LexShares Blog

Litigation Funding (11)

Written by Matthew Oxman, LexShares VP of Business Development | November 29, 2018 at 11:14 AM | 0 Comments

Choosing a Litigation Funding Partner

As the number of companies offering litigation finance continues to proliferate, the importance of choosing the right funder has never been greater. Users of litigation finance are faced with a wide array of funders of various sizes, each of whom has different specialties, structure and funding capabilities. Unlike other types of financing, in which pricing and terms are virtually the only consideration, litigation finance requires a more nuanced and comprehensive approach. Lawsuits frequently last many years, and it is imperative that all parties -- funder, attorney and plaintiff -- have a strong, respectful working relationship over this time. 


Topics: Litigation Funding, Litigation Finance

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.


Topics: Legal System, Litigation Funding, Litigation Finance

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).


Topics: Investing, Litigation Finance, Litigation Funding, Conference

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.


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


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

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. 


Topics: Litigation Finance, Litigation Funding, Financing Lawsuits

Written by LexShares Team | February 28, 2017 at 10:22 AM | 0 Comments

How to Fund a Business Tort Lawsuit

As many daily headlines in the business sections of newspapers across the country will attest, business is not for the faint of heart.  Meticulously planned deals can fall through at the eleventh hour; partners may prioritize their own short-term gains over the long-term well being of the company; competitors could engage in smear campaigns meant to expand their base at any cost, even at the expense of good will others took decades to build.  When your business suffers unfairly from the misdeeds of third parties, sometimes the only recourse is to resolve the dispute in court. 


Topics: Litigation Finance, Litigation Funding, Financing Lawsuits, business tort

Written by LexShares Team | January 30, 2017 at 4:40 PM | 0 Comments

4 Things Every Plaintiff Should Know About LexShares Litigation Finance

1.   Litigation finance from LexShares can help with your business or living expenses as well as cover out-of-pocket costs of litigation.


Topics: Litigation Finance, Litigation Funding

Written by LexShares Team | July 13, 2016 at 11:50 AM | 0 Comments

Diversification, Uncorrelated Assets, and Litigation Funding

Financial advisors have always stressed the importance of mitigating risk by diversifying portfolios through investment in a wide range of uncorrelated assets. Nowhere is this point illustrated more saliently than in times of great market volatility, such as the 2007-2008 financial market crisis and the recent short-term volatility following the United Kingdom’s Brexit vote, where value slowly accumulated over the course of many years can evaporate in a span of minutes. Such instability heralds a heightened opportunity for both risk and reward; whether the latter is worth the former, however, largely depends on an investor's temperament and financial goals.  Those who can ill afford a rapid depreciation in the value of their portfolios may be wise to heed the call for diversification.


Topics: Litigation Funding, Investing, Diversification

Written by LexShares Team | June 29, 2016 at 5:00 PM | 0 Comments

Resources Matter When Bringing Investment Fraud Lawsuits

By far, the most valuable commodity in an investor’s portfolio is trust.  All successful investors trade in it.  Trust in company financial reporting, executive statements, brokerage advice, and other public sources of information underlies every purchase, sale, and exchange.  Any party with first-hand, confidential knowledge of a company’s workings is barred from trading in its stock or securities due to the unfair competitive advantage such insider knowledge provides; instead, they, like all investors, must rely on the even playing field of public information provided by others.  As a result, executives and those in positions of authority can do a great deal of damage when they breach that trust by engaging in unscrupulous practices such as giving investors misleading or outright false information, exploiting inside trading, or even embezzling funds.


Topics: Financing Lawsuits, Litigation Funding, Investment Fraud

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