TY - JOUR
AU - Huntriss, Fiona
AB - Capital Markets Law Journal, Vol. 10, No. 2 135 Natasha Harrison* and Fiona Huntriss** Key points Many of the world’s most successful hedge funds proactively use litigation to create opportunities and value and to protect against and mitigate risk. This approach, when properly deployed, brings a discipline to the markets. It forces the hand of defaulting corporates, it holds states accountable and it marshals the most protected of institutions in the financial markets—the English trustee. Litigation and litigation rights are, therefore, an emerging asset class—one that is gaining growing recognition in the market. The origins lie in the distressed debt markets and this article considers how this value arises by using three worked examples: Iceland, Argentina and Elektrim. The litigation market, in England, the USA and elsewhere, is changing. Hedge funds and other investment funds are emerging as sophisticated litigators, viewing litigation as an asset, which can create value and mitigate risk, rather than something to be avoided or feared. These funds are disciplined and rigorous in their approach. They do not engage in frivolous or unmeritorious litigation, recognizing that their credibility is the key. Instead, they build comprehensive legal strategies, which are flawlessly executed. As a consequence, both 
TI - Hedge funds and litigation: a brave new world
JF - Capital Markets Law Journal
DO - 10.1093/cmlj/kmv023
DA - 2015-04-04
UR - https://www.deepdyve.com/lp/oxford-university-press/hedge-funds-and-litigation-a-brave-new-world-saevVg0g2Z
SP - 135
EP - 141
VL - 10
IS - 2
DP - DeepDyve
ER -