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The Canadian Bar Association

Luis Millán

Legal marketplace

How litigation funding works in the commercial context

By Luis Millán September 17, 2018 17 September 2018

How litigation funding works in the commercial context

 

Legal disputes can be expensive and risky. They can also hold a great deal of value, which is why a growing number of investors reckon they can insulate themselves against market swings by funding litigation in return for a generous share of the proceeds.

The industry is also growing in sophistication. A practice that started by catering to plaintiffs unable to finance expensive lawsuits against deep-pocketed companies is quickly evolving into an industry that will also bet on big-ticket commercial litigation: Contract disputes, patent and trademark litigation, insolvency litigation, international arbitration. All are growing areas for litigation funding. And institutional investors — from endowment and hedge funds to private equity funds — are taking notice by ramping up their efforts to pour billions of dollars to funds that invest in what they consider is a promising asset class. As Christopher Bogart, the chief executive at publicy-traded Burford Capital, recently told the Financial Times, litigation funding is “a regular part of legal economics.”

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Pension meltdown

By Luis Millán April 23, 2014 23 April 2014

Pension meltdown

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Regulating the flow of data

By Luis Millán September 30, 2013 30 September 2013

Regulating the flow of data

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Labour pains

By Luis Millán April 23, 2013 23 April 2013

Labour pains

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Class actions: Their day in court

By Luis Millán February 26, 2013 26 February 2013

Class actions: Their day in court

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