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Breaking litigation finance news and analysis of interest to the full range of stakeholders, including claim holders, law firms, corporate legal departments, investors, and more. Industry trends, emerging practices, and expert insight and commentary on subjects ranging from international arbitration to access to justice.

How to Raise Capital in a Difficult Situation

Lee Drucker

Developing a new product or business in the energy space is rife with complexity. Whether it be creating a new alternative energy device or innovative software platform, energy entrepreneurs must identify a valuable opportunity, assemble a dedicated and talented team, and potentially invest years and abundant resources in R&D – all of which may occur before navigating government regulations, finding manufacturing partners or even knowing whether you have a viable product for the market.

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Litigation Finance; a Financial Perspective

Lee Drucker

On November 20th, the Center on Civil Justice at NYU School of Law hosted an in-depth conference dedicated to the subject of litigation finance, Litigation Funding: The Basics and Beyond. It was a great opportunity to interact with many of the people that are devoting their time and energy to thinking about and building this new ecosystem of law and finance. David Lat (among others) covered the event, and you can read some of his takeaways here.

Personally, I was able to glean from the perspective of other professionals in the industry; some perspectives were new and interesting, and other perspectives I disagreed with, but in either case it was it was worthwhile to learn what perspectives others were bringing to bear. One of the big take-aways for me was that each funder seems to be taking a slightly different approach to the industry. Next week, I will write an article to distill these differences.

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Mt. Rushmore of Healthcare Corporate Venture

Lee Drucker

Lake Whillans is excited to be part of the solution for healthcare’s next great companies. We learned that there are some big issues in the corporate VC-startup relationship. But it was exciting to see some funds have consistently earned entrepreneurs’ trust. We reviewed our research on digital health and life sciences investors again, and are excited to present four corporate funds with the most overall positive feedback from medical innovators. According to our surveys, these are the top healthcare corporate VCs.

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Litigation Finance: a Symposium at NYU

Lee Drucker

On November 20th, the Center on Civil Justice at NYU School of Law will be hosting an all-day conference, Litigation Funding: The Basics and Beyond.

To my knowledge, this is the first law school to host an in-depth conference dedicated to the subject of litigation finance, and it is a great opportunity for those interested in the topic to learn more and interact with some of the people that are currently shaping the industry.

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Protecting Energy Technology

Lee Drucker

One of the biggest challenges energy and technology companies face is protecting innovation. How do you make sure other companies or individuals don’t steal valuable new intellectual property?

Below is an article written by Deborah Huso in which Lisa Adams, partner in the IP section, and Tom Burton, chair of the energy technology practice, at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.’s Boston offices, talk about how to make money from your innovations without risking theft or loss of proprietary technology.

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Litigation Finance Tier 1: Lake Whillans & GKC

Lee Drucker

Above The Law recently published its survey of client experiences with litigation finance firms, and we are happy to be one of only two firms considered ‘top tier’ among the litigation finance companies included in the survey. It is great to learn that ~80% of the companies that we have supported would unreservedly choose to work with us again. It is a solid starting point for our young company, but it is a number we will seek to improve upon as we grow.

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Pick the Right Lawyer for a Royalty Contract

Lee Drucker

Role play with me for a moment. Imagine you’re going in for surgery and you can choose between two surgeons: a doctor who performs that surgery twice a year, or one that does it twice a month?

It’s a no brainer. The same should apply to lawyers – particularly when it comes to the mission-critical task of negotiating royalty contracts. These key agreements will make or break a company. Plus, if things go bad between your company and other parties, these documents will be what separates losing millions (and sometimes more) and remaining intact.

Here are some ways to vet your attorneys to see which ones know enough about royalty agreements.

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Doing business with the DoD (then and now)

Lee Drucker

Small businesses face particular challenges when endeavoring to protect their patent rights and rights to technical data. The committee report noted instances where the DoD gave another contractor access to intellectual property so they could “reverse engineer”and manufacture a patented invention. If a contractor feels his or her invention has been used unlawfully, the contractor’s only recourse, according to the report, is to sue through U.S. Federal Court –an inordinately expensive and time-consuming process.

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Panel Discussion on Protecting Your Company

Lee Drucker

I recently participated in a panel discussion at the Converge conference. It produced a discussion that I think can be useful for innovators in the life sciences space. MedCity News summarized the event here.

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Litigation Finance Interview for MedCity News

Lee Drucker

I was recently interviewed by MedCity News in anticipation of a panel that I will be speaking on at the Converge Conference (Philadelphia September 1 – 2).

“I would speculate that in some situations, the relationship turns into a numbers game. They plug in a number: “What happens if we build out this technology on our own, and what happens if we partner with the entrepreneurial company and own 30 percent?” If they determine it’s more profitable to build the technology on their own, then they disregard the contract and the law.”

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