John J. Hanley

About John J. Hanley

Ninety percent of U.S. corporations are engaged in litigation at any one time. As a result, litigation funding exploded into a booming industry. Fortune 500 companies and smaller firms all seek litigation funding, in part, because the expenses of funding litigation need to be deducted from the company’s balance sheet which can quickly add up, meaning companies could see millions of dollars in “lost capital” from their balance sheets over the course of several years. Such businesses (plaintiffs or claimants) free up working capital from these constraints and have greater access to justice than they otherwise might. They may use the money not deployed to litigation to support new hires, research, and development or any other corporate goal.As an experienced attorney working in some of the most well-respected firms in the United States, I have concentrated my practice in the financial services industry. I have represented some of the most sophisticated financial institutions on Wall Street.As the litigation funding industry has grown so has my representation of both litigation funding companies and the under-represented claimants who are seeking money to help them in their lawsuits.Litigation Funders want: • The purchase of rights to litigation proceeds, to be treated as a “true sale” so the funder’s portion of litigation proceeds does not become part of the claimant’s bankruptcy estate in the event of an intervening filing. I help funders achieve true sale treatment by ensuring they adhere to a set of bespoke guidelines developed under present reported decisional authority and applicable statutes.• A security interest in litigation proceeds but funders do not want their litigation funding arrangements treated as loans (loans are subject to state usury laws).Companies and individuals who use litigation funding want:• To ensure they are getting fair “market” terms for their funding.• To ensure the third party funder remains a passive investor in the case.• Funding arrangements from due diligence, term sheet, underwriting, funding commitment, funding request, and funding to be treated confidentially under the work product doctrine (sometimes referred to as the work product privilege).I negotiate and structure litigation funding agreements, including financial terms (payment waterfalls), from inception (confidentiality agreements and term sheets) to funding (litigation funding agreements and funding requests) for all manner of claims.Attorney Advertising

Experience

1. Adjunct Professor

   DeSales University

   Oct 2020 — Present

   Legal Environment of Business

Education

• John Jay College (CUNY)

  Bachelor's Degree, Government

  1996

• Fordham University School of Law

  Juris Doctor (J.D.)

  2000

Skills

• Due Diligence
• Hedge Funds
• Intellectual Property
• Mergers & Acquisitions
• Dispute Resolution
• Corporate Governance
• Bankruptcy
• Commercial Litigation
• Asset Based Finance
• Real Estate
• Securities Regulation
• Securities
• Private Equity
• Legal Research
• Securities Litigation
• Civil Litigation
• Equities
• Arbitration
• Legal Writing
• Litigation