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Alternative Litigation Financing In The United States
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Book Synopsis Alternative Litigation Financing in the United States by : Steven Garber
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.
Book Synopsis A Legal Ethics Perspective on Alternative Litigation Financing by : W. Bradley Wendel
Download or read book A Legal Ethics Perspective on Alternative Litigation Financing written by W. Bradley Wendel and published by . This book was released on 2014 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the foundational principles of legal ethics is that the lawyer owes an obligation of undivided loyalty to the client, and no other interests or relationships can be permitted to interfere with the lawyer's exercise of independent professional judgment on behalf of the client. The strongest non-consequentialist doctrinal objection to third-party litigation funding is that it may compromise the lawyer's independence. Yet this argument cannot be made in too strong a form, because lawyers are already permitted to enter into relationships or have interests that present a prima facie risk to the lawyer's independence. In the United States, two such situations are the representation of plaintiffs in contingent-fee financed litigation and the representation of insured defendants by lawyers compensated, and substantially controlled, by liability insurers. Both of these situations present conflicts of interest that are mitigated for the most part not by formal rules of professional conduct but by other legal and non-legal sources of constraint. In the insurance defense context, many apparent conflicts are mitigated by doctrines within insurance law that limit the extent to which insurers can act self-interestedly at the expense of the insured. Regarding contingent-fee representation, market mechanisms are entrusted with the role of regulating the size of fees, while agency and tort principles regulate the conduct of lawyers representing plaintiffs in contingent-fee matters. These comparisons show that third-part litigation finance should not be condemned categorically as compromising the lawyer's independent judgment. Rather, the acceptability of third-party finance should be dependent upon the extent to which the relationship between the funder and the recipient of funding is regulated to mitigate the risk of self-interested behaviour on the part of the funder.Forthcoming in a symposium in the Canadian Business Law Journal on alternative litigation financing.
Book Synopsis Third-Party Funding in International Arbitration by : Lisa Bench Nieuwveld
Download or read book Third-Party Funding in International Arbitration written by Lisa Bench Nieuwveld and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Book Synopsis Investing in Justice by : Max Volsky
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.
Book Synopsis Alternative Litigation Finance and the Work-Product Doctrine by : Grace M. Giesel
Download or read book Alternative Litigation Finance and the Work-Product Doctrine written by Grace M. Giesel and published by . This book was released on 2016 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States judicial system is in the midst of great and fundamental change with regard to the funding of litigation. Historically, parties financed litigation out of their own literal or figurative pockets or, perhaps with the assistance of some sort of contingent fee representation. Third-party financing of litigation was frowned upon, if not specifically forbidden. But, now, third-party litigation funding entities have begun, with much more frequency and success, to provide funding for small matters such as individual personal injury claims as well as larger commercial litigation matters between businesses. The demand for this alternative litigation finance ("ALF") clearly exists, and the supply of funding has developed despite historical obstacles. Doctrines such as champerty have faded somewhat form the legal landscape, and old fears of having litigation funded and controlled by evil actors equal to the worst villain in any Dickens novel have receded in light of the notion that everyone deserves access to justice regardless of bank account balance.
Book Synopsis The Third Party Litigation Funding Law Review by : Leslie Perrin
Download or read book The Third Party Litigation Funding Law Review written by Leslie Perrin and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Third Party Funding by : Gian Marco Solas
Download or read book Third Party Funding written by Gian Marco Solas and published by Cambridge University Press. This book was released on 2019-09-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.
Book Synopsis Selling Lawsuits, Buying Trouble by : U.S. Chamber Institute for Legal Reform
Download or read book Selling Lawsuits, Buying Trouble written by U.S. Chamber Institute for Legal Reform and published by . This book was released on 2009 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courting Failure written by Lynn LoPucki and published by University of Michigan Press. This book was released on 2006-02-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening account of the widespread and systematic decay of America's bankruptcy courts
Book Synopsis Public Interest Lawyering by : Alan K. Chen
Download or read book Public Interest Lawyering written by Alan K. Chen and published by Aspen Publishing. This book was released on 2014-12-09 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today. Features: The first comprehensive overview of the broad range of contemporary issues faced by public interest lawyers in any American law school text. Thorough discussion of important theoretical issues about the scope and definition of public interest lawyering. Addresses American public interest law from a historical perspective with focus on current issues. Expansive examination of the settings in which public interest practice occurs, including nonprofit organizations, government agencies, and private law firms. Presents the advantages and limits of different legal strategies in public interest practice, including lobbying, public education, community organizing, and community economic development. Addresses contemporary challenges of public interest law in context, including economics and financing, legal ethics, the role of legal education, and the globalization of public interest practice. Discusses critiques of public interest law, including a reflection about the role of lawyers in social movements that addresses contemporary critiques. Ethical obligations of public interest lawyers. Explores special issues related to lawyer-client relations in social change contexts. Extensive coverage of: Models of law reform organizations. Conservative cause lawyering. Government lawyers. The economics of social change lawyering. Global social change lawyering.
Book Synopsis The Law and Business of Litigation Finance by : Steven Friel
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.
Book Synopsis Can and Should the New Third-Party Litigation Financing Come to Class Actions? by : Brian T. Fitzpatrick
Download or read book Can and Should the New Third-Party Litigation Financing Come to Class Actions? written by Brian T. Fitzpatrick and published by . This book was released on 2018 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, there has been tremendous growth in a form of third-party litigation financing where investors buy pieces of lawsuits from plaintiffs. Many scholars believe that this new financing helps to balance the risk tolerance of plaintiffs and defendants and thereby facilitates the resolution of litigation in a way that more closely tracks the goals of the substantive law. In this Article, I ask whether these risk-balancing virtues of claim investing carry over into class action cases. This is a question that has not yet been addressed by scholars because many think it is not possible for financiers to buy pieces of class action lawsuits in the United States. But I show that such investments are neither impractical nor unethical; indeed, it appears that they are already here. It is therefore worth considering whether the investments confer the same social benefits they do in other cases. I argue that although class members do not need a risk transfer device in class action cases because they are almost always risk-neutral in light of their small losses, their lawyers do need such a device. Although this does not necessarily mean that claim investing is socially desirable overall in class actions, the social costs that have thus far been identified with claim investing seem modest compared to the benefits.
Book Synopsis Third-Party Litigation Finance by : Anthony J. Sebok
Download or read book Third-Party Litigation Finance written by Anthony J. Sebok and published by Aspen Publishing. This book was released on 2024-01-31 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Litigation finance sits at the intersection of many well-known subjects within the law school curriculum: contracts, torts, civil procedure, evidence, professional responsibility, insurance, and capital markets. There are no professionally produced materials for a professor who wants to teach an entire semester-long course on litigation finance. This casebook is an attempt to fill that gap. Its ten chapters provide a foundation for a two- or three-credit class, although many of the chapters could also be used individually as supplemental material for a free-standing unit on litigation finance in another course, such as torts, civil procedure, or the law of lawyering. Notwithstanding the fact that the law of litigation finance is rapidly developing as investment in litigation and legal services grows, the cases and other materials contained in this book will remain relevant and useful to anyone trying to teach students about this important new body of law. Benefits for instructors and students: Careful selection of the leading cases in the United States about the development and current law of assignment and litigation finance. Diverse selection of secondary source material, including major law review articles, as well as reports and advocacy materials from supporters and critics of litigation finance. Notes following the readings help the student progress through the materials in a logical and coherent manner.
Book Synopsis Exotic Alternative Investments by : Kevin R. Mirabile
Download or read book Exotic Alternative Investments written by Kevin R. Mirabile and published by Anthem Press. This book was released on 2021-01-05 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates investment opportunities such as life settlements, litigation funding, farmlands, royalties, weather derivatives, collectables and other unique asset classes. It provides an in-depth analysis of the returns, risks, opportunities and portfolio effects for anyone who wants to expand their investment horizons. This book is for individual investors, financial advisors, and academics who desire knowledge about investment products beyond just stocks and bonds or vanilla hedge funds, private equity and real estate investments. It provides a critical link to industry data and original research to support the case for adding exotic alternative investments to traditional portfolios.
Book Synopsis Entrepreneurial Litigation by : John C. Coffee
Download or read book Entrepreneurial Litigation written by John C. Coffee and published by Harvard University Press. This book was released on 2015-06-08 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
Book Synopsis In Litigation by : Herbert M. Kritzer
Download or read book In Litigation written by Herbert M. Kritzer and published by Stanford University Press. This book was released on 2003 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects in a single volume Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," with ten contemporary articles about Galanter's theory. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work.
