An issue that keeps some litigation funders up at night concerns the possibility of a claimant filing for bankruptcy after receiving funding and before their underlying case is resolved.  Proceeds from the case may become property of the bankruptcy estate and made available to the transferor’s creditors.  A carefully drafted litigation funding agreement (“LFA”) can…

“Look with open eyes and you will see the beauty of the waterfall.” – Anthony T. Hincks   A key term in pricing for litigation finance (sometimes called litigation funding) is the order of priority in which litigation proceeds are paid to parties with an interest in the matter including the litigation funder.  This is known…

You are the CEO of a thriving technology company.  Your chief legal officer informs you that a well-heeled vender has stolen components of the intellectual property that is your company’s lifeblood.  However, litigation is expensive and the thief is prepared to engage in a costly war of attrition intended to exhaust and overwhelm your business…