October 13, 2023
Evaluating legal risk is the bread and butter of litigation finance -- but as an increasing number of financial institutions come under financial strain and claimants fight over a shrinking pool of assets, collectability risk has become just as important a consideration. Kobre & Kim's Andrew Stafford KC, who focuses on international judgment enforcement and asset recovery, explores collectability in the context of litigation funding at C5's Fraud, Asset Tracing & Recovery conference in Paris during a panel at 2:45pm local time, October 26, 2023.
During the panel, "The Present and Future of Litigation Funding: How Funders are Revisiting Legal and Collectability Risks," Mr. Stafford KC will be joined by Paul de Servigny of IVO Capital Partners and Oliver Way of Harbour to explain the most effective methodologies for assessing collectability, including:
- Determining who the key stakeholders are by looking at the profile and motivations of the main decision-makers
- When claimants may be competing with other creditors over a limited pool of assets
- Examining which assets the respondent may hold in jurisdictions that may or may not be amenable to enforcement; and to what extent the assets are leveraged
- Finding out the nature and extent of any ongoing commercial operations of the respondent
- Accounting for the proposed enforcement plan if no voluntary payments are made at the conclusion of the litigation or arbitration