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Litigation Finance Evangelism

By Lee Drucker

If you have been looking for a niche that will help you attract new business from inside and outside your firm, one of the most promising areas is litigation funding. A wide range of lawyers in your firm need to be able to navigate litigation funding: transactional lawyers need to advise clients on the finance aspects of major litigation; litigators must advise clients who are considering potential claims of the various financing options available to them; and law firm leaders routinely evaluate the security and profitability of the firm’s fee arrangements with clients. Expertise in litigation funding has become a core competence. Being an expert in litigation funding used to be a competitive advantage. http://www.newellis.com/PDFs/2017/NewEllis-030617.pdf. But with the increased availability and acceptance of litigation funding, lawyers’ having experience with litigation funding– and funders—is a necessity and any firm lacking in this area will be at a distinct disadvantage.

The 10 Most Innovative Life Sciences Deals of 2017

Life Sciences Law Firm Index | Q1 2018 In recent years, Lake Whillans has published extensively on the multifaceted interplay between the legal market and the life sciences industry, specifically identifying the most active and relevant law firms for life science companies. This year, Lake Whillans is flipping the telescope around with the publication of…

Litigation Finance: Work Product & Discovery in the Wake of Gharabe v. Chevron

By Garrett Ordower

The closely watched case of Gbarabe v. Chevron – a class action against the oil giant based on an oil rig explosion off the coast of Nigeria – has been portrayed as a cautionary tale for the world of litigation finance. The defense attorneys’ dogged pursuit of the details of plaintiff’s outside funding, the story goes, succeeded, and aided in the attack on the adequacy of plaintiff’s counsel. The defense did successfully defeat class certification, but litigation funding ultimately played little or no role in the case’s demise.

Litigation Finance Disclosure — It’s the Claimant’s Choice, for Now

By Garrett Ordower

Claimants considering litigation financing often ask whether financing must be disclosed to U.S. courts. The answer in federal courts – for now – is no (save one limited exception).

Rule 26 of the Federal Rules of Civil Procedure currently requires initial disclosure of a broad range of information including the documents and other materials the party expects to use to support its claims or defenses, the computation of categories of damages, the identification of those who might have discoverable information, and insurance agreements. But the rule doesn’t require all potential disclosures, including for example, litigation financing arrangements.

The Top 10 Life Sciences Law Firm Index Patent Firms Through Q3 2017

Life Sciences Law Firm Index: Q3 2017 Lake Whillans created the Life Sciences Law Firm Index in 2016 to help identify which law firms are the most active and relevant for life science companies. The index was developed in collaboration with our research partners at Breaking Media, the publishers of leading industry sites MedCity News and Above the…

Why did I go from BigLaw to litigation finance? Good question.

By Garrett Ordower

Since joining the Lake Whillans team this summer, I’ve been asking a lot of questions. To effectively finance litigation our team must completely understand the factual and legal basis for the claim. So we ask questions. But they have to be the right ones — informed by diligent research on the particular case and our legal knowledge and experience.

Third Party Funding in International Arbitration – Rising Interest, Rising Protections for Funded Parties

By Marla Decker

Third party funding of international arbitration disputes has been a hot topic for some time, and more and more we see its globalization take hold. Third party funding and international arbitration are a natural fit because of the great risks, high costs, and large amounts at stake in international arbitration disputes. Third party funding allows those costs and risks to be mitigated by the funder in exchange for a share of the potential award. In the past year, we have seen a noticeable uptick in the number of claimants seeking funding for international arbitration claims. (Lake Whillans funds U.S and Canadian litigation as well as domestic and international arbitration).

Best Life Sciences Law Firm Ranking 2017

Life Sciences Law Firm Index | Q2 Update The complex life cycle of a biotechnology product, pharmaceutical or medical device demands a broad range of legal expertise across many practice specialties. From intellectual property protection to corporate and regulatory advice, the leading law firms in the life sciences space combine sophisticated legal counsel with deep…

Boaz to Deliver Keynote Address at NYC’s Litigation Funding Conference

By Lee Drucker

On Friday, April 28, leaders of the litigation finance industry will gather in New York City at the 2017 Litigation Funding Conference to discuss the current state of litigation funding, as well as number of other topics relevant to the industry. The conference is a chance for legal and financial professionals to network with others in the industry and learn about the most pressing topics affecting litigation finance today.

Defense-Side Litigation Funding – In Practice

By Lee Drucker

Litigation funding is not just for plaintiffs. We, at Lake Whillans, provide defense-side financing using a unique transaction structure. While our approach does not work for all defense-side litigation or arbitration, in the right circumstances, our structure provides for a straight forward transaction that allows a defendant to optimally protect its business.