Ethical Considerations of Third-Party Litigation Funding in Commercial Litigation

Monday, November 17, 2025 | 6:00 pm – 7:00 pm

Format: Webinar

Program Chair:

Evan Fried
Slarskey LLC

• Description
• Faculty
• Agenda
• CLE Credit
• Sponsors

• Panelists will cover legal-ethical and practice topics concerning the third-party litigation funding in commercial litigation. Litigation finance is a hot topic in commercial litigation funding. The legal funding market in the United States has grown precipitously in the less than two decades since its inception to a multi-billion dollar market today. The practice has become more prevalent and the vast majority of AmLaw 200 firms have considered or used litigation finance. Likewise, the NYCBA has previously hosted CLE’s concerning litigation finance and the NYCBA’s various committees have issued advisory publications concerning various issues pertaining to funding. This CLE will provide valuable insight on the newest issues in litigation funding. We aim to traverse the most basic topics, discussed in past CLEs, and focus predominantly on innovation in legal funding and new developments in the legal-ethical framework and jurisprudence.

  Program Fee:
  $49 for Members | $149 for Nonmembers

• Professor Anthony J. Sebok
  Cardozo School of Law

  Patrick J. Dempsey
  Director of Commercial Litigation Strategy
  Certum Group

  Aviva Will
  President, Burford Capital LLC

  Boris Ziser
  Schulte Roth & Zabel LLP

• 6:00 pm – 6:05 pm
  Introductions & Program Overview
  Evan Fried
  
  6:05 pm – 6:15 pm
  Disclosure of Litigation Funding Arrangements:
  The present status taken by various courts, including those in New York, concerning the discoverability of third-party litigation funding arrangements. Discussion to include analysis of current propose rule-making and lobbying between the plaintiff/funding bars and the defense-oriented/insurance players.
  Panelists
  
  6:15 pm – 6: 30 pm
  Non-Attorney Ownership of Law Firms and Model Rule 5.4:
  Implications of Model Rule 5.4 (non-attorney ownership of law firms and attorney fee-splitting) as it pertains to litigation funding. Analysis of recent changes to the ethical framework to permit alternative business structures and how New York lawyers can associate with such structures.
  Panelists
  
  6:30 pm – 6:50 pm
  Insurance in Litigation Funding:
  Analysis of creative insurance products, such as wrapper financing, contingency insurance, and judgment preservation insurance, that may interact with third-party litigation finance. Discussion of how attorneys in New York should consider funding options as part of ethical duties to become reasonably abreast of developments in the law.
  Panelists

  6:50 pm – 7:00 pm
  Q&A/Program Wrap-up
  Evan Fried & Panelists

• New York: 1.0 Ethics
  New Jersey: 1.2 Professional Responsibility
  California: 1.0 Professional Responsibility
  Pennsylvania: 1.0 Professional Responsibility
  Connecticut: Available to licensed attorneys

• Sponsoring Association Committee:
  Litigation, Cassandra L. Porsch, Chair

  Sponsorship Opportunities are Available! Please Contact:
  Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org