Commercial Litigation Finance Short Course

1 credits · Law School

This short course explores the emerging field of Commercial Litigation Finance, where investors provide funds for plaintiffs’ legal fees and earn returns from the plaintiffs’ recovery if their claims succeed. As its name suggests, this field couples expertise in litigation (e.g., predicting case outcomes) with expertise in finance (e.g., structuring transactions for targeted investor returns). Arguably, we have reached the point where every civil litigator in the U.S. should have at least a basic understanding of litigation finance, because either her firm, her client, or her adversary may use it on any given case. The use of litigation finance has more than doubled since 2017. There is now more than $13.5 billion invested in U.S. commercial litigation, and litigation funders are reporting remarkable returns on investment. This course will cover fundamental concepts of the field—across legal, economic, and ethical dimensions. It will explore these concepts from the perspectives of lawyers, clients, courts, and investors, predominantly through real-world case studies. Ultimately, students will apply their new knowledge by working as teams to assess a lawsuit and construct a realistic litigation finance transaction. Pass/Fail. [1]