2023 Chicago Conference on Litigation Finance
Please join the Center on Law and Finance, in sponsorship with Burford Capital and Alliant, at our 2023 Chicago Conference on Litigation Finance. This conference will be on Thursday, October 26, 2023 at the Gleacher Center in downtown Chicago.
This conference will explore the policy debates on litigation finance, the practical economics and management of litigation finance, and the biggest challenges that the field must address as it expands in years to come. If you have an substantive questions about the conference, please contact Tony Casey at ajcasey@uchicago.edu. If you have any logistical questions about the conference please contact Libby Seguin at eseguin@uchicago.edu.
Hotels and Travel
Hotels
The University of Chicago Law School has arranged for blocks of discounted hotel rooms at the following hotels. Block size is limited, with rooms offered on a first-come, first-serve basis. If you have any questions or need assistance with travel, please contact Libby Seguin at eseguin@uchicago.edu.
Omni
676 N Michigan Ave
Distance from Gleacher: 0.4 miles, 9 minute walk, 3 minute cab
Last Day to Book: 10/4/23, $219/night
Four Seasons
120 E Delaware Pl
Distance from Gleacher: 0.8 miles, 17 minute walk, 6 minute cab
This hotel block discount has ended.
To reserve a room, please call (312) 280-8400.
Loews Hotel Chicago
455 N Park Drive
Distance from Gleacher: 0.2 miles, 4 minute walk, 2 minute cab
Last Day to Book: 10/4/23, $249/night
Courtyard Chicago Downtown/River North
30 E Hubbard St
Distance from Gleacher: 0.4 miles, 8 minute walk, 3 minute cab
Last Day to Book: 10/4/23, $189/night
InterContinental
505 N. Michigan Avenue
Distance from Gleacher: 0.2 miles, 4 minute walk, 5 minute cab
Last Day to Book: 10/4/23, $229/night
Getting Around Chicago
Public Transportation
Chicago Transit Authority
Buses and trains in Chicago
(888) 968-7282
Metra Train
Train service between suburbs and downtown
(312) 322-6777 (weekdays)
(312) 836-4949 (weekends)
Recommended Chauffeur/Taxi Service
City Museums, Tours, and Other Attractions
2023 Chicago Conference on Litigation Finance
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Thursday, October 26
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Breakfast and Registration
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- Room 100
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Welcome Remarks
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- Room 100
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Panel 1: The Policy Debate
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- Room 100
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James Burnham, Vallecito Capital
Tony Casey, University of Chicago Law School
Maria Glover, Georgetown University Law Center
Michael Kelley, Parker Poe
Kathryn Spier, Harvard Law School
This panel will explore the policy considerations involved in the debate over third-party litigation funding. Panelists will discuss whether such funding expands access to legal representation, whether it influences the quality of cases brought, and whether it changes the dynamics of how cases proceed.
CLE Documents and Recommended Readings:
Alternative Litigation Finance and the Limits of the Work-Product Doctrine
Unsuitable Litigation: Oversight of Third-Party Litigation Funding
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Panel 2: Applications: Types of Cases and Types of Parties
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- Room 100
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Ronen Avraham, Tel Aviv University/Texas Law
Christopher Catalano, Burford Capital
Judge Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas
Leonard Gail, Massey & Gail
Joanna Shepherd, Emory University School of Law
This panel will discuss the settings in which third-party litigation funding might be employed. Panelist will discuss whether policy arguments differ across contexts. For example, is third-party litigation funding appropriate in commercial cases, bankruptcy cases, tort cases, and so on. The panel will also discuss the different considerations that arise depending on which party to the litigation is using the financing
CLE Documents and Recommended Readings:
The Mysterious Market for Post-Settlement Litigant Finance
The Business of Defense: Defense-Side Litigation Financing
An Empirical Investigation of Third Party Consumer Litigant Funding
Access to Justice Benefits From ‘Lawyer-Directed’ Litigation Finance Reproduced with permission. Published Feb. 25, 2020. Copyright 2023 by Bloomberg Industry Group, Inc. (800-372-1033)
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Lunch
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- Room 500
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Panel 3: The Nuts and Bolts of Litigation Finance
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- Room 100
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Marc Carmel, McDonald Hopkins
Craig Martin, Willkie Farr & Gallagher LLP
Alyx Pattison, Burford Capital
Benjamin Waldin, Eimer Stahl LLP
Judge Diane P. Wood, United States Court of Appeals for the Seventh Circuit
This panel will cover the nuts and bolts of third-party litigation funding. Topics will include diligence and underwriting processes, deal economics, monitoring tools, and questions about control.
CLE Documents and Recommended Readings:
The MDL Revolution and Consumer Legal Funding
Doing Due Diligence on Litigation Funders Reproduced with permission. Published January 2021. Copyright 2023 by Bloomberg Industry Group, Inc. (800-372-1033)
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Panel 4: The Connections Between Insurance and Litigation Funding
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- Room 100
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Tom Baker, University of Pennsylvania Carey Law School
Rebecca Berrebi, Avenue 33, LLC
Judge Stephanos Bibas, U.S. Court of Appeals for the Third Circuit
Jason Goldy, Alliant
Joseph Menning, HUB International
Brian Michalek, Saul Ewing LLP
This panel will examine the intersection between judgment insurance and third-party litigation financing. The panelists will discuss the use of judgment insurance as a form of litigation finance and discuss how its use can change the policy considerations and management of cases.
CLE Documents and Recommended Readings:
Commercial Litigation Funding and Social Inflation: A Non-Sequitur
Should the Law Preserve Party Control? Litigation Investment, Insurance Law, and Double Standards
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Panel 5: The Challenges of Litigation Finance
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- Room 100
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Chief Judge Colm F. Connolly, U.S. District Court for the District of Delaware
Kelly Daley, Burford Capital
William Marra, Certum Group
Anthony Sebok, Cardozo School of Law
Keith Sharfman, St. John's University School of Law
This panel will discuss the challenges facing the use of third-litigation funding going forward. One focus will be on court disclosure requirements—whether disclosure is appropriate and how it should best be handled. The panel will also discuss the related case law doctrines on champerty, maintenance, and barratry as well as other objections that have been raised to funding practices.
CLE Documents and Recommended Readings:
The Economic Case Against Forced Disclosure of Third Party Litigation Funding
Mandatory Disclosure Rules for Dispute Financing
Economic Conundrums in Search of a Solution: The Functions of Third-Party Litigation Finance
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Reception
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- Room 100
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Breakfast and Registration