Guide to Litigation Financing

Westfleet Advisors is the only credible, unbiased source of expertise on the subject of litigation finance because we are independent from the community of litigation funding providers. Our Guide to Litigation Financing is the definitive resource for objective information about issues related to commercial litigation finance. Its purpose is to provide company executives and outside legal counsel with an authoritative tool to understand whether litigation finance is right for their organization, and if so, how to approach the marketplace.

Download the Litigation Finance Guide to discover the facts about these and many other useful topics:

Advanced applications for commercial litigation funding

You can read in more detail about the wide range of financing structures that are available and how companies and law firms are taking advantage of the various options in ways that may not be readily apparent. The Guide includes several hypotheticals that are based closely upon actual financing scenarios designed to illustrate the mechanics of these arrangements.

 Architecture of litigation financing agreements

Beyond the basic elements of financing transactions, you can learn more about how these agreements are negotiated and drafted, what types of compliance and monitoring requirements to expect, definitions of commonly used terms, and important provisions that address various unexpected (but foreseeable) events. What are the implications of changing litigation counsel? What happens in the event of default? When can a funder terminate the funding agreement? These and many other questions are addressed in the Guide.

 Analysis of litigation financing costs

Any executive or lawyer who is exploring litigation funding needs to know how much of the litigation economics they will have to give up in order to attract a litigation funder. This question is very difficult to answer because each financing situation is different and will be individually negotiated and customized. Even though litigation finance arrangements are bespoke, certain guidelines and parameters that are described in the Guide are helpful for anyone investigating litigation financing.

 Best practices for a successful transaction

Consummating a litigation funding transaction is akin to raising venture capital or private equity. Not only are the stakes high, but the process is also quite involved. Avoiding pitfalls in the exploration and the negotiation of litigation financing arrangements will save executives and lawyers a great deal of time and headache. Our Guide to Litigation Financing provides useful information about how the litigation funding industry is organized, how the litigation funders are managed and key factors litigation funders consider when evaluating an opportunity. Advanced knowledge of the landscape equips potential recipients with a distinct advantage.

BONUS Videos: Westfleet Advisors Webinar Series on Litigation Finance

This webinar series is an educational tool designed for lawyers who wish to become conversant with their clients on the topic of commercial litigation financing. The three-part series begins with a very basic overview of the topic and then delves in a more substantive discussion of the legal and ethical considerations as well as advanced practical considerations of incorporating litigation finance into lawyers’ practices. Each segment is approximately 20 minutes in length. Lawyers who complete the series will be well equipped to recognize candidates for litigation finance and to advise their clients about it. Feel free to share them with your colleagues…and let us know if we can answer any questions!

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