Entries tagged “privateequity”
“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…
The Most Significant Change to AML Rules Since the USA Patriot Act
insights Thomas Fawell · January 4, 2021
Overview. January 2, 2021. The newly enacted National Defense Authorization Act[1] (NDAA) imposes the most significant reformation of the Bank Secrecy Act (BSA) and related anti-money laundering (AML) laws since the adoption of the USA PATRIOT Act. The largest changes are in division F, the Anti-Money Laundering Act of 2020 (the “Act”). The general intent of…
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…