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Third Party Litigation Funding and Claim Transfer
Trends and Implications for the Civil Justice System
Presented by RAND Institute for Civil Justice and UCLA School of Law
| DATE | June 2, 2009 |
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| TIME | 8:00 a.m — 2:00 p.m. |
| LOCATION |
The RAND Corporation 1776 Main Street Santa Monica, CA |
Sponsors
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Program Details
RAND Institute for Civil Justice and UCLA School of Law recently forged a new initiative through which they identify and analyze the biggest and most influential trends in civil justice. One such trend—litigation claim transfer (also referred to as third party litigation funding)—has created the environment for litigation claim transfer to be evaluated as a component of the American civil justice system. The confluence of the recent credit shortage, the enormity of the overall market for legal services, and the search for investment opportunities unrelated to general economic risk has created the supreme environment for litigation claim transfer to expand and thrive.
UCLA-RAND Center for Law and Public Policy is bringing together stakeholders to not only discuss this phenomenon, but to frame how it is debated in government, law schools and state bars across the country. We are pleased to invite you to attend a conference designed to address these important issues on June 2, 2009 at RAND's Santa Monica headquarters.
Program Description
The civil justice system has two goals: to resolve disputes in a just manner for parties who cannot agree to just resolutions (equity and peace); and to minimize disputes by communicating the manner in which the system will resolve them (efficiency and transparency). The purpose of this conference is to evaluate an array of actual and potential claim financing methods, particularly third party litigation funding, and the implications of transfers of interests in claims, as means for achieving these goals in commercial and individual claims.
Dispute (arbitration and litigation) claim transfer is emerging as one of the biggest and most influential trends in civil justice and is shaping how litigation/arbitration is funded in the United States and abroad. This conference brings together stakeholders to discuss this phenomenon and frame how it is debated in government, law schools and state bars across the country.
| 8:00 | Continental Breakfast and Networking |
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| 8:15 |
Introduction and Welcoming Remarks Michael Schill, Dean of UCLA School of Law |
| 8:20 |
Framing the Central Issues: On What Bases Should Financing Be Evaluated? Lynn M. LoPucki, UCLA School of Law |
| 8:35 |
Litigation Financing Overview Selvyn Seidel, Burford Advisors |
| 8:50 |
The Traditional Landscape: Funding of Claims in the US
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| 9:35 |
Market Financing: U.S. Developments in Claim Transfer and Third Party Funding
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| 10:20 |
Existing Rules, Regulations and Restrictions on Claim Transfer and Third Party Funding
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| 11:20 | Coffee Break |
| 11:35 |
Emerging Commercial, Legal and Ethical Considerations (Roundtable) Moderator: Robert T. Reville, RAND |
| 12:20 | Concluding Remarks and Summary |
| 12:25 | Pre-lunch Break |
| 12:45 |
Lunch Sponsored by IM Litigation Funding |
| 1:00 | Keynote Speaker: Lord Daniel Brennan |
| 2:00 | Adjourn |
Keynote Speaker
Lord Daniel Brennan QC specializes in commercial law, international business issues, public and private international law, and international arbitration. During 1999, he was Chairman of the Bar of England and Wales, the organization that represents 10,000 practicing barristers—specialist advocates and advisers in litigation and in 2000, he was voted Barrister of the Year. In May 2000, the Queen, on the recommendation of the United Kingdom Government, appointed him a life peer and member of the House of Lords.
He is a Deputy High Court Judge and Crown Court Recorder, a former member of the Criminal Injuries Compensation Board, and ex-Chairman of the Personal Injury Bar Association. He also is Chairman of Juridica Capital Management Limited. He has a high profile environmental, product liability and medical negligence practice involving multi-party actions such as the insurance claims from the Paddington rail crash, the oral contraceptive litigation and, in the past, the local residents' claims arising from the Canary Wharf development scheme, the HIV/haemophiliac claims against the UK government and the Herald of Free Enterprise disaster. Most recently he has appeared in the 'designer baby' appeal in the House of Lords. He also has an extensive international litigation and advisory practice involving bi-lateral investment treaty and commercial and energy work in South America and Asia.
Lord Brennan is currently the Bar representative on the Council of the International Bar Association. He is also a member of the London Court of International Arbitration and a member of the Arbitration Foundation of South Africa, as well as a member of its Appeals Panel. South Africa. He is also on the panel of consultants to the World Bank for Latin America and South and East Asia.
Read more about our speakers and panelists
About the UCLA-RAND Center for Law and Public Policy
UCLA School of Law and the nonprofit RAND Corporation have entered into a unique partnership, The UCLA-RAND Center for Law and Public Policy. The center is the first formal alliance between a law school and a major policy think tank in the nation. Its mission is to produce innovative legal scholarship that is grounded in multidisciplinary empirical analysis, which will guide legal and public policymakers in the 21st Century. Unlike many research centers at major universities the center is not subject specific. It was created to support collaborative research in many different fields and to evolve with the doctrinal, institutional and professional changes in the law. The main activities of the center will include ongoing stand-alone research projects on multiple topics, a speaker series and mini-conferences. Every two years the center will identify and analyze a single critical theme in civil justice, host a conference to engage policymakers and advocates on the topic, and publish a book to disseminate findings and recommendations. The first conference, on transparency in the civil justice system, took place in November 2007.
Further Inquiries
Contact icj_events@rand.org.
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