Since 2009, the loan market has largely set aside concerns regarding the arcane legal doctrine of “champerty,” on the basis of what appeared to be straightforward guidance from the New York Court of Appeals. A new decision from that same court, Justinian Capital SPC v. WestLB AG, 2016 NY Slip Op 07047 (2016), indicates that the champerty doctrine applies more broadly and remains a pertinent issue in the distressed debt and claims market.
In this client alert, RK&O attorneys Paul Haskel and John Clark discuss New York’s evolving law of champerty and its consequences for debt and claims transactions.