To help offset litigation expenses prior to a verdict or settlement, many companies have started to turn to alternative financing sources with increasing frequency. Companies have also begun to seek to insure successful judgments on appeal through innovative insurance products. Saul Ewing attorneys advise funders, insurers and litigation clients from various angles throughout this cycle, giving us a deep understanding of the various forms of risk financing.
We help clients of all types secure litigation funding in order to pursue their claims. With this financing, clients can bring litigation with less risk and without diverting their capital to pay for legal fees and costs. They can also reduce the impact of litigation on their balance sheet, and at times even monetize certain claims.
Our team also assists insurers and litigation funding companies in quantifying the risk of a verdict, decision, or potential claim as these entities consider whether to insure a verdict or court ruling or finance a lawsuit. We draw on the strength of our insurance law bench as needed and leverage our relationships with litigation funding companies to help clients secure beneficial financial arrangements.
Our work includes:
- Litigation Funding Analysis: For litigation funders, we review potential claims and provide an opinion on their worthiness to assist clients in deciding whether to underwrite a case.
- Funded Litigation: We help our clients secure litigation financing either as a separate service or as part of providing legal representation in the ensuing matter.
- Judgment Preservation: On behalf of insurers, we analyze the merits of a ruling or verdict and create a risk assessment to help the client determine whether to insure the ruling/verdict on appeal.
For a selection of our litigation finance and judgment preservation representations, click here.
- A city in seeking funding and negotiating a multi-million-dollar settlement from a multinational corporation due to contamination of several of the city’s public water supply wells by polyfluoroalkyl substances (PFAS).
- A technology company in securing litigation funding and filing patent infringement complaints against multiple multinational corporations.
- A large corporation in securing funding and pursuing antitrust claims relating to overcharges for transportation services.
- An insurer seeking guidance on whether to insure multiple verdicts on appeal.
- A litigation funder seeking guidance on whether to fund multiple different commercial litigation and intellectual property matters.
- An ophthalmic company in negotiating a commercial litigation financing agreement.
- A litigation funding company in advising on potential insurance for a patent portfolio.
