An In-Depth Introduction to Commercial Litigation Funding

This program discusses the history of litigation funding, the challenges it used to face in the US, and how those challenges have largely been resolved through modernizing jurisprudence. During this one-hour lecture, we will discuss the structure and fees usually associated with litigation funding, the types of funding available, how the funds can be used, and important considerations for lawyers advising their clients regarding the pros and cons of litigation funding. This course will also touch upon, but not explore, the ethical issues raised by litigation funding for lawyers, for example, questions of discoverability and confidentiality.

Learning Objectives:

1. Understand why litigation funding was legally challenging and why that is no longer the case

2. Understand how litigation funding can be structured, what fees to expect, and how litigation financing companies

3. Get a sense of the way jurisdictions to approach litigation funding, and where there are differences both between and within jurisdictions

4. Become familiar with a few key issues lawyers should be watching for when assisting clients who want litigation funding, or when they are obtaining litigation funding for their own firms