Litigation can be a risky, costly undertaking for any company, in which even the strongest of claims can pale in comparison to the funds needed to bring (or defend) them in court. Caught between the expense of outside representation and the hard budgetary line drawn by a company’s chief financial officer is the chief legal officer, who must balance the merits of a case against the available resources.
As Burford Capital CEO Christopher Bogart puts it: “The classic dilemma faced by general counsel is that companies often have litigation that they want to pursue, but no budget—or a reluctant budget, shall we say—to do so.”
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