Emily Hostage is a Vice President at Burford Capital specializing in patents and intellectual property. She joined the team this past winter after serving as Vice President of Strategic Analytics and Policy at RPX Corporation, a leading global provider of patent risk management services.
U.S. lawyers new to litigation finance routinely ask: “What impact does working with a provider of litigation finance have on control of litigation and settlement decisions?” The answer is: None.
The cost and risk of pursuing high-stakes commercial litigation and arbitration can weigh heavily on legal department budgets, company earnings and even share prices. In cost-shifting jurisdictions, there’s another inherent risk: Being liable for your opponent’s costs if you lose.
After joining Burford’s asset recovery team, Vice President Andrew Bodnar discusses his new role and the challenges facing modern claimants.
Clients can use portfolio financing to secure capital to pay for all or partial fees and expenses across a pool of cases, including defense matters.
Legal claims are fund assets and asset managers should treat them as such, maximizing their value for the benefit of fund shareholders. In partnership with Burford, a fund manager can do so in a manner that balances achieving the best possible return to shareholders with minimizing litigation risk and fund expenses.
Law firms seeking innovative solutions to the problems of the cash partnership structure should look to legal finance as a way to maximize short-term profits without neglecting long-term business outcomes.
The Eskosol v. Italy tribunal raises a question as to whether a right to security for costs even exists as a procedural right capable of preservation under the ICSID Convention and Arbitration Rules.
External finance can encourage universities to pursue viable litigation, support the technology pipeline and ensure that universities are able to focus on their primary pursuits—education and innovation—without worrying about their balance sheets.
The US Chamber of Commerce Institute of Legal Reform has promoted false narratives about the need to mandate broad litigation finance disclosure. But in the US, the vast majority of courts and legislatures have taken a common sense approach: They do not mandate disclosure of litigation finance in commercial matters, and have declined to add unnecessary rules or regulation.