“Speaking at LITFINCON on the Litigation Finance as an Asset Class panel last week, we discussed whether or not litigation finance is a mature asset class. I noted that while we have seen some maturity (e.g., specialized players, some transparency and standardization), the market is still in a frontier stage and not likely to become mature anytime soon. There is still a large lack of transparency in the space and wide variations in pricing, while the market remains very opaque. That is why it is important for law firms and clients to use an impartial advisor to help them navigate the market and also for law firms to work towards standardizing best practices. Questions that came up frequently included the discoverability of litigation finance, the use of insurance as a stand-alone product or in conjunction with litigation finance, and the emergence of secondary markets. I was proud to witness again and again that Westfleet Advisors is viewed as an industry leader and expert and those in the industry find our work product valuable as Westfleet Advisors’ industry report was cited often as a source for trends in litigation finance. Have the same questions or are you curious about the litigation finance process? Learn more and reach out so we can answer your questions: https://lnkd.in/e2-PBAv2.” -Wendie Childress, Managing Director and Counsel, Westfleet Advisors
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Day 10: Key Terminologies in Litigation Funding 📚 Navigating the world of litigation funding can be easier when you understand the common terms used in the industry. Here are some key terminologies to help you get started: 1. After-the-Event (ATE) Insurance: This is insurance purchased after a legal dispute has arisen, providing protection against the risk of losing the case and having to pay the opposing party’s legal costs. 2. Non-Recourse Funding: A type of funding where the funder is only repaid if the plaintiff wins the case. If the claim is unsuccessful, the funder bears the loss. 3. Maintenance and Champerty: These are historical legal doctrines that prohibited third-party involvement in litigation. However, many jurisdictions have relaxed these doctrines, paving the way for modern litigation funding 4. Portfolio Funding: Involves financing multiple legal claims under one agreement, typically for a law firm or corporation. It helps spread risk and increases funding efficiency. 5. Capital Commitment: The total amount of funds that a litigation funder commits to a case or a portfolio of cases. 6. Return on Investment (ROI): The percentage of profit a litigation funder expects to earn from a successful case. This is usually a pre-agreed share of the recovery amount. Understanding these terms will make it easier to grasp the nuances of litigation funding. Stay tuned! Share Samadhan #LitigationFunding #LegalTerminology #LegalFinance #DisputeResolution #LegalSupport www.sharesamadhan.com | www.litigationfundings.com
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Thankfully I have been able to avoid litigation in my 20+ years in CRE but I believe many will find the new changes to the Florida state civil litigation rules, set to take effect on January 1, 2025, helpful. . These amendments aim to streamline timelines, align procedures with Federal court practices, and enforce stricter disclosure and case management requirements. Key changes include: Upfront Discovery Disclosures: Parties must provide detailed initial disclosures within 60 days of the complaint, including information about witnesses, documents, damages, and insurance policies. Discovery must be proportional, with a duty to update responses or risk sanctions. Expedited Case Management: Civil cases will be assigned to streamlined, general, or complex tracks within 120 days. Strict case management orders will enforce timelines, with limited opportunities for extensions or continuances, making litigation faster and more rigid. Rule Modifications: Rules governing motions, summary judgment, and discovery will require more timely responses, specific objections, and the possibility of sanctions for non-compliance. Trial dates can now be set before pleadings are closed, and motions must include a good faith effort to resolve disputes before seeking court intervention. These changes are designed to accelerate litigation, increase efficiency, and impose tighter deadlines, which will significantly affect clients by increasing the speed and cost of litigation.
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In the realm of business litigation, understanding the implications of corporate transitions and contract enforcement can be critical. The recent appellate decision in Herman v. Lopez et al. highlights several lessons for business owners on successor liability, the binding nature of contracts, and the pitfalls of corporate restructuring without due diligence. https://lnkd.in/eiwdVVfc
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Congratulations to Skufca Law attorneys Ronald A. Skufca, Kerry L. Traynum, Daniel Trimmer, and Jordan A. Burke for being recognized in The Best Lawyers in America® and Best Lawyers: Ones to Watch in America™ by Best Lawyers. Skufca was recognized in Construction Law: Litigation - Construction, Traynum in Construction Law: Litigation - Insurance, Trimmer in Commercial Litigation: Litigation - Construction, and Burke was recognized in Best Lawyers: Ones to Watch® in America in Commercial Litigation.
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So, what is litigation funding? Litigation funding is a financial solution that empowers individuals, businesses, and law firms to pursue legal claims without bearing the upfront costs. It’s a game-changer for those who lack the financial resources to take on well-funded opponents, particularly in cases like housing disrepair, financial mis-selling, and personal injury. Here’s how it works: 𝟭. 𝗧𝗵𝗶𝗿𝗱-𝗣𝗮𝗿𝘁𝘆 𝗙𝘂𝗻𝗱𝗶𝗻𝗴 A litigation funder provides the necessary capital to cover legal fees, expert reports, and other expenses associated with the case. 𝟮. 𝗥𝗶𝘀𝗸 𝗠𝗮𝗻𝗮𝗴𝗲𝗺𝗲𝗻𝘁 The risk is mitigated due to the money only being loaned to well-established and vetted solicitors, with personal guarantees also being put in place. 𝟯. 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 𝗕𝗮𝗰𝗸𝗶𝗻𝗴 To enhance security, many funders utilise After the Event (ATE) insurance, which covers costs if the case is unsuccessful. 𝗪𝗵𝘆 𝗶𝘀 𝗟𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻 𝗙𝘂𝗻𝗱𝗶𝗻𝗴 𝗜𝗺𝗽𝗼𝗿𝘁𝗮𝗻𝘁? Litigation funding: • Levels the playing field, giving smaller parties the power to take on larger, resource-rich opponents. • Improves access to justice for vulnerable claimants who might otherwise abandon their cases due to financial constraints. • Enables law firms to take on more cases without stretching their capital. 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 𝗳𝗼𝗿 𝗜𝗻𝘃𝗲𝘀𝘁𝗼𝗿𝘀 Investing in litigation funding offers: • 𝗦𝘁𝗲𝗮𝗱𝘆 𝗥𝗲𝘁𝘂𝗿𝗻𝘀 Investors can earn fixed returns (e.g. up to 13% per annum, paid quarterly or annually) by funding a diversified portfolio of cases. • 𝗥𝗶𝘀𝗸 𝗠𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻 Comprehensive security measures like ATE insurance and legal charges on case proceeds provide additional peace of mind. 𝗔 𝗥𝗲𝗮𝗹-𝗪𝗼𝗿𝗹𝗱 𝗘𝘅𝗮𝗺𝗽𝗹𝗲 Imagine a law firm specialising in housing disrepair claims. Without litigation funding, they might reject valid cases due to high upfront costs. With funding, they can pursue these claims, ensure justice for tenants, and repay investors from the proceeds of successful cases. Litigation funding doesn’t just support legal outcomes—it drives societal impact while offering financial growth opportunities for investors. Interested in learning how SHG’s litigation funding solutions create impact and deliver fixed returns? Comment below or drop me a message to find out more! #litigationfunding #socialhousing #socialimpact #makeadifference
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Shook has earned a National Tier 1 ranking for Commercial Litigation among five National Tier 1 rankings for 2025 from Best Lawyers. Shook Partners Mike Cargnel, Gary Miller, Lynn Murray and Joe Rebein lead the firm’s Business Litigation Practice Group, which has successfully handled thousands of cases for clients engaged in major business disputes and civil litigation. Shook also received a National Tier 2 ranking for Insurance Law and a National Tier 3 ranking for Litigation – Labor and Employment. Shook’s Chicago, Kansas City and Miami offices received a Tier 1 distinction in the Metropolitan rankings for Commercial Litigation, with Chicago further receiving recognition for Insurance Law. Additionally, Shook's Kansas City office received new recognition in the category of Litigation – Antitrust and was ranked Tier 1 in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. The firm's Chicago office received a Tier 1 Metropolitan ranking for Insurance Law, and the firm’s Miami office received top tier rankings for Arbitration and Mediation. The Privacy and Data Security team, led by Partner Alfred Saikali, was recognized with a Metropolitan Tier 1 ranking for the Miami office in the Privacy and Data Security Law category. Shook's employment work also received Metropolitan Tier 1 recognition in Litigation - Labor and Employment. Shook's National Employment Litigation & Policy Practice is led by Partner Bill Martucci. Read more about this year's Best Lawyers rankings: https://lnkd.in/g8Qkdpnr Learn about Shook's business litigation capabilities: https://lnkd.in/gtTw9Xu8 ***** #BestLawyers
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WHY CHOOSE PYY Settlement Solutions WHEN BUYING A HOUSE? Legal Expertise: Contract Review: Our lawyers can thoroughly review the purchase agreement, identify potential risks, and negotiate terms in your favor. Title Search & Insurance: Our lawyers can investigate the property's title history, ensuring it's free of liens, encumbrances, and other issues. Title insurance protects you from future claims against the property. Closing Guidance: Our lawyers can guide you through the closing process, ensuring all documents are accurate and that your interests are protected. Negotiation: Our lawyers can advocate for your best interests during negotiations with the seller or their attorney. If any issues arise during the transaction, a lawyer can help you resolve them efficiently. Knowing you have legal representation can provide significant peace of mind during what can be a stressful process. Trust PYY's decades of real estate experience to help you through the process. After all, we've been Guiding You Home For Generations. Find us online 24/7 at pyyclosings.com or call 814-337-7000. This information is for general knowledge and informational purposes only, and does not constitute legal advice.
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We are pleased to announce our firm has been named among the “Best Law Firms” ranked by Best Lawyers in America in its 2025 edition. This honor reflects the respect and esteem we consistently earn from our clients and peers. The Best Law Firms research methodology includes the collection of client evaluations and peer lawyer reviews. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal experience. We earned top tier metropolitan ratings in all our primary practice areas including: Appellate Practice (Tier 2) Commercial Litigation (Tier 1) Construction Law (Tier 1) Corporate Law (Tier 1) Insurance Law (Tier 2) Land Use & Zoning Law (Tier 2) Litigation – Construction (Tier 1) Litigation –Health Care (Tier 2) Litigation – Insurance (Tier 1) Litigation – Real Estate (Tier 1) Medical Malpractice Law – Defendants (Tier 2) Mergers & Acquisitions Law (Tier 2) Personal Injury Litigation – Defendants (Tier 1) Product Liability Litigation – Defendants (Tier 2) Professional Malpractice Litigation (Tier 1) Real Estate Law (Tier 1) Trusts & Estates (Tier 2) To be eligible for a ranking, a firm must have a lawyer recognized in The Best Lawyers in America® which honors only 5% of lawyers practicing in the US and 93% of our partners are included in the 2025 list.
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Upcoming Webinar: Strategic Insights into the Future of ERISA 401(k) Fee Litigation: Trends, Case Analysis, and Emerging Claims This coming Monday, October 21, Seyfarth attorneys Ian H. Morrison, Ada W. Dolph, Sam M. Schwartz-Fenwick, and Thomas M. Horan will present a webinar entitled Strategic Insights into the Future of ERISA 401(k) Fee Litigation: Trends, Case Analysis, and Emerging Claims. Monday, October 21, 2024 2:00 p.m. to 3:00 p.m. Eastern 1:00 p.m. to 2:00 p.m. Central 12:00 p.m. to 1:00 p.m. Mountain 11:00 a.m. to 12:00 p.m. Pacific About the Program As we've seen throughout 2024, 401(k) fee litigation continues to evolve rapidly, presenting new challenges and opportunities for plan sponsors, fiduciaries, and administrators. Understanding these changes and their implications is essential to safeguarding organizations and ensuring compliance. Join partners from our ERISA Litigation team as they provide critical updates and analysis on key developments shaping the legal environment. Topics include: General Update on the 401(k) Fee Litigation Landscape: A deep dive into recent motion practice trends and how they are shaping the future of litigation. Increasing Dismissals, Summary Judgments, and Trials: Analysis of the uptick in favorable dismissals and summary judgments, and the factors contributing to more cases going to trial. Prohibited Transaction and Forfeiture Case Trends: Key insights into the rising focus on prohibited transactions and forfeiture cases in 401(k) litigation. Emerging ERISA Class Action Theories: Get up to speed on trending ERISA class action claims involving welfare plan fees and pension risk transfers. https://lnkd.in/d83hbGSW
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