Authored Articles of Interest

Mandatory Disclosure of Litigation Funding Arrangements – Good, Bad or Indifferent?

On April 3, 2018 the Wisconsin State Legislature passed an omnibus judicial reform law, Wisconsin Act 235. Among many tweaks to the judicial rules in Wisconsin, the law contained a...
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Litigation Finance as a Tool for Companies in Bankruptcy

Third party litigation finance was originally conceived in Australia to enable distressed companies to pursue valid claims. In that market where lawyers do not work on contingent fees and where...
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Litigation Finance 2.0 – Claim Based Funding

In late 2007 Juridica Investments Limited launched its initial public offering and commercial litigation finance got its kick-start in the US market. Initially the idea of commercial litigation finance faced...
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Using Claim Based Funding to Facilitate Corporate Transactions

We have previously written about how Claim Based Funding can make it more advantageous for portfolio companies of Venture Capital and Private Equity Funds to pursue meritorious litigation. This is...
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Litigation Funding as a Client Acquisition and Retention Tool

A strong case can be made that law firms, when pitching new business or discussing fee structures with their existing clients, should integrate a discussion of the availability of litigation...
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Monetizing and De-risking a Portfolio of Contingent Fee Cases Using Claim Based Funding

Themis has recently written about how Claim Based Funding can be used by private equity sponsors and by general counsel offices as a tool to unlock value from meritorious claims...
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Using Claim Based Funding to Reduce the “Cost” in the General Counsel’s Office Cost Center

The General Counsel of an American commercial enterprise has to be an exceptional multi-tasker to cost effectively manage a business unit that is typically perceived as an expense center. He...
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Unlock Value in Portfolio Companies with Claim Based Funding

There are 7500 companies in the United States that are “portfolio companies” of private equity funds and venture capital funds. Those portfolio companies share common characteristics which include leveraged or...
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Claim Based Funding – September 2015 Update

The Claim Based Funding business has continued to expand in the United States and, coincident with that expansion, public awareness of the business has continued to grow. An indicator of...
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Preserving Privilege in Claim Based Funding

Themis Legal Capital evaluates potential Claim Based Funding transactions using its proprietary Case Assessment Protocol. The protocol provides Themis, our potential counter-parties and their attorneys with an efficient and systematic...
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Regulatory Considerations in Claim Based Funding

This paper addresses regulatory and related considerations affecting or potentially affecting the commercial Claim Based Funding business in the US. We do not address any regulatory issues affecting the consumer...
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Claim Based Funding – The Financial and Risk Management Solution

What can a company do when it is the victim of a material commercial wrong and the cost of pursuing a legal solution to fairly remedy the harm will put...
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