Commercial litigation funding is a form of providing financial support to plaintiffs to cover the high costs of civil litigation. In the United States, without specific contractual or statutory provisions, the prevailing party usually cannot recover attorney's fees, making litigation a drain on their income and working capital. This financial burden is particularly severe for emerging companies or those whose legal injury has already depleted their resources, leading many meritorious claims to go unpursued.

This gap has led third-party investors to view some commercial lawsuits as a new financial asset class, and to offer non-recourse funding to litigants in exchange for sharing in returns if the lawsuits succeed. Third-party funding has become big business, with billions of dollars allocated yearly, and has impacted the business model of law firms, which in turn means that it may affect the types of claims being brought and pursued in court. Despite criticism and calls for regulation, proponents argue that litigation funding enhances access to justice and ensures that meritorious cases receive funding. Please join our expert panelists below to explore the evolution, challenges, and opportunities within this dynamic industry. Our panelists will also discuss their career paths within commercial litigation funding.

Moderator:
Victoria A. Cundiff, Steering Committee, Sedona Conference Working Group 12 on Trade Secrets Law, YLS Visiting Lecturer in Law, and Fellow, YLS Center for the Study of Corporate Law

Panelists:
Erika Levin, Partner, Fox Rothschild 
Jason Bertoldi, Global Team Leader, Litigation & Contingent Risk Insurance, Alliant Insurance Services
Maria Glover, Carmack Waterhouse Professor of Law, Georgetown University Law Center
William C. Marra, Director, Certum Group