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- What trends and developments have emerged in the market and where is the market headed?
- How has the emergence of hedge funds/multi-strats in the market changed pricing?
- What is the impact of the rise in group actions?
- Is litigation funding the remedy to make European justice systems more equitable?
- What are the short- and long-term risks to the market?
- What new products are emerging – and how is insurance structures coming into play?
- What are the effects of Covid-delay?
- Are there enough good cases in Europe to support the amount of capital in the market?
- Will we see a marketplace where shares of already funded cases are traded?
- Which practice areas are popular right now?
- Will the Unified Class Action Regime revolutionize the industry?
- Does the market have an appetite for this?
- How are member states going to have to implement through domestic legislation?
- Adopting cross-border mechanisms
- What are law firms doing to prepare for this?
- Will this help or hurt the market?
Litigation Insurance: Is the Use of Insurance Re-Shaping the Market?
- How can insurance be used to grow the market?
- Understanding after the event (ATE) insurance
- Using insurance to lower rates on good risk
- What does the underwriting process for a portfolio insurance deal typically look like?
- How are funders using judgement preservation insurance?
- Exploring the wider use of insurance and hedge products coupled with funding
- How does an insurance-backed judgment monetization deal get done?
- Will alternative premium structures become more common?
- Using insurance to reduce the cost of capital and aid in the deployment of capital
- What current pricing is the European market seeing?
- Exploring current standard underwriting processes – insourced or outsourced or both?
- Making sure the interests of the lawyer and funder are aligned
- Exploring retention agreements
- How are new entrants in the market impacting deal terms?
- Can the process become more efficient and accelerated?
- Balancing speed and predictability vs. confidence for the funders
- Is the use of insurance changing deal terms and pricing?
- Have diligence terms changed for single-event funding vs. multiple-case funding?
- Will due diligence and pricing become more scientific and less driven by predictions?
- What tools are available to help to drive down the cost of capital?
- Which types of products are on the rise – single cases, portfolios, monetization, acceleration?
- Defense side funding products
- What are the different ways that funders are capitalized?
- Does it matter where the capital for a funder comes from?
- Where is most of the money coming from? Where are most of the investors?
- Successful and innovative strategies for raising capital
- Will we see reforms on restrictions of funding?
- Exploring different funding options: Using debt and equity instead of traditional capital raising
- Will blockchain, cryptocurrency, and other technology impact the market?
- What are the main concerns for investors in this asset class?
- How can the market attract more institutional investors?
- How are different jurisdictions acting differently?
- What are the risks associated with different jurisdictions for funders?
- Exploring arbitrage between different countries
- What challenges are you facing in different jurisdictions regarding education, regulations and funding?
- Is CORLA improving collective access to justice?
- In a new market, what is the most efficient route to creating a sound strategy?
- Two years into the Resolution of Mass Damage in Collective Action Act (WAMCA) in the Netherlands – How is it going?
- How to treat “corruption and illegality” allegations
- What changes are ahead after implementation of the Unified Class Action Regime?
Litigation finance offers the prospect of higher returns than traditional investment strategies and is uncorrelated to equity market movements, making this an appealing investment during periods of market downturn or volatility. This closed-door session, open only to private equity and hedge fund managers will explore the common structure of a litigation finance deal, investment periods, return expectations, tax issues, regulatory requirements and the types of expenses a deal can incur. Fund managers in the space must be aware of proper fund structuring, careful drafting of funding documents, and the importance of monitoring and transparency to investors.
- Avoiding common mistakes when presenting a case to a funder
- How to keep negotiations on track
- What you shouldn’t do during due diligence
- Exploring real world examples of what’s worked and what hasn’t
- As a funder…what should you not to do be successful?
- Finding the line: What’s realistic and what’s not
- How do you control litigation when there are multiple funders?
- How can corporates use outside capital to fund litigation and move financial risk off the corporate balance sheet?
- Using litigation finance to reduce costs, mitigate risk and enhance value of assets
- The increasing popularity of group litigation, and the risk this poses for corporates
- How active are corporates in monetizing large claims?
- Challenges and roadblocks in corporate utilization and how to overcome them
- What deal structures are corporates using?
- What can funders do to generate more deal flow with corporate counsels?
- Current update on EU and international regulations
- Developments regarding attorney-client privilege and confidentiality
- Exploring the changing views of fee sharing with non-lawyers
- Are funders finding subtle ways of controlling settlement?
- Will third-party funders end up in litigations of their own? Will the outcomes set precedents that become regulatory law?
- U.S. Regulation: Will the new ABS rules in Arizona have any impact on the EU market?
- What is an attorney’s obligation to the third-party funder? And what to make of new “best friend” deals between funders and law firms
- New Australian regulations around licensing and compliance with the managed investment scheme
- Developments in international arbitration and investment treaty arbitration case funding
- Enforcement of judgements: What is the EU position?
- Trends and developments by region: America, Latin America, Australia, and Asia
- Exploring asset enforcement
- What special challenges does international arbitration pose (that the funding of domestic EU cases doesn’t)?
- Which sectors and geographies are seeing the most international activity and opportunity?
- What is the timeframe for the returns in international arbitration investments?
- How will secondary markets and public capital impact the market?
- Why co-investing and diversification is imperative to a successful long-term strategy
- What infrastructure exists for the secondary trading market? What is being developed?
- How does a secondary buyer diligence the opportunity?
- What are typical gains for the original buyers when the credit is sold to a secondary buyer?
- How do you price your book?
- Will we see a marketplace where shares of already funded cases are traded?
- What do you do with the “zombies” that sit in your book?
- Is an increase in syndications on the horizon?
- Exploring typical financial relationships co-investment situations
- Is the market ripe for securitizations?
How can the Litigation Finance industry attract more women leaders? This small group meeting will explore best practices for mentoring and talent search, developing plans that encourage opportunities for growth, how to manage issues with return to the office vs. work from home scenarios, and understanding the concrete reasons as to why it’s more important than ever to be a diverse and inclusive organization.
- The underwriter’s role in the process of due diligence and case analysis
- Hands on approaches vs. completely automated
- Evaluating risks (collection and economic) and potential lawsuits associated with a portfolio
- How do underwriters assess the strength of evidence and credibility of witnesses in a portfolio?
- Considering the structure of the return in order to fully evaluate the financial risk and reward
- Understanding damages to investment ratio
- Factors that affect the duration of the litigation
- What reforms are on the horizon for disclosure requirements?
- Regulations and decisions regarding disclosure: Is it to a funder’s advantage to disclose?
- Does the market need more rules to prevent abuses of the legal system?
- Exploring court-ordered disclosures
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Euromoney Institutional Investor PLC (“Euromoney”, “we”, “us” or “our”) is an international business-information group covering asset management, price discovery, data and market intelligence, and banking and finance. The group also runs an extensive portfolio of events for the telecoms, financial and commodities markets.
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This Privacy Notice was updated on 23 May 2018
This Privacy Notice outlines the information we may collect about you in relation to your use of our products and services (“personal data”). It also explains the legal rights that you have in relation to your data and how you may exercise these rights.
Some of our group companies may collect and use personal data for different purposes; those companies have their own websites and privacy notices.
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Marketing materials are sent electronically, by post and we may occasionally call you.
Online Targeted Advertising
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We occasionally use the services of trusted third parties in order to ensure that the personal data we use for advertising and marketing purposes is accurate and up-to-date. To do this, we transfer personal data of individual leads (such as name, email, job title, location and phone number) to these third parties who conduct research to verify the data – primarily against public information.
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If we sell a business or assets we may need to disclose your personal data to the prospective buyer of such business or assets.
If Euromoney, or any of our group companies is sold or sells our assets or is acquired by a third party, then personal data about our customers will be acquired by that third party. A transfer of your personal data in these circumstances would be necessary so that the services you have contracted for can still be delivered, or so that you can continue to enjoy the benefits of our free products and services. You will receive notice if a new controller assumes responsibility for your personal data.
Additional Third Party Disclosures
We may disclose your personal data to other third parties in the following situations:
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Some of the Euromoney group companies are based outside the European Economic Area (EEA). If you have consented to being contacted by our group companies, then the transfer of your personal data will be made according to the terms of an international data sharing agreement that contains obligations approved by European data protection regulators. Any of our group companies that receive your personal data will be co-controllers of that data, which means they may determine how they process your personal data – although they may only use it for the purposes for which it was shared, unless you are informed of new or additional processing activities.
We may also transfer personal data to third party service providers as described in this Privacy Notice which are located outside the EEA. Where we conduct these transfers, we take all steps necessary to ensure that your data is treated securely and in accordance with applicable privacy legislation, either by only sending your personal data to jurisdictions that provide an adequate degree of legal protection for your data or by imposing approved contractual terms on these third parties.
We have a data retention policy that ensures we don’t use or store your personal data for longer than necessary. We consider the following issues to determine retention periods:
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- The business rationale for collection and expiry of the purpose for which personal data was collected;
- Our ongoing ability to ensure the accuracy of the data; and
- Legal and regulatory requirements.
We may occasionally need to keep personal data for either shorter or longer periods than specified in our retention policy. In such circumstances, application of the retention period to the data will be temporarily suspended. The suspension of an applicable retention period will be carried out in a manner that respects the rights and interests of all persons concerned.
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You have certain rights in relation to your personal data which include the following:
Access & Portability
You may request access to any personal data of yours for which Euromoney is responsible as controller. Unless there are legal or regulatory reasons for not doing so, we will confirm whether we process any of your personal data and if we do, we will provide you with the following information: the purposes of the processing, the categories of personal data, any recipients of your personal data, the applicable retention period and the data source. Copies of your personal data will be made available to you in a structured, machine-readable format.
You may also request that we transfer the personal data that you have submitted to us, to another controller, where it is technically feasible for us to do so.
If you have consented to our processing of your personal data, or if we are processing your personal data in order to fulfil our contractual obligations to you, then you can submit a request that we transfer your personal data to another data controller.
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You have the right to request that Euromoney rectify any errors in the personal data that we process. In some circumstances, you may also be able to ask for the erasure of personal data, and/or request that the processing of your personal data be restricted. You may also object to the processing of your personal data for sales or marketing purposes.
How to Exercise Your Rights
To exercise any of these rights, please contact us by post or email at the following addresses:
Euromoney Institutional Investor PLC
8 Bouverie Street
London, EC4Y 8AX
Web form: Complete Subject Data Request Form
We may need to check your identity prior to processing a request.
Euromoney will do our best to respond to any questions and address any of your concerns. You are also able to register any complaints regarding the processing of your personal data directly with the UK Information Commissioner.
Euromoney is committed to keeping your personal data secure and we will take appropriate technical and organisational measures to protect your personal data from loss, unauthorised use, disclosure or destruction. Although we do our best to protect your personal data, we cannot guarantee that any transmission of data is without risk. We have therefore implemented information security policies and rules, staff training on information security, and technical measures to ensure the integrity of data that we have under our control.
All our employees, contractors and data processors (i.e. those third parties that process personal data on our behalf) are required to keep such data confidential and not to use it for any purpose other than the performance of services we have requested.
Our site may contain links to other websites – including, for example, providers of payment processing services. Euromoney is not responsible for the privacy and data collection practices of third party sites and we therefore recommend that you review the privacy policies and terms of service of each site you visit.
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