Product Description

Third-party litigation funding (TPLF) is slowly reshaping civil litigation, enabling access to justice while raising critical ethical and strategic challenges. This program equips attorneys with the tools to navigate TPLF in commercial disputes, mass torts, and intellectual property cases. Explore TPLF’s mechanics, its growing impact, national trends, and Massachusetts-specific considerations, incorporating insights from 2024-2025 regulatory and judicial developments

Participants also gain insight into national trends, including ongoing transparency debates, foreign funding concerns, and how these issues may play out in Massachusetts practice. The program highlights strategies for advising clients on both the benefits and risks of litigation funding, from risk mitigation to potential reductions in recovery or conflicts of interest. Attendees learn practical approaches for navigating cases involving TPLF, such as how to counter funder-backed opponents in settlement negotiations and courtroom proceedings.

Agenda & Materials

• 3:00pm - 3:05pm

  Welcome and Introduction

  J. Nathan Cole, Esq., Cole Law Partners , Boston
  
• 3:05pm - 3:20pm

  Plaintiff Strategies: Evaluate TPLF Agreements to Maximize Client Recoveries While Ensuring Compliance with Massachusetts Rules of Professional Conduct

  J. Nathan Cole, Esq., Cole Law Partners , Boston
  Erin K. Higgins, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP , Boston
  Greg McPolin, Esq., Burford Capital LLC , New York
  Victoria M. Santoro, Esq., Santoro & Gray , Boston
  
• 3:20pm - 3:40pm

  Defendant Strategies: Anticipate and Counter TPLF-Backed Litigation Tactics, such as Prolonged Cases or Inflated Settlement Demands

  Panel
  
• 3:40pm - 4:00pm

  Practical Scenario: Analyze a Hypothetical Massachusetts Dispute Involving TPLF, Followed by an Interactive Q&A

  Panel
  

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Chair

Faculty