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.

In the first of this 3-part series, we present our top 5 tips for securing the best funding terms possible from the market.

  1. 1. Dress the shop window

Once the decision is made to seek outside finance, the first question is often how best to present the opportunity to the litigation funding market. The approach taken to case presentation will have a significant bearing on the chances of obtaining offers and the speed with which the process can be completed.