INSIGHTS INTO LITIGATION FINANCE

Lake Whillans’ Life Sciences Law Firm Index

Lee Drucker

In order to help entrepreneurs in the life sciences sector, we are creating an annual ranking of the top law firms that help these entrepreneurs protect their interests throughout the lifecycle of their business.

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The Maple Tree is Growing: Commercial Litigation Funding in Canada

Marla Decker

The litigation finance industry in the U.S. is relatively new compared to the more mature markets that exist in Australia, the U.K. and other parts of Europe. Continuing the growth trend in North America is now Canada, which has begun to adopt litigation finance on its own terms.

Like its Commonwealth sister Australia, litigation finance in Canada found its initial toehold in class action funding, in response to the ever-increasing costs of litigation and the risks of a loser-pays system. Over the last few years, Canadian courts have approved litigation funding agreements in the class litigation context despite long-standing adherence in Canada to the champerty and maintenance doctrines. In fact, the province of Quebec took the unique step of establishing a public fund that is used to finance class lawsuits as discussed by University of Montreal Professor Catherine Piché at last month’s symposium on litigation finance at NYU. Ontario has a similar fund.

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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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How to Choose a Litigation Funder

Lee Drucker

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

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: Ethics Q & A

Boaz Weinstein

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

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