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 provision requiring litigants to “provide to the other parties any agreement” under which third-party funders are entitled to share in any earnings from a civil...Read More

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 the loser risks paying the winner’s legal fees, third party funding offered the only avenue for the distressed company to pursue its claim to resolution....Read More

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 skepticism because of a general lack of awareness of how it would work and how it might affect the dynamics of the US judicial system....Read More

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 particularly relevant to cases that may not otherwise been pursued because of the sponsor’s liquidity objectives and aversion to impairing EBITDA at the portfolio company....Read More

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 finance as part of menu of alternative fee arrangements that the firm can offer. Doing so will demonstrate that the firm is a thought leader...Read More

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 that might not have been pursued because of the cost, risk and time lag to realization. Today we will turn our focus to how law...Read More

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 or she first must manage the company’s legal compliance and risk management programs to prevent the company from running afoul of legal or regulatory obligations....Read More

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 thinly capitalized balance sheets, a sensitivity toward avoiding expenses that will consume cash and/or diminish EBITDA, relatively short term horizons before their sponsors will expect...Read More

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 that awareness is the recent action of Senators Charles Grassley and John Cornyn to contact Burford Capital, IMF Bentham and Juridica Investments and request information...Read More

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 process to develop a clear understanding of the merits of the claim, the true measure of damages and other relevant matters in order to underwrite...Read More