WEBVTT - Eva Shang on Litigation Finance Funds

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<v Speaker 1>Bloomberg Audio Studios, podcasts, radio news. This is Master's in

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<v Speaker 1>Business with Barry rid Hoolts on Bloomberg Radio.

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<v Speaker 2>This week on the podcast What a Fascinating Conversation, Iva

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<v Speaker 2>Shang co founded legal List while she was in Harvard

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<v Speaker 2>and then subsequently dropped out with her co founder to

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<v Speaker 2>launch what essentially became an alternative credit fund that specialized

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<v Speaker 2>in litigation financing along with two other types of credit

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<v Speaker 2>related to litigation outcomes. Really a fascinating combination of legal

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<v Speaker 2>insight and technology. Initially, this began just by scraping the

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<v Speaker 2>State of Massachusetts judicial websites, all the different cases that

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<v Speaker 2>were there, the different motions, who the lawyers were on

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<v Speaker 2>each side, and they had no idea what they were

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<v Speaker 2>going to do with this data until eventually they go

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<v Speaker 2>to Y combinator and general counsel there says no, you

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<v Speaker 2>have a gold mine here, and it's you have to

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<v Speaker 2>focus on financing the litigation cases with a high probability

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<v Speaker 2>of a successful outcome, but where the planiff doesn't have

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<v Speaker 2>the capital to see it through and are up against

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<v Speaker 2>the deep pocketed defendant who could just wait them out.

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<v Speaker 2>I found even to be just very interesting and I'm

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<v Speaker 2>intrigued by the business model. They created really a white

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<v Speaker 2>space that a handful of multistrat funds might have been

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<v Speaker 2>doing something with, but there really wasn't a dedicated old

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<v Speaker 2>credit fund, especially one with nearly a billion dollars in

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<v Speaker 2>client assets, focusing on I found this to be really

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<v Speaker 2>fascinating and I think you will also, with no further

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<v Speaker 2>ado my discussion with Legalists.

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<v Speaker 1>Eva Shang, thank you so much for having me.

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<v Speaker 2>So let's just go to Cambridge and talk about you

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<v Speaker 2>drop out of Harvard at the age of twenty to

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<v Speaker 2>start an alternative investment funds. What were you thinking?

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<v Speaker 1>That's a great question. So back in the day, my

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<v Speaker 1>co founder, Christian was actually the one who came up

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<v Speaker 1>with the first seedlings of the idea to start Legalist.

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<v Speaker 1>And what happened was he was very interested in data scraping,

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<v Speaker 1>and he had taken some classes with a CS professor

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<v Speaker 1>who did data scraping, and one day he decided to

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<v Speaker 1>scrape the Massachusetts State Court record website. Now, this is

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<v Speaker 1>a website that had cost the state seventy million dollars

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<v Speaker 1>to make, and it was extremely janky, and his intent

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<v Speaker 1>was just to download all the information and then see

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<v Speaker 1>what he could do with it. But keep in mind

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<v Speaker 1>he didn't have access to any of the standard web

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<v Speaker 1>scraping equipment. He didn't have access to Amazon Web Services

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<v Speaker 1>or cloud hosting. So he just bought these two mini's,

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<v Speaker 1>which are like Mac computers that don't have a little rouse,

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<v Speaker 1>yes exactly, and he just set them up and started

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<v Speaker 1>trying to download and scrape all the information. Now, as

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<v Speaker 1>it turns out, he was downloading at too high of

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<v Speaker 1>a pace, and so Harvard caught on to the fact

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<v Speaker 1>that there were just massive gigabytes of information passing through

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<v Speaker 1>to this one dorm room in Dunster, and so he

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<v Speaker 1>came to me and said, Uh, would you mind if

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<v Speaker 1>I just put these computers in your dorm room and

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<v Speaker 1>then they can sit in your corner and then scrape

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<v Speaker 1>using your Internet. And I was like, what's going on here?

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<v Speaker 1>And so that's kind of how I got roped into

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<v Speaker 1>this business where we decided to form a corporation and

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<v Speaker 1>our intent was just to download the data and then

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<v Speaker 1>question mark question mark.

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<v Speaker 2>So so you had no idea where this was going

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<v Speaker 2>to go.

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<v Speaker 1>Initially, we had no idea.

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<v Speaker 2>Let's see what happens. And that's just with the with Massachusetts, right,

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<v Speaker 2>will you also involved in y Combinator while you were

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<v Speaker 2>at Harvard as well?

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<v Speaker 1>Yes, So we got into y Combinator the summer of

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<v Speaker 1>twenty sixteen just off of this legal analytics idea. And

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<v Speaker 1>after we got into y Combinator, basically the very first day,

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<v Speaker 1>the general counsel, who kind of keeps a watch over

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<v Speaker 1>all the legal tech companies, pulls us aside and is like,

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<v Speaker 1>I don't think your business idea is very good. I

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<v Speaker 1>don't think this legal analytics thing is going to work

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<v Speaker 1>out for you. Lawyers hate to pay for things. They

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<v Speaker 1>like to get paid for things. I don't think you

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<v Speaker 1>should be doing this. And we were like, well, we

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<v Speaker 1>just got here, so we're going to do our old idea,

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<v Speaker 1>thank you very much. But throughout the course of the summer,

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<v Speaker 1>he kept on saying to us, you should really consider

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<v Speaker 1>getting into this area called litigation finance. And eventually we

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<v Speaker 1>realize the same thing that he did, which is that

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<v Speaker 1>lawyers don't like to pay for things. And we were like, okay,

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<v Speaker 1>so what should we do. And basically what he said was,

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<v Speaker 1>if you're able to have this real time coverage of

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<v Speaker 1>all these hard to access court dockets, than what you

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<v Speaker 1>could do theoretically is pick out the cases that are

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<v Speaker 1>going really really well and invest in those so you

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<v Speaker 1>can take your own portfolio.

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<v Speaker 2>That raises the question, if they're going really really well,

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<v Speaker 2>why would anybody want to take outside funding when they

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<v Speaker 2>want to see it through and maximize their returns. Or

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<v Speaker 2>are these so expensive that even the cases that are

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<v Speaker 2>going well need a little outside financial help.

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<v Speaker 1>So I think when people think about litigation, they imagine

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<v Speaker 1>how it is in the movies, where you file a

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<v Speaker 1>case and then you go to trial the next day

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<v Speaker 1>and then judge here's your case. So in reality, what

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<v Speaker 1>happens is, you know, let's just take a prototypical scenario

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<v Speaker 1>where you have a business that gets acquired and I'm

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<v Speaker 1>the founder. I've been working on this business for a

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<v Speaker 1>long time, and after the acquisition, the company that acquired

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<v Speaker 1>us strips away all our resources, so then I don't

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<v Speaker 1>hit my earnout and that's part of the acquisition price.

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<v Speaker 1>And now I file a lawsuit thinking that tomorrow I'm

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<v Speaker 1>going to get my ten million dollar earn out. But

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<v Speaker 1>in the meantime, not only have I not been paid

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<v Speaker 1>my earnout, but I also don't have money to pay

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<v Speaker 1>my lawyer, and so I might screep together some change,

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<v Speaker 1>get the complaint filed, the case is going well, you

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<v Speaker 1>survive some initial motions, but trial is still two years away.

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<v Speaker 1>And so that's really where a litigation funder could come

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<v Speaker 1>in and say, okay, leave the legal fees to us.

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<v Speaker 1>Not only will we pay for it, we'll keep your

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<v Speaker 1>lawyer on a budget, we'll make sure the case stays

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<v Speaker 1>on track, we'll offer our analysis of it compared to

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<v Speaker 1>the thousands of other cases we've evaluated, and we'll make

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<v Speaker 1>sure that we're your partner until the end.

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<v Speaker 2>What does the founder have to give up in exchange

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<v Speaker 2>for all that financial support? What is legalists share of

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<v Speaker 2>the outcome.

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<v Speaker 1>So the way that litigation finance works is that it

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<v Speaker 1>is non recourse, which means that if we invest into

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<v Speaker 1>litigation and it loses, then we don't get repaid.

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<v Speaker 2>All the risk is on you, exactly.

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<v Speaker 1>But if the litigation wins, then we share in the upside.

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<v Speaker 1>So we normally aim to take around thirty or forty

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<v Speaker 1>percent of the case, depending on how long it goes for.

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<v Speaker 2>So it's almost as if it's a lawyer charging a

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<v Speaker 2>contingency fee. Exactly, Hey, you don't have to pay me

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<v Speaker 2>any legal fees for this car accident, but if we win,

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<v Speaker 2>I take a third of the outcome.

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<v Speaker 1>Exactly exactly, And there are types of cases that lawyers

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<v Speaker 1>take on contingency. Frequently contingency lawyers are the original litigation funders,

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<v Speaker 1>but in order to put together a diversified portfolio, they

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<v Speaker 1>only have so much time, and so they usually do

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<v Speaker 1>things like personal injury, employment, class action, things that are

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<v Speaker 1>predictable in which where they have a lot of control

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<v Speaker 1>and cases settle quickly an earnout case or a commercial

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<v Speaker 1>case or a breach of contract case. Those costs hundreds

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<v Speaker 1>of thousands, if not millions of dollars, and lawyers don't

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<v Speaker 1>really want to put in all that time for free.

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<v Speaker 2>So you're y combinator over the summer, when do you decide, Hey,

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<v Speaker 2>this is a real business and I think I should

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<v Speaker 2>drop out of Harvard to do this.

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<v Speaker 1>Yeah. So, after we decided to switch to doing litigation funding,

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<v Speaker 1>we went to John Levey, who's the general counsel at YC,

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<v Speaker 1>and we were like, Okay, what do you know about

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<v Speaker 1>litigation funding? And he said, the only reason I know

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<v Speaker 1>about it is because I have friends who work in

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<v Speaker 1>insurance and insurance is the mirror image of litigation funding,

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<v Speaker 1>except for the defense side. They keep the lawyers on track,

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<v Speaker 1>they pay the defense costs, and they really don't like

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<v Speaker 1>that litigation funding now exists for the plaintiffs.

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<v Speaker 2>Right because they have a giant financial advantage being part

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<v Speaker 2>of a exactly big perpetual insurance company versus lawyers come and.

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<v Speaker 1>Go exactly So that was pretty much all we needed

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<v Speaker 1>to hear to actually make the switch. But then once

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<v Speaker 1>we made the switch, it was a lot more challenging

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<v Speaker 1>than we initially expected to actually raise a fund. There's

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<v Speaker 1>that John F. Kennedy quote where he says, you know,

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<v Speaker 1>we go to the moon. We choose to go to

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<v Speaker 1>the moon not because it is easy, but because it

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<v Speaker 1>is hard. I think a lot of startup founders are

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<v Speaker 1>actually the opposite, where it's like, we choose to go

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<v Speaker 1>to the moon not because it's easy, but because we

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<v Speaker 1>think it's going to be easy. I think if we

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<v Speaker 1>had known how difficult they would be for two twenty

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<v Speaker 1>year olds to raise a fund to invest in litigation,

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<v Speaker 1>it was just such a crazy idea at the time

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<v Speaker 1>that we would have been like, yeah, no, thank you,

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<v Speaker 1>we'll do something else.

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<v Speaker 2>So when you launched, there aren't a whole lot of

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<v Speaker 2>dedicated litigation finance funds. But you've become successful, are you

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<v Speaker 2>attracting competition or other people saying, Hey, we didn't realize

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<v Speaker 2>this was so doable. What's it look like out there?

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<v Speaker 1>So at the time that we launched, there were already

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<v Speaker 1>public companies that were doing litigation finance. One of our

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<v Speaker 1>LPs likes to say he likes to say that he

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<v Speaker 1>invests in managers where it's so time consuming and difficult

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<v Speaker 1>to do what they've done that no one in their

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<v Speaker 1>right mind would do it, And if they could go

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<v Speaker 1>back in time and redo it, even the founders wouldn't

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<v Speaker 1>do it over again. And I kind of think that

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<v Speaker 1>our business is a lot like that. If you were

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<v Speaker 1>to go into litigation finance at the outset, you would

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<v Speaker 1>not want to raise a really small litigation finance fund,

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<v Speaker 1>hire an engineering team, build an algorithm, scrape millions of

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<v Speaker 1>court records, do hundreds of investments in a given fund.

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<v Speaker 1>You would do what all the other litigation funders do,

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<v Speaker 1>which is invest in ten big cases with law firms

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<v Speaker 1>that you're familiar with.

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<v Speaker 2>Huh, really interesting, So you drop out of Harvard is

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<v Speaker 2>that twenty seventeen.

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<v Speaker 1>We drop out of Harvard in twenty sixteen, and it

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<v Speaker 1>takes us a full year to raise our first ten

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<v Speaker 1>million dollar fund in twenty seventeen.

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<v Speaker 2>Wow, So stay with dropping out of college. First of all,

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<v Speaker 2>what did your parents say? They must have been bereft.

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<v Speaker 1>My parents are immigrants, and so they feel like playing

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<v Speaker 1>it safe is always the way to go. But while

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<v Speaker 1>I was at Harvard, it quickly became apparent to me

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<v Speaker 1>that nothing you do plays it safe. Like you can

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<v Speaker 1>either be in lockstep with everyone else and do the

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<v Speaker 1>whole recruiting for a consulting firm and then working at

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<v Speaker 1>a consulting firm and then going to business school and

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<v Speaker 1>then you know, ascending the ladder and not take any chances,

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<v Speaker 1>or you can choose to do something else. And for

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<v Speaker 1>a long time I didn't know what that something else

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<v Speaker 1>would be. And when it presented itself to me, it

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<v Speaker 1>became very obvious that this is the direction the universe

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<v Speaker 1>was calling for me to go in.

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<v Speaker 2>Huh. So you raised ten million in your first year?

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<v Speaker 2>Ten million? Is that right?

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<v Speaker 1>That's right?

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<v Speaker 2>The first year? And then you are involved with the

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<v Speaker 2>Field Fellowship. Peter Thield's award to young people who he's

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<v Speaker 2>looking to, Hey, get out in the real world. You

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<v Speaker 2>don't need to go to school. Was how helpful was

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<v Speaker 2>Peter Teel's capital?

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<v Speaker 1>So the Teal Fellowship is a one hundred thousand dollars

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<v Speaker 1>grant that's given to people who drop out of school.

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<v Speaker 1>It's given to the individual rather than to the company.

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<v Speaker 1>But it did create a little bit of a problematic

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<v Speaker 1>situation for us early on because he was known for

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<v Speaker 1>his own litigation funding situation.

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<v Speaker 2>Well, the whole thing with what took place with Crocker

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<v Speaker 2>and Paul Cogan. There even was a book, right and

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<v Speaker 2>if that was actually quite fascinating.

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<v Speaker 1>But it's not actually litigation funding, that's right. That case

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<v Speaker 1>is not that a grudge, yes.

0:12:44.880 --> 0:12:48.520
<v Speaker 2>As a personal grudge, and it just goes to show

0:12:48.559 --> 0:12:51.959
<v Speaker 2>you even when only two people know a secret, it

0:12:52.080 --> 0:12:55.000
<v Speaker 2>still eventually comes out, which which is was my big

0:12:55.040 --> 0:12:59.520
<v Speaker 2>takeaway from that book. But back to the fellowship, did

0:12:59.559 --> 0:13:02.880
<v Speaker 2>it help you raise other assets that people say, oh,

0:13:02.920 --> 0:13:07.080
<v Speaker 2>Peter Teel is successful if he's putting money into EVA,

0:13:07.120 --> 0:13:08.600
<v Speaker 2>well he must see something there.

0:13:09.559 --> 0:13:11.560
<v Speaker 1>Not really, but we did get a lot of questions

0:13:11.600 --> 0:13:14.040
<v Speaker 1>about whether we were going to be suing media companies,

0:13:14.160 --> 0:13:17.120
<v Speaker 1>and the answer was always no, media companies are.

0:13:17.040 --> 0:13:21.479
<v Speaker 2>Not usually very That wasn't especially profitable, It just that

0:13:21.200 --> 0:13:23.760
<v Speaker 2>was that was you know, when you sue a small

0:13:24.000 --> 0:13:27.599
<v Speaker 2>website into oblivion, there's not a lot of cash to

0:13:28.000 --> 0:13:30.680
<v Speaker 2>pay back. That was just I'm going to spend what

0:13:30.840 --> 0:13:33.720
<v Speaker 2>it takes because I'm not happy with these people. You

0:13:33.760 --> 0:13:36.640
<v Speaker 2>guys are in business looking for an economic outcome, that's right,

0:13:36.920 --> 0:13:40.000
<v Speaker 2>not a personal outcome. So sounds like the first year

0:13:40.040 --> 0:13:45.600
<v Speaker 2>of raising capital for Legalist was very challenging. At any point,

0:13:45.600 --> 0:13:48.720
<v Speaker 2>were you thinking, hey, maybe I should go back to college,

0:13:48.720 --> 0:13:50.800
<v Speaker 2>maybe I should go to law school, and were you

0:13:50.880 --> 0:13:53.520
<v Speaker 2>Were you ever thinking about taking the bar or going

0:13:53.559 --> 0:13:54.160
<v Speaker 2>to law school.

0:13:54.800 --> 0:13:57.240
<v Speaker 1>So I was thinking of going to law school. But

0:13:57.400 --> 0:14:01.120
<v Speaker 1>what ended up happening was that in California there is

0:14:01.320 --> 0:14:06.200
<v Speaker 1>a Law Office study program where you can apprentice under

0:14:06.200 --> 0:14:08.960
<v Speaker 1>a lawyer and you have to study for a certain

0:14:09.040 --> 0:14:13.320
<v Speaker 1>number of hours per week. And Christian and I ended

0:14:13.400 --> 0:14:16.520
<v Speaker 1>up doing the Law Office apprenticeship program starting in twenty

0:14:16.559 --> 0:14:20.800
<v Speaker 1>eighteen with our general counsel at the time, Curtis.

0:14:20.520 --> 0:14:23.800
<v Speaker 2>And YC or Legalist GC.

0:14:24.320 --> 0:14:30.200
<v Speaker 1>LEGALISTGC, and that took us almost five years and then

0:14:30.240 --> 0:14:33.240
<v Speaker 1>We ended up taking the bar exam last year and

0:14:33.280 --> 0:14:36.280
<v Speaker 1>we both passed. Oh that's so now we actually are lawyers.

0:14:36.600 --> 0:14:39.560
<v Speaker 2>That's amazing that you went that route instead of going

0:14:39.600 --> 0:14:42.160
<v Speaker 2>to finishing college and going to law school. Tell us

0:14:42.160 --> 0:14:44.840
<v Speaker 2>a little bit about your partner, Christian hay Am I

0:14:44.840 --> 0:14:45.360
<v Speaker 2>pronouncing that.

0:14:45.360 --> 0:14:47.600
<v Speaker 1>Right now, Christian hag Haigu.

0:14:47.760 --> 0:14:50.120
<v Speaker 2>So he's your co founder. He's the person who was

0:14:50.600 --> 0:14:55.960
<v Speaker 2>initially scraping all the data off of the Massachusetts court

0:14:56.000 --> 0:15:00.200
<v Speaker 2>system websites. He sounds more like a computer science che

0:15:00.200 --> 0:15:04.240
<v Speaker 2>then a legal geek. What was his background and tell

0:15:04.320 --> 0:15:05.880
<v Speaker 2>us a little bit about how you guys met.

0:15:06.600 --> 0:15:13.240
<v Speaker 1>So Christian was studying economics and computer science and I

0:15:13.240 --> 0:15:18.120
<v Speaker 1>actually think he's incredibly operationally minded and just one of

0:15:18.120 --> 0:15:21.160
<v Speaker 1>the smartest people I've ever met. And the crazy thing

0:15:21.240 --> 0:15:23.600
<v Speaker 1>is that we've known each other for over ten years

0:15:23.640 --> 0:15:27.000
<v Speaker 1>at this point, and it's definitely one of the most

0:15:27.000 --> 0:15:29.880
<v Speaker 1>important relationships in my life. And when there's a fire

0:15:29.920 --> 0:15:32.200
<v Speaker 1>at the company, when the two of us leap into

0:15:32.240 --> 0:15:35.320
<v Speaker 1>action to solve it, there's really nothing like it. It's

0:15:35.360 --> 0:15:37.200
<v Speaker 1>like when you have someone that you've worked with for

0:15:37.240 --> 0:15:40.880
<v Speaker 1>so long and you basically know what they're going to say.

0:15:41.000 --> 0:15:44.920
<v Speaker 1>Or think before they actually say it. And over the years,

0:15:44.960 --> 0:15:48.680
<v Speaker 1>a lot of people that I've talked to disparage these

0:15:48.720 --> 0:15:51.280
<v Speaker 1>fifty to fifty partnerships because I think they think it's

0:15:51.520 --> 0:15:55.640
<v Speaker 1>riskier if you can't come to an agreement. And what

0:15:55.680 --> 0:15:59.360
<v Speaker 1>I actually think is that anything that's so worth doing

0:15:59.760 --> 0:16:02.480
<v Speaker 1>has a lot of inherent risk, and so if you

0:16:02.680 --> 0:16:07.760
<v Speaker 1>make a partnership work, it can actually work much better

0:16:07.840 --> 0:16:10.920
<v Speaker 1>than just having one person be in charge. So I'll

0:16:10.920 --> 0:16:13.680
<v Speaker 1>tell a story about why I think it's so difficult

0:16:13.800 --> 0:16:16.040
<v Speaker 1>to do what we do, or to even just start

0:16:16.040 --> 0:16:19.600
<v Speaker 1>a business so young alone. So I mean, for the record,

0:16:19.600 --> 0:16:23.920
<v Speaker 1>today we have over four hundred investments and seventy five

0:16:23.920 --> 0:16:28.160
<v Speaker 1>percent success rate, hundreds of realizations. But back in the

0:16:28.240 --> 0:16:31.120
<v Speaker 1>day when we had our very first case lose, it

0:16:31.120 --> 0:16:33.600
<v Speaker 1>was only one hundred and fifty thousand dollars investment, but

0:16:33.640 --> 0:16:36.320
<v Speaker 1>it was our very first loss, and it meant a

0:16:36.360 --> 0:16:39.080
<v Speaker 1>lot to us because it threw into question our entire

0:16:39.120 --> 0:16:39.760
<v Speaker 1>business model.

0:16:40.080 --> 0:16:43.080
<v Speaker 2>Was that your first investment, or was that your first

0:16:43.160 --> 0:16:46.400
<v Speaker 2>loss then you had subsequent you had previous winners to that.

0:16:47.160 --> 0:16:49.160
<v Speaker 1>It was one of the early cases and it was

0:16:49.160 --> 0:16:53.640
<v Speaker 1>our first loss. So I just remember feeling like the

0:16:53.760 --> 0:16:57.080
<v Speaker 1>entire world was falling, and we were also so young

0:16:57.120 --> 0:16:59.680
<v Speaker 1>that we hadn't been through a lot of bad things

0:16:59.680 --> 0:17:03.440
<v Speaker 1>happen in our life. And so Christian and I we

0:17:03.480 --> 0:17:06.640
<v Speaker 1>snuck into the back of a Costco because we didn't

0:17:06.640 --> 0:17:09.000
<v Speaker 1>have a Costco membership, and then we bought those one

0:17:09.040 --> 0:17:11.919
<v Speaker 1>dollar fifty hot dogs that they sell at Costco, and

0:17:11.920 --> 0:17:14.000
<v Speaker 1>then we ate it for dinner more roastly, and we

0:17:14.000 --> 0:17:17.080
<v Speaker 1>were like, this is the dinner we deserve. And I

0:17:17.160 --> 0:17:19.520
<v Speaker 1>can't imagine what I would have done if I had

0:17:19.520 --> 0:17:22.240
<v Speaker 1>been doing this alone. So that's why I think a

0:17:22.280 --> 0:17:25.160
<v Speaker 1>lot of people warn't against partnerships because of the two

0:17:25.200 --> 0:17:27.399
<v Speaker 1>sigma problem where you can't get along with your partner,

0:17:27.440 --> 0:17:30.119
<v Speaker 1>then the whole firm collapses. But to us, I think

0:17:30.119 --> 0:17:31.760
<v Speaker 1>it's one of our major superpowers.

0:17:31.920 --> 0:17:36.960
<v Speaker 2>Huh. Really interesting. So the initial strategy of litigation finance

0:17:37.000 --> 0:17:42.200
<v Speaker 2>comes from the general council at Y Combinator. Why did

0:17:42.400 --> 0:17:44.760
<v Speaker 2>do you think it took so long to convince you

0:17:45.400 --> 0:17:48.719
<v Speaker 2>that that was the way to monetize the tech that

0:17:48.760 --> 0:17:54.760
<v Speaker 2>you guys had developed scraping state judicial records.

0:17:55.680 --> 0:18:00.200
<v Speaker 1>Litigation finance is a very obscure asset class. It's really

0:18:00.240 --> 0:18:03.320
<v Speaker 1>not the first thing that a college kid would think

0:18:03.359 --> 0:18:06.480
<v Speaker 1>of as a business to run. And I also think

0:18:06.480 --> 0:18:08.680
<v Speaker 1>that one of the features of being young is that

0:18:08.720 --> 0:18:12.080
<v Speaker 1>you can't recognize or understand good advice, even when it

0:18:12.119 --> 0:18:15.320
<v Speaker 1>comes your way. I remember there was one other hedge

0:18:15.320 --> 0:18:20.080
<v Speaker 1>fund that did credit on these p top lending platforms

0:18:20.119 --> 0:18:22.280
<v Speaker 1>that was a few years ahead of us, and back

0:18:22.320 --> 0:18:24.080
<v Speaker 1>when we were trying to raise our first fund, they

0:18:24.080 --> 0:18:27.720
<v Speaker 1>had already raised a few hundred million. So I went

0:18:27.760 --> 0:18:30.840
<v Speaker 1>to their office and I was like, give me your advice.

0:18:30.880 --> 0:18:34.199
<v Speaker 1>How did you do it? And the two tidbits that

0:18:34.240 --> 0:18:37.640
<v Speaker 1>I remember from that conversation where he was like, I've

0:18:37.640 --> 0:18:41.760
<v Speaker 1>got this really nice, expensive pair of shoes, they're like

0:18:41.800 --> 0:18:45.480
<v Speaker 1>seven hundred dollars, and I also have these business cards

0:18:45.680 --> 0:18:49.040
<v Speaker 1>that are very professional and they have just a lot

0:18:49.040 --> 0:18:52.960
<v Speaker 1>of heft and texture. And it took a really long

0:18:53.000 --> 0:18:56.080
<v Speaker 1>time for the moral of that story to actually become

0:18:56.240 --> 0:18:59.480
<v Speaker 1>apparent to me, because I was perplexed by this information

0:18:59.560 --> 0:19:02.200
<v Speaker 1>for just such a long time, and it was only

0:19:02.280 --> 0:19:05.119
<v Speaker 1>years later that I was like, Oh, what he's really

0:19:05.160 --> 0:19:08.240
<v Speaker 1>saying is when you're young, you should try to look

0:19:08.280 --> 0:19:13.520
<v Speaker 1>professional and institutional and reassure investors, especially LP investors, that

0:19:13.560 --> 0:19:15.679
<v Speaker 1>you're not going to lose their money. And he was

0:19:15.760 --> 0:19:17.800
<v Speaker 1>using those details to make a point, but I was

0:19:17.880 --> 0:19:21.159
<v Speaker 1>just too naive to understand what he was actually saying.

0:19:21.400 --> 0:19:22.959
<v Speaker 1>So I think a lot of advice is like that.

0:19:23.000 --> 0:19:24.960
<v Speaker 1>If it comes to you at the wrong time, it's

0:19:25.000 --> 0:19:26.640
<v Speaker 1>as good as if you didn't hear it at all.

0:19:27.000 --> 0:19:30.040
<v Speaker 2>It's very hard to take advice when you're young, because

0:19:30.080 --> 0:19:32.840
<v Speaker 2>you don't have a frame of reference, right, You don't

0:19:32.880 --> 0:19:36.880
<v Speaker 2>have the breath of hear the range of possibilities right.

0:19:37.080 --> 0:19:40.720
<v Speaker 2>And that's why this advice is really useful for someone

0:19:40.760 --> 0:19:45.720
<v Speaker 2>who's been through that. Really very very interesting. Now you're

0:19:45.760 --> 0:19:49.640
<v Speaker 2>almost the firm is almost ten years old. What sort

0:19:49.640 --> 0:19:52.560
<v Speaker 2>of advice are you getting now that you might be

0:19:52.560 --> 0:19:56.840
<v Speaker 2>paying more attention to that in twenty sixteen, twenty seventeen

0:19:57.480 --> 0:20:00.000
<v Speaker 2>just went right by without a whole lot of notice.

0:20:01.000 --> 0:20:06.800
<v Speaker 1>I remember one of our advisors in LPs, who's a billionaire,

0:20:06.880 --> 0:20:10.119
<v Speaker 1>came by our office and I was like, what's the

0:20:10.160 --> 0:20:12.600
<v Speaker 1>secret to your success? And this is when I think

0:20:12.600 --> 0:20:15.119
<v Speaker 1>I must have been like twenty two or so, and

0:20:15.160 --> 0:20:18.000
<v Speaker 1>he was like, hire good people and retain them. And

0:20:18.040 --> 0:20:21.800
<v Speaker 1>I was like, well, obviously, what else? And then the

0:20:22.400 --> 0:20:25.560
<v Speaker 1>farther I get into the business, the more I'm like, oh, yeah,

0:20:25.560 --> 0:20:28.480
<v Speaker 1>that is the main thing. It's just that when you're

0:20:28.520 --> 0:20:31.680
<v Speaker 1>at that stage, it's not apparent to you exactly how

0:20:31.680 --> 0:20:32.280
<v Speaker 1>to apply it.

0:20:32.520 --> 0:20:35.040
<v Speaker 2>And that's really interesting. One of the things you don't

0:20:35.080 --> 0:20:38.200
<v Speaker 2>realize when you are making your first I don't know

0:20:38.320 --> 0:20:42.000
<v Speaker 2>ten hires, first dozen HighRes that five or ten years

0:20:42.040 --> 0:20:45.640
<v Speaker 2>down the road, that group of people you're hiring are

0:20:45.720 --> 0:20:48.920
<v Speaker 2>going to be the ones doing the subsequent hiring yeah road,

0:20:49.320 --> 0:20:52.960
<v Speaker 2>And you just can't anticipate that until you've lived through it,

0:20:53.000 --> 0:20:55.919
<v Speaker 2>and then it's like, wow, those were really important hires

0:20:55.960 --> 0:20:58.720
<v Speaker 2>that first you know five or ten people. It makes

0:20:58.760 --> 0:21:01.719
<v Speaker 2>such it sets the time for everything going forward, and

0:21:01.760 --> 0:21:04.119
<v Speaker 2>there's no way to understand that until you've lived it.

0:21:04.320 --> 0:21:07.160
<v Speaker 2>Maybe that's where the advice aspect comes in.

0:21:07.560 --> 0:21:12.000
<v Speaker 1>I also think that the cohesion of an organization is

0:21:12.040 --> 0:21:17.760
<v Speaker 1>so much more important than how talented the individual parts are.

0:21:18.320 --> 0:21:21.840
<v Speaker 1>So there's this children's book called Enders Game, which I've

0:21:21.840 --> 0:21:23.159
<v Speaker 1>always loved. You reread it.

0:21:23.320 --> 0:21:25.520
<v Speaker 2>I don't know if I would call that a children's book.

0:21:25.920 --> 0:21:30.120
<v Speaker 2>I mean it's a sci fi book scott orson Cards.

0:21:30.000 --> 0:21:34.760
<v Speaker 1>Or scott Card. Yeah, but in Enders Game you'll notice

0:21:34.800 --> 0:21:38.320
<v Speaker 1>that at the very end, they don't bring in the

0:21:38.359 --> 0:21:43.000
<v Speaker 1>top kids from every class they alert. Yeah, and when

0:21:43.000 --> 0:21:45.760
<v Speaker 1>they're actually battling the aliens for the final battle on

0:21:45.840 --> 0:21:47.960
<v Speaker 1>behalf of all of humanity. I'm outing myself as a

0:21:48.000 --> 0:21:51.480
<v Speaker 1>huge nerd here, but they bring in Ender's closest friends.

0:21:51.840 --> 0:21:52.439
<v Speaker 1>And these are.

0:21:52.280 --> 0:21:56.160
<v Speaker 2>People that he respects, not just one person, because all

0:21:56.240 --> 0:22:02.320
<v Speaker 2>these any challenge against high are high odds. It's never

0:22:02.960 --> 0:22:06.000
<v Speaker 2>just Michael Jordan. It's got to be everybody around him,

0:22:06.160 --> 0:22:08.880
<v Speaker 2>right right, And if you look at I don't want

0:22:08.880 --> 0:22:12.880
<v Speaker 2>to go into sports metaphors because occasionally Michael Jordan can

0:22:12.920 --> 0:22:15.560
<v Speaker 2>carry a team, but even the Bulls didn't start winning

0:22:15.640 --> 0:22:17.879
<v Speaker 2>until he had good players around him, and it made

0:22:17.920 --> 0:22:18.600
<v Speaker 2>a big difference.

0:22:19.080 --> 0:22:24.040
<v Speaker 1>Yeah, And I always wondered why huge bureaucracies could sometimes

0:22:24.119 --> 0:22:27.600
<v Speaker 1>lose to startups, and it's because there's so much internal

0:22:27.840 --> 0:22:31.199
<v Speaker 1>energy that's spent fighting each other, and the lack of

0:22:31.240 --> 0:22:34.240
<v Speaker 1>cohesion means that you can't all row the boat in

0:22:34.280 --> 0:22:37.360
<v Speaker 1>the same directions. There's actually energy working against each other.

0:22:38.000 --> 0:22:40.920
<v Speaker 1>And that's one of the reasons why many of our

0:22:40.920 --> 0:22:45.520
<v Speaker 1>employees have been with the firm for five plus years

0:22:45.960 --> 0:22:49.080
<v Speaker 1>and why that kind of trust and loyalty and culture

0:22:49.520 --> 0:22:52.639
<v Speaker 1>is I think the root of what enables everything we

0:22:52.720 --> 0:22:53.200
<v Speaker 1>do today.

0:22:53.600 --> 0:22:57.520
<v Speaker 2>Let's talk a little bit about the process of litigation

0:22:57.880 --> 0:23:02.639
<v Speaker 2>financing and some of your other strategies. The flagship strategy

0:23:02.720 --> 0:23:07.439
<v Speaker 2>obviously litigation financing. You mentioned you've done about four hundred

0:23:07.640 --> 0:23:08.600
<v Speaker 2>financing so far.

0:23:08.680 --> 0:23:10.560
<v Speaker 1>Is that about right? That's right. We've done over four

0:23:10.600 --> 0:23:11.520
<v Speaker 1>hundred deals.

0:23:11.240 --> 0:23:14.040
<v Speaker 2>And how many of these have reached their.

0:23:13.920 --> 0:23:16.520
<v Speaker 1>Conclusion over one hundred and thirty.

0:23:16.640 --> 0:23:18.439
<v Speaker 2>So you're about a third of the way through the

0:23:18.480 --> 0:23:21.600
<v Speaker 2>initial the first let's call it five years or so,

0:23:21.720 --> 0:23:23.119
<v Speaker 2>seven years of financing.

0:23:23.480 --> 0:23:26.480
<v Speaker 1>It's been a long time, I mean, so we raised

0:23:26.480 --> 0:23:29.359
<v Speaker 1>our first fund in twenty seventeen, second fund in twenty nineteen,

0:23:29.520 --> 0:23:33.439
<v Speaker 1>third fund in twenty twenty one. I think the pace

0:23:33.600 --> 0:23:36.880
<v Speaker 1>of the number of deals we do is definitely accelerating,

0:23:36.960 --> 0:23:39.040
<v Speaker 1>considering the fact that we only had ten million for

0:23:39.080 --> 0:23:43.440
<v Speaker 1>the first two years. But we've learned a lot along

0:23:43.440 --> 0:23:43.920
<v Speaker 1>the way.

0:23:44.359 --> 0:23:47.320
<v Speaker 2>And in twenty twenty two you raised four hundred million dollars.

0:23:47.359 --> 0:23:50.760
<v Speaker 2>That's a pretty hefty number for what was then, I

0:23:50.840 --> 0:23:53.000
<v Speaker 2>guess a five year old fun putting together a good

0:23:53.080 --> 0:23:57.400
<v Speaker 2>track record. Let's talk a little bit about the sort

0:23:57.400 --> 0:24:01.160
<v Speaker 2>of returns you target and how long the should take.

0:24:01.760 --> 0:24:05.359
<v Speaker 2>So you have four hundred investments done since twenty seventeen,

0:24:06.480 --> 0:24:09.840
<v Speaker 2>about a third of them have reached fruition. What's the

0:24:09.880 --> 0:24:13.080
<v Speaker 2>win loss rate? You mentioned seventy five percent before.

0:24:12.840 --> 0:24:16.399
<v Speaker 1>That's right, So we went about seventy five percent of

0:24:16.480 --> 0:24:19.679
<v Speaker 1>the deals that we do when being calculated as it

0:24:19.760 --> 0:24:22.920
<v Speaker 1>makes above the amount that we put in and lost

0:24:22.960 --> 0:24:24.920
<v Speaker 1>being anything below principle.

0:24:24.600 --> 0:24:27.080
<v Speaker 2>So you could actually win the case but not be

0:24:27.240 --> 0:24:31.160
<v Speaker 2>financially successful because there returns are less than the initial investment.

0:24:31.440 --> 0:24:33.760
<v Speaker 1>That was the big thing that we learned in the

0:24:33.840 --> 0:24:36.040
<v Speaker 1>early years. So in the early years, we only had

0:24:36.080 --> 0:24:39.480
<v Speaker 1>ten million of assets, but we had billions of dollars

0:24:39.520 --> 0:24:41.760
<v Speaker 1>of deal flow. And so what we would do is

0:24:41.800 --> 0:24:45.080
<v Speaker 1>we would work with other litigation funders multi strat hedge

0:24:45.119 --> 0:24:48.320
<v Speaker 1>funds that did litigation funding, and we would refer cases

0:24:48.359 --> 0:24:51.879
<v Speaker 1>to them and watch how they did their work. And

0:24:51.960 --> 0:24:56.120
<v Speaker 1>what we noticed was that litigation is essentially like an

0:24:56.280 --> 0:24:59.160
<v Speaker 1>envelope with a check in it. You do not know

0:24:59.560 --> 0:25:01.320
<v Speaker 1>how much is written on that check.

0:25:01.400 --> 0:25:02.600
<v Speaker 2>Oh it's a sealed envelope.

0:25:02.600 --> 0:25:07.439
<v Speaker 1>It can seal develope, right, And everyone has their best

0:25:07.560 --> 0:25:10.160
<v Speaker 1>estimate of how much is in that check. But theoretically,

0:25:10.400 --> 0:25:13.320
<v Speaker 1>if you were to buy the envelope for ten dollars

0:25:13.760 --> 0:25:16.359
<v Speaker 1>or even ten thousand dollars, you would always make money.

0:25:16.600 --> 0:25:18.800
<v Speaker 1>A defendant is always willing to settle for at least

0:25:18.840 --> 0:25:21.080
<v Speaker 1>ten thousand dollars just to avoid paying their lawyers.

0:25:21.160 --> 0:25:23.280
<v Speaker 2>Make it go away, absolutely exactly.

0:25:23.600 --> 0:25:27.320
<v Speaker 1>That's called a nuisance value settlement. And so theoretically, the

0:25:27.440 --> 0:25:30.159
<v Speaker 1>less money you can invest in each claim, the higher

0:25:30.200 --> 0:25:32.840
<v Speaker 1>the likelihood of success. And if you were to invest

0:25:32.960 --> 0:25:35.919
<v Speaker 1>one dollar, you would win every single lidiation.

0:25:35.720 --> 0:25:37.720
<v Speaker 2>Because you would always take the ten thousand dollars check

0:25:37.800 --> 0:25:41.200
<v Speaker 2>to go away. That's a great ROI. In reality, you

0:25:41.240 --> 0:25:43.880
<v Speaker 2>have a plaintiff that doesn't want to settle for right

0:25:43.920 --> 0:25:48.040
<v Speaker 2>brand they feel they're wrong. Once it gets you know,

0:25:48.080 --> 0:25:52.479
<v Speaker 2>people forget. Ninety something percent of cases settle before trial.

0:25:52.640 --> 0:25:55.400
<v Speaker 2>So one question I have to ask you is, when

0:25:55.480 --> 0:26:01.359
<v Speaker 2>you're doing litigation financing, of the cases that are resolved,

0:26:01.440 --> 0:26:04.320
<v Speaker 2>how many of them actually go to trial and how

0:26:04.320 --> 0:26:07.080
<v Speaker 2>many of them are resolved way before trial?

0:26:07.640 --> 0:26:12.399
<v Speaker 1>The majority of them are settled, and litigation finance, I

0:26:12.480 --> 0:26:17.280
<v Speaker 1>have to admit, does introduce a hurdle beyond which the

0:26:17.320 --> 0:26:21.480
<v Speaker 1>plaintiff has to hit in order to settle for a

0:26:21.520 --> 0:26:24.159
<v Speaker 1>reasonable amount and make a reasonable amount of money. So

0:26:24.280 --> 0:26:26.800
<v Speaker 1>that's the reason why in litigation finance you don't see

0:26:26.800 --> 0:26:30.119
<v Speaker 1>settlement rates that are as high as you would normally see.

0:26:30.400 --> 0:26:33.560
<v Speaker 1>The plus side of this is that normally a lot

0:26:33.600 --> 0:26:35.600
<v Speaker 1>of plaintiffs run out of money and then they settle

0:26:35.600 --> 0:26:37.920
<v Speaker 1>the case for pennies on the dollar, and so litigation

0:26:38.000 --> 0:26:40.320
<v Speaker 1>finance allows them to hold out for what they're owed.

0:26:40.760 --> 0:26:42.760
<v Speaker 2>I would think that it's a self selecting group in

0:26:42.840 --> 0:26:46.800
<v Speaker 2>two ways. One is people who know in advance I'm

0:26:46.800 --> 0:26:49.480
<v Speaker 2>giving up some of my upside, but I want to

0:26:49.520 --> 0:26:54.360
<v Speaker 2>go the distance. And two, because they're funded, they don't

0:26:54.440 --> 0:26:57.520
<v Speaker 2>have to take a low bull settlement. I would imagine

0:26:57.560 --> 0:27:01.040
<v Speaker 2>the defense side, Oh, they have a deep pot supporting them,

0:27:01.480 --> 0:27:03.840
<v Speaker 2>We're going to have to be prepared to go to court.

0:27:04.200 --> 0:27:08.639
<v Speaker 2>It changes the dynamics of the subsequent settlement discussions. I

0:27:08.640 --> 0:27:12.000
<v Speaker 2>would imagine it makes the defendant a whole lot more

0:27:12.640 --> 0:27:16.159
<v Speaker 2>serious about the case. Then we could just wait this

0:27:16.240 --> 0:27:18.760
<v Speaker 2>guy out and eventually they'll run out of.

0:27:18.720 --> 0:27:23.560
<v Speaker 1>Cash exactly exactly. Now. The secret about the defense side

0:27:23.680 --> 0:27:27.359
<v Speaker 1>is that it's often in their best interest to draw

0:27:27.520 --> 0:27:30.680
<v Speaker 1>out the litigation process, One because the plaintiff might run

0:27:30.680 --> 0:27:35.280
<v Speaker 1>out of money, and two just because if I'm owed

0:27:35.400 --> 0:27:38.840
<v Speaker 1>ten million dollars in an earnout, it benefits the defendant

0:27:38.880 --> 0:27:41.359
<v Speaker 1>to pay that to me in five years rather than today,

0:27:41.400 --> 0:27:44.520
<v Speaker 1>even if they settle for the full amount. So that's

0:27:44.560 --> 0:27:49.120
<v Speaker 1>why a lot of defendants, especially big companies, will weaponize

0:27:49.119 --> 0:27:51.680
<v Speaker 1>the fact that they have deep pockets, can pay for lawyers,

0:27:51.760 --> 0:27:53.960
<v Speaker 1>can drag things out, and you know what's the plaintiff

0:27:54.000 --> 0:27:56.480
<v Speaker 1>going to do? Sue them in court and take five

0:27:56.560 --> 0:27:59.400
<v Speaker 1>years to do so. And so that's why you might

0:27:59.440 --> 0:28:03.520
<v Speaker 1>see cases where both sides recognize the plaintiff is at

0:28:03.560 --> 0:28:06.639
<v Speaker 1>least entitled to something, but where the defendant just hasn't

0:28:06.680 --> 0:28:09.400
<v Speaker 1>settled because it's in their economic best interest to drag

0:28:09.440 --> 0:28:09.760
<v Speaker 1>it out.

0:28:09.960 --> 0:28:15.160
<v Speaker 2>Huh interesting. So, given three quarters seventy five percent success rate,

0:28:16.160 --> 0:28:18.520
<v Speaker 2>what sort of returns are you targeting? I know we

0:28:18.520 --> 0:28:22.439
<v Speaker 2>can't talk about actual performance, but when you're looking at

0:28:22.480 --> 0:28:26.680
<v Speaker 2>an individual case, one would have to think the average

0:28:26.680 --> 0:28:29.960
<v Speaker 2>of the cases are looking for x percent a year?

0:28:30.160 --> 0:28:33.160
<v Speaker 2>Is it fifteen percent? Is it twenty percent? The winners

0:28:33.200 --> 0:28:36.160
<v Speaker 2>have to offset the losers, So I got to think

0:28:36.200 --> 0:28:38.880
<v Speaker 2>you're looking for way more than ten percent.

0:28:38.680 --> 0:28:43.000
<v Speaker 1>Right, that's right. So we usually charge a significant multiple

0:28:43.520 --> 0:28:47.880
<v Speaker 1>on our dollars put out and across the fund we

0:28:47.960 --> 0:28:50.680
<v Speaker 1>target a twenty to twenty five percent net, So we're

0:28:50.720 --> 0:28:53.680
<v Speaker 1>trying to be comparable to private equity, but in half

0:28:53.720 --> 0:28:55.840
<v Speaker 1>the duration and uncorrelated of course.

0:28:56.600 --> 0:29:01.160
<v Speaker 2>So litigation finances the flagship strategy. What other strategies do

0:29:01.200 --> 0:29:01.760
<v Speaker 2>you employ?

0:29:02.680 --> 0:29:05.960
<v Speaker 1>So litigation finance is by far our largest strategy, But

0:29:06.000 --> 0:29:10.560
<v Speaker 1>we also have a couple hundred million in a type

0:29:10.560 --> 0:29:15.080
<v Speaker 1>of distress lending in bankruptcy called dip lending. And we

0:29:15.120 --> 0:29:18.040
<v Speaker 1>also have a couple hundred million in a type of

0:29:18.480 --> 0:29:23.000
<v Speaker 1>alternative credit called government receivables. So government receivables is where

0:29:23.320 --> 0:29:25.680
<v Speaker 1>you have a ninety to one hundred and twenty day

0:29:25.800 --> 0:29:29.240
<v Speaker 1>receivable from a federal or state government entity, either because

0:29:29.280 --> 0:29:31.920
<v Speaker 1>of a grant or a contract that you performed on

0:29:32.040 --> 0:29:34.520
<v Speaker 1>or a credit of some sort, and we advance against

0:29:34.560 --> 0:29:36.720
<v Speaker 1>that and then get paid directly by the government.

0:29:36.840 --> 0:29:40.400
<v Speaker 2>I just had a conversation with a friend who does

0:29:40.440 --> 0:29:43.800
<v Speaker 2>that sort of work for state and county governments, and

0:29:44.920 --> 0:29:47.600
<v Speaker 2>the problem they run into is when they're too successful,

0:29:47.960 --> 0:29:53.600
<v Speaker 2>when they have all these accounts receivable to them, it's like, Hey,

0:29:53.640 --> 0:29:55.680
<v Speaker 2>we have too much business. How do we fund this?

0:29:56.240 --> 0:29:58.880
<v Speaker 2>And it seems like it's pretty guaranteed. I didn't realize

0:29:58.920 --> 0:30:02.280
<v Speaker 2>that sort of old credit was something you do. How

0:30:02.480 --> 0:30:06.240
<v Speaker 2>large of a receivable are you looking at? I'm assuming

0:30:06.240 --> 0:30:08.400
<v Speaker 2>you're not doing this for five and ten thousand dollars

0:30:08.440 --> 0:30:11.520
<v Speaker 2>at a pop. Right, it's probably millions of dollars, if

0:30:11.560 --> 0:30:11.960
<v Speaker 2>not more.

0:30:12.520 --> 0:30:15.840
<v Speaker 1>Right, So, the individual receivables can be as low as

0:30:16.080 --> 0:30:19.200
<v Speaker 1>ten twenty thousand, but we usually set them up as

0:30:19.640 --> 0:30:23.680
<v Speaker 1>credit facilities with people who generate lots of these receivables,

0:30:23.760 --> 0:30:27.040
<v Speaker 1>and the facilities might be a couple million. And the

0:30:27.080 --> 0:30:30.120
<v Speaker 1>reason why we're able to find these businesses is because,

0:30:30.400 --> 0:30:33.400
<v Speaker 1>and you'll notice, everything we do is related to either

0:30:33.520 --> 0:30:36.080
<v Speaker 1>the legal system, the judicial system, or the government in

0:30:36.120 --> 0:30:39.520
<v Speaker 1>some way. Because what our technology does best, and we

0:30:39.560 --> 0:30:43.000
<v Speaker 1>call our technology the truffle sniffer, as in like a

0:30:43.040 --> 0:30:46.280
<v Speaker 1>pig that goes into the forest and then finds valuable truffles,

0:30:46.840 --> 0:30:50.760
<v Speaker 1>is we crawl through these comprehensive government databases and pull

0:30:50.800 --> 0:30:54.680
<v Speaker 1>out the information that is relevant for investment purposes and

0:30:54.800 --> 0:30:58.160
<v Speaker 1>go after those deals specifically. So in litigation, we're looking

0:30:58.160 --> 0:31:01.680
<v Speaker 1>for cases that win in government receivables. We're looking for

0:31:01.760 --> 0:31:04.560
<v Speaker 1>businesses that are owed receivables and are likely to be

0:31:04.600 --> 0:31:08.440
<v Speaker 1>in financial need of receivable financing. So Boeing, for instance,

0:31:08.440 --> 0:31:12.640
<v Speaker 1>would be excluded even though they generate huge amount of receivables.

0:31:12.720 --> 0:31:14.760
<v Speaker 1>And I would love to fund Boeing, but Boeing would

0:31:14.800 --> 0:31:16.760
<v Speaker 1>never want funding from us. So it is what it is.

0:31:17.720 --> 0:31:20.720
<v Speaker 2>That's really interesting. And you mentioned dip or debtor in

0:31:20.800 --> 0:31:25.240
<v Speaker 2>possession financing. So in a bankruptcy, the debtor takes control

0:31:25.280 --> 0:31:29.320
<v Speaker 2>of the entity and suddenly they're operating on behalf of

0:31:29.440 --> 0:31:32.680
<v Speaker 2>all the other creditors and that requires a line of

0:31:32.720 --> 0:31:33.480
<v Speaker 2>capital as well.

0:31:34.120 --> 0:31:39.560
<v Speaker 1>So most large bankruptcies are called pre packaged bankruptcy, so

0:31:39.600 --> 0:31:42.560
<v Speaker 1>there's already a dip lender in place. What we specialize

0:31:42.560 --> 0:31:46.920
<v Speaker 1>in is looking for these sub scale dip opportunities where

0:31:47.560 --> 0:31:50.440
<v Speaker 1>there is no prepetition lender that's willing to put up

0:31:50.480 --> 0:31:52.800
<v Speaker 1>the dip financing and so you can come in and

0:31:52.800 --> 0:31:56.920
<v Speaker 1>be a priming lean on all the assets of the bankruptcy.

0:31:57.240 --> 0:32:01.360
<v Speaker 2>And we briefly discussed competitors, but but it sounds like

0:32:01.680 --> 0:32:06.240
<v Speaker 2>it's deep pocketed high net worth individuals and some multi

0:32:06.360 --> 0:32:09.720
<v Speaker 2>strat funds that sort of do this on the side.

0:32:09.840 --> 0:32:15.160
<v Speaker 2>Is anybody else focusing on this sort of strategy directly

0:32:15.400 --> 0:32:17.880
<v Speaker 2>or for now? Do you pretty much own the space?

0:32:18.800 --> 0:32:22.200
<v Speaker 1>So we did not invent any of the asset classes

0:32:22.520 --> 0:32:25.480
<v Speaker 1>that we are in. However, we approach what we do

0:32:25.560 --> 0:32:27.680
<v Speaker 1>in a very unusual way, and a lot of our

0:32:27.800 --> 0:32:30.920
<v Speaker 1>LPs see that. So the reason that we even came

0:32:31.000 --> 0:32:34.520
<v Speaker 1>up with a government receivable strategy, which is a liquid

0:32:34.560 --> 0:32:37.000
<v Speaker 1>hedge fund. It's got a much shorter duration than we're

0:32:37.040 --> 0:32:39.360
<v Speaker 1>used to, it's a different type of database, is because

0:32:39.400 --> 0:32:44.040
<v Speaker 1>one of our LPs, a university endowment, approached us and said, hey, look,

0:32:44.080 --> 0:32:48.080
<v Speaker 1>I've got this other manager. They do government receivables financing.

0:32:48.720 --> 0:32:51.080
<v Speaker 1>I freaking love this asset class and I want more

0:32:51.120 --> 0:32:53.960
<v Speaker 1>of it. But they're not able to source more because

0:32:53.960 --> 0:32:55.960
<v Speaker 1>they're using their relationships to source.

0:32:56.120 --> 0:32:58.440
<v Speaker 2>You're scraping it right off the sites. That gives you

0:32:58.480 --> 0:32:59.320
<v Speaker 2>a ugee.

0:32:59.560 --> 0:33:01.880
<v Speaker 1>Yeah, we don't need to go to people we know

0:33:02.320 --> 0:33:05.480
<v Speaker 1>and say hey, is there any chance you want financing?

0:33:05.560 --> 0:33:10.440
<v Speaker 1>We can actually go into the government contract websites and say, okay,

0:33:10.520 --> 0:33:13.640
<v Speaker 1>who here looks like they would need government receivables financing.

0:33:13.800 --> 0:33:18.760
<v Speaker 2>So everything you've described so far is both technologically driven

0:33:19.480 --> 0:33:23.120
<v Speaker 2>and outside of what we think of as traditional finance

0:33:23.200 --> 0:33:27.560
<v Speaker 2>or even old finance. I don't want to use the

0:33:27.600 --> 0:33:31.480
<v Speaker 2>phrase niche, but I got to ask how far can

0:33:31.560 --> 0:33:33.480
<v Speaker 2>this scale up? Like this is not going to be

0:33:33.520 --> 0:33:36.440
<v Speaker 2>a trillion dollar business ever, Right, even if you attract

0:33:36.600 --> 0:33:41.200
<v Speaker 2>thousands of competitors, you're coming up on a billion dollars.

0:33:41.320 --> 0:33:44.360
<v Speaker 2>Is there room in the space for ten billion or

0:33:44.360 --> 0:33:48.120
<v Speaker 2>twenty billion or is there just not enough juice to

0:33:48.200 --> 0:33:49.560
<v Speaker 2>make it worth a squeeze there?

0:33:50.400 --> 0:33:54.880
<v Speaker 1>So each one of our strategies individually is capacity constrained.

0:33:55.080 --> 0:33:56.800
<v Speaker 1>And you can see this by the fact that the

0:33:56.920 --> 0:33:59.800
<v Speaker 1>industries that they are in are not that large. So

0:34:00.680 --> 0:34:03.920
<v Speaker 1>the largest government receivables funder has two billion of assets

0:34:04.000 --> 0:34:07.600
<v Speaker 1>under management, the largest litigation funder has a couple billion

0:34:07.600 --> 0:34:10.359
<v Speaker 1>of assets under management. They are kind of what they are.

0:34:10.560 --> 0:34:15.839
<v Speaker 1>But we see our firm as a tech driven alternative

0:34:15.880 --> 0:34:18.799
<v Speaker 1>credit firm, and the types of alternative credit there are

0:34:18.840 --> 0:34:20.320
<v Speaker 1>out there is huge.

0:34:20.520 --> 0:34:24.280
<v Speaker 2>Right, that's a trillion dollar industry, clearly, But you've found

0:34:24.280 --> 0:34:29.520
<v Speaker 2>an area that is the fishinghole you you're operating in

0:34:29.600 --> 0:34:34.720
<v Speaker 2>as relatively small as compared to let's call it middle

0:34:34.840 --> 0:34:39.640
<v Speaker 2>market funding of existing companies. So the other thing I

0:34:39.680 --> 0:34:43.760
<v Speaker 2>find so fascinating. So you've diversified across three different lines,

0:34:44.160 --> 0:34:48.759
<v Speaker 2>so it's debtorin possession of financing accounts receivable, and then

0:34:48.920 --> 0:34:54.360
<v Speaker 2>litigation finance. But all of this sounds completely uncorrelated to

0:34:54.400 --> 0:34:58.439
<v Speaker 2>the economy, to the stock market, to interest rates. What's

0:34:58.520 --> 0:35:03.799
<v Speaker 2>the relationship of the fund success rate versus all the

0:35:03.840 --> 0:35:07.319
<v Speaker 2>other things we look at as either correlated or uncorrelated.

0:35:07.760 --> 0:35:11.360
<v Speaker 1>So that is the niche that we occupy for our LPs.

0:35:12.280 --> 0:35:14.840
<v Speaker 1>They have a lot of things that are market correlated,

0:35:15.280 --> 0:35:19.359
<v Speaker 1>and depending on their liquidity and return profile that they're

0:35:19.400 --> 0:35:22.960
<v Speaker 1>looking for, they might invest in lidiation finance, which is

0:35:23.080 --> 0:35:25.959
<v Speaker 1>longer duration, it's a kind of a five to seven

0:35:26.000 --> 0:35:28.719
<v Speaker 1>year draw down fund. Or if they're really looking for

0:35:28.800 --> 0:35:31.760
<v Speaker 1>liquidity but are willing to do a lower return profile,

0:35:32.040 --> 0:35:34.879
<v Speaker 1>they might look for something like government receivables, which has

0:35:35.000 --> 0:35:37.399
<v Speaker 1>quarterly redemptions but is more of a ten to twelve

0:35:37.440 --> 0:35:39.960
<v Speaker 1>percent net And then DIP is somewhere in the middle.

0:35:40.320 --> 0:35:43.359
<v Speaker 1>So across all of our strategies, I think the non

0:35:43.440 --> 0:35:47.640
<v Speaker 1>correlated component is a super important part of both how

0:35:47.680 --> 0:35:50.160
<v Speaker 1>we market and the value that we provide for our investors.

0:35:50.440 --> 0:35:54.080
<v Speaker 2>Huh. So some people want liquidity, they're going to do

0:35:54.120 --> 0:35:58.479
<v Speaker 2>accounts receivable. If a big endowment or foundation is less

0:35:58.480 --> 0:36:03.680
<v Speaker 2>concerned about regular demands on capital or future liabilities. If

0:36:03.719 --> 0:36:06.839
<v Speaker 2>you're doing the flagship litigation finance, expect to be locked

0:36:06.920 --> 0:36:09.120
<v Speaker 2>up seven years, fair statement.

0:36:08.760 --> 0:36:10.799
<v Speaker 1>Five to seven years, five to seven years.

0:36:10.840 --> 0:36:14.399
<v Speaker 2>Really interesting. I got to ask about the name. Where

0:36:14.400 --> 0:36:17.000
<v Speaker 2>did the name legalists come from?

0:36:17.080 --> 0:36:20.360
<v Speaker 1>I think that it was related to our very very

0:36:20.400 --> 0:36:25.319
<v Speaker 1>original business idea, which was a list of attorneys and

0:36:25.400 --> 0:36:26.440
<v Speaker 1>a list of cases.

0:36:26.760 --> 0:36:30.160
<v Speaker 2>Legal list. That's right, So back and White combinator, when

0:36:30.160 --> 0:36:32.400
<v Speaker 2>you're just scraping this and saying, we don't know what

0:36:32.400 --> 0:36:34.000
<v Speaker 2>the hell we're going to do with this, but here's

0:36:34.040 --> 0:36:34.520
<v Speaker 2>a list.

0:36:34.320 --> 0:36:36.160
<v Speaker 1>Of attorneys in cases exactly.

0:36:36.280 --> 0:36:39.200
<v Speaker 2>Huh. But you just kept it for for nostalgia sake.

0:36:39.280 --> 0:36:42.520
<v Speaker 1>I do. I do identify as a legalist. I'm very

0:36:42.520 --> 0:36:43.520
<v Speaker 1>big on rule of law.

0:36:43.960 --> 0:36:48.360
<v Speaker 2>Yeah, some people less so right to say that. So

0:36:48.440 --> 0:36:50.879
<v Speaker 2>let's talk a little bit about the asset growth, which

0:36:50.920 --> 0:36:54.480
<v Speaker 2>has been pretty amazing. You start with ten million and

0:36:54.560 --> 0:36:59.640
<v Speaker 2>twenty seventeen. By twenty twenty one, that's under half a

0:36:59.680 --> 0:37:04.240
<v Speaker 2>billion in now you're knocking at a billion. That's pretty

0:37:04.360 --> 0:37:09.000
<v Speaker 2>rapid growth for a startup. Most startup al credit funds

0:37:09.600 --> 0:37:12.440
<v Speaker 2>or alt edge funds don't scale up to a billion

0:37:12.480 --> 0:37:13.360
<v Speaker 2>dollars that quickly.

0:37:15.280 --> 0:37:18.279
<v Speaker 1>I think that's right. I think we happen to be

0:37:18.320 --> 0:37:21.640
<v Speaker 1>at a very good moment in time where a lot

0:37:21.680 --> 0:37:25.520
<v Speaker 1>of our investors are people who were already familiar with

0:37:25.560 --> 0:37:28.960
<v Speaker 1>litigation finance but happened to not like how it was

0:37:29.040 --> 0:37:32.840
<v Speaker 1>being done before. So the big problem with litigation finance

0:37:32.880 --> 0:37:36.840
<v Speaker 1>traditionally as an industry is that each litigation itself carries

0:37:36.960 --> 0:37:39.920
<v Speaker 1>a ton of idiosyncratic risk. You could have the best

0:37:39.920 --> 0:37:42.040
<v Speaker 1>case in the world and get in front of a

0:37:42.120 --> 0:37:44.520
<v Speaker 1>judge and the judge is feeling kind of crotchety that day,

0:37:44.880 --> 0:37:46.839
<v Speaker 1>and so then he dismisses it, and then you're done.

0:37:47.760 --> 0:37:51.799
<v Speaker 1>And what our strategy does is our strategy takes the

0:37:51.800 --> 0:37:56.720
<v Speaker 1>idiosyncratic risk out of each individual investment out by pulling

0:37:56.760 --> 0:37:58.840
<v Speaker 1>it with hundreds of other investments. And there were no

0:37:58.920 --> 0:38:02.759
<v Speaker 1>other litigation funders. There are no other litigation funders that

0:38:02.800 --> 0:38:03.719
<v Speaker 1>do it the way that we do.

0:38:03.880 --> 0:38:08.640
<v Speaker 2>Huh really interesting, Well, you're out if the judge dismisses it,

0:38:08.719 --> 0:38:11.239
<v Speaker 2>unless there's an appeal. Do you guys fund appeals?

0:38:11.680 --> 0:38:13.920
<v Speaker 1>We don't fund appeals for cases that have lost.

0:38:15.600 --> 0:38:18.640
<v Speaker 2>We have well would you fund? Would you fund an

0:38:18.640 --> 0:38:22.480
<v Speaker 2>appeal for cases that one? Not because you're challenging the outcome,

0:38:22.520 --> 0:38:26.080
<v Speaker 2>but you're challenging the dollar amount the award, not the verdict.

0:38:27.239 --> 0:38:32.359
<v Speaker 1>So the qualifier for the Truffle Sniffer is based on

0:38:32.400 --> 0:38:36.080
<v Speaker 1>a set of variables that include static variables, so these

0:38:36.080 --> 0:38:39.760
<v Speaker 1>are things that would eliminate a case categorically or qualify

0:38:39.760 --> 0:38:43.920
<v Speaker 1>a case categorically. And then there are also time series variables.

0:38:44.000 --> 0:38:46.600
<v Speaker 1>So the time series variables are related to things that

0:38:46.680 --> 0:38:49.600
<v Speaker 1>happen in the case. And this is not at all

0:38:49.719 --> 0:38:52.360
<v Speaker 1>obvious to detect, and this is what our machine learning

0:38:52.440 --> 0:38:55.239
<v Speaker 1>is trained on. But we're looking for signs that a

0:38:55.280 --> 0:38:58.600
<v Speaker 1>case is going really well. For certain types of cases,

0:38:59.360 --> 0:39:02.240
<v Speaker 1>getting a pro may injunction might be a really big deal.

0:39:02.640 --> 0:39:05.920
<v Speaker 1>For other types of cases, like patent cases. For instance,

0:39:06.400 --> 0:39:10.520
<v Speaker 1>fifty percent of patent judgments are overturned on appeal even

0:39:10.560 --> 0:39:13.359
<v Speaker 1>if they win. Wow. So for that reason, we don't

0:39:13.400 --> 0:39:16.600
<v Speaker 1>do any patent cases because there is really no stage

0:39:16.680 --> 0:39:18.279
<v Speaker 1>at which we could fund it where it has been

0:39:18.320 --> 0:39:22.160
<v Speaker 1>de risked, and we're really looking for preliminary motion hurdles

0:39:22.200 --> 0:39:24.080
<v Speaker 1>that de risk a case. Huh.

0:39:24.120 --> 0:39:28.799
<v Speaker 2>So the future is inherently unpredictable, but by controlling a

0:39:28.800 --> 0:39:32.560
<v Speaker 2>handful of variables, you can narrow the range of potential

0:39:32.600 --> 0:39:35.120
<v Speaker 2>outcomes to something manageable exactly.

0:39:35.440 --> 0:39:38.520
<v Speaker 1>And what then our underwriters do. And there is still

0:39:38.560 --> 0:39:43.160
<v Speaker 1>a big human lawyer underwriting component for the simple reason

0:39:43.200 --> 0:39:45.160
<v Speaker 1>that you know, if you look at a case, there

0:39:45.160 --> 0:39:48.399
<v Speaker 1>are three elements to underwriting it. There's will it win?

0:39:49.160 --> 0:39:51.160
<v Speaker 1>How much will it win? And if they do win,

0:39:51.200 --> 0:39:53.839
<v Speaker 1>can the defendant even pay it? And the latter two

0:39:54.000 --> 0:39:56.719
<v Speaker 1>are really what we still need a lawyer to check for.

0:39:57.800 --> 0:39:59.799
<v Speaker 1>So a lot of what the lawyers check for is

0:40:01.160 --> 0:40:05.040
<v Speaker 1>does it actually make sense for this guy to get

0:40:05.040 --> 0:40:08.960
<v Speaker 1>this amount of money? And we call this the no policy.

0:40:08.600 --> 0:40:10.960
<v Speaker 2>Good policy in just about every endeavor.

0:40:11.280 --> 0:40:14.960
<v Speaker 1>Yeah, but what we found is that people put out

0:40:15.160 --> 0:40:17.799
<v Speaker 1>energy into the world and then it is reflected back

0:40:17.800 --> 0:40:20.759
<v Speaker 1>to them. And so when we've had situations where we've

0:40:20.800 --> 0:40:23.680
<v Speaker 1>just we're just like, did you really hate that guy?

0:40:23.760 --> 0:40:26.759
<v Speaker 1>I really hated that guy and he's got such a

0:40:26.920 --> 0:40:30.880
<v Speaker 1>technically good case on paper, And we've had a handful

0:40:30.920 --> 0:40:33.759
<v Speaker 1>of losses that have had this BAC pattern, But once

0:40:33.800 --> 0:40:37.360
<v Speaker 1>they get to trial, the judge is like, oh, I

0:40:37.400 --> 0:40:40.399
<v Speaker 1>can see why you terminated that contract, right, I can

0:40:40.440 --> 0:40:42.400
<v Speaker 1>see why you didn't want to work with him, right,

0:40:42.480 --> 0:40:45.320
<v Speaker 1>And then they inevitably lose, and the jury will drape

0:40:45.360 --> 0:40:48.200
<v Speaker 1>the law over whichever party they feel like is more deserving,

0:40:48.440 --> 0:40:50.480
<v Speaker 1>because we all have a sense of inherent right and

0:40:50.520 --> 0:40:53.800
<v Speaker 1>wrong in our hearts and we want to act according

0:40:53.840 --> 0:40:54.040
<v Speaker 1>to that.

0:40:54.920 --> 0:40:59.520
<v Speaker 2>It's always funny when you when you come to the realization, hey,

0:40:59.560 --> 0:41:02.160
<v Speaker 2>this ape million people in the world. Even if one

0:41:02.200 --> 0:41:05.400
<v Speaker 2>percent of them are let's use the word jerks instead

0:41:05.400 --> 0:41:12.399
<v Speaker 2>of the a word. That's still you know, a ton

0:41:12.440 --> 0:41:15.439
<v Speaker 2>of people. That's still if there's eight billion people, well,

0:41:15.920 --> 0:41:18.960
<v Speaker 2>guess what, it's eighty million jerks out there. I don't

0:41:19.000 --> 0:41:22.320
<v Speaker 2>need to deal with them. So anyway, I totally get

0:41:22.400 --> 0:41:25.839
<v Speaker 2>that rule of thumb and it works well. But since

0:41:25.880 --> 0:41:32.720
<v Speaker 2>we're talking about this sort of squishy individual personal things

0:41:33.360 --> 0:41:37.640
<v Speaker 2>you mentioned many of the multistread funds that do these

0:41:37.680 --> 0:41:41.200
<v Speaker 2>sort of deals, they have a network of people. It's

0:41:41.280 --> 0:41:44.800
<v Speaker 2>sort of who knows who and how they come across

0:41:44.880 --> 0:41:48.080
<v Speaker 2>these cases, and one person refers it to another person,

0:41:48.080 --> 0:41:51.879
<v Speaker 2>and that lawyer refers it to a third person. Your

0:41:52.120 --> 0:41:56.160
<v Speaker 2>approach to originating these things are completely different. You're pulling

0:41:56.160 --> 0:41:58.359
<v Speaker 2>the data off of I'm now going to assume it's

0:41:58.480 --> 0:42:00.919
<v Speaker 2>just about every state in the country that's right off

0:42:00.960 --> 0:42:04.680
<v Speaker 2>of the judicial websites of the states, and then you're

0:42:04.760 --> 0:42:08.200
<v Speaker 2>running your analytics on it to say, hey, let's see

0:42:08.280 --> 0:42:11.120
<v Speaker 2>if we can find a case that's worthy, and at

0:42:11.120 --> 0:42:14.279
<v Speaker 2>that point take us through the process of reaching out

0:42:14.280 --> 0:42:17.640
<v Speaker 2>to that planiff. How does that conversation go, Hey, we

0:42:17.680 --> 0:42:20.360
<v Speaker 2>saw your case. We're wondering if you need assistance on

0:42:21.000 --> 0:42:21.839
<v Speaker 2>financing it.

0:42:22.440 --> 0:42:25.319
<v Speaker 1>So, even though we fund the plaintiffs, the attorneys are

0:42:25.400 --> 0:42:29.640
<v Speaker 1>usually our primary points of contact because attorneys are repeat players,

0:42:29.800 --> 0:42:31.759
<v Speaker 1>and so at this point, you know, our team has

0:42:31.840 --> 0:42:37.000
<v Speaker 1>five thousand calls with attorneys every single year, and at

0:42:37.000 --> 0:42:39.680
<v Speaker 1>this point we've spoken to tens of thousands of attorneys

0:42:39.719 --> 0:42:42.200
<v Speaker 1>pretty much everyone that does the type of case that

0:42:42.239 --> 0:42:45.000
<v Speaker 1>we'd like to do. When we first started out, it

0:42:45.040 --> 0:42:48.520
<v Speaker 1>was all cold outreach, but these days it's a lot more. Hey,

0:42:48.600 --> 0:42:51.360
<v Speaker 1>I saw that your X case just survived motion for

0:42:51.400 --> 0:42:55.759
<v Speaker 1>summary judgment? Congratulations, Do you want to reconnect in a

0:42:55.800 --> 0:42:58.200
<v Speaker 1>couple weeks, even though I know we just talked, you know,

0:42:58.280 --> 0:43:00.239
<v Speaker 1>six months ago. So it's a lot more of these

0:43:00.280 --> 0:43:04.320
<v Speaker 1>warm connections. And it's not that we are not bullish

0:43:04.360 --> 0:43:07.520
<v Speaker 1>on relationships. It's that I think that when you have

0:43:09.719 --> 0:43:15.320
<v Speaker 1>a solely relationship driven origination approach, you're really limiting the

0:43:15.560 --> 0:43:16.520
<v Speaker 1>number of deals that you can.

0:43:16.640 --> 0:43:19.520
<v Speaker 2>You're relying too much on serendipity as opposed to something

0:43:19.600 --> 0:43:24.840
<v Speaker 2>that is not only quantitative, but structured and rules driven.

0:43:25.600 --> 0:43:28.400
<v Speaker 2>It gives you a more consistent thing. So you mentioned

0:43:28.400 --> 0:43:31.680
<v Speaker 2>no patent cases. What are the sort of commercial cases

0:43:31.719 --> 0:43:34.120
<v Speaker 2>that you very much like, what catches your eye?

0:43:34.480 --> 0:43:37.360
<v Speaker 1>So two thirds of our cases are breach of contract

0:43:37.400 --> 0:43:39.840
<v Speaker 1>and business towards. Do you know what business to Of course.

0:43:41.160 --> 0:43:44.080
<v Speaker 2>I didn't do your out. I went to law school,

0:43:44.080 --> 0:43:48.880
<v Speaker 2>so I kinda yeah, I know what business torts are.

0:43:49.520 --> 0:43:52.359
<v Speaker 2>That's why, which is part of the reason why I'm

0:43:52.400 --> 0:43:56.239
<v Speaker 2>in finance, because I found that stuff kind of not

0:43:56.440 --> 0:43:58.239
<v Speaker 2>nearly as interesting as finances.

0:43:58.960 --> 0:44:02.000
<v Speaker 1>It does make me a lot more aware of all

0:44:02.120 --> 0:44:04.520
<v Speaker 1>the things that could go wrong when you do business

0:44:04.560 --> 0:44:08.520
<v Speaker 1>with people. It's like, no matter what industry it is.

0:44:08.640 --> 0:44:14.960
<v Speaker 1>We've had several cases with indoor trampoline companies, right. I

0:44:15.320 --> 0:44:19.040
<v Speaker 1>was really shocked when the second indoor trampoline company dispute

0:44:19.120 --> 0:44:21.440
<v Speaker 1>came my way. I was like, how many indoor trampoline

0:44:21.480 --> 0:44:23.840
<v Speaker 1>companies are there anyway, meaning like.

0:44:23.840 --> 0:44:26.640
<v Speaker 2>Where kids go to play or companies at manufacture them

0:44:26.680 --> 0:44:29.000
<v Speaker 2>and sell them, because the ones where kids go to play,

0:44:29.440 --> 0:44:32.960
<v Speaker 2>even if you're like padding everything, it still looks like

0:44:33.040 --> 0:44:34.160
<v Speaker 2>a litigation nightmare.

0:44:35.400 --> 0:44:39.759
<v Speaker 1>These are contract disputes between franchisees, franchise ors, distributors, things

0:44:39.800 --> 0:44:43.080
<v Speaker 1>like that. But no matter what type of company it is,

0:44:43.719 --> 0:44:48.320
<v Speaker 1>whether it's a trucking company, a software company, an entertainment company,

0:44:48.719 --> 0:44:50.680
<v Speaker 1>there are only so many types of disputes. It's like

0:44:50.760 --> 0:44:53.799
<v Speaker 1>you don't honor your contract right. You steal someone's money,

0:44:54.200 --> 0:44:56.960
<v Speaker 1>you steal their employees, you steal their trade secrets, you

0:44:58.719 --> 0:45:00.960
<v Speaker 1>take the business opportunity you were meant to do together

0:45:01.040 --> 0:45:03.560
<v Speaker 1>and then do it yourself. And it makes you realize

0:45:03.600 --> 0:45:07.640
<v Speaker 1>that humans act extremely consistently no matter what industry they're in.

0:45:07.760 --> 0:45:08.120
<v Speaker 1>That's right.

0:45:08.200 --> 0:45:13.560
<v Speaker 2>The interesting thing you raised about franchises, I've noticed, and

0:45:13.640 --> 0:45:16.520
<v Speaker 2>it kind of waxes and wings over time, but there

0:45:16.600 --> 0:45:22.240
<v Speaker 2>is a regular series of litigation between franchisees and Burger

0:45:22.360 --> 0:45:27.080
<v Speaker 2>King or McDonald's or whoever the franchiser is. Have you

0:45:27.200 --> 0:45:29.560
<v Speaker 2>looked at those sorts of cases that seems to be

0:45:29.760 --> 0:45:31.920
<v Speaker 2>something that pops up pretty regularly.

0:45:33.280 --> 0:45:37.200
<v Speaker 1>It's not common for us to fund franchise e franchise

0:45:37.360 --> 0:45:40.960
<v Speaker 1>or cases. This is not really detailed because the franchise

0:45:41.960 --> 0:45:45.160
<v Speaker 1>franchise or agreements are written in a pretty air tight way. Yeah.

0:45:45.239 --> 0:45:48.759
<v Speaker 2>No, that McDonald's is as slick and tight as you

0:45:48.800 --> 0:45:53.000
<v Speaker 2>can possibly get. And how much upside is there? What

0:45:53.120 --> 0:45:55.239
<v Speaker 2>made me think of this is I just saw a

0:45:55.320 --> 0:45:59.320
<v Speaker 2>bunch of franchisees or up in arms over the possible

0:45:59.400 --> 0:46:02.960
<v Speaker 2>reintroduction of the five dollars value meal, which McDonald's wants

0:46:03.000 --> 0:46:06.800
<v Speaker 2>to do, and somebody claimed it's violation of their franchise agreement.

0:46:06.840 --> 0:46:10.400
<v Speaker 2>I'm I gotta think McDonald's is savvier than that, Like,

0:46:10.520 --> 0:46:12.799
<v Speaker 2>if they want to introduce the fi dollar value meal,

0:46:14.360 --> 0:46:16.160
<v Speaker 2>you're gonna you're gonna have to eat it. You know,

0:46:16.280 --> 0:46:18.799
<v Speaker 2>it's it's even if it's a if it's a break

0:46:18.840 --> 0:46:21.080
<v Speaker 2>even or a loss. They're doing it to bring bodies

0:46:21.800 --> 0:46:25.480
<v Speaker 2>into the store, and I have to imagine it's covered

0:46:25.520 --> 0:46:26.600
<v Speaker 2>in the franchise agreement.

0:46:26.760 --> 0:46:31.680
<v Speaker 1>Another commonly misunderstood litigation is the McDonald's coffee litigation. Did

0:46:31.719 --> 0:46:32.640
<v Speaker 1>you hear about that? Oh?

0:46:32.719 --> 0:46:38.920
<v Speaker 2>God, that's an infamous one which anti anti lawyer people

0:46:39.560 --> 0:46:41.920
<v Speaker 2>talk about all the time, but when you read the

0:46:41.960 --> 0:46:45.120
<v Speaker 2>facts of the case, this woman was badly scolded. The

0:46:45.239 --> 0:46:49.480
<v Speaker 2>coffee was thirty degrees hotter than the typical takeout coffee.

0:46:49.640 --> 0:46:52.279
<v Speaker 2>They screwed up. They have the top on. I mean,

0:46:52.520 --> 0:46:56.160
<v Speaker 2>there's talk about the wronghill to die on. If you're

0:46:56.200 --> 0:46:59.959
<v Speaker 2>against litigation as a way to solve some societal problem,

0:47:00.760 --> 0:47:02.360
<v Speaker 2>that's not the case you want to use.

0:47:02.880 --> 0:47:06.800
<v Speaker 1>Right, right. I think that litigation is frequently misunderstood in

0:47:06.880 --> 0:47:10.600
<v Speaker 1>that way. Most people do not want to be in litigation.

0:47:10.880 --> 0:47:12.640
<v Speaker 1>It's not a fun place to be in, which is

0:47:12.680 --> 0:47:14.480
<v Speaker 1>where you see, which is why you see so few

0:47:14.600 --> 0:47:18.920
<v Speaker 1>lawyers act as plaintiffs themselves in litigation because it's just

0:47:19.040 --> 0:47:22.319
<v Speaker 1>not very fun. It kind of eats you from the inside, emotional.

0:47:22.040 --> 0:47:26.239
<v Speaker 2>Straining, it's emotionally difficult. And you know, I always see

0:47:26.280 --> 0:47:28.920
<v Speaker 2>people threatening litigation, and it's like, hey, if you want

0:47:28.960 --> 0:47:32.080
<v Speaker 2>to sue, sue, don't wave a gun around, use it.

0:47:32.280 --> 0:47:35.000
<v Speaker 2>Don't threaten to use it, right, And that's what litigation

0:47:35.120 --> 0:47:38.680
<v Speaker 2>seems to be. Anyone who threatens litigation usually isn't serious,

0:47:39.040 --> 0:47:40.840
<v Speaker 2>right me. Know, when you fired an attorney and you

0:47:40.960 --> 0:47:44.200
<v Speaker 2>filed the summary, you know emotion and complaint, and then

0:47:44.239 --> 0:47:46.400
<v Speaker 2>we can have a conversation about how serious you are.

0:47:46.800 --> 0:47:49.920
<v Speaker 1>Right, The reason that litigation happens is because of a

0:47:50.080 --> 0:47:53.840
<v Speaker 1>gap in expectations between the plaintiff and the defendant. So

0:47:53.920 --> 0:47:56.279
<v Speaker 1>the closer the gap is, the more likely it is

0:47:56.400 --> 0:47:59.880
<v Speaker 1>to settle quickly. And then the wider the gap is,

0:48:00.560 --> 0:48:03.480
<v Speaker 1>whether one side is unreasonable or the other, the more

0:48:03.640 --> 0:48:05.680
<v Speaker 1>likely it is to drag on and actually go to trial.

0:48:06.239 --> 0:48:08.600
<v Speaker 1>And we see this even with going back to the

0:48:08.640 --> 0:48:12.280
<v Speaker 1>earnout example, even with a pretty clear cut eurnout example,

0:48:12.480 --> 0:48:14.920
<v Speaker 1>because it might have stages to it, so you might

0:48:15.000 --> 0:48:17.560
<v Speaker 1>get one million if you hit this milestone, two million

0:48:17.600 --> 0:48:20.680
<v Speaker 1>if you hit this milestone, And even if everyone agrees

0:48:20.719 --> 0:48:24.320
<v Speaker 1>that somewhere between five and ten million, they'll still litigate

0:48:24.440 --> 0:48:26.839
<v Speaker 1>over whether it's five or whether it's meant to be ten.

0:48:27.440 --> 0:48:30.680
<v Speaker 2>The assumption is everybody is operating in good faith, and

0:48:30.840 --> 0:48:35.640
<v Speaker 2>once that good faith disappears, then whatever the opposing party

0:48:35.719 --> 0:48:38.560
<v Speaker 2>is doing is read in a negative light and it

0:48:38.840 --> 0:48:43.080
<v Speaker 2>just gets further and further apart. Yea not a big surprise. So,

0:48:43.840 --> 0:48:48.360
<v Speaker 2>given how tech oriented you are, how much time and

0:48:48.440 --> 0:48:51.920
<v Speaker 2>effort do you spend building out the tech continuing to

0:48:52.080 --> 0:48:57.600
<v Speaker 2>expand it, making it just beefier than it was. How

0:48:57.680 --> 0:49:02.319
<v Speaker 2>much innovation can there be in terms of scraping state

0:49:02.440 --> 0:49:05.560
<v Speaker 2>judicial or federal judicial websites.

0:49:06.520 --> 0:49:09.160
<v Speaker 1>So there are two ways in which we can improve

0:49:09.239 --> 0:49:13.200
<v Speaker 1>the technology. One is adding more data sources for instance,

0:49:13.880 --> 0:49:16.880
<v Speaker 1>you know, adding our government receivable strategy. It was so

0:49:17.000 --> 0:49:19.600
<v Speaker 1>many new government websites that had to be scraped. And

0:49:19.640 --> 0:49:22.960
<v Speaker 1>then the second way is improving our existing process. And

0:49:23.440 --> 0:49:25.320
<v Speaker 1>I don't know if you've heard about the advent of

0:49:25.440 --> 0:49:28.719
<v Speaker 1>generative AI, but it has been kind of a game

0:49:28.840 --> 0:49:32.279
<v Speaker 1>changer for us and for a lot of legal tech

0:49:32.320 --> 0:49:36.200
<v Speaker 1>companies because now we're not just able to analyze the

0:49:37.880 --> 0:49:41.800
<v Speaker 1>the docket, but we're actually able to analyze the rulings

0:49:41.880 --> 0:49:45.000
<v Speaker 1>themselves and figure out what we like about them before

0:49:45.040 --> 0:49:45.759
<v Speaker 1>we reach out too.

0:49:45.800 --> 0:49:48.799
<v Speaker 2>So you're looking at rulings, are you looking at motion

0:49:48.960 --> 0:49:53.400
<v Speaker 2>papers also to see the strength of either either side's argument?

0:49:53.880 --> 0:49:55.279
<v Speaker 2>Is that something else you're looking at?

0:49:55.800 --> 0:49:59.080
<v Speaker 1>We usually analyze the orders themselves, so when an order

0:49:59.239 --> 0:50:02.520
<v Speaker 1>comes down, we can see exactly how many counts were

0:50:02.600 --> 0:50:06.919
<v Speaker 1>denied and how many counts were accepted, and that will

0:50:06.960 --> 0:50:09.359
<v Speaker 1>influence whether we reach out and when we reach out

0:50:09.400 --> 0:50:10.239
<v Speaker 1>and what we say when we.

0:50:10.280 --> 0:50:14.279
<v Speaker 2>Do reach out really interesting. So we're talking about scraping

0:50:15.920 --> 0:50:20.719
<v Speaker 2>data off of websites. In the world of economics, I

0:50:20.840 --> 0:50:23.759
<v Speaker 2>could go to FRED, or I could go to BLS

0:50:24.600 --> 0:50:28.200
<v Speaker 2>or BEEA, and I could just download an Excel spreadsheet

0:50:28.320 --> 0:50:33.120
<v Speaker 2>of all the historical data. Do the states not make

0:50:33.320 --> 0:50:36.000
<v Speaker 2>that sort of data available for anybody who wants it?

0:50:36.480 --> 0:50:39.320
<v Speaker 2>Does it require this complex scraping process.

0:50:39.760 --> 0:50:44.160
<v Speaker 1>So everything that the government does has to be publicly accessible,

0:50:44.560 --> 0:50:46.880
<v Speaker 1>but it doesn't mean that it has to be easy

0:50:46.960 --> 0:50:50.520
<v Speaker 1>to access, which is a completely different standard. And so

0:50:50.640 --> 0:50:53.880
<v Speaker 1>many of these state court websites are extremely difficult to access.

0:50:54.640 --> 0:51:00.080
<v Speaker 1>They are updated every day with new filings, But it

0:51:00.120 --> 0:51:02.240
<v Speaker 1>doesn't mean that you can just go in and download

0:51:02.280 --> 0:51:04.480
<v Speaker 1>a CSV. I mean, if we could, that would make

0:51:04.520 --> 0:51:05.279
<v Speaker 1>our lives so much.

0:51:05.200 --> 0:51:07.440
<v Speaker 2>Easier, although it make it easier for people to come

0:51:07.480 --> 0:51:08.239
<v Speaker 2>in and compete with you.

0:51:08.400 --> 0:51:09.080
<v Speaker 1>That's also true.

0:51:10.239 --> 0:51:12.600
<v Speaker 2>Do you ever get pushed back from states? Hey, why

0:51:12.640 --> 0:51:15.120
<v Speaker 2>are you spending so much time on our servers? We've

0:51:15.239 --> 0:51:18.120
<v Speaker 2>noticed that eighty percent of our traffic was you last week.

0:51:18.239 --> 0:51:22.920
<v Speaker 2>What sort of pushback do you get from individual state websites?

0:51:23.360 --> 0:51:25.960
<v Speaker 1>So that was the problem that Christian ran into at

0:51:26.000 --> 0:51:29.080
<v Speaker 1>Harvard back in the day, and it was because we

0:51:29.160 --> 0:51:31.840
<v Speaker 1>were newbies at it. And when you actually do it

0:51:31.920 --> 0:51:34.200
<v Speaker 1>for a long time, you learn to moderate your traffic

0:51:34.360 --> 0:51:36.160
<v Speaker 1>and only go to the pages that you need to

0:51:36.200 --> 0:51:36.400
<v Speaker 1>go to.

0:51:36.640 --> 0:51:38.560
<v Speaker 2>Right, I'm assuming you could do that at night. You

0:51:38.640 --> 0:51:42.080
<v Speaker 2>could do it when it's less less trafficked. You could

0:51:42.120 --> 0:51:44.520
<v Speaker 2>show up in a way that isn't taxing to them.

0:51:44.840 --> 0:51:48.319
<v Speaker 1>We're trying to build a sustainable business here, not take

0:51:48.400 --> 0:51:49.799
<v Speaker 1>down a state server.

0:51:50.160 --> 0:51:53.640
<v Speaker 2>Right, easy enough. So out of all of these cases

0:51:53.719 --> 0:51:57.279
<v Speaker 2>that you've done over the years, and now you're on

0:51:57.400 --> 0:51:58.719
<v Speaker 2>your fourth fund, is that right?

0:51:58.840 --> 0:52:01.719
<v Speaker 1>Fourth? Fie? Right? We're launching our fourth fund later this year.

0:52:02.680 --> 0:52:07.520
<v Speaker 2>So what's the biggest takeaway from the process that you've learned? Like,

0:52:07.719 --> 0:52:11.160
<v Speaker 2>having done this for nearly a decade, how are you

0:52:11.320 --> 0:52:15.200
<v Speaker 2>looking at this practice of alt credit? What's the big

0:52:15.400 --> 0:52:20.720
<v Speaker 2>lesson you've learned in building the fund since twenty seventeen.

0:52:22.239 --> 0:52:28.240
<v Speaker 1>So I think that people over complicate finance. I've learned

0:52:28.280 --> 0:52:31.480
<v Speaker 1>that if I can't understand someone after having it explained

0:52:31.520 --> 0:52:34.880
<v Speaker 1>to me once or twice, then it probably doesn't make

0:52:34.960 --> 0:52:38.640
<v Speaker 1>sense and they're just pretending to understand it. I think

0:52:38.880 --> 0:52:42.520
<v Speaker 1>the underlying fact of credit or finance or any kind

0:52:42.560 --> 0:52:45.560
<v Speaker 1>of investing is I give you a certain amount of money,

0:52:46.120 --> 0:52:49.680
<v Speaker 1>and you give it back to me if X, y Z,

0:52:50.200 --> 0:52:53.200
<v Speaker 1>and you have to understand under what circumstances you get

0:52:53.239 --> 0:52:55.120
<v Speaker 1>it back and how you get it back, And you

0:52:55.200 --> 0:52:57.839
<v Speaker 1>have to understand under what circumstances you disperse and how

0:52:57.920 --> 0:53:01.040
<v Speaker 1>you disperse, and then you try to minim the gap

0:53:01.120 --> 0:53:03.920
<v Speaker 1>in time and maximize the difference between what you put

0:53:03.960 --> 0:53:07.000
<v Speaker 1>out and what you get back. It's really not that complicated,

0:53:07.120 --> 0:53:10.680
<v Speaker 1>but I think that modern finance has had so many

0:53:10.760 --> 0:53:14.279
<v Speaker 1>smart people try and overcomplicate it that they've obscured that

0:53:14.440 --> 0:53:15.279
<v Speaker 1>very simple fact.

0:53:15.840 --> 0:53:19.080
<v Speaker 2>So I'm going to give you a little pushback on that.

0:53:19.680 --> 0:53:23.239
<v Speaker 2>I think complexity is a feature, not a bug, and

0:53:23.440 --> 0:53:28.480
<v Speaker 2>it's done by people within a particular industry. That's what

0:53:28.680 --> 0:53:33.239
<v Speaker 2>jargon is because they're trying to prevent people from understanding.

0:53:33.960 --> 0:53:35.800
<v Speaker 2>And you're not going to pay for a consultant or

0:53:35.800 --> 0:53:38.920
<v Speaker 2>an expert if it's simple. But look how complex it is.

0:53:39.320 --> 0:53:41.000
<v Speaker 2>Write me a big check and I'll explain it to

0:53:41.520 --> 0:53:43.600
<v Speaker 2>or I'll explain it to whoever you want me to

0:53:43.640 --> 0:53:46.880
<v Speaker 2>explain it to. It seems I completely agree with you,

0:53:47.520 --> 0:53:50.600
<v Speaker 2>but a lot of what I see that's complex.

0:53:51.760 --> 0:53:52.520
<v Speaker 1>It's intentional.

0:53:52.760 --> 0:53:56.279
<v Speaker 2>You have to look at the insensive the incentive to

0:53:56.400 --> 0:54:00.200
<v Speaker 2>make things simple and understandable versus the incentive for them

0:54:00.239 --> 0:54:02.560
<v Speaker 2>to be complex, and the amount of fees that can

0:54:02.640 --> 0:54:03.400
<v Speaker 2>be charged on that.

0:54:04.280 --> 0:54:07.880
<v Speaker 1>My other pet theory about finance is that there are

0:54:08.760 --> 0:54:13.080
<v Speaker 1>many ways to make money, but most of them have

0:54:13.360 --> 0:54:17.360
<v Speaker 1>markets associated. And so anytime there's a market, the purpose

0:54:17.440 --> 0:54:19.760
<v Speaker 1>of a market is to compete out all the alpha

0:54:20.440 --> 0:54:24.120
<v Speaker 1>and so what people are saying is usually I'm smarter

0:54:24.280 --> 0:54:27.080
<v Speaker 1>than everyone else in the market, and that goes against

0:54:27.120 --> 0:54:30.440
<v Speaker 1>the fundamental efficient market hypothesis, right, And so where you

0:54:30.480 --> 0:54:33.000
<v Speaker 1>should try to be instead is the area where there

0:54:33.080 --> 0:54:35.040
<v Speaker 1>hasn't been a market formed yet. You should try to

0:54:35.080 --> 0:54:37.680
<v Speaker 1>be at the place where there isn't a sale and

0:54:37.760 --> 0:54:40.400
<v Speaker 1>then try to force them into a sale. Rather than

0:54:40.440 --> 0:54:42.479
<v Speaker 1>going to the auction house and assuming that you're buying

0:54:42.560 --> 0:54:44.000
<v Speaker 1>the art for the right price.

0:54:44.120 --> 0:54:47.719
<v Speaker 2>Right, when you're buying in a deep broad market, you

0:54:47.760 --> 0:54:51.480
<v Speaker 2>would assume that you're going to get something close to

0:54:51.600 --> 0:54:54.359
<v Speaker 2>fair value. It's not going to be If it's too

0:54:54.480 --> 0:54:57.319
<v Speaker 2>much over fair value, well people aren't going to buy it, right.

0:54:57.440 --> 0:54:59.680
<v Speaker 2>And if it's too much under fair value, it'll attract

0:54:59.760 --> 0:55:05.080
<v Speaker 2>enough competition that will eventually inefficiencies get arbitraged out of

0:55:05.120 --> 0:55:08.520
<v Speaker 2>the market. So let me throw you one curveball before

0:55:08.560 --> 0:55:11.920
<v Speaker 2>we get to our favorite questions. And I'm kind of

0:55:12.040 --> 0:55:16.560
<v Speaker 2>fascinated by this. So you publish essays kind of regularly

0:55:17.320 --> 0:55:21.440
<v Speaker 2>at Silicone Valet, and one of the questions I found.

0:55:21.640 --> 0:55:23.640
<v Speaker 2>One of the essays I found that was so interesting

0:55:23.800 --> 0:55:26.800
<v Speaker 2>is I woke up and I found that the Harvard

0:55:26.920 --> 0:55:31.919
<v Speaker 2>Registrars has finally shut down my at Harvard dot edu

0:55:32.640 --> 0:55:36.600
<v Speaker 2>email address. And even though you dropped out in twenty sixteen,

0:55:36.680 --> 0:55:40.000
<v Speaker 2>you kept promising yourself, Hey, I'd be back on campus

0:55:40.120 --> 0:55:44.200
<v Speaker 2>in the fall. Was that a little bittersweet losing your

0:55:45.080 --> 0:55:49.440
<v Speaker 2>undergraduate email address? Because I know people at other schools

0:55:49.520 --> 0:55:52.800
<v Speaker 2>like Wharton and Yale, they graduate, they keep that email

0:55:52.800 --> 0:55:54.120
<v Speaker 2>address for their whole lives.

0:55:55.080 --> 0:55:58.960
<v Speaker 1>So the interesting thing about my life has been that

0:55:59.360 --> 0:56:02.560
<v Speaker 1>I kind of grew up with the company. So when

0:56:02.560 --> 0:56:07.040
<v Speaker 1>I started the company, I was twenty and I was

0:56:07.280 --> 0:56:10.520
<v Speaker 1>basically just out of my parents' house. And these days

0:56:11.480 --> 0:56:14.040
<v Speaker 1>I have my own house and I have a one

0:56:14.080 --> 0:56:18.880
<v Speaker 1>year old baby. And last fall I made Thanksgiving dinner

0:56:19.000 --> 0:56:23.239
<v Speaker 1>for the first time and A lot of what I

0:56:23.360 --> 0:56:26.560
<v Speaker 1>think about when I think about leaving Harvard is that

0:56:27.800 --> 0:56:30.400
<v Speaker 1>it's really like gazing back at your own youth, and

0:56:30.520 --> 0:56:33.200
<v Speaker 1>so you feel a lot of nostalgia for the person

0:56:33.280 --> 0:56:35.239
<v Speaker 1>that you used to be and how different you are

0:56:35.400 --> 0:56:39.160
<v Speaker 1>from them. And along the way, you know, I poured

0:56:39.239 --> 0:56:41.759
<v Speaker 1>those years into the company and grew it to where

0:56:41.800 --> 0:56:43.759
<v Speaker 1>it is today. So I think that's really what that

0:56:44.320 --> 0:56:45.719
<v Speaker 1>essay is reflecting.

0:56:45.880 --> 0:56:49.000
<v Speaker 2>All right, let's jump to our speed round, our favorite questions.

0:56:49.080 --> 0:56:51.960
<v Speaker 2>We ask all our guests, starting with tell us what

0:56:52.080 --> 0:56:54.160
<v Speaker 2>you're streaming these days? What are you watching or listening

0:56:54.200 --> 0:56:56.239
<v Speaker 2>to that's keeping you entertained.

0:56:57.160 --> 0:56:59.759
<v Speaker 1>So I'm a big fan of Morgan Housel's podcast, where

0:57:00.000 --> 0:57:04.400
<v Speaker 1>talks about the psychology of money. It's very rare to

0:57:04.480 --> 0:57:09.080
<v Speaker 1>find someone who's deeply philosophical but also interested in finance,

0:57:09.280 --> 0:57:11.880
<v Speaker 1>and his podcast is the perfect intersection of that.

0:57:12.320 --> 0:57:15.960
<v Speaker 2>Let's talk about your mentors who helped to shape your career.

0:57:17.520 --> 0:57:22.080
<v Speaker 1>I'm going to have to say our old general counsel Curtis,

0:57:22.280 --> 0:57:25.520
<v Speaker 1>who shaped everything that Christian and I know about litigation

0:57:25.680 --> 0:57:27.960
<v Speaker 1>and also made us lawyers like it.

0:57:28.800 --> 0:57:31.000
<v Speaker 2>Let's talk about books. What are some of your favorites

0:57:31.000 --> 0:57:32.240
<v Speaker 2>and what are you reading right now?

0:57:32.680 --> 0:57:35.600
<v Speaker 1>Oh? Okay, So there are two people who have worked

0:57:35.640 --> 0:57:39.760
<v Speaker 1>in finance who have written actual literary works. One is

0:57:40.000 --> 0:57:43.160
<v Speaker 1>Gary Sernowitz, who wrote The Counting House and I've got

0:57:43.240 --> 0:57:46.520
<v Speaker 1>a copy for you today. And then the second is

0:57:46.680 --> 0:57:49.640
<v Speaker 1>this guy name Amore Towels, who worked at an investment

0:57:49.760 --> 0:57:53.800
<v Speaker 1>bank for twenty years and then switched completely to writing fiction.

0:57:54.240 --> 0:57:55.920
<v Speaker 1>And so what I like about his stuff is that

0:57:56.200 --> 0:58:00.240
<v Speaker 1>most literary authors have only ever been authors. And you're

0:58:00.240 --> 0:58:03.280
<v Speaker 1>an author, you are coming from a place of passivity

0:58:03.320 --> 0:58:05.720
<v Speaker 1>where you're not actually an actor in the world. You

0:58:05.840 --> 0:58:08.320
<v Speaker 1>have no ability to change the world. You're just observing it.

0:58:08.920 --> 0:58:12.400
<v Speaker 1>But because Amortowels has been in business for so long,

0:58:12.880 --> 0:58:17.600
<v Speaker 1>he writes characters that are extremely proactive and optimistic and

0:58:17.720 --> 0:58:20.200
<v Speaker 1>have such a good attitude that they're able to shape

0:58:20.240 --> 0:58:22.520
<v Speaker 1>the world around them. So his most famous one is

0:58:22.560 --> 0:58:23.920
<v Speaker 1>called a Gentleman in Moscow.

0:58:24.240 --> 0:58:24.880
<v Speaker 2>Oh of course.

0:58:25.040 --> 0:58:28.120
<v Speaker 1>Yeah. The main character is literally trapped in a hotel

0:58:28.680 --> 0:58:32.360
<v Speaker 1>in revolutionary Russia, but he manages to create a life there,

0:58:32.400 --> 0:58:35.080
<v Speaker 1>which shows that you can you can change your environment

0:58:35.120 --> 0:58:36.320
<v Speaker 1>no matter what your environment is.

0:58:36.480 --> 0:58:38.480
<v Speaker 2>You know, I used to think all of the Michael

0:58:38.560 --> 0:58:42.160
<v Speaker 2>Lewis books that were so interesting were because he spent

0:58:42.320 --> 0:58:46.240
<v Speaker 2>years in finances at Salomon Brothers. So Liar's Poker and

0:58:46.320 --> 0:58:49.400
<v Speaker 2>The Big Short. Yeah, but then you start to see

0:58:49.480 --> 0:58:55.720
<v Speaker 2>his other books like Moneyball or The blind Side or

0:58:55.840 --> 0:59:00.360
<v Speaker 2>the Pandemic book Premonition, and he has no experience in

0:59:00.400 --> 0:59:04.720
<v Speaker 2>those spaces. He's just like an incredibly talented writer. Yeah,

0:59:05.960 --> 0:59:10.360
<v Speaker 2>but that's really an interesting set of observations. The guy

0:59:10.400 --> 0:59:12.560
<v Speaker 2>who wrote Gentlemen in Moscow. What are some of the

0:59:12.640 --> 0:59:15.000
<v Speaker 2>other books he's written.

0:59:14.800 --> 0:59:19.240
<v Speaker 1>That you like. He has one that he just published

0:59:19.400 --> 0:59:22.520
<v Speaker 1>called Table for Two. And then my favorite of his

0:59:22.760 --> 0:59:25.760
<v Speaker 1>is a short story called You Have Arrived at Your Destination.

0:59:26.360 --> 0:59:29.720
<v Speaker 1>And the short story is about this idea that if

0:59:29.800 --> 0:59:31.760
<v Speaker 1>you were to be able to project the lives of

0:59:31.840 --> 0:59:35.040
<v Speaker 1>your children, it would be in three acts like a play.

0:59:35.600 --> 0:59:38.600
<v Speaker 1>So in the first act you have youthful optimism, where

0:59:38.640 --> 0:59:40.640
<v Speaker 1>you have all these hopes and dreams and the world

0:59:40.720 --> 0:59:43.040
<v Speaker 1>is opening itself up to you. But then you have

0:59:43.120 --> 0:59:46.040
<v Speaker 1>the second act where you experience a setback. And he

0:59:46.200 --> 0:59:49.160
<v Speaker 1>calls this second act setback coming to terms with their

0:59:49.200 --> 0:59:52.640
<v Speaker 1>own limitations. And at this point a lot of people

0:59:52.880 --> 0:59:55.880
<v Speaker 1>just retreat or they give up. But then if you're

0:59:55.920 --> 0:59:58.000
<v Speaker 1>able to kind of accept who you are, you can

0:59:58.080 --> 1:00:01.480
<v Speaker 1>move into the third phase, which is a place where

1:00:01.480 --> 1:00:03.600
<v Speaker 1>you can be a better person and live a deeper

1:00:03.680 --> 1:00:04.400
<v Speaker 1>and richer life.

1:00:04.640 --> 1:00:08.000
<v Speaker 2>I can't argue with that. That sounds pretty accurate. Our

1:00:08.120 --> 1:00:12.680
<v Speaker 2>final two questions, some of which I'm really curious to

1:00:12.720 --> 1:00:15.920
<v Speaker 2>see your answers. So what sort of advice would you

1:00:16.040 --> 1:00:19.960
<v Speaker 2>give I shouldn't even say, reaching recent college grad somebody

1:00:20.040 --> 1:00:24.080
<v Speaker 2>in college who was interested in a career in all

1:00:24.480 --> 1:00:28.200
<v Speaker 2>credit or hedge funds or finance, how would you advise them?

1:00:29.280 --> 1:00:33.520
<v Speaker 1>So my own trajectory has been a little bit unusual,

1:00:34.400 --> 1:00:37.720
<v Speaker 1>and I think that most people assume that finance is

1:00:37.840 --> 1:00:42.080
<v Speaker 1>an apprenticeship business where you can only learn by studying

1:00:42.160 --> 1:00:44.600
<v Speaker 1>with someone who has already done it. But I think

1:00:44.680 --> 1:00:47.040
<v Speaker 1>that coming from that perspective means that you're always going

1:00:47.120 --> 1:00:49.040
<v Speaker 1>to do it the way that people did it before,

1:00:49.360 --> 1:00:52.960
<v Speaker 1>and we've always had this advantage from being able to

1:00:53.040 --> 1:00:57.920
<v Speaker 1>examine everything from first principles. So I guess my advice

1:00:57.960 --> 1:01:01.120
<v Speaker 1>would be that people should not be afraid to deviate

1:01:01.280 --> 1:01:03.240
<v Speaker 1>from that traditional lockstep path.

1:01:03.840 --> 1:01:06.200
<v Speaker 2>And our final question, what do you know about the

1:01:06.240 --> 1:01:12.800
<v Speaker 2>world of litigation, finance, data scraping, investing, Waltz credit today

1:01:13.320 --> 1:01:15.960
<v Speaker 2>you wish you knew back in twenty sixteen when you

1:01:16.040 --> 1:01:18.680
<v Speaker 2>were first thinking about launching the business.

1:01:19.400 --> 1:01:23.479
<v Speaker 1>Back then, I really didn't know anything. So being young

1:01:23.720 --> 1:01:26.360
<v Speaker 1>is like having a flashlight that only shines on and

1:01:26.440 --> 1:01:27.840
<v Speaker 1>step ahead of you and no further.

1:01:29.000 --> 1:01:29.920
<v Speaker 2>That's very interesting.

1:01:30.480 --> 1:01:32.760
<v Speaker 1>I don't think that there's anything that I've could have

1:01:32.840 --> 1:01:35.600
<v Speaker 1>told myself that I would have had the context to understand.

1:01:35.800 --> 1:01:39.960
<v Speaker 2>So it's really the journey, the process that you learn

1:01:40.000 --> 1:01:42.920
<v Speaker 2>along the way. Even had you started with what you

1:01:43.080 --> 1:01:45.080
<v Speaker 2>know today, it doesn't sound like you think it would

1:01:45.080 --> 1:01:46.000
<v Speaker 2>have been in any use.

1:01:46.400 --> 1:01:51.840
<v Speaker 1>Yeah, So land Samantha Chang has this quote where she says,

1:01:52.640 --> 1:01:55.280
<v Speaker 1>if I could change anything about my life, I would

1:01:55.320 --> 1:01:57.320
<v Speaker 1>not have been so unhappy when I was young.

1:01:57.920 --> 1:02:01.200
<v Speaker 2>You're so focused on the future sometimes forget to enjoy

1:02:01.280 --> 1:02:04.680
<v Speaker 2>the moment exactly, and that is very true for a

1:02:04.720 --> 1:02:08.760
<v Speaker 2>lot of young people, especially in hyper competitive fields, no

1:02:08.880 --> 1:02:12.000
<v Speaker 2>doubt about it. Well, Eva, this has been absolutely fascinating.

1:02:12.040 --> 1:02:14.480
<v Speaker 2>We have been speaking with Eva Shang. She is the

1:02:14.560 --> 1:02:18.960
<v Speaker 2>co founder, CEO, and general partner at Legalist. If you

1:02:19.200 --> 1:02:21.800
<v Speaker 2>enjoy this conversation, well check out any of the past

1:02:22.480 --> 1:02:26.560
<v Speaker 2>five hundred discussions we've had over the previous July will

1:02:26.600 --> 1:02:30.320
<v Speaker 2>be ten years. You can find those at iTunes, Spotify, YouTube,

1:02:30.440 --> 1:02:34.280
<v Speaker 2>wherever you find your favorite podcast. Be sure and check

1:02:34.320 --> 1:02:38.400
<v Speaker 2>out my new podcast At the Money, short ten minute

1:02:38.440 --> 1:02:44.080
<v Speaker 2>conversations with experts about topics that affect your cash, earning it,

1:02:44.240 --> 1:02:48.160
<v Speaker 2>spending it, and most importantly, investing it. You can find

1:02:48.160 --> 1:02:50.880
<v Speaker 2>those in the Masters and Business feed, or wherever you

1:02:51.000 --> 1:02:54.640
<v Speaker 2>find your favorite podcasts. I would be remiss if I

1:02:54.720 --> 1:02:56.760
<v Speaker 2>did not thank the Cracked team that helps us put

1:02:56.800 --> 1:03:00.760
<v Speaker 2>these conversations together each week. Sage Bauman is my head

1:03:00.920 --> 1:03:05.040
<v Speaker 2>of Podcasts at Bloomberg. Sarah Livesey is my audio engineer

1:03:05.160 --> 1:03:08.880
<v Speaker 2>at Tiko of Albroun. My project manager, Anna Luke is

1:03:08.960 --> 1:03:14.040
<v Speaker 2>my producer. Sean Russo my researcher. I'm Barry Brittoltz. You've

1:03:14.080 --> 1:03:17.640
<v Speaker 2>been listening to Masters in Business on Bloomberg Radio.