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Modern Litigation Finance Options: The Rules and Risks Explained


Level: Intermediate
Runtime: 61 minutes
Recorded Date: September 29, 2020
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Agenda

  • History of commercial litigation funding
  • The current market
  • Typical funding deals for claimants and lawyers and common terms
  • Ethics issues
  • Privilege and confidentiality issues
  • Due diligence and other information funders want
  • Other issues
Runtime: 1 hour
Recorded: September 29, 2020

Description

Learn about the modern landscape of the growing field of litigation financing, as well as how to stay out of professional ethic pitfalls. Based on the size of modern-day litigations, law firms often cannot float contingencies for larger cases. However, funding these cases is not as simple as just finding an investor. Lawyers must understand professional responsibilities such as confidentiality, communication, candor towards tribunals, conflicts of interest and a keen consideration of structuring fee agreements. In addition, learn how some states have addressed this new opportunity and how to steer clear of prior state laws addressing third-party litigation funding.

This program was recorded on September 29th, 2020.

Provided By

American Bar Association

Panelists

Alyx Pattison

Vice President
Burford Capital

Alyx Pattison is a Vice President with responsibility for originating new business with law firms and companies in the US. Ms. Pattison has an extensive background in both law and politics, including more than a decade as a litigator at AmLaw 100 law firms.

Prior to joining Burford, Ms. Pattison was the founder and President of a political consulting business with a focus on providing legal and compliance advice to congressional campaigns. Ms. Pattison was a partner in the litigation departments of Akerman and Katten, where she focused on defense of publicly traded companies in securities class actions, M&A litigation and shareholder derivative suits. Ms. Pattison has been actively involved with efforts to address women’s leadership and diversity.

Ms. Pattison graduated from Northwestern University School of Law and has an undergraduate degree from the University of Utah.

Michael Barrett

Risk Control Director
CNA

Michael Barrett is the Risk Control Director for CNA’s Lawyers Professional Liability Program. In this role, he manages a team of highly qualified attorneys who are responsible for the design, content and distribution of risk control content relevant to the practice of law. He also collaborates with executive leadership from CNA’s underwriting and clams teams to develop and execute strategies for profitable growth of the program. He is a frequent lecturer at both CNA sponsored programs and at national seminars hosted by industry-leading organizations. He also frequently publishes articles focused on legal professional liability risks as well as other commercial liability related to the operation of law practices.

Mr. Barrett graduated from Allegheny College with a B.S. in biochemistry and received his JD from Chicago Kent College of Law, where he also earned the Intellectual Property Law Certificate. Prior to joining CNA, he was a successful defense litigator specializing in the defense of commercial and professional liability lawsuits, and first-chaired twenty-three jury trials to verdict. Mr. Barrett is a member of the American Intellectual Property Law Association (AIPLA), PLUS, and the Defense Research Institute (DRI). He is also a Registered Professional Liability Underwriter (RPLU). In addition he is a Registered Patent Attorney with the United States Patent and Trademark Office. He is admitted to practice in Illinois and Pennsylvania.

Lucian T. Pera

Partner
Adams & Reese, LLP

Lucian T. Pera focuses his practice on commercial litigation, media law, and legal ethics work. His civil litigation practice has ranged widely and includes a variety of commercial, personal injury and intellectual property litigation, as well as numerous state and federal appeals. Lucian has represented many media outlets in matters ranging from claims for defamation or invasion of privacy to access to courtrooms, public records and meetings of government bodies.

His extensive bar association work in the field of legal ethics and professional responsibility has resulted in him being elected, both locally in Tennessee and nationally, to bar association leadership positions. This work also makes him a go-to lawyer nationally in the field of legal ethics and professional responsibility. He advises attorneys, law firms, their clients, and businesses who deal with lawyers about all aspects of the law. Recent assignments have included defense of lawyers in disciplinary investigations and proceedings, counseling clients with disciplinary complaints and other claims against lawyers, advising law firms about loss prevention and claims, defending and prosecuting motions to disqualify lawyers or for sanctions, and advising innovative start-ups in the legal business.

Lucian regularly provides expert witness testimony in matters concerning legal ethics, professional responsibility and the standard of care for lawyers and law firms.

Amid rapid changes in the business of law, Lucian also counsels law firms and other entities developing new business models for the delivery of legal services. He also advises individuals and organizations seeking to do business with lawyers about how they may do so legally and ethically.

Lucian also writes and speaks frequently, both nationally and in Tennessee, on legal ethics and professional responsibility and media law. In addition, he routinely conducts presentations and seminars for national audiences.


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