The Agenda

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The Litigation Funding Forum - March 26, 2020

07:30 AM

Breakfast & Registration

08:50 AM

State of the Litigation Funding Market (Panel)

  • Size of the market and recent trends
  • Litigation finance scenarios and structures
  • Regulatory activity and implications for the justice system

09:40 AM

Pitching the Benefits of Litigation Funding to In-House Corporate Counsel (Presentation)

  • How to identify a case ripe for litigation funding
  • How to Prepare for litigation funding due diligence
  • The role of litigation counsel in the funding process

10:05 AM

A Fresh Look at the Patent Assignment Agreement: Lone Star v. United Microelectronics (Presentation)

  • When does a controlling agreement constitute a license?
  • How to transfer ownership
  • Impact and strategic takeaways from this case

Timothy Maloney, Partner - Speaker

Fitch, Even, Tabin & Flannery

10:30 AM

Monetization Opportunities for Arbitral Claims and Awards: Current Trends (Presentation)

  • Analysis of structures that are available for high value claims
  • Examples of transactions in international arbitration claims and awards
  • Portfolio financing for international arbitration practice groups

10:40 AM

Networking Break

10:55 AM
11:45 AM

Third-party Funding and International Arbitration (Presentation)

  • Brief introduction to international arbitration
  • Funding challenges in the arbitration market
  • Funding opportunities in the arbitration market

12:10 PM

Not all Patent Cases are Created Equal (Presentation)

  • The importance of having an invention story
  • The importance of venue selection
  • Evaluating damages and royalty rates
  • The impact and role of PTAB proceedings
  • The importance of counsel selection

12:30 PM

Lunch Break

01:40 PM

Fireside Chat with a Litigation Finance Broker (Fireside Chat)

  • Mechanics of what a broker does
  • Insights into picking the right funder
  • A broker’s perspective on the market

02:15 PM

Due Diligence on Litigation Funders: The Funded Party and Investor Perspective (Presentation)

  • Key attributes that make a litigation funder successful and reliable for funded parties and investors
  • The litigation funder – funded party – attorney relationship
  • The future of litigation finance as an asset class

02:40 PM

Investing in Small Deals: Can it be Profitable and How Does it Differ from Large Transactions? (Presentation)

  • The Smaller Litigation Finance Marketplace
  • Economics of Smaller Litigation Fundings
  • Considerations Unique to Smaller Litigation Fundings

03:00 PM

Networking Break

03:45 PM

Pitching the Case – A Guide to Finding Litigation Funding (Presentation)

  • How to identify a case ripe for litigation funding
  • How to Prepare for litigation funding due diligence
  • The role of litigation counsel in the funding process

William Paterson, Partner - Speaker

Swanson, Martin & Bell

04:10 PM

Tax Implications of Commercial Litigation Finance Transactions (Presentation)

  • Asking the right questions: Impact on investors and plaintiffs
  • Loan vs. sale – assessing taxes based on structure
  • Prepaid forward contracts

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