Hogan Lovells in Washington, D.C., Welcomes Karl Racine

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The first elected and independent Attorney General for the District of Columbia has joined the large international law firm Hogan Lovells as a litigation partner in the Washington office.

Miguel Zaldivar, Chief Executive Officer of Hogan Lovells, remarked, “Karl has been a national leader in a wide range of cutting-edge issues, including privacy, social media, AI, antitrust, competition, financial services, ESG, civil rights, consumer protection, labour and employment, food and drug safety, child safety, false claims, the environment, and government investigations. He brings so much to the table.”

“In a town chock full of good attorneys, Karl stands apart—for his leadership, competitiveness, and team play, all in service to winning for clients,” added Des Hogan, worldwide head of Hogan Lovells’ Disputes practise. State AG offices are on the rise and frequently discussed in the boardrooms and C-Suite. Karl will start our State AG practise in addition to collaborating closely with our litigation and white collar teams across the globe.

Our customers will be better able to navigate possibilities as well as dangers to their business goals thanks to Karl’s established credibility with other AGs and before several federal and state regulatory, enforcement, and investigative organisations with whom he has collaborated effectively.

A Leader in Our Community

According to Lillian S. Hardy, who is in charge of Hogan Lovells’ Crisis Leadership Team, “We’re thrilled to have him as a partner because he’s a leader in our community.”

In a variety of bet-the-company civil and white collar disputes and investigations, Racine will represent clients. With more than 30 years of expertise, Racine knows how to put together winning legal teams. He has represented clients at the highest level in civil, criminal, enforcement, and administrative disputes. He has also participated in several appeals.

Racine will oversee the newly rebranded AG practise for the company, bringing resources and expertise from across practises and offices.

Racine stated, “I have long respected the business and its genuinely outstanding legal team. I’ve chosen to work at Hogan Lovells because of the firm’s illustrious past, well-deserved reputation as a premier international law firm, and Miguel’s strategic direction for the company. The greatest is yet to come, and I’m eager to contribute to bringing it about.”

Respect and National Recognition

Racine has gained respect and national recognition for his achievements and leadership. He also held the position of Co-Chair of the partisan Attorney General Alliance Association from 2017 to 2022. Racine served as the Democratic Attorneys General Association’s co-chair from 2016 to 2020, a period during which the group saw electoral triumph, significantly increased diversity, and record-breaking funding.

After developing a renowned white collar and civil litigation practise, he became the first Black managing partner of a top 100 U.S. law firm. During the Clinton Administration, he also worked as an associate White House counsel. Earlier in his career, he was a D.C. public defender.

Racine has a long history of civic engagement in Washington, D.C. He has served on the boards of numerous non-profit institutions, including the Legal Aid Society of Washington and the Network for Victim Recovery of D.C. He moved to Washington, D.C. when he was three years old after being born in Haiti.

Racine received a B.A. from the University of Pennsylvania, where he captained the men’s basketball team, and a J.D. from the University of Virginia School of Law.

Understanding Litigation Funding: Empowering Legal Pursuits

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In the realm of legal battles, the cost of justice can often be a substantial obstacle for individuals and businesses seeking their rightful dues. This is where litigation funding emerges as a powerful solution. Litigation funding, also known as legal financing or third-party funding, has gained prominence as a means to level the playing field by providing financial support to plaintiffs in legal disputes. This article delves into the concept of litigation funding, its benefits, processes, and implications.

Section 1: What is Litigation Funding?

Litigation funding is a financial arrangement in which a third-party entity, known as a litigation financier, provides capital to plaintiffs involved in a legal case in exchange for a portion of the potential settlement or judgment amount. This allows plaintiffs, who might otherwise lack the financial means, to pursue their claims and access the justice system. The litigation funder assumes the financial risk by covering legal costs, and in the event of a successful outcome, they receive a predetermined share of the recovered amount.

Section 2: How Does Litigation Funding Work?

Litigation funding involves several key steps:

Case Evaluation: The litigation financier evaluates the merits and potential value of the legal case before deciding whether to provide funding. This assessment includes factors such as the strength of the case, potential damages, and the credibility of the plaintiff.

Agreement and Funding: Upon approval, a funding agreement is established between the plaintiff and the litigation financier. The agreement outlines the terms, including the percentage of the recovered amount that the funder will receive. Funds are then disbursed to cover legal costs, such as attorney fees, court fees, and expert witness expenses.

Legal Proceedings: The case proceeds as usual, with the plaintiff’s legal team representing them in court. The litigation funder typically does not interfere in the legal strategy but might monitor the case’s progress.

Outcome and Repayment: If the plaintiff wins the case or reaches a settlement, the recovered amount is distributed, with the litigation funder receiving their agreed-upon share. In case of an unsuccessful outcome, the funder typically bears the financial loss, as they do not recoup their investment.

Section 3: Benefits of Litigation Funding

Access to Justice: Litigation funding bridges the gap between those with limited financial resources and the legal system, ensuring that even the underprivileged can pursue valid claims.

Risk Mitigation: Plaintiffs are shielded from the financial risks associated with litigation. If the case is unsuccessful, they are not burdened with repaying the litigation funder.

Quality Legal Representation: Funding enables plaintiffs to hire reputable attorneys and experts, enhancing their chances of a favorable outcome.

Time and Effort: Litigation can be time-consuming and emotionally draining. With funding in place, plaintiffs can focus on their case without worrying about financial strain.

Section 4: Ethical and Legal Considerations

While litigation funding offers numerous advantages, it also raises ethical and legal questions. Some concerns include:

Conflict of Interest: Critics argue that litigation funding might compromise the plaintiff’s decision-making, as the funder’s interest in a substantial return could conflict with the plaintiff’s pursuit of justice.

Champerty and Maintenance Laws: In certain jurisdictions, archaic laws against champerty and maintenance (profiting from another’s lawsuit) might restrict or regulate litigation funding arrangements.

Transparency: Disclosure of third-party funding to the opposing party and the court is debated for its impact on fairness and transparency in legal proceedings.

Section 5: The Growing Popularity of Litigation Funding

The practice of litigation funding has witnessed significant growth in recent years. This rise can be attributed to:

Complex Legal Cases: As legal cases become more intricate, the costs associated with pursuing them escalate. Litigation funding offers a solution to manage these costs.

Corporate Litigation: Businesses are increasingly utilising litigation funding to manage legal expenses, especially in cases involving intellectual property, antitrust, and breach of contract.

Global Expansion: Litigation funding has expanded beyond traditional jurisdictions, making justice accessible worldwide.

Conclusion

Litigation funding has evolved from an innovative concept to a fundamental tool that empowers individuals and businesses to seek justice without financial constraints. By providing financial support, risk mitigation, and a path to quality legal representation, litigation funding is reshaping the legal landscape. As this practice continues to gain traction, a delicate balance between its benefits and ethical considerations must be maintained to ensure fairness and transparency in legal proceedings.

Sandler, Travis & Rosenberg Adds Senior DOJ Trial Attorney

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Sandler, Travis & Rosenberg is pleased to announce that Jason Kenner joined the firm on September 27, 2021, to head its litigation practice.

Over the last fourteen years Jason served in the Department of Justice as a Trial Attorney and then Senior Trial Counsel handling federal trial and appellate international trade litigation.

Jason Kenner

Jason Kenner

“Jason’s first-hand experience as a well-respected, seasoned litigator will allow the firm to build on our nearly half-century of successful international trade litigation,” said ST&R Operating Committee member Lenny Feldman.

“As federal agencies more aggressively enforce international trade laws, litigation has become an increasingly important and necessary tool in protecting our clients’ interests.”

At the Department of Justice, Jason served in the Civil Division, International Trade Field Office, and more recently on its Trade Fraud Task Force. As lead attorney in the trial and appeal of trade cases, he was responsible for formulating and executing litigation strategies, representing officials from, and decisions by, United States Customs and Border Protection, the Commerce Department, and other federal agencies.

He was responsible for all aspects of litigation in customs and trade-related matters, and for supervising the work of junior trial attorneys.

Jason holds a J.D. from St. Johns University School of Law and a B.A. in public justice from Oswego State University.

He has been admitted to the bar in New York state, the Court of International Trade, and the Court of Appeals for the Federal Circuit. He can be contacted by phone at (212) 549-0137 or via email at jkenner@strtrade.com.

Sandler, Travis & Rosenberg is a leading international trade, customs, export and trade policy firm with over sixty professionals and nine offices and fourteen additional locations.

The firm’s practice focuses on cross-border movement of goods: minimising risks, reducing and eliminating liabilities, decreasing cycle time, and anticipating and addressing problems in corporations, government agencies and courts of law.

Byron Pacheco Joins Litigation Practice Group

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Kirkland & Ellis law firm is pleased to announce that Byron Pacheco has joined the Firm as a partner in the Litigation Practice Group. He is based in the New York office.

Kirkland’s New York office includes approximately 650 attorneys, making it one of the largest law firms in New York and a destination practice for the world’s brightest legal talent.

Byron has experience representing clients in complex disputes, both at the trial court level and on appeal, in a variety of substantive areas, including antitrust, breach of contract, class actions, fraud, labour and employment and securities.

He also has experience handling government and internal investigations and has maintained a strong pro bono practice.

Earlier in his career, Byron clerked for judges in the Southern District of New York and the Northern District of California. Prior to law school, he was a researcher at Harvard’s Kennedy School of Government.

Byron is a member of the Puerto Rican Bar Association, and was a New York City Bar Association Associate Leadership Institute Fellow and a Leadership Council on Legal Diversity Pathfinder. He was also recently appointed to the Board of Directors of the Stonewall Community Foundation.

Byron Pacheco is an alumnus of Stanford Law School and earned bachelor’s and master’s degrees from Hamilton College and Harvard University, respectively. He was previously an associate with Boies Schiller Flexner.

Kirkland & Ellis is an American law firm. Founded in 1909 in Chicago, Illinois, Kirkland & Ellis is the largest law firm in the world by revenue and the seventh-largest by number of attorneys, and was the first law firm in the world to reach US$4 billion in revenue.

Kirkland aim to make a difference in their clients’ businesses and also in our community.