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Published articles, interviews and Bench Walk related news.

Funder mentalists: how much does a legal megabrain cost?
Adrian Chopin Allison Holland Adrian Chopin Allison Holland

Funder mentalists: how much does a legal megabrain cost?

In my prior blogs I examined “implied probability of loss” as a way of analysing the risk and price of transactions in the litigation funding market.

Let’s take for example (and with all the usual caveats about being reductive) a funder that determines that a case has, say, a 2/3 chance of winning and generating for both the claimant and the funder lots of money, and a 1/3 chance of losing with an attendant destruction of the funder’s entire investment. When pricing this case that funder must charge, on a win, $1.5 for every $1 invested just to break even. This is because the funder has a 1 in 3 chance of losing 100% and a 2/3 chance of winning 150%, which yields, on average, 100% (that is, a mere return of the funder’s investment).

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Funding Nemo: do funders fund too few cases?
Adrian Chopin Dotcom Market Adrian Chopin Dotcom Market

Funding Nemo: do funders fund too few cases?

Litigation funding has typically focused on claimant side investment. Defence funding feels less valuable because it does not so obviously unlock an asset. In addition, the cash benefit of having a funder pay defence legal costs will often be dwarfed by the potential cash payout by the defendant on a loss. And finally, a defendant worth suing is usually not cash constrained in the same way as many claimants who seek funding. But as the funding market has matured, some funders, defence lawyers and their clients have begun to express interest in defence funding.

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Funders keepers: is litigation funding too expensive? (Part 2)
Adrian Chopin Dotcom Market Adrian Chopin Dotcom Market

Funders keepers: is litigation funding too expensive? (Part 2)

Litigation funding has typically focused on claimant side investment. Defence funding feels less valuable because it does not so obviously unlock an asset. In addition, the cash benefit of having a funder pay defence legal costs will often be dwarfed by the potential cash payout by the defendant on a loss. And finally, a defendant worth suing is usually not cash constrained in the same way as many claimants who seek funding. But as the funding market has matured, some funders, defence lawyers and their clients have begun to express interest in defence funding.

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Funders keepers: is litigation funding too expensive? (Part 1)
Adrian Chopin Dotcom Market Adrian Chopin Dotcom Market

Funders keepers: is litigation funding too expensive? (Part 1)

Litigation funding has typically focused on claimant side investment. Defence funding feels less valuable because it does not so obviously unlock an asset. In addition, the cash benefit of having a funder pay defence legal costs will often be dwarfed by the potential cash payout by the defendant on a loss. And finally, a defendant worth suing is usually not cash constrained in the same way as many claimants who seek funding. But as the funding market has matured, some funders, defence lawyers and their clients have begun to express interest in defence funding.

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Litigation funding: no longer sitting on defence
Adrian Chopin Dotcom Market Adrian Chopin Dotcom Market

Litigation funding: no longer sitting on defence

Litigation funding has typically focused on claimant side investment. Defence funding feels less valuable because it does not so obviously unlock an asset. In addition, the cash benefit of having a funder pay defence legal costs will often be dwarfed by the potential cash payout by the defendant on a loss. And finally, a defendant worth suing is usually not cash constrained in the same way as many claimants who seek funding. But as the funding market has matured, some funders, defence lawyers and their clients have begun to express interest in defence funding.

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