Litigation Funding as a Risk Sharing Tool

Constantine is a partner in Reed Smith's Financial Industry Group. Constantine counsels companies and funds in a wide range of matters including distressed credit and special situations transactions, private equity, restructurings, and corporate governance. Constantine has worked with entities across the corporate growth cycle from early stage private companies to established publicly traded entities. He also has considerable cross-border experience and acts for foreign companies operating in the United States.

He manages the firm's relationship with various investment funds and has developed a strong reputation advising them on the implementation of their strategies. Constantine also has a significant commercial finance practice representing lenders, funds, and other financial institutions in corporate finance matters, including in respect of workouts and reorganizations. In this regard, Constantine spent the early part of his career as an active commercial and bankruptcy practitioner, appearing in courts throughout the United States. Constantine's corporate, funds and finance experience has covered numerous industries including shipping and transportation, defense, energy, media and entertainment, retail, food and beverage, heavy manufacturing, life sciences and commercial real estate.

Melissa Hoffmann is a global managing editor for ALM and senior editor on the Litigation Desk for the ALM Media Global Newsroom. She was previously deputy managing editor of the New York Law Journal and joined ALM from Adweek, where she was senior editor for digital. Melissa leads a team of national reporters covering litigation developments across multiple practice areas, delivering news and analysis to subscribers of 19 ALM brands as well as law.com.

James Batson is an Investment Manager and Legal Counsel with Bentham IMF’s New York office. Jim helps companies and individuals obtain non-recourse financing for commercial lawsuits. He manages the investment process on potential cases from initial review through final resolution.

Before joining Bentham, Jim spent two years in the litigation funding industry and twenty years with a prestigious plaintiff’s law firm. As a senior partner, Jim oversaw cases brought on a contingent-fee basis. An accomplished litigator, Jim tried cases in federal and state court and before the American Arbitration Association, JAMS, FINRA and the Chicago Board of Trade. He also handled regulatory proceedings before the SEC, the NYSE and FINRA. Jim frequently speaks about litigation finance at conferences, law firm seminars and other events.

Jim received a B.A. in Economics and English from Cornell University, a J.D. from Fordham University School of Law, and an M.B.A. from Fordham University School of Business.

David J. Kerstein is a litigator with fifteen years of experience handling complex commercial disputes before becoming an Investment Manager and Legal Counsel for Bentham IMF. Dave acts as a resource for companies and individuals seeking to mitigate risk or achieve their business objectives with non-recourse funding of commercial lawsuits. He also helps law firms use portfolios of litigation as collateral for financing.

Dave manages investments from the initial sourcing and review of the opportunity through diligence, funding and resolution. He serves a strategic advisory role in the cases funded under his direction, providing consultation as needed, without controlling the course of the litigation. His guidance is drawn from experience representing clients in cases involving breach of contract, fraud and securities fraud, corporate control contests, trade secrets, employment disputes and other matters. Dave is a valuable resource for lawyers representing parties on either side of a case. He litigated on behalf of both plaintiffs, for whom he has recovered substantial sums or injunctive relief, and defendants, for whom he has achieved trial court victories or favorable outcomes. He also possesses extensive experience across jurisdictions, having tried cases in state and federal courts and before arbitration panels in a variety of matters across the United States and internationally.

Dave earned his Juris Doctor from the University of Pennsylvania Law School in 1999 where he graduated as a Toll Scholar, and his B.A. from the School of Arts and Sciences at the University of Pennsylvania, where he was a Benjamin Franklin Scholar and received a degree in diplomatic history.