• Publications

Managing legal risk in 2021

The latest issue of Burford’s quarterly review on quantifying legal risk looks at 2020 trends in commercial disputes and highlights what we think will matter in the year to come.

The key litigation and arbitration trends of 2020 were driven by companies and law firms pivoting to address the pandemic’s unprecedented challenges. With continuing economic fallout from Covid-19, commercial disputes will inevitably increase, and with businesses husbanding their capital, companies and their legal partners will need to seek innovative solutions.

The latest issue of the Quarterly highlights the trends that will shape legal decision-making in 2021, including:

CFOs will work with GCs to optimize litigation expenses and revenue

CFOs share perspective on how companies with affirmative litigation can avoid overlooking potentially valuable corporate assets and work with their legal teams to overcome challenges to pursuing affirmative litigation initiatives.

Law firms will be more agile—and even more focused on meeting client needs

Managing Partners from top law firms address how they anticipate the legal industry will change in 2021—including potential mergers and an increase in risk-based practices—and what that means for client relationships.

Monetization will be a valuable tool in arbitration

As costs of pursuing arbitration claims rise (and claimants face ongoing financial pressure), funding will continue to be a necessary tool for claimants in the year ahead.

Insolvency and bankruptcy proceedings are expected to spike

Three experts in contentious insolvency and restructuring address what to expect when government support following the Covid-19 crisis is withdrawn.

IP litigation may help companies offset recession impacts

As companies large and small pursue IP litigation in 2021 and beyond, they will increasingly prioritize global strategies.

Companies will leverage antitrust and competition claims to generate working capital

The next three years will be the busiest three years in international dispute resolution history... Litigation funding will be a massive factor. Partner, Magic Circle law firm

Sector-specific anticompetitive behavior shows no signs of abating. As companies continue grappling with the economic pressures of the pandemic, claimants will leverage finance solutions to pursue and sustain claims and generate cash for their organizations.

Asset managers should expect securities litigation to reach 2008 levels

Having a strategic litigation plan and access to the right tools will help asset managers maximize recoveries for their investors while minimizing burdens on in-house counsel and investment personnel.

The global enforcement landscape is becoming even more complex

The rise in insolvencies and corporate fraud coupled with increasingly creative evasion and delay tactics will result in greater demand for corporate intelligence and funded asset recovery services.