Thu, Sep 3, 2026
A A A
Welcome Guest
Free Trial RSS pod
Get FREE trial access to our award winning publications
Alternative Market Briefing

Diligence gaps raise flags as litigation finance gets boost

Tuesday, March 31, 2020

Bailey McCann, Opalesque New York:

Litigation finance firms could be unexpected beneficiaries of the coronavirus crisis. Litigation funders are usually paid out when cases resolve. However, as cases stall out in courts that are either closed or wrestling with how to conduct virtual trials, litigation funders stand to make higher returns as a result of the delays. If a case gets caught up in court, litigation funders are often entitled to a bigger payout than they otherwise would be to account for the delay.

Performance gains in litigation finance are likely to draw even more investors to this booming niche. Litigation finance funds claim to offer private equity style returns that are uncorrelated to the broader market. That claim has drawn billions of dollars in investor capital in recent years. Like private equity, investors can come into cases at different stages. The riskier vehicles invest in cases early on. The surer bets are later in the trajectory of a lawsuit when attorneys are reasonably clear on the size and scope of potential settlements and can craft investment agreements accordingly. To be successful in litigation finance, investors and funders alike have to be skilled at due diligence and modeling potential returns. Some high profile cases are raising questions about how much due diligence is really happening within litigation finance firms.

Shell games

Cases involving two Florida lawyers, a handful of litigation funders and the SEC, are n......................

To view our full article Click here

Previous Opalesque Exclusives                                  
Previous Other Voices                                               
Access Alternative Market Briefing

 



  • Top Forwarded
  • Top Tracked
  • Top Searched
  1. Other Voices: Nvidia extraordinary growth and the challenge of sustaining demanding valuations over time[more]

    Antonio Di Giacomo, Senior Market Analyst at XS.com, writes: Nvidia has established itself as one of the most extraordinary growth companies in the global technology sector. Over the past two fiscal years, its revenues have risen from levels close to $60 billion annually to well above $120 billi

  2. Opalesque Exclusive: Private Markets Evergreen Funds - An Insider's View[more]

    Matthias Knab, Opalesque for New Managers: Private Markets Evergreen Funds: What Investors Need to Know Before They Dive In The democratization of private markets is well underway. Structural barriers t

  3. KRX chief courts CalPERS for bigger bet on Korea[more]

    Korea Exchange Chairman and CEO Jeong Eun-bo held talks with California Public Employees' Retirement System, or CalPERS, to promote greater investment in South Korea's capital markets, the bourse operator announced Wednesday. Jeong met with CalPERS Chief Investment Officer Stephen Gilmore.

  4. 755 Unicorns, $8 Trillion: Fifth Era maps the autonomous digital economy[more]

    Matthias Knab, Opalesque for New Managers: Fifth Era Partners, a specialized asset manager focused on the convergence of Internet, AI/Agentic and Blockchain technologies, has released the findings of its 13th Bia

  5. Opalesque Exclusive: Governance, Scale, and Boutique Resilience in a Consolidating Hedge Fund Industry[more]

    Matthias Knab, Opalesque for New Managers: The hedge fund industry has undergone significant consolidation in recent years, with capital increasingly concentrated among large multi-strategy platforms. Yet boutique m