Litigation Finance: Overview and Recent Developments

Ninety percent of U.S. corporations are engaged in litigation at any one time. As a result, litigation funding exploded into a booming industry.

Fortune 500 companies and smaller firms all seek litigation funding, in part, because the expenses of funding litigation need to be deducted from the company's balance sheet which can quickly add up, meaning companies could see millions of dollars in "lost capital" from their balance sheets over the course of several years. Such businesses (plaintiffs or claimants) free up working capital from these constraints and have greater access to justice than they otherwise might. They may use the money not deployed to litigation to support new hires, research, development, or any other corporate goal.

Litigation finance can influence the dynamics of a case, affecting settlement negotiations and litigation strategies. Attorneys who understand how to leverage litigation finance and know recent trends and developments have a competitive advantage. This program will provide attorneys with an overview of litigation finance and how it works and analyze and discuss recent developments.

Learning Objectives:

1. Analyze the concept of litigation finance by defining it, discussing how it operates, and explaining its role in the legal industry
2. Evaluate recent trends and developments in litigation finance including ethical updates and emerging practices
3. Demonstrate practical guidance on using litigation finance including insights on how litigants and law firms can effectively utilize litigation finance to their advantage