Florida Bill that would increase the regulation of third party litigation funding potentially harming small businesses stalls
insights John J. Hanley · March 12, 2024
A bill in the Florida legislature that would increase regulation of third party litigation funding “(Litigation Funding”) has stalled.[1] Sixty seven lobbyists have weighed in on the bill according to the Florida House of Representatives Lobbyist Disclosure and Information website, including the U.S. Chamber of Commerce, the Florida Chamber of Commerce, Burford, the International Legal…
Lawyer Directed Litigation Funding Agreements And Professional Conduct Rule 5.4
insights John J. Hanley · July 20, 2023
**This insight was co-authored by Woodsford VP of Business Development Ryan Schultz ** This insight has been published in the Litigation Finance Journal Lawyer Directed Litigation Funding Agreements And Professional Conduct Rule 5.4 Third-party litigation funding (“TPLF”) involves financing of expenses incurred in a lawsuit (for example, expert fees and usually some portion of legal…
John Hanley and Douglas Schneller to Present Select Ethical Issues Present in Litigation Funding
events John J. Hanley · Douglas J. Schneller · December 10, 2021
Watch Rimon Partners John Hanley and Douglas Schneller in this webcast with Celesq as they discuss ethical issues which can arise in litigation funding. This webcast is presented by West LegalEdcenter. CLE credits are available. Event Description Recently published ethics opinions and commentary have produced a growing body of advisory materials for attorneys working with…
Select Ethical Issues Present in Litigation Funding
insights John J. Hanley · Douglas J. Schneller · October 13, 2021
Litigation financing is on the rise in the United States and provides some claimants a valuable means for paying the costs of pursuing a legal claim. Lawyer involvement in litigation financing transactions raises many ethical issues for a lawyer such as competence, duty of loyalty, the potential waiver of privilege and interference by a third…
Push for Disclosure Grows as Litigation Financing Becomes More Commonplace
insights John J. Hanley · September 8, 2021
The privacy once enjoyed by investors who finance other people’s lawsuits was rarely questioned before Hulk Hogan brought a media spotlight onto the niche industry by winning a $140 million jury verdict that forced the Gawker website into bankruptcy. When Terry Jean Bollea (the professional wrestler’s real name) filed an invasion-of-privacy lawsuit against Gawker Entertainment…
Litigation Finance on the Rise: Demystifying Trends, Opportunities, and Best Practices
events John J. Hanley · September 1, 2021
Broadcast Date: Monday, September 13, 2021 from 12:00-1:00pm (ET) CLE: 1.0 Credit Rimon’s Partner John Hanley will speak during the discussion of, “Litigation Finance on the Rise: Demystifying Trends, Opportunities, and Best Practices”. Overview Litigation finance continues to rise and become a substantial financing tool for everyone today. Because law firms and corporate clients greatly suffered…
Privilege Doctrines in Litigation Funding
insights John J. Hanley · Maxim “Mac” Waldbaum · August 13, 2021
Photo by Nico Becker Safeguarding Privileged Information in Litigation Funding As a general rule, attorney-client privilege and other protections against disclosure are waived whenever protected information is disclosed by a client to a third party. However, a growing number of cases have held that information shared with litigation funders is protected under either the (i)…
Sax v. Fast Track Investments – Legal Finance Regulation, Consumer Lending Interest Rate Regulation
insights John R. Mussman · John J. Hanley · Douglas J. Schneller · July 27, 2021
On July 19, 2021, the parties in Sax v. Fast Track Investments filed a motion with the Ninth Circuit Court of Appeals to dismiss the pending appeal and to withdraw questions the Ninth Circuit had submitted to the New York Court of Appeals. The legal finance contracts had stipulated that New York law apply and the Ninth Circuit felt…
“True Sales” in Litigation Funding Agreements
insights John J. Hanley · Douglas J. Schneller · February 4, 2021
An issue that keeps some litigation funders up at night concerns the possibility of a claimant filing for bankruptcy after receiving funding and before their underlying case is resolved. Proceeds from the case may become property of the bankruptcy estate and made available to the transferor’s creditors. A carefully drafted litigation funding agreement (“LFA”) can…
Litigation Finance Waterfalls
insights John J. Hanley · December 29, 2020
“Look with open eyes and you will see the beauty of the waterfall.” – Anthony T. Hincks A key term in pricing for litigation finance (sometimes called litigation funding) is the order of priority in which litigation proceeds are paid to parties with an interest in the matter including the litigation funder. This is known…