On April 15, 2024, Legal Director Ross Weiner attended the annual International Legal Finance Association (ILFA) conference at the historic Morgan Library in New York City.  The conference was replete with interesting panels, great conversation, and a chance to talk litigation finance in an idyllic setting.  Below are three insights gleaned:

• One of the biggest shifts in the litigation funding space is pairing certain types of funding with insurance.  This has dramatically changed the funding underwrite, which requires less of a focus on the underlying action and more of an underwrite of the insurer and whether it will pay if the case results in a loss.
• Don’t be penny wise and pound foolish.  When it comes to retaining law firms using an AFA (alternative fee arrangement), you need to ensure the arrangement is win-win and avoid a scenario where your case becomes a drag on the law firm.  You want everyone rowing together.
• With respect to patent licensing campaigns, duration is always longer than you think, and the more fragmented the market, the more risk associated with the campaign.