Litigation finance, the non-recourse funding of the cost of pursuing a legal claim by a third-party – win or lose – is a multi-billion-dollar global industry which has come of age over the past 20 years. It now provides a reliable financial tool and risk management option for the US construction industry from mediation through arbitration or jury trial - for single claims, claim portfolios, and for joint venture claims from $10-15,000,000 and up. The goal of litigation finance is to provide both liquidity and ‘budgeting certainty’ for a claimant’s finance and legal departments in order to pursue worthy claims.
- Discuss why litigation finance may be an option to pursue a claim during COVID-19 and beyond.
- Explain the core elements and math of litigation finance.
- Identify how the claimant should expect the funder to work on a fully confidential and ‘arm’s length’ basis with the claimant’s existing counsel and expert/consulting team.
James G. Zack, Jr.
James Jack Consulting, LLC
James is the Executive Director of Navigant's Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. He is the former Executive Director of Corporate Claims Management at Fluor Corporation; Vice President of PinnacleOne; and senior construction claims consultant at CH2M HILL, Inc. With more than 40 years’ experience James is a recognized expert in mitigation, analysis and resolution or defense of construction claims.
Ernest C. Brown, P.E., Esq.
Mediator, Arbitrator, and Special Master
Earnest Brown & Company
For more than 30 years, Ernest Brown has developed a nationally recognized practice focused on the construction, government contracts and public infrastructure, aviation, insurance coverage, engineering and manufacturing, and real estate industries and the variety of legal issues facing those in that industry.
Laina Hammond Miller, Esq.
Investment Manager & Counsel
Validity Finance, LLC - Houston
As head of Validity’s Houston office, Laina Hammond leverages her extensive litigation experience to partner with leading trial attorneys to help clients manage risk. Laina and her Validity team work on the cutting edge of commercial litigation funding – investing in both individual cases and law firm case portfolios. In her role, Laina handles everything from finding the right cases to structuring the financial terms of Validity’s investment and monitoring the case through the course of litigation.
Douglas E. Johnston, Jr.
Founder & Manager - Five Management, LLC
Litigation Support and Litigation Finance. Investigative Consultant in Banking, Lending, Private Equity, and Due Diligence. Former CEO/COO/EVP/Senior Executive in successful Commercial Banking (19 years) and Mergers & Acquisitions entities (10+ years) with daily responsibilities in Management, Finance and Operations. Numerous articles published on equity finance, lending, interest rates and precious metals.
Executive Director and Senior Counsel for ConsensusDocs
AGC of America
Brian Perlberg is Executive Director and Senior Counsel for ConsensusDocs, a coalition of 40+ construction organizations dedicated to drafting best practice construction contracts. Mr. Perlberg serves on the ABA Forum on the Construction Industry Steering Committee for the Contract Documents, National Construction Dispute Resolution Committee (NCDRC) of the Arbitration Association of America (AAA), the Advisory Board to Construction SuperConference, and WPL Publishing.
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