The Innovation of Litigation.

5 Podcasts on Litigation Funding You Don’t Want to Miss

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 three part series on litigation funding here , but if you’d rather listen about litigation funding on your commute, in the office, or at home, below are five excellent podcasts that discuss what litigation funding is, its benefits, its availability, and how it can help you grow your litigation practice.

1. S03E01: Litigation funding & the expanded opportunities for lawyers & clients, alike

Building NewLaw | February 5, 2018 | 38 minutes

In this podcast, Peter Aprile and Natalie Worsfold interview Tania Sulan and Naomi Loewith from Bentham IMF, a company that investigates and funds cases. Sulan and Loewith discuss the benefits of litigation funding, screening cases, who is using litigation funding (spoiler alert: it’s not just for insolvent litigants), and how litigation funding is being used as a cost and risk management tool. Although the interview focuses on litigation funding in Canada, the same underlying principles can be applied to U.S. litigation. After listening to this podcast, you’ll want to inform your client about this funding option.

2. Litigation Funding

Trial Technology & Litigation Support Podcast | September 14, 2017 | 63 minutes

This podcast discusses how litigation financing helps plaintiffs fund their day in court against deep pocket defendants such as insurance, medical, and pharmaceutical companies. The host, Robb Helt, interviews Roni Elias, a former litigator and now an asset manager at TownCenter Partners, LLC. Helt asks in depth and important questions, such as who can seek litigation funding (attorneys or their clients), whether litigation funding puts pressure on plaintiffs’ attorneys to settle cases to repay funders (it shouldn’t), what the funds can be used for (legal and client personal expenses), what are the ethical guidelines for this kind of funding (like who is directing the litigation strategy), how the litigation financers select cases for funding (it can be a rigorous process), what are the costs involved (some companies have a repayment schedule), and what are the consequences for losing a case after funding (spoiler- it’s non-recourse). To skip introductory material and get straight to the interview, start listening at 9:55.

3. A Half-Billion Dollar Bet: Burford Director Dishes on Lit Funding Industry’s Future

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.

4. Marketing for Litigators with Litigation Funding CMO Gretchen Koehler

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.

5. Betham Capital and Morgan Lewis provide insight on distressed litigation financing

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!

About Trial by Tech

Trial by Tech is a blog brought to you by Baylor Law’s Executive LL.M. in Litigation Management—the first program in the nation designed exclusively for lawyers who aspire to direct effective litigation strategy, control electronic discovery, leverage technology, manage a team, and lead their company’s or firm’s efforts to manage a high-volume, high-stakes docket.

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