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RAND Law, Finance, and Capital Markets Program

The RAND Institute for Civil Justice has launched a research initiative to analyze an emerging development in civil dispute resolution in the United States, namely, the providing of capital and capital market products for claim holders and those defending against claims, and their respective lawyers. The Program will explore:

  • The convergence of law, finance, and capital markets in the United States, including phenomena such as outside capital invested in law firms and third party litigation funding;
  • Effects of outside capital on the American legal system and on the efficiency, fairness and transparency of the civil justice system in the U.S., and how these effects differ across segments of the litigation-financing industry; and
  • Advantages and disadvantages of potential public-policy responses as applied to different industry segments.

RAND Events and Research

Third Party Litigation Funding and Claim Transfer: Trends and Implications for the Civil Justice System — June 2, 2009

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 an environment in which litigation claim transfer could expand and thrive.

UCLA-RAND Center for Law and Public Policy brought 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.

Litigation and Business: Transatlantic Trends — November, 2008

Lloyds of London Insurance Syndicate

Neil Rickman, Contributing Author

Other Research and Journal Articles More »

Civil Litigation Costs Review: Preliminary Report — May 8, 2009

Lord Justice Jackson

The Judiciary of England and Wales, Volume 1, Chapter 15

Fee Regimes and the Cost of Civil Justice — 2009

Herbert M. Kritzer

Civil Justice Quarterly, Vol. 28, No. 3, p. 344

A Market in Litigation Risk — 2009

Jonathan T. Molot

The University of Chicago Law Review, 76 U. Chi. L. Rev. 367-440

Law & Finance in the News More »

"A Capital Idea" — 2009

Timothy D. Scrantom

Law Dragon Magazine

"Legal and Ethical Issues Regarding Third-Party Litigation Funding" — November 2009

Jonathan D. Petrus

Los Angeles Lawyer Magazine

"Developments: Cash-Flow Woes" — November 1, 2009

Claire Zillman

The American Lawyer

"New Litigation Financing Fund Raises $130 Million in London IPO" — October 16, 2009

Alison Frankel

The AmLaw Litigation Daily

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