Mikołaj (Miko) Burzec’s Post

Litigation Finance in 2023: A Year of Growth and Strategic Shifts As we reflect on the developments of 2023 in the legal industry, one area that stands out is the robust growth and evolution of litigation finance. This year marked a significant phase in the industry’s maturity, setting a strong precedent for 2024. 📈 Steady Growth Amidst Increased Demand The demand for financing in key practice areas has been a driving force behind the industry's growth. Despite ongoing discussions about the need for greater transparency, litigation finance has not only weathered these calls but also continued its upward trajectory. This optimism is not just speculative; it's backed by data. Results from Bloomberg Law’s 2023 Litigation Finance and State of Practice surveys, involving over 450 attorneys and 20 funders, highlight a collective agreement on the industry's steady expansion. 🎯 Focused Investment Strategies in 2024 Looking ahead to 2024, we're seeing a strategic shift in investment approaches. While certain practice areas will remain predominant in attracting investments, there's a noticeable trend towards diversification and exploring areas with long-term growth potential. A significant development is the move towards more targeted funding, particularly in cases with clearer success paths. 🔍 The Rise of Single-Case Funding A fascinating trend emerging is the preference for single-case funding over the traditional portfolio approach. This method, which involves funding individual cases either through law firms or directly to claimholders, is increasingly preferred for its potential to manage the inherent risks in funding lawsuits more effectively. According to Bloomberg Law's surveys, a substantial portion of funding is now being allocated to this model, signaling a strategic pivot in the industry. 🌟 What Lies Ahead As we venture into 2024, it’s clear that litigation finance is not just growing; it’s evolving with strategic foresight. This evolution presents new opportunities for both funders and lawyers to navigate the legal landscape more effectively. #LitigationFinance #LegalIndustry #InvestmentTrends #LegalTrends2024 #BloombergLaw #IndustryInsights

This is a great article from Bloomberg Law forecasting targeted growth in Litigation Finance in 2024. We are most excited that Bloomberg independently concluded that single-case funding (contrary to conventional wisdom) targeting specific practice group areas would see growth in 2024. At Lex Ferenda Litigation Funding LLC, we focus almost entirely on single-case funding of complex commercial claims, and our now deploying resources to the practice group areas and industry verticals we think will see increases in commercial litigation over the next cycle. Here’s a quick dive into what Bloomberg expects for the industry in the coming year: Focus on Specific Practice Areas: The industry is maturing and shifting towards targeted investment in key practice areas, with commercial litigation retaining its status as one of the largest recipients of third-party funding. Single-Case Funding on the Rise: As funders aim to focus their investments, interest in funding single cases will generally prevail over other funding options. International Litigation and ESG Focus: High-profile successes in international matters are driving interest in global litigation. Additionally, ESG issues are becoming prominent areas for funding, aligning with investors' interests in supporting positive social change. Optimism and Growth: According to Bloomberg Law's 2023 surveys, both litigation funders and the legal professionals utilizing their investments share a positive outlook on the industry's steady growth. Litigation finance is poised to continue its upward trajectory, presenting opportunities for professionals to benefit from what the industry has to offer. Please reach out to us at Lex Ferenda if you’d like to learn more about our focus points and where we are deploying people and capital. Looking forward to an exciting year ahead! #litigationfinance #litigation #litigators #growth Michael German Chris Baildon Andrew Kelley Andrew Bourhill https://lnkd.in/dMFz65d9

McEwan Partners is pleased to be listed by Lexpert® as a “Most Frequently Recommended” Vancouver Firm for Litigation ­– Corporate Commercial. Lexpert’s extensive peer review process is designed to identify leading practitioners nationwide.   McEwan Partners is also recognized in "2024 Commercial Litigation Lawyers Who’s Who: Vancouver" and the firm is ranked for matters related to Securities Law and Class Actions. To review the full McEwan Partners profile, please visit: https://lnkd.in/g3PZzppa Lexpert-Ranked Lawyers: Ken McEwan, K.C., Bob Cooper, K.C., and Emily Kirkpatrick were among Lexpert-ranked lawyers in the 2023 Lexpert Special Edition on "Canada’s Leading Litigation Lawyers" and continue to be recognized and recommended for the practice areas noted below in 2024: Ken McEwan, K.C:   Most Frequently Recommended • Litigation – Corporate Commercial Repeatedly Recommended • Litigation – Directors’ & Officers’ Liability • Litigation – Securities Lexpert® /American Lawyer Guide to the Leading 500 Lawyers in Canada • Vancouver Leading Practitioners – Most Frequently Recommended      o Litigation – Corporate Commercial   Bob Cooper, K.C:   Consistently Recommended • Litigation – Corporate Commercial   Repeatedly Recommended • Litigation – Securities   Emily Kirkpatrick Repeatedly Recommended • Litigation – Corporate Commercial

I have long believed that litigation funding in all of its forms should be outlawed. Here are ten reasons why. 1. **Costly Fees**: Litigation funding often involves high fees and interest rates, which can significantly eat into the final settlement or judgment amount, reducing the overall financial gain for the litigant. 2. **Loss of Control**: Accepting litigation funding means relinquishing some degree of control over the case, as funders may exert influence on settlement decisions or strategy to protect their investment. 3. **Conflicts of Interest**: Funders may prioritize their financial interests over the client's best interests, potentially leading to conflicts between the litigant and the funder regarding the direction of the case. 4. **Lengthened Legal Process**: External funding can extend the duration of legal proceedings, as funders may encourage prolonging the case to maximize their returns, which may not align with the client's objectives for a timely resolution. 5. **Confidentiality Concerns**: Litigation funding agreements often require disclosing sensitive case information to third-party funders, raising concerns about confidentiality breaches and the potential for information to be used against the litigant's interests. 6. **Adverse Effects on Settlement Negotiations**: Opposing parties may view the involvement of litigation funders as a sign of financial weakness, leading to more aggressive tactics and potentially hindering settlement negotiations. 7. **Limited Access**: Not all cases are eligible for litigation funding, and funders may only support cases with high settlement potential, leaving some litigants without access to funding for their legal battles. 8. **Regulatory Uncertainty**: The regulatory landscape surrounding litigation funding varies by jurisdiction, leading to potential legal and compliance risks for both litigants and funders. 9. **Impact on Attorney-Client Relationship**: Introducing a third-party funder into the attorney-client relationship can complicate communication and decision-making processes, potentially undermining trust and rapport between the parties involved. 10. **Potential for Abuse**: In some cases, litigation funding arrangements have been criticized for incentivizing frivolous lawsuits or encouraging speculative litigation, which can burden the judicial system and diminish the credibility of legitimate legal claims. #litigationfunding #litigation

🌟 How Private Equity and Litigation Finance Are Transforming Arizona’s Legal Landscape 🌟 Arizona is at the forefront of legal innovation, thanks to the introduction of Alternative Business Structures (ABS) in 2020. This groundbreaking move, allowing non-lawyers to own stakes in law firms, has opened the doors to private equity and litigation finance investments. 🏛️💼 Key Highlights: 🔹 Emergence of ABS: Since 2020, Arizona has approved 76 ABS applications, including significant investments from private equity and litigation finance. 🔹 Key Players: Firms like Pravati Capital, Virage Capital Management, and Melody Capital Management are leading the charge, investing in law firms and driving innovation. 🔹 Mass Torts Focus: Financial backing from litigation funders is propelling mass tort litigation, promising substantial returns. 🔹 Ethical Concerns: The dual role of marketing companies as both service providers and ABS owners raises potential conflicts of interest. 🔹 Nationwide Impact: While starting in Arizona, the ABS model is expanding, influencing legal markets across the U.S. 🔹 Economic Benefits: The ABS framework is fostering job creation, enhancing legal services, and modernizing the legal profession. Discover how Arizona's bold legal reforms are reshaping the industry and paving the way for a nationwide transformation. Dive into the full article to explore the economic benefits, ethical considerations, and future implications of this innovative approach. 📈⚖️ 🔗 Read the full article here: https://lnkd.in/gG6sXhW7 #LegalInnovation #PrivateEquity #LitigationFinance #AlternativeBusinessStructures #LegalMarketing #LawFirmGrowth #EthicalConsiderations #BlueSkyLegal

Meet our attorney Sarah Vida. “The litigation process can be unfamiliar and daunting, especially when a client’s business interests are at risk. My responsibility as their attorney is to help clients understand how our legal system works in the context of their specific matter. I take that responsibility very seriously.” Having served businesses as a litigator for more than a decade, Sarah Vida appreciates the hard work and dedication it takes to found and grow a business. Sarah strives to protect that investment by helping her clients resolve business disputes through logic and unmatched preparation. Not adversarial by nature, she instead lets preparation and intellect fight and win battles on behalf of her clients. Sarah complements her steadfast logic with kindness and candor. She takes the time to listen to her clients’ concerns and to explain what to expect from the litigation process. She then discusses potential outcomes up-front and presents her recommendations with a strong focus on quality, collaboration, and results. “I want to help resolve my clients’ concerns quickly and efficiently so they can get on with their lives and back to business.” #businesslaw #Texasattorney #businesslitigation

POLARIC PARTNERS Launches as a Litigation Funder in Germany Polaric Partners GmbH is opening its doors under the management of longstanding litigation funding specialist Markus Glaser. The company provides litigation financing in return for a success-based share of the litigation proceeds. Litigation funding has established itself in the market for legal disputes as part of risk management. Companies, consumer groups, lawyers and insolvency administrators in particular make use of this opportunity to mitigate their own cost risks and those of their clients. Court costs, lawyers’ fees and expensive expert opinions are a burden in any legal dispute, even at the planning stage. Litigation funders cover these costs from the outset, making it easier for their clients to plan upcoming disputes in a way that conserves liquidity. Clients only pay the funder if they are successful – from the proceeds they recover from the defendant. POLARIC PARTNERS GmbH presents itself with a network of funding and service experts and offers its clients tailor-made solutions for entrepreneurially sensible legal disputes. Its partner-focused approach sets it apart from many other offers on the market. Litigation is just as much a part of its repertoire as cases that clients prefer to keep out of court. In suitable cases, the company offers to take over claims in full so that the customer does not have to take legal action themselves. “The market for litigation funding has been dynamic for years and still has a lot of potential for development from the customer’s point of view,” Glaser is convinced: “Over 90% of all funding requests are unsuccessful. We want to support customers with their individual funding requirements in a more tailored way – as a strategic partner, in long-term business relationships, for our mutual benefit”. https://lnkd.in/e_z5kSAc #litigationfinance #litigationfunding #legalfinance #litfin

Business litigation can be daunting, even for the most experienced business owners. The stakes are high — potentially resulting in bankruptcy due to a hefty judgment or losing control of your business through receivership. What many business owners might not realize is that the risk of losing their New York business can arise long before a judge reaches a verdict. In New York, #receivership is governed by Sections 5106 and 6401 of the Civil Practice Law and Rules. These laws enable courts to take legal possession of business assets involved in litigation and authorize a receiver to manage or dispose of those assets. If the court believes your business or its assets are at risk of being destroyed or materially harmed, a receiver can be appointed to maintain them until a final judgment is reached. In some cases, the receivership can be extended if justified by the facts. Receivership is not limited to New York state courts; it is also applicable in federal courts. If a federal entity is involved in the lawsuit, they are likely to request a receivership. Federal agencies, such as the U.S. Securities and Exchange Commission, frequently pursue this option. When faced with #businesslitigation in New York, it is crucial to act promptly and seek legal counsel. A receivership can become a significant issue, and you need to be prepared for all aspects of the litigation. However, prevention is always better than cure. Engage your attorney to review your business operations and mitigate the risk of litigation before it arises. At Pitcoff Law Group, we understand the complexities and high stakes of business litigation. Our team is dedicated to protecting your business interests and guiding you through the legal process. Contact us today to schedule a consultation and ensure your business is safeguarded against potential litigation risks. We would be happy to assist you. #businessprotection #newyorklaw #litigation #legalsupport

Business litigation can be daunting, even for the most experienced business owners. The stakes are high — potentially resulting in bankruptcy due to a hefty judgment or losing control of your business through receivership. What many business owners might not realize is that the risk of losing their New York business can arise long before a judge reaches a verdict. Understanding #Receivership in New York Courts: In New York, receivership is governed by Sections 5106 and 6401 of the Civil Practice Law and Rules. These laws enable courts to take legal possession of business assets involved in litigation and authorize a receiver to manage or dispose of those assets. If the court believes your business or its assets are at risk of being destroyed or materially harmed, a receiver can be appointed to maintain them until a final judgment is reached. In some cases, the receivership can be extended if justified by the facts. Beyond State Courts: Receivership is not limited to New York state courts; it is also applicable in federal courts. If a federal entity is involved in the lawsuit, they are likely to request a receivership. Federal agencies, such as the U.S. Securities and Exchange Commission, frequently pursue this option. The Importance of Proactive Measures: When faced with business litigation in New York, it is crucial to act promptly and seek legal counsel. Receivership can become a significant issue, and you need to be prepared for all aspects of the litigation. However, prevention is always better than cure. Engage your attorney to review your business operations and mitigate the risk of litigation before it arises. At Pitcoff Law Group, we understand the complexities and high stakes of business litigation. Our team is dedicated to protecting your business interests and guiding you through the legal process. For further legal guidance or to schedule a consultation, contact us today by calling: (646) 386-0990, emailing: info@pitcofflawgroup.com, or visiting: pitcofflawgroup.com. We would be happy to assist you. #newyorkbusinessowners #businesslitigation #legalinsights