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Eva Shang27 June 2024

Eva Shang on Litigation Finance Funds

3Frameworks
11Insights

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Frameworks in this episode

Insights & moments

The myth-busts, hot takes, explainers, and tools worth keeping.

Myth Buster· 1

Myth Buster46:26

What the McDonald's Coffee Case Reveals About Lawsuit Myths

Shang and Ritholtz use the famous McDonald's coffee case to illustrate how litigation is often reduced to misleading headlines. They emphasize that plaintiffs generally find lawsuits emotionally draining and that serious litigation usually reflects a substantial gap between the parties' expectations.

  • The coffee plaintiff suffered severe injuries from unusually hot coffee.
  • Popular retellings often omit facts that make a claim understandable.
  • Most people do not want the emotional burden of litigation.
  • A wider expectations gap makes prolonged litigation more likely.

“Most people do not want to be in litigation. It's not a fun place to be in”

Eva Shang · 47:02

“The reason that litigation happens is because of a gap in expectations between the plaintiff and the defendant.”

Eva Shang · 47:46
#legal myths#mcdonalds#litigation#settlements

Hot Take· 1

Hot Take20:01

Why Cohesive Teams Can Beat More Talented Bureaucracies

Shang argues that organizational cohesion matters more than maximizing the talent of every individual hire. Startups can defeat larger institutions because trust and shared direction preserve energy that bureaucracies lose to internal conflict.

  • Early hires shape later generations of hiring.
  • Trusted colleagues coordinate better under pressure.
  • Internal conflict consumes energy that could serve the mission.
  • Long employee tenure can compound culture and execution quality.

“the cohesion of an organization is so much more important than how talented the individual parts are.”

Eva Shang · 21:07

“there's so much internal energy that's spent fighting each other, and the lack of cohesion means that you can't all row the boat in the…”

Eva Shang · 22:19
#culture#hiring#teams#leadership

Explainer· 4

Explainer05:31

Why Litigation Finance Resembles a Contingency Fee

Litigation funding supplies legal capital to plaintiffs who may have strong cases but cannot afford years of proceedings. The financing is non-recourse: the funder loses its investment if the case fails but receives a negotiated share of a successful recovery.

  • Plaintiffs can run out of money long before trial.
  • Funders pay legal costs and monitor budgets.
  • The investment is not repaid when the litigation loses.
  • Legalist typically seeks 30% to 40% of a successful recovery.

“it is non recourse, which means that if we invest into litigation and it loses, then we don't get repaid.”

Eva Shang · 06:50

“we normally aim to take around thirty or forty percent of the case, depending on how long it goes for.”

Eva Shang · 07:06
#litigation finance#alternative credit#legal fees
Explainer26:07

Why Delaying a Lawsuit Can Be Economically Rational

A well-capitalized defendant may benefit from extending litigation even when it expects eventually to pay something. Delay can exhaust the plaintiff's resources and lets the defendant retain capital for years, while outside funding gives the plaintiff greater ability to reject a distressed settlement.

  • Delay can force an underfunded plaintiff into a low settlement.
  • Paying an obligation years later benefits the defendant financially.
  • Funding changes the bargaining dynamics of settlement.
  • Most funded cases still settle rather than reach trial.

“litigation finance allows them to hold out for what they're owed.”

Eva Shang · 26:30

“it's often in their best interest to draw out the litigation process”

Eva Shang · 27:18
#litigation#settlements#bargaining power#capital
Explainer29:02

Litigation, DIP Loans, and Government Receivables Compared

Legalist operates three alternative-credit strategies with different duration, liquidity, and return profiles. Litigation finance offers longer-duration exposure, government receivables provide shorter-duration liquidity, and debtor-in-possession financing sits between them.

  • Litigation finance uses five-to-seven-year drawdown funds.
  • Government receivables may offer quarterly redemptions.
  • Government receivables target roughly 10% to 12% net returns.
  • DIP lending occupies a middle position in duration and liquidity.
  • The strategies are marketed for their low correlation with public markets.

“we also have a couple hundred million in a type of distress lending in bankruptcy called dip lending.”

Eva Shang · 29:06

“the non correlated component is a super important part of both how we market and the value that we provide for our investors.”

Eva Shang · 35:40
#alternative credit#dip lending#receivables#portfolio
Explainer50:39

Why Public Court Data Still Requires Difficult Scraping

Government records may be legally public without being available in a convenient machine-readable format. State court sites update continuously but often lack bulk downloads, forcing data companies to collect information carefully while moderating traffic to avoid burdening public servers.

  • Public accessibility is different from convenient accessibility.
  • Many court systems do not offer downloadable CSV files.
  • Scrapers must moderate request volume and visit only necessary pages.
  • Operational friction creates both costs and competitive protection.

“everything that the government does has to be publicly accessible, but it doesn't mean that it has to be easy to access”

Eva Shang · 50:39

“We're trying to build a sustainable business here, not take down a state server.”

Eva Shang · 51:44
#public data#web scraping#courts#government

Story· 3

Story02:09

How Two Mac Minis in a Harvard Dorm Became Legalist

Christian Haigh began scraping Massachusetts court records with two Mac minis because he lacked conventional cloud infrastructure. Eva Shang became involved when Harvard noticed the dorm-room bandwidth, and the pair initially formed a company without knowing how they would monetize the data.

  • The original project was exploratory data collection.
  • Harvard detected unusually heavy traffic to one dorm room.
  • The founders incorporated before discovering a business model.
  • The experiment later became the foundation of Legalist.

“our intent was just to download the data and then question mark question mark.”

Eva Shang · 03:40

“Initially, we had no idea.”

Eva Shang · 03:52
#startups#data scraping#harvard#legalist
Story15:06

The First Loss That Proved the Value of a Co-Founder

Shang argues that a functioning 50-50 partnership can outperform a single-founder structure despite the risk of deadlock. After Legalist suffered its first investment loss, she and Haigh processed the setback together over Costco hot dogs, reinforcing the emotional and operational value of their partnership.

  • Long collaboration creates unusually fast coordination during crises.
  • Equal partnerships carry disagreement risk but can distribute emotional pressure.
  • Legalist's first loss challenged the founders' belief in the entire model.
  • Shang describes the partnership as a major company superpower.

“if you make a partnership work, it can actually work much better than just having one person be in charge.”

Eva Shang · 15:55

“I can't imagine what I would have done if I had been doing this alone.”

Eva Shang · 17:17
#cofounders#partnerships#resilience#startups
Story55:21

Eva Shang on Growing Up Alongside Legalist

Losing access to her Harvard email prompted Shang to reflect on the life she left when she dropped out. She describes Legalist's growth as inseparable from her transition from a 20-year-old leaving home to a parent and homeowner.

  • The company absorbed years that might otherwise have been spent at Harvard.
  • Losing the email address symbolized the end of a lingering connection.
  • Entrepreneurial growth and personal adulthood happened simultaneously.
  • The dominant emotion was nostalgia rather than regret.

“I kind of grew up with the company.”

Eva Shang · 55:55

“it's really like gazing back at your own youth”

Eva Shang · 56:23
#harvard#entrepreneurship#identity#nostalgia

Takeaway· 2

Takeaway17:55

Why Young Founders Often Miss the Meaning of Good Advice

An experienced fund manager advised Shang through symbols of professionalism: expensive shoes and substantial business cards. Only years later did she understand that he was telling a very young manager to reassure limited partners that their money would be handled institutionally.

  • Advice requires context before it becomes actionable.
  • Surface details can encode a broader lesson.
  • Young fund managers must signal institutional reliability.
  • Experience changes which guidance appears important.

“when you're young, you should try to look professional and institutional and reassure investors, especially LP investors, that you're not going to lose their money.”

Eva Shang · 19:02

“If it comes to you at the wrong time, it's as good as if you didn't hear it at all.”

Eva Shang · 19:21
#advice#fundraising#professionalism#founders
Takeaway1:00:29

Why Finance Beginners Should Question the Traditional Apprenticeship

Shang acknowledges that finance is commonly treated as an apprenticeship business but warns that inherited training can reproduce inherited methods. Legalist benefited from approaching its problems from first principles rather than following the conventional career and investment path.

  • Apprenticeships transfer assumptions as well as expertise.
  • Traditional training can narrow the range of possible methods.
  • First-principles analysis enabled Legalist's unusual approach.
  • Young professionals should not fear leaving a lockstep career path.

“coming from that perspective means that you're always going to do it the way that people did it before”

Eva Shang · 1:00:44

“people should not be afraid to deviate from that traditional lockstep path.”

Eva Shang · 1:00:57
#careers#finance#first principles#education