Litigation Finance

Insights

Some thoughts from us…

Anticipating the Puck

Though perhaps overused, we hope the Stanley Cup Finals offer sufficient cover to quote the famous Wayne Gretzky line: “A good hockey player plays where the puck is. A great hockey player plays where the puck is going to be."

Read More
Jim Romeo
Mass Torts: When the Music Stops

No doubt, investors continue to be intrigued by the promise of high risk-adjusted returns with limited correlation to the broader markets. So are we. With that said, and as it relates to law firm loans made to mass tort attorneys, there is a question that seems to quietly echo through investment committees of the most well initiated in the space: how many of these loans will perform without having to be refinanced? Indeed, one may sense an implicitly understood game of musical chairs growing in amplitude with ever-ballooning loan sizes driven by re-financed exits. The music, for now, plays on... 

Read More
Jim Romeo
The Nuanced Reality of Litigation Finance

“Litigation Finance” is a broad term for various types of investments that fund participants in the civil justice system. While these investments can theoretically take the form of any security, they are typically fairly vanilla in nature, most often taking the form of a credit or credit-like structure. The investment thesis supporting modern litigation funders represents a paradigm shift that recognizes legal claims as assets with value that can support capital investment. Given annual revenue in the legal services industry exceeds $430 billion, there has never been a better time to explore the space either as an investor or consumer of capital

Read More
Jim Romeo
How much justice can you afford? 

Reasonable access to have a legal claim or defense heard in court is guaranteed by the United States Constitution. However, given the high costs of litigation - including attorney fees, court fees, and depositions - many still contend that the U.S. judicial system is rigged to favor the wealthy. The need for capital to fund litigation may cause undercapitalized plaintiffs to defer or ultimately abandon legal recourse. Within this environment, it may be posited that access to capital, rather than access to the courts, distorts legal outcomes.

Read More
Jim Romeo
Law Firm Financing Primer

At its most basic level, litigation finance is the practice whereby a third-party, previously unrelated to the antecedent event of a lawsuit provides money to one of its parties in return for a financial reward derived from a potential positive outcome. The capital provided by Litfin investors may help individual plaintiffs pay for living expenses or directly pay for some of the costs of litigation, including attorneys’ fees, expert witness fees, court costs and other expenses associated with a lawsuit. Alternatively, it can be invested in law firms to finance operations that support a broad portfolio of lawsuits. The financial reward for investors can take different forms including a flat fee, a multiple on the amount advanced, a percentage of the amount recovered or an interest rate when it is a loan to a law firm (among other more creative structures).

Read More