The Duval & Stachenfeld Real Estate Litigation Finance Initiative


If you have a high-stakes real estate dispute, you will undoubtedly want the best litigation counsel with a comprehensive understanding of real estate.  Having superior counsel is often the difference between winning and losing.  It can also be the difference between a quick and efficient resolution and an expensive, drawn-out conflict.   

These situations are tailor-made for the D&S litigation department, which has unmatched expertise in real estate cases.  See Real Estate Litigation.  D&S litigators also have a significant advantage in being able to rely on the insights of their colleagues who comprise one of the largest transactional real estate practices in New York City.   

The risks and costs of big ticket litigation, however, cannot be overlooked.  Parties often spend many millions litigating major disputes.  Because of these high costs and the uncertainty of results, real estate players may be reluctant to pursue meritorious claims, even claims potentially worth millions of dollars.

To give parties another option in managing their litigation risks and potential rewards, D&S has entered into a collaboration with a leading litigation finance firm.  Litigation finance is a burgeoning field of private equity pursuant to which pools of capital are raised to fund the sometimes incredible expense of litigation.  Although the specifics always vary, the litigation funder will generally agree to fund a portion (or even all) of the cost in return for an agreed-upon portion of the proceeds. 

Through a litigation finance agreement, D&S clients can put themselves in a better position to assess and pursue claims against wrongdoers.  By entering into a relationship with a funder, parties can reduce or eliminate a major litigation risk -- the cost of an unsuccessful case.  Litigation finance also aligns the economic incentives of the client, counsel, and funder so that each is encouraged to proceed  efficiently to a favorable disposition for their mutual benefit.          

To discuss litigation financing options with D&S, please contact one of the following D&S partners, who are spearheading this initiative:

                Brian A. Burns, bburns@dsllp.com, (212) 692-5547

                Joshua C. Klein, jklein@dsllp.com, (212) 692-5528

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