April 4, 2023
On April 12, 2022 at 1 pm EDT, Practising Law Institute (PLI) will host a 1-Hour CLE webinar featuring a conversation between Validity's Director of Risk Analytics, Joshua Libling; Ashton Batchelor, Chief Value and Analytics Officer at Robins Kaplan; and Alex Macdonald, Chief Strategy Officer for McCarter & English. The panel will focus on "Putting a Value on Litigation: The Why and the How."
Litigation is expensive, time consuming and disruptive to business operations, which is why it has traditionally been seen by corporations and their lawyers as a liability. Increasingly, however, savvy in-house counsel are realizing that it can also be an asset. Especially as the market tightens, more companies have begun to think creatively about litigation’s potential upside. To successfully pursue, or defend against, a claim, it is crucial to understand how to value the litigation in which you’re investing. At the most basic level, you need to know whether to accept or reject a settlement offer. But even before you get there, the client’s expected outcome should be aligned with the expected fees, costs, and time they invest. Similarly, a plaintiff litigator’s contingent or success fee should be worth their investment of time and any foregone hourly fees—even a purely hourly arrangement, on the plaintiff or defense side, should be aligned with the case’s expected value. And a litigation funder making direct payments to support the litigation needs to believe that the returns will support the investment.
Clients, lawyers, and funders, therefore, all have to value litigations. But how? The uncertainties of litigation have often left that conversation simple and surface level. This program will explore how that process can occur in a more robust way, the opportunities that get opened up when litigation is valued properly, and how to structure a litigation to take advantage of and unlock that value.
The panel will cover the following topics:
Why value litigation?
- What types of matters are more susceptible to being valued?
- How does the process of valuing litigation help clients?
- How does the process of valuing litigation help law firms and lawyers?
How to value litigation?
- What factors are considered when valuing a litigation?
- How do you think about what you don’t know when valuing a litigation?
- How do you incorporate your own values and risk tolerance into the value of a litigation?
How to structure litigation?
- Which structures or fee arrangements fit with different value models and risk tolerances?
- How do you unlock the value in litigation that you might be missing?
- How do all the players in the litigation industry best work together to unlock the value of litigation?
For more information and to register, click here to access PLI's website.