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Litigation Finance

Lake Whillans

Lake Whillans is a commercial litigation finance firm providing funding for companies in litigation or arbitration.

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Litigation Finance

Marla Decker in Lake Whillans

Mar 8, 2017

Litigation Finance Ethics Primer

Lake Whillans recently partnered with Above the Law and conducted a survey on litigation finance to learn details on who is using it, impressions of their experience, who isn’t using it and why.

Marla Decker in Lake Whillans

Feb 21, 2017

Racing to The Start Line: Singapore & Hong Kong Take Steps To Permit Third Party Funding

We, at Lake Whillans, recently wrote on the evolution of litigation finance around the globe. Parties to arbitrations have played a significant role in that evolution, being some…

Marla Decker in Lake Whillans

Dec 20, 2016

How-To Win Clients and Influence Funders: A 2-Part Series

Part II: Influencing Funders

In Part I of this series, I shared observations from my vantage point as a litigation funder on what works when pitching to potential clients. In this Part II, I will share my…

Marla Decker in Lake Whillans

Oct 3, 2016

UK High Court Affirms Arbitral Ruling that Party Can Recover Litigation Finance Costs

Arbitration continues to grow in popularity as a method of dispute resolution and I am often asked if Lake Whillans will finance a claim to be pursued in arbitration. The answer is…

Marla Decker in Lake Whillans

Jun 7, 2016

Defend Trade Secrets Act of 2016

Many of the investments that we make at Lake Whillans involve supporting innovators and entrepreneurs who are seeking to protect trade secrets. We have found this group to be particularly vulnerable to more well-heeled competitors seeking to gain an unfair advantage in…

Marla Decker in Lake Whillans

Mar 15, 2016

Delaware Recognizes Distinction Between Litigation Finance and Champerty

Delaware, though relatively small in size and population, exercises great influence on our commercial legal system. Many companies are formed in Delaware, Delaware law is often selected to govern…

Marla Decker in Lake Whillans

Jan 27, 2016

Litigation Finance, a Success Story

More than five years after a small family-owned company based in England filed suit against U.S. construction machinery giant Caterpillar Inc. for breach of contract and trade secret misappropriation of its “Bug coupler” technology (specialized equipment used with…

Boaz Weinstein in Lake Whillans

Oct 27, 2015

Litigation Finance: Ethics Q & A

I recently had the pleasure of participating in a panel discussion on litigation finance hosted by the Association of Business Trial Lawyers in Ojai, Calif. The audience was engaged and asked a variety of questions, including many on ethical considerations related to…

Boaz Weinstein in Lake Whillans

Dec 19, 2014

Champerty, Maintenance, and Barratry

Champerty, maintenance, and barratry are related doctrines that trace their roots back to medieval England. The United States Supreme Court has succinctly described the three doctrines as follows: “Put simply, maintenance is helping another prosecute a suit…

Lee Drucker in Lake Whillans

Mar 22, 2016

Litigation Finance: Creating a Code of Conduct

In mature industries, there is usually a set of rules outlining best practices for individuals and organizations. In newly developing industries, however, best practices are less clear, and once established spread more slowly. In order to promote…