Litigation Finance; a Financial Perspective

Lee Drucker | December 2, 2015

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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How to Choose a Litigation Funder

Lee Drucker | November 28, 2015

As the litigation finance market has developed in the U.S., the number of firms offering financing has likewise grown. Indeed, in recognition of the growing field of players, Above the Law recently surveyed readers about their experiences with the most significant commercial litigation finance firms. But beyond word of mouth, how might one choose among litigation funders, particularly if they are offering ostensibly equivalent economic terms? Like choosing attorneys best suited to litigate a case, there are a number of considerations that will enable claimholders and their counsel to differentiate between their options.

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Mt. Rushmore of Healthcare Corporate Venture

Lee Drucker | November 23, 2015

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 | November 5, 2015

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 | October 28, 2015

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: Ethics Q & A

Boaz Weinstein | October 27, 2015

I recently had the pleasure of participating in a panel discussion on litigation finance hosted by the Association of Business Trial Lawyers in Ojai, California. The audience was engaged and asked a variety of questions, including many on ethical considerations related to litigation finance. Since this topic seems to be top of mind for lawyers when it comes to litigation finance, we offer the following sample Q&A:

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Litigation Finance Tier 1: Lake Whillans & GKC

Lee Drucker | October 19, 2015

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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Welcome to Our Newest Team Member

Lee Drucker | October 5, 2015

We recently hired our first full-time employee, Marla Decker, and we could not be more excited to have her as part of the team. Without further introduction, here is Marla, on how she came to join Lake Whillans, her views on litigation finance and the legal industry.

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Pick the Right Lawyer for a Royalty Contract

Lee Drucker | September 29, 2015

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 | September 28, 2015

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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The best way for companies and their counsel to determine if litigation finance is an attractive option is to discuss it with us.