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Dispelling the Myths of Litigation Funding
Litigation finance, or the practice of providing capital using legal claims as the underlying asset, is a growing industry. Its use by law firms alone grew four-fold between 2013 and 2016, according to Burford's 2016 Litigation Finance Survey. However, the more a new industry grows, the more it is talked about — and, inevitably, misunderstood. So it goes for litigation finance in 2017. And while litigation finance can be a useful problem-solving tool in a variety of circumstances, to optimize its use, the legal and corporate industries should first collect the facts.
Here, I dispel three of the most common misconceptions about litigation finance.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.