RAND Institute for Civil Justice Conference

Alternative Litigation Finance in the U.S.: Where Are We and Where Are We Headed with Practice and Policy?
Program Details

The RAND Institute for Civil Justice recently launched a research initiative to analyze and explore the convergence of law, finance, and capital markets in the United States, including phenomena such as outside capital invested in law firms, alternative fee structures, and third party litigation funding. The Program endeavors to examine the effects of alternative litigation finance on the efficiency, fairness, and transparency of the American civil justice system through policy analysis, events, and a comprehensive Web presence at http://www.rand.org/icj/programs/law-finance/.

The 2010 Conference will bring together practitioners, policymakers, judges, and researchers to discuss and debate issues and trends related to alternative litigation finance in the United States. The extensive program will feature presentations, panels, and speakers on practice and policy topics as well as offer continuing legal education.

The conference agenda is designed for interaction and will be based on soon-to-be-released RAND research.
Agenda

(All times listed in Eastern. Agenda is subject to change.)

DAY ONE—May 20
12:30 Welcome Lunch
Keynote remarks by Professor Richard Susskind, IT Adviser to the Lord Chief Justice; Author, The End of Lawyers?; and Visiting Professor, Oxford Internet Institute, Oxford University
2:00 Welcome and Program Overview
“Alternative Litigation Finance in the United States—Issues, Knowns, and Unknowns”

* Steven Garber, RAND Senior Economist and RAND Law, Finance, and Capital Markets Program (LFCMP) Director

2:40 Overview of Developments and Issues in Cash Advances and Non-recourse Loans to Individual Claimholders

* Harvey Hirschfeld, Chairman of American Legal Finance Association
* Seth R. Lesser, Partner of Klafter Olsen & Lesser LLP and Co-Chair of the National Association of Consumer Advocates
* Q&A

3:20 Overview of Developments and Issues in Loans and Lines of Credit for Law Firms

* Bill Tilley, President and CEO of Amicus Capital Services LLC Download Presentation Here
* Q&A

3:50 Break
4:05 Overview of Developments and Issues in Investments in Commercial Litigation

* Timothy Scrantom, President of Juridica Capital Management
* Jonathan Molot, Professor of Law at Georgetown University Law Center and Chief Investment Officer of Burford Group
* John Beisner, Co-head of Skadden, Arps’ Mass Torts and Insurance Group
* Aaron Katz, Director, Leveraged Finance division of Credit Suisse Securities (USA) LLC
* Q&A

5:20 Landscape of Codes and Rules Potentially Relevant to ALF

* Professor Anthony Sebok, Professor of Law at Benjamin N. Cardozo School of Law, Yeshiva University
* Peter Geraghty, Director of ETHICSearch, American Bar Association Center for Professional Responsibility
* Q&A

6:00 Reception

DAY TWO—May 21
8:00 Breakfast
8:15 Worldwide Developments in Alternative Litigation Finance: An Overview of New Developments in Common Law Countries

* Moderator: Sam Eastwood, Partner at Norton Rose
* New Cases in Canada: John Rossos, Co-Founder & Principal of Bridgepoint
* The Legal Services Act—Equity Investment in Law Firms by Non-Lawyers Comes to the UK: Leslie Perrin, Chairman of Calunius
* Trends and Developments in Australia: Charlie Gollow, Litigation Manager at IMF (Australia) Ltd.
* Q&A

9:15 Worldwide Developments in Alternative Litigation Finance: Lessons for the U.S.?

* Moderator: James Dertouzos, Director of the RAND Institute for Civil Justice
* Selvyn Seidel, Chairman of Burford Group Limited
* Neil Rickman, Director of RAND ICJ Europe
* Q&A

10:15 A Conversation About Ethical, Social, and Moral Issues Related to ALF

* Moderator: Peter Geraghty, Director of ETHICSearch, American Bar Association Center for Professional Responsibility
* Professor Anthony Sebok, Professor of Law at Benjamin N. Cardozo School of Law, Yeshiva University
* Professor W. Bradley Wendel, Professor of Law at Cornell Law School
* Q&A

11:15 Coffee/Networking
11:30 A Conversation About Litigation Risk Sharing by Major Law Firms

* Mitt Regan, Professor of Law & Co-Director, Center for the Study of the Legal Profession, Georgetown University Law Center
* Lance Jones, Senior Vice President and General Counsel of Trilogy, Inc.
* Andrew R. Evans, Founding Principal of Litigation Resolution Group
* James Tyrrell, Partner at Patton Boggs
* Q&A

12:15 Lunch
12:45 Keynote — Thomas L. Sager, Senior Vice President & General Counsel of DuPont Legal
1:30 How ALF Will Affect Litigation and Potential Policy Responses

* Moderator: Professor Herbert Kritzer, Marvin J. Sonosky Chair of Law and Public Policy at University of Minnesota Law School

Part 1: ALF for personal-injury litigation

* Page Faulk, Vice President of Policy and Research, U.S. Chamber of Commerce
* Robert S. Peck, President of The Center for Constitutional Litigation, P.C.

Part 2: ALF for commercial litigation

* Geoffrey J. Lysaught, Senior Director and Chief of Staff of Searle Center on Law, Regulation, and Economic Growth at Northwestern University
* Richard W. Fields, Chief Executive Officer of Juridica Capital Management Limited

Part 3: ALF for class-action litigation

* TBD
* John H. Beisner, Partner of Litigation, Complex Mass Torts and Insurance Litigation of Skadden, Arps, Slate, Meagher & Flom LLP
* General Q&A

3:10 Closing remarks

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