The litigation funding landscape remains highly active as more legal and corporate companies turn to litigation finance in resolving disputes. Significantly, several risk issues were opened because of the absence of clear regulatory guidance for the effective use of litigation finance. The ongoing pandemic has also added to the complexity of this area.

With these and other risk issues, it is of utmost importance for companies and their counsel to be on top of every development and update in this area of law. They must also be more proactive in looking for effective practices to maximize the use of litigation funding while ensuring effective management of legal risks and pitfalls.

In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth discussion of the recent and emerging trends in litigation funding. They will also present the critical considerations for lawyers and their clients as well as offer the best practices essential to effectively manage emerging legal issues.

Some of the major topics that will be covered in this course are:

  • Litigation Funding – A Legal Primer
  • Recent Trends and Developments
  • Common Risks and Pitfalls
  • Best Practices
  • What Lies Ahead


Course Level



Advance Preparation:

Print and review course materials


Method of Presentation:

Live Webcast



General knowledge of Litigation


Course Code:



NY Category of CLE Credit:

Areas of Professional Practice


Total Credit:

1.5 CLE


How to Claim CLE Credits Per State:

CLE State Requirements:

Speaker Panel:

Joshua J. Libling, Portfolio Counsel
Validity Finance, LLC

As Portfolio Counsel in Validity’s New York office, Joshua works closely with clients and other investment team members to evaluate cases and identify funding solutions that work for a variety of complex litigation scenarios. Joshua is a member of the Minorities in the Profession Committee for the New York City Bar Association.

Prior to joining Validity, Joshua was Counsel and Pro Bono Coordinator at Boies Schiller Flexner where his practice centered around complex commercial and appellate litigation. Joshua has broad experience in antitrust and securities suits, government investigations (for both private and government clients), contract disputes, and multistate class actions. He has been involved in some of the country’s highest profile and highest stakes litigation and has worked extensively on appellate matters before the U.S. Supreme Court, the U.S. Court of Appeals for the Second and Fifth Circuits, the New York First and Second Departments, and the Superior Court of Pennsylvania.

Nicholas P. Hurzeler, Partner
Lewis Brisbois Bisgaard & Smith LLP

Nicholas Hurzeler is a partner in the New York office of Lewis Brisbois and a vice chair of the Appellate Practice. With a strong record of success, Mr. Hurzeler focuses much of his practice on briefing and arguing appeals in the First and Second Departments of New York’s Appellate Divisions. In addition to his appellate work, Mr. Hurzeler also handles extensive motion practice for a variety of complex general liability matters, including in the areas of insurance, negligent security, and most recently, COVID-related litigation involving issues of first impression. Nick also focuses on products liability. He is a member of the firm’s lithium battery practice group and has extensive experience defending asbestos exposure matters. Mr. Hurzeler maintains a diverse client base, consistently winning high-stakes appeals and motions on behalf of various types of entities.

Collin J. Cox, Partner
Gibson, Dunn & Crutcher LLP

Collin is a business trial lawyer who represents plaintiffs and defendants in high-stakes commercial cases. He has been a lead trial lawyer in computer software trade secrets cases, several actions related to the Bernard L. Madoff fraud, royalty disputes, patent litigation, and other business crisis situations. In each of his representations, Collin prides himself on his ability to get to the heart of a complex matter, making everything as simple as possible, but not simpler (to quote Einstein), to tell a winning story to a jury or judge.


Joshua J. LiblingPortfolio Counsel

Validity Finance, LLC

  • Increased Funding at Large Firms. One of the biggest changes in the last year or so in funding is that the largest, most defense-oriented, and often most conservative firms have embraced funding as a part of their business plan. We will discuss the reasons for this and likely consequences.
  • Changing Rules in Court. The longstanding trend towards protecting funding materials from disclosure and accepting funding as a valid part of the business of litigation continues apace among the Courts. We will discuss two notable developments, the District of New Jersey’s new disclosure rule, and Arizona’s and Utah’s rule change to permit non-lawyer firm ownership.
  • Diversification of Funder Types. We will discuss some of different types of funders out there and how that affects different practice groups or lawyers seeking funding.
  • Modelling & the Business of Being Funded. All of these developments are pushing lawyers to be more sophisticated in how they approach the business of litigation and that means more time with models or financial concepts. We’ll talk about demystifying that and its impact on individual lawyers and law firms.

Nicholas P. HurzelerPartner

Lewis Brisbois Bisgaard & Smith LLP

  • There are numerous reasons why defense counsel should have access to detailed discovery about a plaintiff’s litigation funding
  • The question becomes, is litigation funding is discoverable? The answer is that it varies state by state, and federal court to federal court
  • Discuss the status of pending legislation to compel litigation funding transparency, including the federal Litigation Funding Transparency Act of 2021 sponsored by Chuck Grassley
  • Discuss which states currently have statutes mandating disclosure of litigation financing – identity of funding company and terms of agreement
  • For those states where no such statutes have been passed yet, discuss strategies to compel litigation funding disclosure, and which questions to ask at depositions to support a motion to compel disclosure later in the case.

Collin J. CoxPartner

Gibson, Dunn & Crutcher LLP

Date & Time:

Monday, October 04, 2021

12:00 pm to 1:30 pm (ET)

A recording will be available to view 24-48 hours after the live date.


Coming Soon.

Please check back again later.

Who Should Attend:

  • Litigation Attorneys
  • Trial Attorneys
  • Litigation/Arbitration Funders
  • Hedge Funds & Private Equity Firms
  • In-house Counsel
  • Litigation Support Staff


Joshua J. LiblingPortfolio Counsel
Validity Finance, LLC
Nicholas P. HurzelerPartner
Lewis Brisbois Bisgaard & Smith LLP
Collin J. CoxPartner
Gibson, Dunn & Crutcher LLP



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