Intellectual Property, Litigation Finance

Houston, Litigation Finance Is Lifting Off

An effective way for folks interested in litigation finance to get a cutting-edge education in the area would be to attend a conference.

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Back in September of last year, I reiterated my exhortation “that any IP lawyer practicing today needs to get educated quickly on litigation finance” in a column highlighting the agenda of a then-upcoming litigation finance conference. The need for increased education on litigation finance remains, for both in-house counsel and law firms, especially in light of this week’s RPX newsletter stating that RPX has identified over 30 funded patent litigation campaigns in 2021 via publicly available information. That number is a significant reflection of the growing role litigation finance has in patent monetization efforts — and we can be sure that many more funded cases exist where the role of the funder has not yet been publicly disclosed.

An effective way for folks interested in litigation finance to get a cutting-edge education in the area would be to attend a conference, but that can be a challenge if travel is required to do so. While the industry has seen significant conferences take place on both coasts in the past few months, it is nice to see that an ambitious agenda has been set for a major new litigation finance event, scheduled for early March in Houston. Put differently, it is nice to see that those interested in litigation finance may have access to a conference closer to home, especially with the continued travel challenges posed by the pandemic. But even coastal denizens would do well to consider attending this particular conference, considering the quality and breadth of the content on offer.

Styled LITFINCON, the event promises to help explore the topics of interest for litigation finance as 2022 gets underway. As the glimmers of a post-pandemic world start to take root in our professional consciousness, there is no doubt that 2022 will be a pivotal year for the litigation finance industry, both in terms of continuing to develop investment opportunities, as well as in terms of starting to show existing participants results from investments made to date. Attendees at LITFINCON can safely expect frank discussion on the successes and areas for improvement of this burgeoning sector, along with a jam-packed agenda and diverse speaker roster. (Myself included, on the topic of why corporate legal departments should consider litigation finance, which dovetails nicely with the extensive work I have been doing on the patent monetization front — work that often brings together corporate legal departments and litigation funding partners.)

In addition to the networking opportunities — including access to a robust and aggressive Texas-based investor ecosystem — attendees at LITFINCON will also benefit from getting insights from one of the most important, yet seldom-heard from, groups impacted by the rise of litigation finance in the United States — jurists. It is fitting that a panel of active federal and state judges will help kick off the conference, sharing their insights on what litigation finance means for them, both in terms of conducting cases before themselves and with respect to broader questions of access to justice. That panel is followed by a full afternoon of discussion on how law firms and corporate legal offices can and should be accessing litigation funding, including a closer look at diligence best practices and a forward-looking discussion on how litigation finance will continue to develop as an asset class over the next few years. In short, LITFINCON’s Day One is packed with content.

Day Two promises more of the same, with an emphasis on the financial side of litigation finance. From an opening panel on why litigation finance continues to enjoy a reputation as an attractive, uncorrelated, asset class, to a discussion of what impact the secondary and public markets could have on litigation finance, there should be a lot to dig into. With litigation funders stepping into the role of at least quasi-clients for litigators and their firms,  it is as important as ever that those same lawyers gain a deeper understanding of how litigation finance works as an asset class. Here again, the old tenet about the importance of understanding their client’s business is just as applicable for lawyers working with litigation funders as it is for those lawyers working with their legacy clients. And a key part of understanding the business of litigation finance is getting a handle on the investor-facing side of things, not only the litigator-facing side. Rounding out the day are an important discussion around the value that litigation finance brokers can add to a deal, as well as a look at the impact that crypto and other technologies can have on the litigation finance market. And for those interested in starting their own litigation funds, the closing panel on fund formation should be a must-listen.

Ultimately, LITFINCON will surely be a few days well-spent for attendees and presenters. The discussions around litigation funding are important ones, irrespective of whether you represent plaintiffs looking for funding, do support work for funders on diligence, or represent defendants that may be targeted in funded cases. For those who can attend, participation in LITFINCON should be a worthwhile investment of time and attention. Registration remains open, and if you do make it, please make sure to say hello.

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Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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