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Investing in Justice

Investing in Justice Author Max Volsky
ISBN-10 0988510502
Release 2013-04
Pages 268
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Alternative assets have become popular in recent years, mainly because they offer superior returns and are uncorrelated to traditional markets. Legal finance also called lawsuit funding, lawsuit loans, pre-settlement funding, tort advances, plaintiff advances, litigation finance, litigation financing, litigation funding or dispute finance refers to investments in lawsuits. Written by a renowned expert, this book is essential reading for investors, consumers, lawyers, policymakers, business executives, and anyone who can benefit from having a clear and comprehensive framework for understanding this industry and its capacity to create more balanced and provident legal systems around the world. Join us as we explore this new market and examine the industry s most poignant issues.



Third Party Litigation Funding

Third Party Litigation Funding Author Nicholas Rowles-Davies
ISBN-10 0198715927
Release 2014-09-11
Pages 293
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"This book deals with one important aspect of the 2013 civil justice reforms, namely means of funding civil litigation. The book concentrates in particular on third party funders, who are also referred to as litigation funders. The book recounts the history of third party funding both before and after the 2013 reforms. It looks at the position in several overseas jurisdictions. There is also discussion of other means of funding litigations, such as conditional fee agreements (CFAs) and damages based agreements (DBAs). The author rightly draws attention to problems with the present DBA regulations."--Foreword.



How David Beats Goliath

How David Beats Goliath Author Michael J. Swanson
ISBN-10 1599322501
Release 2011-08
Pages 142
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How David Beats Goliath: Access to Capital for Contingent-Fee Law Firms addresses a little-known but critical flaw in America's system of justice. Average citizens and workers who have been injured or wronged through negligence or malfeasance are guaranteed their day in court. In practice, however, this bedrock legal right is compromised. The problem is a paucity of fair and reasonable funding for expenses incurred in the bringing of personal-injury and other lawsuits. Writing for trial attorneys who represent middle-class or even indigent clients, author and finance expert Michael J. Swanson outlines this complex problem in a clear and lucid book that every dedicated trial lawyer should own. “By temperament, training and the long traditions of their profession, contingent-fee lawyers often fail to maximize the business needs of their practices,” says Swanson, “They especially fail to understand and control the cost of their capital structure.”



Entrepreneurial Litigation

Entrepreneurial Litigation Author John C. Coffee
ISBN-10 9780674736795
Release 2015
Pages 307
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In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.



Review of Civil Litigation Costs

Review of Civil Litigation Costs Author Rupert M. Jackson
ISBN-10 0117064033
Release 2010-01-01
Pages 371
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In January 2009 the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost. Sir Rupert's preliminary report, published in May 2009, is the product of fact-finding, research and investigations over a four-month period and serves to establish: how present costs rules operate and how they impact on the behaviour of both parties and lawyers; the effect case management procedures have on costs and whether changes in process could bring about more proportionate costs; a comparison for the costs regime for England and Wales with those operating in other jurisdictions. This report was published online in May 2009, beginning a period of consultation. The final report (ISBN 9780117064041) is released alongside this printed version of the preliminary report and contains extensive cross-references to it.



Alternative Litigation Financing in the United States

Alternative Litigation Financing in the United States Author Steven Garber
ISBN-10 0833049909
Release 2010
Pages 50
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Alternative litigation financing (ALF)--also known as "third-party" litigation financing--refers to provision of capital by parties other than plaintiffs, defendants, their lawyers, or defendants' insurers to support litigation-related activity. This paper describes the ALF industry as of early 2010 and discusses the legal ethics, social morality, and, especially, potential economic effects of ALF.



Poetic Justice

Poetic Justice Author J. D. DuPuy
ISBN-10 0989140105
Release 2013-05
Pages 100
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The perfect gift for the lawyers in your life -- for law school graduation, birthdays, firm holiday gifts, retirement, or just because. More than 70 vignettes from life in the practice of law are rendered here as wryly humorous poems. Each one stands alone as the sort of snapshot one lawyer might forward along to another for a laugh or a knowing nod. Together, they comprise a collection to be treasured by anyone who has lived through law school, first jobs, thrilling victories, eye-opening disappointments, and the lifestyle particular to this career choice. This book is not about laughing at lawyers. It's about laughing with them. It's for everyone who's in on the joke: Everyone who has witnessed the madness and met the quirky characters in this field. Everyone who, even just for a second, has wondered if they should have gone to medical school, culinary school... anything other than law school. Everyone who has ever sat down at the end of an evening and thought, "No one would even believe me if I told them about my day." We believe you. Editorial reviews: "In many of the poems, the authors capture perfectly the oddities of law practice and law school. 'Sisterhood' may be one of the most insightful poems that could be enjoyed within any profession. These poems... took the mundane and made it soar." - Arizona Bar Association "A book of candid truths and palpable honesty, with a sincerity that can only come from experience." - North Carolina Bar Association "A must-read for lawyers persisting in long-term practice who like to keep it light, who continue to muse on the sometimes bizarre world in which a lawyer finds himself or herself, and who simply enjoy a good poem." - Colorado Bar Association Featured on Above the Law and Bitter Lawyer. Named the SmallLaw Pick of the Week by TechnoLawyer. (Authors donate a portion of book proceeds to WomensLaw.org, The WomensLaw Project of the National Network to End Domestic Violence.)



The Foundations and Future of Financial Regulation

The Foundations and Future of Financial Regulation Author Mads Andenas
ISBN-10 9781135043377
Release 2013-11-20
Pages 544
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Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.



Torts Personal Injury Litigation

Torts  Personal Injury Litigation Author William Statsky
ISBN-10 9781401879624
Release 2010-08-26
Pages 768
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TORTS: PERSONAL INJURY LITIGATION, 5TH EDITION, will provide your students with a comprehensive guide to the law of torts. This fifth edition extends the discussion of paralegal roles within tort litigation and examines the ethics of attorney solicitation. A comprehensive checklist, which includes definitions, defenses, relationships, paralegal roles and research references, is provided for each tort presented. This checklist will provide your students with an overview of information and serves as an on-the-job refresher. Over forty pertinent case studies are included, allowing your students to examine important court opinions. Among the controversial issues discussed in these court opinions are AIDS, the Oklahoma bombing, computer torts, assistance to the homeless, billion dollar verdicts and settlements, biomedical research and the alleged tort committed by President Clinton that became part of his historic impeachment and Senate trial. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.



Private Enforcement of Antitrust Law in the United States

Private Enforcement of Antitrust Law in the United States Author Albert A. Foer
ISBN-10 9780857939609
Release 2012-01-01
Pages 395
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Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.



Third Party Funding in International Arbitration

Third Party Funding in International Arbitration Author Lisa Bench Nieuwveld
ISBN-10 9041161112
Release 2017-10-18
Pages 255
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About this book: Third-Party Funding in International Arbitration expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users who may wish to tap into and make use of this distinctive funding tool. Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. The second edition includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on third-party funding and how third-party funding is being incorporated into arbitral rules and investment treaties. What's in this book: Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: payment of adverse costs; "Before-the-Event" and "After-the-Event" insurance; attorney financing: pro bono representation, contingency representation, conditional fee arrangements; loans; ethical doctrines affecting the third-party funding industry; possible future bundling, securitization, and trading of legal claims; the risk that the funder may put its own interests ahead of the client's interests; and whether the existence of a funding agreement must or should be disclosed to the decision maker. This updated book is well written and covers an interesting, topical, and previously unexplored aspect of international arbitration, and it concludes with observations regarding third-party funding in international investment arbitration and predictions regarding the future of the third-party funding industry worldwide. How this will help you: This book ensures appropriate legal knowledge of worldwide jurisdictions' treatment of third-party funders and proceeds confidently through the maze of unresolved ethical considerations that arise when third-party funding is involved. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.



A Comparative Study of Funding Shareholder Litigation

A Comparative Study of Funding Shareholder Litigation Author Wenjing Chen
ISBN-10 9789811036231
Release 2017-04-25
Pages 264
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This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.



Human Rights Obligations of Business

Human Rights Obligations of Business Author Surya Deva
ISBN-10 9781107036871
Release 2013-11-21
Pages 452
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This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.



Lawyer Barons

Lawyer Barons Author Lester Brickman
ISBN-10 9781139497183
Release 2011-01-31
Pages
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This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic governance. Contingency fees are the way personal injury lawyers finance access to the courts for those wrongfully injured. Although the public senses that lawyers manipulate the justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.



Model Rules of Professional Conduct

Model Rules of Professional Conduct Author ABA Center for Professional Conduct
ISBN-10 1604425172
Release 2009
Pages 209
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The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.



Public Wrongs Private Actions

Public Wrongs  Private Actions Author Jean-Pierre Brun
ISBN-10 9781464803734
Release 2014-10-24
Pages 156
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Over the last decade, the topics of corruption and recovery of its proceeds have steadily risen in the international policy agenda, with the entry into force of the United Nations Convention against Corruption (UNCAC) in 2005, the Arab Spring in 2011, and most recently a string of scandals in the financial sector. As states decide how best to respond to corruption and recover assets, the course of action most often discussed is criminal investigation and prosecution rather than private lawsuits. But individuals, organizations, and governments harmed by corruption are also entitled to recover lost assets and/or receive compensation for the damage suffered. To accomplish these goals of recovery and compensation, private or 'civil' actions are often a necessary and useful complement to criminal proceedings. This study explores how states can act as private litigants to bring lawsuits to recover assets lost to corruption.



Thinking Like a Writer

Thinking Like a Writer Author Stephen V. Armstrong
ISBN-10 1402411286
Release 2009
Pages 427
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Thinking Like a Writer: A Lawyer's Guide to Effective Writing and Editing gives you the specialized knowledge and techniques to draft clear and compelling legal documents, no matter how complicated the issues involved.