Litigation funding presents massive opportunities both for litigants to control litigation costs and protect their bottom line, and for funders to increase return value. Our experienced team can help you take full advantage in either scenario.
There are a range of litigation funding products available for litigants, which include single case litigation funding, portfolio litigation funding (where multiple claims may be considered and funded under a single facility), litigation appeal and enforcement funding, and class actions. Through our relationships with the most active and leading litigation funding firms in the U.S. and U.K. we are able to offer litigating clients the ability to fund part or all of their litigation costs, to ease burdens and meet their end goals. Similarly, as one of the first firms to offer comprehensive advice to our clients in this area, our cross-disciplinary approach, global reach, and depth of experience make Brown Rudnick well placed to counseling both investors and lenders in matters related to the growing field of litigation funding as an asset class.
Litigation funding is most commonly encountered on a single case basis and is primarily intended for claimants. The basic concept is that a claimant can obtain funding for some or all of their legal fees and expenses in exchange for payment in the event of an award of damages or settlement, without any obligation to make payment if the claim does not succeed. This type of funding is often paired with after the event insurance, where the party pays a premium to secure cover against the risk of liability for adverse costs in the event of a loss.
Our Litigation Funding team includes attorneys from our market-leading finance, corporate, litigation and arbitration, bankruptcy and restructuring, intellectual property, and tax practices. Our team can provide clients with risk and return assessments of prospective litigation, structure the financing arrangements, monitor the progress of the litigation, and assist in bringing matters to a successful resolution via settlement or trial.
In addition, we are acutely aware of the expectations which the market has in respect of the acquisition and financing of litigation claims and international arbitration awards. Working with our colleagues in the transactional teams and other advisors, we prepare, advise on and negotiate the deal documentation in order to manage the transaction to a successful close.
Our attorneys are seen as thought leaders in the industry and are frequently invited to speak at industry events.