Litigation funding has been around for two decades, but most attorneys are still unfamiliar with this innovative way to pay for trial. Here are the top five podcasts to get you up to speed about litigation funding from industry experts.
Litigation funding (also known as litigation financing, third party litigation funding, and consumer legal funding) is a concept that has been around for twenty years, but many attorneys have never heard of it. If they have heard of it, it’s often in the context of the Hulk Hogan and Gawker litigation, which left many criticizing how litigation funding abuses the court system and whether it should be allowed. But is the criticism fair? Most litigation funders would say no.
So what is litigation funding? In its simplest sense, litigation funding is where a third party provides financial resources for a litigant to pursue a case. If a case is unsuccessful, then the litigation funder may also cover court costs. We’ve written a
Building NewLaw | February 5, 2018 | 38 minutes
In this podcast, Peter Aprile and Natalie Worsfold interview Tania
Trial Technology & Litigation Support Podcast | September 14, 2017 | 63 minutes
This podcast discusses how litigation financing helps plaintiffs fund their day in court against
Unprecedented | September 6, 2017 | 29 minutes
If you are curious about the strength of the litigation funding industry, then this podcast is for you. Ben Hancock interviews Travis Lenkner, a managing director at Burford Capital, about the effect of litigation funding money pouring into the legal system and why the industry is growing. Lenkner suggests that litigation finance is an industry that is not going away as litigation risks and expenses increase and attorneys learn more about the funding industry. Hear why Lenkner believes litigation funding offers a practical approach to financing complex cases, creating more efficiency for clients and the court system without encouraging an increase of meritless cases. The first half of this podcast discusses the effects of litigation funding on the market and its future. The second half of this podcast discusses the technology used by Burford to evaluate the strength of a case (spoiler- it doesn’t use AI or algorithms), emerging international markets for litigation funding (such as Singapore and Hong Kong), and what will happen when litigation funding becomes commonplace.
Legal Marketing Podcast | August 1, 2017 | 24 minutes
If you are already familiar with and use litigation funding (or plan on using it), listen to this interview with Gretchen Lyn Koehler, the Chief Marketing Officer at Bentham IMF. Koehler discusses how legal marketers can use litigation funding to distinguish their firms’ business development efforts beginning at 12:00 (begin listening at 10:30 for a brief background on litigation funding fundamentals) and the marketing tools her company uses, such as social media, to amplify business endeavors and successes.
Debtwire | June 20, 2017 | 76 minutes
This is the most thorough podcast on litigation funding on our list, even though the underlying basis of the interview is litigation funding for bankruptcy cases. Debtwire’s legal analyst Richard Goldman interviews Bentham Capital’s David Kerstein and Morgan Lewis & Bockius’ Ed Smith and James Moore regarding litigation funding. The panel discusses the market factors that led to and support litigation funding development, the role it plays in restructurings, the process by which funders determine which cases to fund, the parties involved in making funding decisions, the potential Chapter 11 and contractual obstacles that litigation financiers might face, issues to consider when representing clients pursuing litigation funding (such as nondisclosure agreements, protecting attorney client privilege, sharing attorney work product, and perfection of security interests, etc.), a few case studies in which litigation funding has been used successfully (and not so successfully), and the future of litigation funding for plaintiff and defense cases. Even with the bankruptcy slant, you are sure to get a thorough understanding of litigation funding basics and its nuances if you listen to this podcast.
Have do you feel about litigation funding? After listening to these podcasts would you use litigation funding to help finance a client’s case, or are you still skeptical? Let us know!
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Attorneypreneur, writer, technologist. Nerdy for legaltech, politics, crypto, cybersecurity, innovation. Presently in-house at Williams & Brown. Former adviser at Baylor Law, and founder of two technology and legal consulting companies. @JoshuaWeaverEsq