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 litigation funding business which provides funding to individuals who typically are victims of torts and require a modest amount of funding for personal expenses pending...Read More

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 a significant strain on the company’s financial resources? The solution may be to turn to Themis Legal Capital or a handful of similar companies that...Read More

Ultimately, I agree with your conclusion that the parties to a litigation funding agreement must contractually negotiate the scope of their respective duties. I believe, however, that for several reasons those duties should be contractual and tailored to the specific transaction rather than a blanket application of common law fiduciary duties. First, let me say...Read More

We are pleased to share Themis Legal Capital’s first periodic update on the state of the market for Claim Based Funding – the capital and risk management solution for companies engaged in large, meritorious, commercial disputes. The update highlights three recent developments that collectively demonstrate the growing awareness of claim based funding as a financial...Read More

It seems that, collectively, we have identified some challenges to the milestone concept for litigation funding – at least in the market as it currently operates. First, we seem to agree that the litigation funding market today is quite thin. Neither claimants nor funders therefore, cannot assume that other investors will be available to carry...Read More