Third-Party Litigation Funding in Bankruptcy Cases: Recent Trends and Key Issues
Necessary Tool, TPLF as "Insider," Standing Issues, Applicable Non-Bankruptcy Law Restrictions, Fiduciary Duty Issues
This program has been cancelled
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will provide bankruptcy and non-bankruptcy counsel with an overview of the rise of commercial third-party litigation funding (TPLF) in bankruptcy cases and provide practical guidance on the key issues it presents.
- TPLF and funders in the bankruptcy context
- Pre-bankruptcy TPLF as an investor
- Post-bankruptcy TPLF as funding sources for trustees/DIPs or buyer of litigation claims
- Historical context
- Key issues
- Necessary tool
- TPLF as insider
- Applicable non-bankruptcy law restrictions
- Fiduciary duty issues
- Misc. issues
- Best practices and practical considerations
The panel will review these and other relevant topics:
- How does the mechanism of TPLF work?
- What is the structure of these mechanisms?
- What disclosure obligations apply to TPLF in bankruptcy?
- What are the ethical implications of TPLF?
- What are the most recent cases and decisions?
Joel E. Cohen
Stout Risius Ross
Mr. Cohen has over 17 years of experience in the dispute, forensic and insolvency practice areas, most specifically... | Read More
Mr. Cohen has over 17 years of experience in the dispute, forensic and insolvency practice areas, most specifically focused in the financial services and asset management industries. His experience encompasses a number of significant cross-border insolvency and litigation matters, where he has served as financial advisor and consulting expert to fiduciaries, offshore liquidators, bankruptcy, and litigation trustees. He has assisted these clients in a variety of litigation consulting services, including asset tracing, fraud, Ponzi schemes, industry custom and practice for investment managers, and forensic analysis.Close
Investment Manager, Legal Counsel
Mr. Epstein is responsible for leading the company’s investments in bankruptcy and insolvency-related matters. He... | Read More
Mr. Epstein is responsible for leading the company’s investments in bankruptcy and insolvency-related matters. He serves as a resource for debtors, creditors (including hedge funds, private equity funds and alternative asset managers), bankruptcy estate representatives and other stakeholders seeking to maximize the value of litigation claims. Mr. Epstein has extensive experience advising and managing debtors-in-possession, individual creditors and creditor groups (ad hoc and official committees) and financial institutions in insolvency and bankruptcy-related litigation matters nationally and internationally.Close
Cathy L. Reece
Ms. Reece Chairs the firm’s Financial Restructuring, Bankruptcy and Creditors' Rights Practice Group. She has... | Read More
Ms. Reece Chairs the firm’s Financial Restructuring, Bankruptcy and Creditors' Rights Practice Group. She has broad experience in every aspect of corporate workouts and bankruptcies, and also works with clients structuring complex transactions and purchasing distressed assets. Ms. Reece has held a variety of leadership positions at state and national associations related to bankruptcy, commercial finance and corporate renewal.Close