Houston, Litigation Finance Is Lifting Off

Again in September of final 12 months, I reiterated my exhortation “that any IP lawyer training in the present day must get educated rapidly on litigation finance” in a column highlighting the agenda of a then-upcoming litigation finance convention. The necessity for elevated training on litigation finance stays, for each in-house counsel and legislation companies, particularly in mild of this week’s RPX e-newsletter stating that RPX has recognized over 30 funded patent litigation campaigns in 2021 through publicly obtainable data. That quantity is a big reflection of the rising function litigation finance has in patent monetization efforts — and we are able to ensure that many extra funded circumstances exist the place the function of the funder has not but been publicly disclosed.

An efficient method for people keen on litigation finance to get a cutting-edge training within the space can be to attend a convention, however that may be a problem if journey is required to take action. Whereas the business has seen important conferences happen on each coasts previously few months, it’s good to see that an bold agenda has been set for a significant new litigation finance occasion, scheduled for early March in Houston. Put otherwise, it’s good to see that these keen on litigation finance might have entry to a convention nearer to residence, particularly with the continued journey challenges posed by the pandemic. However even coastal denizens would do effectively to think about attending this explicit convention, contemplating the standard and breadth of the content material on provide.

Styled LITFINCON, the occasion guarantees to assist discover the subjects of curiosity for litigation finance as 2022 will get underway. Because the glimmers of a post-pandemic world begin to take root in our skilled consciousness, there is no such thing as a doubt that 2022 might be a pivotal 12 months for the litigation finance business, each by way of persevering with to develop funding alternatives, in addition to by way of beginning to present present individuals outcomes from investments made thus far. Attendees at LITFINCON can safely anticipate frank dialogue on the successes and areas for enchancment of this burgeoning sector, together with a jam-packed agenda and various speaker roster. (Myself included, on the subject of why company authorized departments ought to think about litigation finance, which dovetails properly with the intensive work I’ve been doing on the patent monetization entrance — work that usually brings collectively company authorized departments and litigation funding companions.)

Along with the networking alternatives — together with entry to a sturdy and aggressive Texas-based investor ecosystem — attendees at LITFINCON may also profit from getting insights from some of the vital, but seldom-heard from, teams impacted by the rise of litigation finance in the USA — jurists. It’s becoming {that a} panel of energetic federal and state judges will assist kick off the convention, sharing their insights on what litigation finance means for them, each by way of conducting circumstances earlier than themselves and with respect to broader questions of entry to justice. That panel is adopted by a full afternoon of debate on how legislation companies and company authorized places of work can and must be accessing litigation funding, together with a better have a look at diligence greatest practices and a forward-looking dialogue on how litigation finance will proceed to develop as an asset class over the following few years. Briefly, LITFINCON’s Day One is filled with content material.

Day Two guarantees extra of the identical, with an emphasis on the monetary aspect of litigation finance. From a gap panel on why litigation finance continues to take pleasure in a repute as a beautiful, uncorrelated, asset class, to a dialogue of what affect the secondary and public markets may have on litigation finance, there must be so much to dig into. With litigation funders getting into the function of a minimum of quasi-clients for litigators and their companies,  it’s as vital as ever that those self same legal professionals acquire a deeper understanding of how litigation finance works as an asset class. Right here once more, the previous tenet in regards to the significance of understanding their consumer’s enterprise is simply as relevant for legal professionals working with litigation funders as it’s for these legal professionals working with their legacy shoppers. And a key a part of understanding the enterprise of litigation finance is getting a deal with on the investor-facing aspect of issues, not solely the litigator-facing aspect. Rounding out the day are an vital dialogue across the worth that litigation finance brokers can add to a deal, in addition to a have a look at the affect that crypto and different applied sciences can have on the litigation finance market. And for these keen on beginning their very own litigation funds, the closing panel on fund formation must be a must-listen.

Finally, LITFINCON will certainly be just a few days well-spent for attendees and presenters. The discussions round litigation funding are vital ones, regardless of whether or not you signify plaintiffs on the lookout for funding, do help work for funders on diligence, or signify defendants that could be focused in funded circumstances. For individuals who can attend, participation in LITFINCON must be a worthwhile funding of time and a focus. Registration stays open, and for those who do make it, please be sure to say hiya.

Please be at liberty to ship feedback or inquiries to me at gkroub@kskiplaw.com or through Twitter: @gkroub. Any matter ideas or ideas are most welcome.


Gaston Kroub lives in Brooklyn and is a founding companion of Kroub, Silbersher & Kolmykov PLLC, an mental property litigation boutique, and Markman Advisors LLC, a number one consultancy on patent points for the funding neighborhood. Gaston’s apply focuses on mental property litigation and associated counseling, with a powerful deal with patent issues. You possibly can attain him at gkroub@kskiplaw.com or observe him on Twitter: @gkroub.


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