Last week I had the pleasure of attending a vibrant, comparative conference titled, simply, Commercial Litigation Funding Conference hosted by Windsor Law and organized by Prof. Jasminka Kalajdzic. One of the speakers, Ralph Sutton, the Chief Investment Officer of Bantham Capital (a subsidiary of IMF (Australia)), described a mechanism for aligning incentives quite different than the one suggested in the model contract. Sutton suggested requiring the plaintiff to remain responsible for a percentage...
