Litigation Finance & Contingent Litigation Risk Insurance

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With the emergence and growth of alternative financing options and insurance risk mitigation mechanisms surrounding litigation, Saul Ewing has developed its Litigation Finance & Contingent Litigation Risk Insurance Group. Our attorneys advise litigation funders, investors, insurers and other clients by underwriting and analyzing litigation risks surrounding potential litigation claims, jury verdicts, case merits, and appeals. 

The Saul Ewing team has substantive experience conducting strategic underwriting diligence and risk assessments of intellectual property, patent, trade secret, and commercial cases. For litigation funders, we review potential claims and provide an opinion and risk assessment. For insurance, we assist insurers in assessing litigation risk from multiple angles, including adverse judgment and judgement preservation risk. This includes analyzing the merits of a case, ruling or verdict and creating a risk assessment associated with a potential litigation-based insurance policy. 

We also represent parties in ongoing funded litigation.  This hands-on experience gives us deep insight when consulting our clients and helping them negotiate and secure litigation financing agreements.

Our work includes:

  • Litigation Funding Due Diligence: conducting due diligence analyses in patent cases involving a wide variety of technology, and commercial litigation cases ranging from health care fraud to space launching services
  • Insurance Risk Assessments: conducting risk assessments for insurers in standalone and portfolio patent cases, as well as commercial disputes, relating to contingent litigation risk policies
  • Funded Litigation: serving as lead trial counsel in various patent and antitrust cases
  • Advisory Services: assisting clients in the negotiation of funding agreements and market terms

 

Key Contacts
Casey Grabenstein
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Experience

Saul Ewing attorneys have represented clients in these select litigation funding and contingent litigation risk insurance matters:

Litigation Funding Due Diligence

  • Due diligence analyses in patent cases for multiple litigation funding matters with estimated damages totaling billions of dollars in cases involving a wide variety of technology, including wireless speaker and microphone technologies, mechanical and housing-related technologies, 802.11 Wi-Fi and 3G, 4G and LTE technologies, streaming media technologies, smart thermostat technology, and location-based services technologies.
  • Due diligence analyses in commercial litigation cases for multiple litigation funding matters with estimated damages totaling billions of dollars in cases ranging from health care fraud to space launching services.

Insurance Risk Assessments

  • Risk assessments for insurers in standalone and portfolio patent cases, including potential insurance for $2 billion verdict, insurance for $5 billion patent portfolio, and insurance for patent litigation in 4G and LTE space.
  • Risk assessments for insurers in commercial litigation, including analysis of $2 billion trade secret judgment, fraud class actions, and FINRA arbitration.

Funded Litigation

  • Lead trial counsel in patent litigation-fund funded matter relating to Bluetooth low energy technology.
  • Lead trial counsel in patent litigation-funded matter for security and network access control patent campaign. 
  • Lead trial counsel in patent litigation-funded matter for standard essential SAS and storage disk drive space.
  • Lead trial counsel in antitrust litigation relating to freight surcharges.

Advisory Services

  • Multiple clients in the negotiation of funding agreements and market terms.
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