Litigation finance, the non-recourse funding of the cost of pursuing a legal claim by a third-party – win or lose – is a multi-billion-dollar global industry which has come of age over the past 20 years. It now provides a reliable financial tool and risk management option for the US construction industry from mediation through arbitration or jury trial – for single claims, claim portfolios, and for joint venture claims from $10-15,000,000 and up. The goal of litigation finance is to provide both liquidity and ‘budgeting certainty’ for a claimant’s finance and legal departments in order to pursue worthy claims.Learning Objectives:
- Discuss why litigation finance may be an option to pursue a claim during COVID-19 and beyond.
- Explain the core elements and math of litigation finance.
- Identify how the claimant should expect the funder to work on a fully confidential and ‘arm’s length’ basis with the claimant’s existing counsel and expert/consulting team.
James G. Zack, Jr.,
James Jack Consulting, LLC
Ernest C. Brown, P.E., Esq.,
Mediator, Arbitrator, and Special Master
Earnest Brown & Company
Laina Hammond Miller, Esq.,
Investment Manager & Counsel
Validity Finance, LLC – Houston
Douglas E. Johnston, Jr.
Founder & Manager – Five Management, LLC
Executive Director and Senior Counsel for ConsensusDocs
AGC of America