Corporate Boards and Litigation Financing: Selecting Funder, Risk Assessment, Procedural and Ethical Considerations

A live 90-minute CLE video webinar with interactive Q&A

Tuesday, January 12, 2021

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, December 18, 2020

or call 1-800-926-7926

This CLE webinar will provide general counsel and in-house attorneys with advice on the legal intricacies of determining the use of litigation finance or selecting a third-party logistics funder. The panel will examine the advantages and disadvantages of the litigation finance process, logistical considerations, and ethical concerns. The panel will provide counsel with strategies to optimize the key feature of litigation financing--that recourse is typically limited to the proceeds of the litigation/arbitration award or settlement.


Litigation finance, depending on need and circumstances, can free up companies to allocate their capital resources to their highest and best use, investing in projects that optimize returns and promote economic growth. The capital provided by a litigation funder can pay the attorneys' fees and expenses associated with prosecuting or defending a legal action and business operations or to pay down or refinance debt.

Third-party litigation funding benefits plaintiffs, defendants, attorneys and law firms, and investors seeking to diversify their portfolios. However, counsel to corporate boards must be aware of the potential risks and the process before proceeding with this course.

While each litigation funding firm will have a slightly different process, there are common steps to protect the funding firm and the business receiving the funding. During the initial stage, the funder gathers general information about the claim to assess the fit within their portfolio of cases and then conducts further due diligence and assesses the probability of success on the merits.

Corporate boards must with reasonable diligence evaluate whether the use of litigation funding is in the best interests of the company and its shareholders. They also must be sure that an adequate process is in place to evaluate what information can be provided to a third-party funder and how the ethics of disclosing confidential information and attorney work-product in a litigation finance arrangement work.

Listen as our authoritative panel discusses the intricacies of litigation financing and how corporate boards should be advised when considering this option, as well as what ethical issues counsel must examine when pursuing litigation finance as a possibility.



  1. Advantages of use of litigation finance
  2. History of growth in the U.S.
  3. Specific benefits for stakeholders
    1. Businesses
    2. Investors
  4. Process
    1. Timing of litigation funding
    2. Initial discussions
    3. Due diligence
    4. Probability of success on the merits
    5. Settlement authority
    6. Monitoring
    7. Resolution
  5. Ethics
    1. Raising the prospect of litigation finance with clients
    2. Attorney-client privilege and work-product protection
    3. Control of litigation


The panel will review these and other relevant topics:

  • What is the history of the use of litigation finance?
  • What are the potential benefits to corporations for using litigation finance?
  • How does the process of litigating a claim differ under litigation finance rather than traditional sources of payment?
  • What are the ethical issues for the board and counsel related to the use of litigation finance?


Markel, Gregory
Gregory A. Markel

Seyfarth Shaw

Mr. Markel is a nationally known trial lawyer who concentrates his practice on corporate governance litigation, mergers...  |  Read More

Steven J. Nachtwey
Steven J. Nachtwey

Bartlit Beck


 |  Read More
Additional faculty
to be announced.

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