Intellectual Property

Another Litigation Funding Splashdown In Houston

The importance of the networking opportunities at an event like LITFINCON can’t be overstated.

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Intellectual PropertyWhen it comes to developments in the patent world driven by litigation funding, 2023 was a blockbuster year. Whether it is a big verdict or a surprising disclosure of a funding source or continued lateral movement into the litigation funding and insurance spaces, nary a week has gone by without some newsworthy event. The continued evolution of the litigation funding industry and its outsized impact on the patent litigation ecosystem has rapidly become an evergreen topic worthy of discussion and analysis. As with many burgeoning industries, conferences are often a driver of those conversations, with the litigation funding industry being no exception to that rule.

For patent and other IP lawyers, therefore, the option of attending a litigation funding conference continues to look more attractive as days go by. Thankfully, perhaps the most unique entrant in the funding conference space, LITFINCON, is coming back for its third installment, starting on March 6, 2024. As with the two prior events, this year’s conference is hosted by Siltstone Capital, and will once again be held at one of Houston’s top hotels, the Post Oak. (As I have previously pointed out, the hotel is a favorite of visiting NBA teams. The first year saw me staring up at the Utah Jazz’s Rudy Gobert getting off an elevator Last year I got to feel like a toddler in the lobby looking up from my seat at the Memphis Grizzlies’ man mountain Steven Adams.) As with prior LITFINCON’s, a premium is placed by the organizers on fostering organic networking opportunities along with some fun. To that end, the coming conference is expected to include a Casino Night for attendees, as well as a “Texas Toast” preview dinner the night before the conference kicks off. And in the tradition of prior LITFINCONs, there will be a stand-up comedy performance over lunch on the conference’s final day.

In my view, the importance of the networking opportunities at an event like LITFINCON can’t be overstated. Having had the good fortune to work at the intersection of patents and litigation funding for years and years now, I can speak without hesitation to the importance of relationship building as the cornerstone of a successful practice in the space. The list of talented folks operating in the space continues to grow, but the importance of building bridges with a wide cross-section of players becomes even more exponentially important in parallel. Whether it is conversations with litigators, insurance brokers, funders, or prospective funding clients, what propels deals forward is often the successful establishment of relationships — not only with deal partners, but across the industry as a whole. By bringing thought leaders from across the spectrum to Houston, LITFINCON provides a critically important opportunity to nurture and establish relationships across the board. The networking opportunities alone would justify the investment in attending, but there is of course even more on offer.

While the conference team continues to work on finalizing the agenda for LITFINCON III, some of the perennial favorites will be returning. Chief among them will be the judges panel, which once again promises to offer the type of insight that is usually reserved for bench and bar conferences. With all the developments that 2023 has generated on the disclosure and other fronts relative to litigation funding, it will be very interesting to hear what the jurists on the panel have to say about those issues and others — as we look to increased funding of big-ticket patent cases in 2024 and beyond. Similarly, it is always interesting to get the perspective of leading academics on the developments relative to litigation funding, from proposed regulation to consideration of ethical issues that have arisen over time. We should expect, therefore, that LITFINCON III’s academic panel will also be one of extreme interest to the audience and the litigation funding community at large.

In addition to those panels, attendees can likely expect discussion of the increased role that insurance is playing in funded cases, whether post-verdict in the form of judgment preservation insurance or even for cases midstream or not yet on file. In addition to the insurance discussion, we can also expect an in-depth look at the market for secondary investments in litigation finance. Likewise, it will be interesting to hear from the in-house side views on litigation funding, now that we have started more corporations look to litigation funders as partners in pursuing claims. Along the same lines, we can also expect LITFINCON III to host panels touching on hot topics in the litigation funding industry, as well as the ever-important look back at lessons learned from developments over the course of this year. And because litigation funding touches on more than just patent matters, a look at the opportunities for funding in mass tort and international arbitration is also slated for this coming LITFINCON.

Ultimately, as with the prior events, LITFINCON III will surely be a few days well-spent for both attendees and presenters. The combination of great networking and informative panels on order at prior LITFINCONs was so potent and valuable to attendees that another LITFINCON has already been announced for September 2024 — with that event scheduled to take place in sunny Beverly Hills. Before then though, there is plenty to look forward to at LITFINCON III in Houston. I encourage those interested in this opportunity to keep an eye out for the final agenda as we get closer to the event, but even without the final agenda in hand, there is plenty of reason to book a spot already, just based on the track record established by LITFINCON I and II. Who knows, maybe you will see me once again on the speaker roster. Registration for LITFINCON III is opening soon, and if you do make it, please make sure to say hello.

Please feel free to send comments or questions to me at [email protected] or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

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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 [email protected] or follow him on Twitter: @gkroub.

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