Litigation Finance & Insurance: 5 tips to securing the best funding terms

In the first of this 3-part series published in Inside Counsel, James Blick and Erika Levin present their top 5 tips for securing the best funding terms possible from the market.

Corporate litigation finance is still a relatively new phenomenon in the United States, but it is rapidly gaining prominence. Once perceived as relevant only to the financially weaker party in ‘bet the company’ litigation, there are now countless examples of major corporations with strong balance sheets recognizing the benefits of using non-recourse litigation finance, structured either around a single claim or a litigation portfolio.

To be able to present the possibility of litigation finance to the board, general counsel will invariably have questions about how it works, what is available, its benefits, its pitfalls and best practices for considering and obtaining funding…

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