Avoiding pitfalls as litigation finance takes off

Boris Ziser of McDermott Will & Schulte and Rebecca Berrebi of Litigation Finance Advisors warn that as litigation finance activity accelerates in 2026 amid new capital inflows and evolving regulation, deals most often fail due to breakdowns in trust, misunderstandings over economics and obligations, and delays, making early transparency, clear term sheets, disciplined timelines, and regulatory awareness critical to successful funding transactions.

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