Download or read book Litigation Funding for the Property Industry written by David Horsfall and published by Chartridge Books Oxford. This book was released on 2000-04-30 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: The funding of litigation is now a major factor in the property industry. This book examines new legal developments in the field in the UK. The book provides technical detail and also practical examples to ensure the manager is in a better position to negotiate with his/her lawyers. The new Court rules combined with the stated aim of Government policy of removing legal aid and at the same time ensuring access of Justice through contingency fees has meant a revolution in the manner of funding litigation. But this has meant an even more acute conflict of interest between solicitor and client because the lawyer needs to be able to recoup funding the action by taking a share of the proceeds of the claim. The commercial client needs to be aware of the parameters to negotiate the conditional fee agreement. The aim of this book is to: provide a clear outline of the meaning of conditional fees and contingency fees; provide an outline of the costs that may be payable under the new regime; provide a breakdown by way of summary of different types of legal insurance available on the open market including after the event insurance; give an overview of the fast-track, small-track and multi-track procedures; relate litigation to service charge recovery programs for residential and commercial property.
Download or read book Investing in Justice written by Max Volsky and published by . This book was released on 2013-04 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative assets have become popular in recent years, mainly because they offer superior returns and are uncorrelated to traditional markets. Legal finance also called lawsuit funding, lawsuit loans, pre-settlement funding, tort advances, plaintiff advances, litigation finance, litigation financing, litigation funding or dispute finance refers to investments in lawsuits. Written by a renowned expert, this book is essential reading for investors, consumers, lawyers, policymakers, business executives, and anyone who can benefit from having a clear and comprehensive framework for understanding this industry and its capacity to create more balanced and provident legal systems around the world. Join us as we explore this new market and examine the industry s most poignant issues.
Download or read book The Law and Business of Litigation Finance written by Steven Friel and published by Bloomsbury Publishing. This book was released on 2020-12-01 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
Download or read book The Law and Business of Litigation Finance written by Steven Friel and published by Bloomsbury Publishing. This book was released on 2020-12-01 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
Download or read book The Law and Business of Litigation Finance written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions."--...
Download or read book Alternative Litigation Financing in the United States written by Steven Garber and published by RAND Corporation. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative litigation financing (ALF)--also known as "third-party" litigation financing--refers to provision of capital by parties other than plaintiffs, defendants, their lawyers, or defendants' insurers to support litigation-related activity. This paper describes the ALF industry as of early 2010 and discusses the legal ethics, social morality, and, especially, potential economic effects of ALF.
Download or read book Justice Dealers written by Radek Goral and published by . This book was released on 2015 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: People litigate for various reasons. Some want to right wrongs, others - make precedents. But most, at least in the civil realm, sue to protect economic interests; and they are motivated by pragmatic considerations rather than abstract notions of justice. One fruit of the mercantile approach to civil litigation is the nascent market where third parties provide financing for litigants (or their lawyers) and profit from a successful resolution of the funded claims. Through the lens of a third-party funder, justice is a mass-market commodity, and its value depends on laws of men and laws of probability alike.The ways of litigation funders create multiple points of tension for the legal process and its participants, and laws on the book offer little guidance on how third-party interests should be treated. Resulting procedural and ethical dilemmas have stirred a debate among scholars who rushed to offer conflicting opinions and advice. Critics demand that litigation investing be banned, calling it a travesty of justice that turns courts into casinos. Enthusiasts want the practice formally recognized, asserting that it levels the playing field for weaker parties.The discussion on litigation financing does not lack vigor; but it does lack hard facts. Drawing from first-hand empirical data on the practice of litigation funding in the United States, this paper explains how the market for legal claims actually works. First, I describe the entire ecosystem of actors who apply the logic of asset management to uncertainties of individual lawsuits - litigants; litigators; funding companies and their investors; and their “entourage” providing additional, specialized services. Then I segment the market and explore different strategies of third-party investing. Finally, I list American litigation funders and group them based on what they do.Based on the descriptive findings, I claim that modern civil litigation engages multiple, often undisclosed stakeholders with complex financial motivations. I argue that such interests should be recognized by the legal system as legitimate and ultimately regulated. The first step in that direction should be making sure that third-party involvement in a dispute is disclosed.
Download or read book Litigation Costs Funding and Behaviour written by Willem H. van Boom and published by Routledge. This book was released on 2016-12-08 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.
Download or read book Litigation Funding written by Steven Friel and published by Law Business Research Ltd.. This book was released on 2017-01-03 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation Funding, edited by Steven Friel and Jonathan Barnes of Woodsford Litigation Funding, is a timely survey of its regulation and practice in key economies worldwide, with the third-party funding of litigation becoming an increasing reality in the world's leading dispute resolution centres. Topics covered include: specific legislation and regulation of third-party funding, available funding options, fee and interest limits, conditional and contingency fee agreements, choice of counsel, funder attendance and participation in proceedings, veto rights, funding termination, class actions funding, liability, costs, and after-the-event insurance. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners across 16 jurisdictions. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
Download or read book Access to Justice written by Syed Ahmed and published by . This book was released on 2017 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation financing is also known as legal financing and third-party funding is relatively recent development beginning on or around 1997. The demand for both commercial and consumer litigation funding is picking up the pace. Nevertheless, the landscape for commercial litigation is rapidly evolving and has the capacity to protect the plaintiff from a potential nightmare of litigation, financial fines, and bad publicity. Litigation Financing is favourably viewed as a means of increasing access to the civil justice system and spurring the development of the rule of the law. The funding corresponds to an increase in litigation and court caseloads. It develops a principal-agent framework where litigation funders provide funding which will increase the market for legal services. Litigation financing typically authorizes the third party by a treaty as how a dispute shall be settled. Each funding transaction is unique and it is tailored to individual requirements, structure and jurisdiction. The funder facilitates financing and controlling the litigation in the expectation to earn a profit. Market-based approach to justice is gaining momentum and surging in many countries around the world.
Download or read book Litigation Financing and the Birth of a Legal Market written by David Russell and published by . This book was released on 2016 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation financing is the practice whereby a noninterested third-party investor offers capital to a plaintiff in return for a share of a settlement, judgment, or verdict down the road. Fifteen years ago, litigation financing was nonexistent in the American legal system. Today, it is a multi-billion dollar industry. Simply put, litigation financing has converted the American legal system into a "legal market." Unfortunately, outside of those directly participating in the market, this market is a black box.Currently, existing scholarship on litigation financing fails to define key aspects of the legal market. It cannot define how large or sophisticated the market is, how litigation financing firms make money, or where the market is likely to go. This paper attempts to close this aforementioned hole in existing scholarship by focusing solely on litigation financing's market aspect. This paper analyzes how litigation financing firms make money, forecasts the future of the market, and predicts what distortive effects a future market could have on our legal system. In doing so, this paper provides a foundational understanding of the current state of litigation financing, and forecasts its future as it grows more sophisticated by the day.
Download or read book Intellectual Property written by Yuridia Caire and published by John Wiley & Sons. This book was released on 2022-03-22 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stay informed about every major and recent development in the law of intellectual property in the US In the 2022 Cumulative Supplement to the 5th edition of Intellectual Property: Valuation, Exploitation, and Infringement Damages, a renowned team of authors delivers a comprehensive and authoritative review of the most relevant and impactful changes to the legal regime governing intellectual property in the United States. Current to the year 2022, the Supplement explores the legislative and regulatory changes, as well as major developments in case law, affecting intellectual property in the US. An indispensable update for lawyers advising founders, entrepreneurs, and executives in any industry, and business leaders themselves, this volume is a one-stop resource covering every applicable recent change in a rapidly evolving area of the law.
Download or read book Commercial Real Estate Finance Strategies written by Natalie H. Rauf and published by Aspatore Books. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Real Estate Finance Strategies provides an authoritative, insiderÆs perspective on helping buyers and borrowers navigate the evolving real estate marketplace. Featuring experienced partners from law firms across the nation, these experts guide the reader through the intricacies of the commercial transaction process and address common challenges clients are likely to face. These top lawyers offer specific advice on negotiating lender deal points, selecting an appropriate broker, and determining property pricing based on location, condition, and economic situation. From conducting due diligence to understanding client objectives, these experts discuss the need to review loans for legal weaknesses and stress the importance of learning the goals of all involved parties. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this complex legal field. Inside the Minds provides readers with proven business and legal intelligence from leading C-Level executives and lawyers. Each chapter offers thought leadership and expert analysis on an industry, profession, or topic, providing a future-oriented perspective and proven strategies for success. Each author has been selected based on their experience and C-Level standing within the business and legal communities. Book jacket.
Download or read book Litigation Finance written by Jonathan T. Molot and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a system dominated by settlement, scholars, lawyers, and judges who want to promote accuracy in litigation strive to promote accurate settlements. This effort typically relies on judicial intervention in pretrial practice, or on extrajudicial substitutes, to educate parties on the merits of their positions and induce them to settle for amounts that reflect those merits. The goal is to make pretrial resolutions look more like adjudicated resolutions, albeit with less expense. These reform efforts largely fail to address a major force that can skew settlements away from the merits: imbalances in risk preferences. Settlements are a product not only of the parties' expectations for trial but also of their tolerance for risk. In deciding whether to settle or proceed to trial, parties must compare a given settlement amount with a range of possible trial outcomes, the precise distribution of which is uncertain. When parties choose between a certain outcome and an uncertain outcome, their choice will be affected by their risk preferences. And where one party is a repeat player and the other is a one-time participant, they will have very different risk tolerances -- the one-time, risk-averse participant will be more fearful of proceeding to trial, more eager to settle, and in a weaker bargaining position. When imbalances in risk preferences skew settlements away from the merits, this is just as much a market failure as a failure of procedure. Unlike the efficient markets we rely on to price all sorts of assets and liabilities, the market for litigation claims is uniquely limited to just two participants. The plaintiff can sell only to the defendant and the defendant can deal only with the plaintiff. For this reason, imbalances in risk preferences can lead to the mispricing of lawsuits. If we want the settlement process to value lawsuits accurately, perhaps we should do the opposite of what scholars have done in the past. We should consider making settlements look less like adjudications and more like market transactions. If a party to a lawsuit is poorly equipped to bear litigation risk and fearful of being coerced into an unfair settlement, we would not rely on judicial intervention to save him. Rather, we would empower the party to help himself via a market transaction. If the weaker party could off-load risk via the market to someone better able to bear it, he might be able to counter the stronger party's bargaining advantage. Indeed, by enlisting the help of a third party that holds a diverse portfolio of litigation risk and is better able to bear such risk, the weaker party could bolster his negotiating position and secure a settlement that reflects the merits of the lawsuit rather than the bargaining positions of the parties. This Article compares traditional approaches to promoting accuracy with an alternative, market-based approach. It considers the nascent litigation markets that exist in this country and abroad, and the obstacles that have prevented their maturation into a viable solution. Finally, the Article considers reforms to foster a more robust litigation market. The goal is to shed new light on a litigation finance industry long viewed by the legal profession and the academy with disdain. The Article recasts litigation finance as a potential engine for good -- a force that may promote accuracy in adjudication where conventional reform efforts have failed.
Download or read book Litigation Support Report Writing written by Jack P. Friedman and published by John Wiley & Sons. This book was released on 2015-10-08 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive collection of effective litigation reports on a variety of subjects Accounting, financial, appraisal, and economic experts called upon to provide expert testimony in legal proceedings need reliable models for the critical documents they will submit to the court. Litigation Support Report Writing collects eighteen exemplary reports from a variety of financial topics, providing professionals a comprehensive resource on this vital function. Order your copy today.
Download or read book The Market for Justice written by Christopher J. Malloy and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Shadows of Litigation Finance written by Suneal Bedi and published by . This book was released on 2020 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigation finance is quickly becoming a centerpiece of our legal system. Once a dispute arises, litigants may seek money from third-party financiers to pay their legal bills or monetize their claims, and in turn those financiers receive a portion of any case proceeds. Yet policymakers are struggling with how to best evaluate and regulate litigation finance. There are two problems. The first is an awareness problem. Some commentators consider litigation finance “likely the most important development in civil justice of our time,” but others have hardly heard of it. As a result, policymakers don't quite understand what litigation finance is, how it works, and what's actually new about it. The second problem is analytical. There is no scholarly framework policymakers can rely upon to evaluate whether litigation finance is actually good for the legal system and society. Moreover, the existing scholarship has overlooked important welfare effects, risking inefficient and sub-optimal regulatory decision-making.This Article addresses both problems. First, it articulates what exactly litigation finance is, who uses it, why they use it and -- most importantly -- details what is (and isn't) new about this form of financing. Second, it provides a novel framework for analyzing the welfare implications of litigation finance. The existing scholarship has thus far focused narrowly on the effects of litigation finance on behavior after a claim accrues and a litigant seeks funding. This Article's framework provides new insights by explaining how litigation finance also significantly affects parties' behavior before a legal dispute ever arises. Once these “pre-claim” effects of litigation finance are understood alongside the “post-claim” effects that scholars have previously identified, it becomes clear that policymakers should encourage rather than obstruct litigation finance.
