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Houston, Litigation Finance Is Lifting Off – Above the Law

Back
in
September
of
last
year,
I

reiterated

my
exhortation
“that
any
IP
lawyer
practicing
today
needs
to
get
educated
quickly
on
litigation
finance”
in
a
column
highlighting
the
agenda
of
a
then-upcoming
litigation
finance
conference.
The
need
for
increased
education
on
litigation
finance
remains,
for
both
in-house
counsel
and
law
firms,
especially
in
light
of
this
week’s
RPX
newsletter
stating
that
RPX
has
identified
over
30
funded
patent
litigation
campaigns
in
2021
via
publicly
available
information.
That
number
is
a
significant
reflection
of
the
growing
role
litigation
finance
has
in
patent
monetization
efforts

and
we
can
be
sure
that
many
more
funded
cases
exist
where
the
role
of
the
funder
has
not
yet
been
publicly
disclosed.

An
effective
way
for
folks
interested
in
litigation
finance
to
get
a
cutting-edge
education
in
the
area
would
be
to
attend
a
conference,
but
that
can
be
a
challenge
if
travel
is
required
to
do
so.
While
the
industry
has
seen
significant

conferences

take
place
on
both
coasts
in
the
past
few
months,
it
is
nice
to
see
that
an
ambitious

agenda

has
been
set
for
a
major
new
litigation
finance
event,
scheduled
for
early
March
in
Houston.
Put
differently,
it
is
nice
to
see
that
those
interested
in
litigation
finance
may
have
access
to
a
conference
closer
to
home,
especially
with
the
continued
travel
challenges
posed
by
the
pandemic.
But
even
coastal
denizens
would
do
well
to
consider
attending
this
particular
conference,
considering
the
quality
and
breadth
of
the
content
on
offer.

Styled

LITFINCON
,
the
event
promises
to
help
explore
the
topics
of
interest
for
litigation
finance
as
2022
gets
underway.
As
the
glimmers
of
a
post-pandemic
world
start
to
take
root
in
our
professional
consciousness,
there
is
no
doubt
that
2022
will
be
a
pivotal
year
for
the
litigation
finance
industry,
both
in
terms
of
continuing
to
develop
investment
opportunities,
as
well
as
in
terms
of
starting
to
show
existing
participants
results
from
investments
made
to
date.
Attendees
at
LITFINCON
can
safely
expect
frank
discussion
on
the
successes
and
areas
for
improvement
of
this
burgeoning
sector,
along
with
a
jam-packed
agenda
and
diverse
speaker
roster.
(Myself
included,
on
the
topic
of
why
corporate
legal
departments
should
consider
litigation
finance,
which
dovetails
nicely
with
the
extensive
work
I
have
been
doing
on
the
patent
monetization
front

work
that
often
brings
together
corporate
legal
departments
and
litigation
funding
partners.)

In
addition
to
the
networking
opportunities

including
access
to
a
robust
and
aggressive
Texas-based
investor
ecosystem

attendees
at
LITFINCON
will
also
benefit
from
getting
insights
from
one
of
the
most
important,
yet
seldom-heard
from,
groups
impacted
by
the
rise
of
litigation
finance
in
the
United
States

jurists.
It
is
fitting
that
a
panel
of
active
federal
and
state
judges
will
help
kick
off
the
conference,
sharing
their
insights
on
what
litigation
finance
means
for
them,
both
in
terms
of
conducting
cases
before
themselves
and
with
respect
to
broader
questions
of
access
to
justice.
That
panel
is
followed
by
a
full
afternoon
of
discussion
on
how
law
firms
and
corporate
legal
offices
can
and
should
be
accessing
litigation
funding,
including
a
closer
look
at
diligence
best
practices
and
a
forward-looking
discussion
on
how
litigation
finance
will
continue
to
develop
as
an
asset
class
over
the
next
few
years.
In
short,
LITFINCON’s
Day
One
is
packed
with
content.

Day
Two
promises
more
of
the
same,
with
an
emphasis
on
the
financial
side
of
litigation
finance.
From
an
opening
panel
on
why
litigation
finance
continues
to
enjoy
a
reputation
as
an
attractive,
uncorrelated,
asset
class,
to
a
discussion
of
what
impact
the
secondary
and
public
markets
could
have
on
litigation
finance,
there
should
be
a
lot
to
dig
into.
With
litigation
funders
stepping
into
the
role
of
at
least
quasi-clients
for
litigators
and
their
firms, 
it
is
as
important
as
ever
that
those
same
lawyers
gain
a
deeper
understanding
of
how
litigation
finance
works
as
an
asset
class.
Here
again,
the
old
tenet
about
the
importance
of
understanding
their
client’s
business
is
just
as
applicable
for
lawyers
working
with
litigation
funders
as
it
is
for
those
lawyers
working
with
their
legacy
clients.
And
a
key
part
of
understanding
the
business
of
litigation
finance
is
getting
a
handle
on
the
investor-facing
side
of
things,
not
only
the
litigator-facing
side.
Rounding
out
the
day
are
an
important
discussion
around
the
value
that
litigation
finance
brokers
can
add
to
a
deal,
as
well
as
a
look
at
the
impact
that
crypto
and
other
technologies
can
have
on
the
litigation
finance
market.
And
for
those
interested
in
starting
their
own
litigation
funds,
the
closing
panel
on
fund
formation
should
be
a
must-listen.

Ultimately,
LITFINCON
will
surely
be
a
few
days
well-spent
for
attendees
and
presenters.
The
discussions
around
litigation
funding
are
important
ones,
irrespective
of
whether
you
represent
plaintiffs
looking
for
funding,
do
support
work
for
funders
on
diligence,
or
represent
defendants
that
may
be
targeted
in
funded
cases.
For
those
who
can
attend,
participation
in
LITFINCON
should
be
a
worthwhile
investment
of
time
and
attention.
Registration
remains

open
,
and
if
you
do
make
it,
please
make
sure
to
say
hello.

Please
feel
free
to
send
comments
or
questions
to
me
at
gkroub@kskiplaw.com
or
via
Twitter:

@gkroub
.
Any
topic
suggestions
or
thoughts
are
most
welcome.




Gaston
Kroub
lives
in
Brooklyn
and
is
a
founding
partner
of




Kroub,
Silbersher
&
Kolmykov
PLLC
,
an
intellectual
property
litigation
boutique,
and 
Markman
Advisors
LLC
,
a
leading
consultancy
on
patent
issues
for
the
investment
community.
Gaston’s
practice
focuses
on
intellectual
property
litigation
and
related
counseling,
with
a
strong
focus
on
patent
matters.
You
can
reach
him
at 
gkroub@kskiplaw.com or
follow
him
on
Twitter: 
@gkroub.