Judgment Preservation Insurance – Preserving damages awards
TheJudge• November 28th, 2021
Judgment Preservation Insurance – Preserving damages awards against an adverse appeal/annulment So much of the claimant litigation risk transfer market, both litigation finance and insurance, is focused on the risk of avoiding an adverse outcome with the resultant loss … Continued
Should Priority Agreements get more priority?
TheJudge• November 28th, 2021
Over time, due to the rapid growth in the availability of litigation finance, more and more cases involve a minimum of three stakeholders: a litigant, a funder and an after the event (ATE) insurer. A pre-condition of any litigation finance … Continued
Business Interruption Insurance Claims: Financing & Monetization
James Blick• May 11th, 2020
Streamlined Financing and Monetization of Business Interruption Insurance Claims As countless businesses continue to suffer the effects of global lockdowns, many have submitted business interruption and other claims to their insurers to attempt to recoup losses. Whether such claims are … Continued
Introducing Fee Shifting Insurance
TheJudge• May 13th, 2019
In 2017, TheJudge launched an insurance product specifically designed for parties involved in cases where the loser may be subject to an adverse award of attorneys’ fees. For example, because the arbitration clause or applicable statutory regime provides for fee … Continued
Advantages of a Well-Capitalized or Insured Plaintiff
Brett McDonald• March 15th, 2019
In recent years, litigation costs of large commercial legal disputes have been increasing quickly. Since 2008, billing rates at top law firms have increased 3-4% per year and the average rate for top partners now sits at $875/hr. Additionally, the … Continued
Arbitration Finance – October Update
TheJudge• October 19th, 2018
Funded Claimants in BIT claim against Venezuela ordered to pay Security for Costs – a sign of things to come in BITs going forward? In this article, Matthew Amey discusses recent cases focusing on the increasingly important issue of the … Continued
Takeaways from Litigation Finance Dealmakers Forum 2018
TheJudge• October 16th, 2018
The inaugural Litigation Finance Dealmakers Forum took place in New York on September 17th and 18th, 2018. The two-day event covered a broad range of topics and issues related to litigation finance and was well-attended by a mixture of litigation attorneys, … Continued
Developments in Corporate Litigation Finance
TheJudge• June 22nd, 2018
The origins of the litigation finance industry lie in the distressed litigation space. Now the industry has become mainstream, and litigation funders have been increasingly focused on advertising the benefits of using external capital to blue chips and multinationals. Major … Continued
How to Prepare Your Case for Financing
TheJudge• June 15th, 2018
Due to the growth in awareness of litigation finance, an increasing amount of claimants and attorneys now have access to capital to litigate valid claims and grow their firms. However, for many claimants and lawyers, the funding process is new … Continued