Recording Date: June 22, 2010
Duration: 129 minutes
Self Study/Alternate Format CLE: Self-study credit may be available in AZ, CA, CO, FL, GA, ID, LA, ME, NV, NH, TX, UT, VT, WA, WV and WY for watching a video or listening to an audio recording. Refer to your state bar’s MCLE guidelines for the number of reportable credits permissible via these formats.
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Agenda and Speakers
The Background and Mechanics of Litigation Financing
• Litigation financing-historical overview and analysis of its use in light of the changing economy
• The most common types of litigation financing and the pros and cons of each
• Comparison of domestic and international litigation financing systems
• Who are the major players
• Typical cases benefiting litigation financing and where it is frequently used
• Insurer perspectives on litigation financing
• Public policy reasons supporting or weakening justifications for litigation financing
The Ethical Nuances of Litigation Financing
• Confidentiality, attorney client privilege and litigation financing-can privilege be protected and if so how? Model Rules 1.4 & 1.6
• Work-product protection-does it survive in the litigation financing world
• Champerty-what is it and what states consider it unethical?
• Fee splitting with non-legal parties, Model Rules 1.5 & 5.4
• Other ethical concerns regarding maintaining independent professional judgment, Model Rule 1.2
• Special concerns for international disputes and their resolution, Model Rule 8.4
Timothy Scrantom, President, Juridica Capital Management (US) Inc., New York
Steven Garber, Ph.D., Senior Economist, RAND Corporation, Santa Monica
Anthony Sebok, Esq., Professor of Law, Benjamin N. Cardozo School of Law, New York