LexShares Blog

Written by Matthew Oxman, LexShares VP of Business Development | September 13, 2018 at 1:54 PM | 0 Comments

Exploring Disclosure of Litigation Funding Agreements

The rapid growth of the litigation finance industry in recent years has been remarkable. Over $15 billion in capital has been committed to litigation finance investments worldwide, and in the past five years the number of law firms using it has increased fourfold. As in any other young industry, this level of growth brings with it ever-increasing calls for regulation. One particular area of focus has been the issue of whether litigation financing agreements must be disclosed by the plaintiff to the opposing party in a lawsuit. In recent months, there have been some notable developments on this front, both in the legislative and judicial branches. Despite some outliers, courts and lawmakers have generally taken a cautious approach against mandating disclosure to defendants, which is a positive trend for the industry.

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Topics: Litigation Funding, Litigation Finance, Legal System

Written by LexShares Team | June 21, 2018 at 2:50 PM | 0 Comments

Dispelling Myths and Misconceptions Surrounding Litigation Finance

The following is a transcript of a live panel recorded at the IMN Conference: "Financing, Structuring and Investing in Litigation Finance" in New York City. It was moderated by Marcus Green (Director of Special Investments, Kobre & Kim), and the panel included Jay Greenberg (CEO, LexShares), Bill Evans (CEO, Alexa Capital), Owen Cyrulnik (Managing Principal, Curiam Capital) and Josh Meltzer (Managing Director, Woodsford Litigation Funding).

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Topics: Litigation Funding, Litigation Finance, Investing, Conference

Written by Max Volsky | May 31, 2018 at 1:01 PM | 0 Comments

How Do Litigation Funders Evaluate New Cases?

Few things contribute more directly to the success of litigation funders and their investors than the steps taken to evaluate the cases they ultimately choose to finance. In assessing new investment opportunities, litigation funding companies investigate a wide range of key indicators, including analysis from trusted industry and legal experts. Some funders utilize sophisticated risk analysis tools to comprehensively evaluate the strength and viability of prospective case investments.

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Topics: Financing Lawsuits, Litigation Finance

Written by LexShares Team | April 27, 2018 at 10:19 AM | 0 Comments

Legalweek 2018: A Conversation About Legal Finance

The following is a transcript of a live panel recorded at the Legalweek 2018 Conference in New York. It was moderated by Jim McCarroll (Partner, Reed Smith), and the panel included Jay Greenberg (CEO, LexShares), Christy Searl (Director, Burford Capital), Gary Miller (Partner, Shook Hardy), and Paul Seeman (Chief Business Officer, UI Labs).

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Topics: Litigation Finance, Investing, Conference

Written by Max Volsky | March 29, 2018 at 2:42 PM | 0 Comments

How Litigation Finance Can Benefit Law Firms with Arrears

Wistfully gone are the days when attorneys could set up a successful law practice with nothing more than office space, a desk and chairs, an assortment of legal pads and pens, and a peg on which to hang their shingle.  From staffing, marketing, and insurance, to an ever-growing assortment of technology and services used by attorneys in the internet-connected world, law firm operating expenses have broadened, making legal practice today a far more complicated – and expensive – endeavor than it was even a generation before.  These complexities scale upward with a firm’s size, such that medium to large law firms inevitably require a certain degree of monetary momentum to endure.  The financial upkeep of a successful 21st-century law firm can be prodigious and is only poised to grow.

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Topics: Financing Lawsuits, Litigation Finance

Written by Jay Greenberg and Max Volsky | January 4, 2018 at 3:32 PM | 0 Comments

Litigation Finance Trends To Watch In 2018

This article by LexShares’ co-founders Jay Greenberg and Max Volsky was first published on Law360 and is available here.

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Written by LexShares Team | October 10, 2017 at 10:20 AM | 0 Comments

Looking Beyond the Almighty Billable Hour: Alternative Fee Arrangements

As mindful of precedent as attorneys and the legal profession must be, change does not often come easily. For many, billing clients by the hour has become as much a staple of the practice of law as depositions and tassel loafers, such that generations of attorneys have been conditioned to measure productivity—both their own and a firm's as a whole—in the six-minute metrics of billable hours. As time marches on, however, so do clients' expectations, especially when it comes to industries that offer services rather than tangible products.

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Topics: Financing Lawsuits, Litigation Funding, Legal System, AFA, Alternative Fee Arrangements, Billable Hours

Written by Matthew Oxman, LexShares VP of Business Development | July 19, 2017 at 8:27 AM | 0 Comments

Litigation Finance: The Advantages of a Well-Capitalized Plaintiff

By Matthew Oxman, LexShares VP of Business Developement. Matthew can be reached at matthew.oxman@lexshares.com.

In recent years, litigation costs have been spiraling upward at a blistering rate.  Since the 2008 financial crisis, billing rates at top law firms have increased 3-4% per year, greatly outpacing the rate of inflation in the broader U.S. economy.  In 2015, law firm revenue increased 4%, despite a demand increase of just 0.5%.  The average rate for top partners now sits at $875/hr, over 25% higher than it was just 5 years ago.[1]

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Topics: Financing Lawsuits, Litigation Funding, Litigation Finance, Legal System

Written by LexShares Team | May 22, 2017 at 9:54 AM | 0 Comments

Eyeing the Beholder: Accounting for the Pivotal Role Judges Play in a Lawsuit

If the courtroom drama of a lawsuit could be reduced to the ever-shifting balance between Lady Justice's scales, the judge would be the fulcrum.  A judge maintains order over the proceeding and ensures that parties, witnesses, and counsel alike all follow proper procedures, safeguarding every party’s right to a fair trial.   At every trial, the judge decides each issue of law that arises.  Each time an attorney objects to a question, testimony, or piece of evidence, that attorney is asking the judge to determine, as a matter of law, whether the subject of the objection oversteps the bounds of admissibility under courtroom procedure and the rules of evidence.  In non-jury trials, a judge also serves as fact finder, determining whether the evidence presented suffices to establish the events and actions a party seeks to prove.  In trials where jurors decide the facts of the case, a judge instructs the jury on the laws that will guide its deliberations, and refines the scope of the facts under the jurors’ consideration.  In this way, just as a fulcrum keeps the scales aligned and supports equally the weight on each side, a judge personifies the level foundation upon which our legal system rests.

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Topics: Litigation Finance, Legal System

Written by LexShares Team | April 4, 2017 at 11:48 AM | 0 Comments

Making the Rain Fall (and Keeping It): Using Litigation Finance to Bring Your Cases With You to Solo Practice

It's a classic axiom applicable to nature and the traditional law firm structure alike: you eat what you kill.  While this adage, in its legal context, usually alludes to the heavily results-based reward structure of mainstay law firms, it also serves as a reminder to high-achieving attorneys at firms whose institutional costs or inefficiencies serve to dilute the actual volume of "rain" that finds its way into a rainmaker's pocket.  If an attorney—or the revenue from an attorney’s own clients—pull more than a fair share of weight on a firm's ledger, an attorney and his or her clients alike might be better served by cutting unneeded overhead and going [at] it alone. 

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Topics: Financing Lawsuits, Litigation Funding, Litigation Finance

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