Collectability risk has become a major focus of litigation finance as a result of the increasing number of financial institution collapses. As such, collectability risk is being assessed as rigorously as legal risk, and many anticipate a corresponding growth in demand for asset recovery and enforcement funding.

Join us as we talk through the newest methodologies for assessing collectability in the context of litigation funding, such as:

• 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