Why Commercial Litigation Financing Is Sometimes Needed

commercial litigation funding

What is Litigation Funding?

Litigation funding, also known as third-party litigation funding, is a financial arrangement where a third-party investor provides the necessary capital to a plaintiff or law firm to pursue a legal claim. This is a form of third party financing and legal funding, where outside investors provide investment capital to support litigation. This type of funding is particularly beneficial for those who may not have the financial resources to cover the high costs associated with litigation. In return for their investment, the third-party funder receives a percentage of the settlement or award if the case is successful. One of the key advantages of litigation funding is that it is non-recourse, meaning that if the case is lost, the plaintiff or law firm is not required to repay the investment. These financing arrangements typically involve the funder bearing the risk if the case is unsuccessful. This arrangement allows plaintiffs and law firms to pursue justice without the financial risk typically associated with legal claims.

When pursuing a commercial claim sometimes commercial litigation financing (also known as commercial litigation funding) is needed, it can easily be costlier than thought of in the beginning. With this, the need of capital is almost a certainty to the law firms and the represented companies. If the call of capital goes unanswered the result is a loss for the businesses and the law firms that represent them. We can get funding for all types of cases including but not limited to I.P. (Intellectual Property), Trade Secret Theft, International Arbitration, Complex Business Disputes, and Class Action Lawsuits. All of this can be used for portfolios of litigation or for single case lawsuits. Verum funds litigation by covering various litigation costs, such as expert witness fees, legal fees, and court costs to name a few, which are essential for pursuing a legal claim.

With our commercial litigation funding which is non-recourse (which means if you lose your case, you owe nothing) it is available at almost any stage of litigation. It can be used to pay for legal fees/litigation, acquire working capital, getting the litigation off of the balance sheets, and be used to grow your law firm. By using Verum Funding to help your law firm or business with commercial litigation financing, you are helping by adding value to your business or law firm and in return you can focus on growing your business and or law firm. The funder is repaid by receiving a share of the case proceeds, which are the settlement or judgment amounts obtained in the legal case. The plaintiff or law firm receiving the funding is known as the funded party. This is why so many rely on Verum Funding for their commercial litigation financing.

Types of Commercial Litigation

Commercial litigation covers a broad spectrum of legal disputes that arise in the business world. Common types include breach of contract cases, business torts, intellectual property disputes, and antitrust claims. Each of these legal claims can involve intricate legal issues and significant financial stakes, making them both challenging and costly to litigate. Law firms and litigation funders often develop expertise in specific areas, such as intellectual property or antitrust litigation, to better serve clients facing these complex disputes. In these cases, litigation funding contracts and funding agreements are essential, as they clearly define the terms of the funding arrangement and the potential returns for the litigation funder. By leveraging commercial litigation finance, businesses and individuals can pursue their claims with confidence, knowing they have the financial backing to see the litigation through to a successful resolution.

Parties Involved in Litigation Finance

In the realm of litigation finance, three primary parties play crucial roles: the plaintiff, the law firm, and the litigation funder. The plaintiff is the individual or organization that initiates the legal claim, seeking justice or compensation for a grievance. The law firm represents the plaintiff, providing legal counsel and expertise throughout the litigation process. The litigation funder, on the other hand, is the third-party investor who provides the financial resources needed to cover litigation expenses. This arrangement is often referred to as party funding.

This collaboration allows the plaintiff to pursue their legal claim without bearing the financial burden, while the law firm can focus on delivering the best possible legal representation. In this context, the plaintiff or law firm is considered the funded party, and funders may act as passive investors who do not participate in strategic or case-level decisions. The litigation funder assumes the financial risk, making it a mutually beneficial arrangement for all parties involved.

Litigation funding provides the financial resources to the firm, enabling the firm to pursue legal claims without facing prohibitive cost and helping by leveling the playing field in the legal system. Additionally, litigation funders provide clients with not only financial resources but also access to a network of legal, economic, and enforcement experts to support them throughout the litigation process.

Stages in the Litigation Process

The litigation process in commercial cases unfolds through several distinct stages, each presenting its own set of challenges and expenses. It typically begins with an initial investigation and the filing of pleadings, followed by the discovery phase, where parties exchange information and gather evidence. Expert discovery may be required in more complex cases, leading up to pre-trial motions and preparations. The trial itself can be lengthy and resource-intensive, and even after a verdict, the appeals process may add further time and cost. Throughout each stage, legal fees and other litigation costs can quickly accumulate, making it essential to have a skilled legal team and a well-developed litigation strategy. Litigation funding provides crucial support at every step, ensuring that parties have the resources needed to advance their case and respond effectively to the demands of the litigation process.

Benefits of Commercial Litigation Funding

Commercial litigation funding offers numerous benefits to law firms, companies, and individuals involved in complex commercial disputes. One of the primary advantages is that it provides access to justice for those who may not have the financial resources to pursue a claim. By covering litigation costs, commercial litigation funding can help level the playing field, ensuring that cases are decided on their merits rather than the financial strength of the parties involved. In addition, commercial litigation funding has emerged as a unique asset class, attracting investors seeking non-correlated returns.

Another significant benefit is the mitigation of financial risks associated with pursuing a claim. With non-recourse financing, litigation funders absorb the financial burden, allowing law firms and companies to avoid substantial financial losses if the case is unsuccessful. This arrangement ensures that plaintiffs can pursue their legal claims without the fear of crippling financial repercussions. Funders often invest in multiple claims to diversify risk and maximize returns.

Commercial litigation funding also provides law firms with a competitive edge. By offering financing options to clients, law firms can differentiate themselves from competitors and attract new business. Additionally, this type of funding helps law firms manage their cash flow more effectively, reducing the financial strain of handling complex commercial disputes. This financial flexibility allows law firms to focus on delivering the best possible legal representation without being hindered by litigation costs. Funders conduct thorough due diligence on the underlying litigation before committing capital.

Business Litigation Financing Options

When it comes to financing commercial litigation, businesses and individuals have a range of options to consider. Traditional methods, such as bank loans or lines of credit, often require collateral and add to a company’s debt load. In contrast, litigation funding offers a non-recourse alternative, meaning repayment is only required if the legal claim is successful. Litigation funders evaluate the merits of the case and provide funding to cover legal fees, expert costs, and other litigation expenses, assuming the financial risk themselves. This approach to business litigation financing is especially attractive for high-value claims where the parties may lack the financial resources to pursue litigation to its conclusion. By choosing non-recourse funding, companies and individuals can protect their balance sheets and focus on achieving a favorable outcome without the added pressure of financial risk.

So How Does One Get Commercial Litigation Funding for a Lawsuit?

Apply with the intake on this page or call us at 434-535-5229. From there we will put you in contact with one of the many underwriters that we work with. They will look at the good and the bad of your case/cases and weigh out the likelihood of a win. Funders will evaluate your litigation claims to determine whether to fund the lawsuit. When and if it is approved, they will contact you to wire the funds to you.

Many litigants depending on their case are looking for commercial litigation funding for all the law fees and on some occasions just a partial funding regardless that there is usually a lot of money that is on the line.

Commercial litigation financing is an attractive option for many businesses and law firms. If there is cash due to the law firm or business you do not want to leave it on the table, especially when it is possible to go after claims without the cost and risk of using your own and or law firms’ money. It also gives the ability to have working capital and gives the firm considerably more access to expert litigators. It also gives the ability for many attorneys to take on cases that they would not usually be able to, even though the claims are great but due to needed capital they are not able to do so. Litigation funding provides financial assistance to help law firms and businesses pursue meritorious claims.

Commercial litigation funding investments can alleviate financial burdens and enhance profitability by eliminating legal expenses and providing valuable insights during litigation.

It also allows litigants the ability to pursue complicated case that they might not be able to afford if they did not have commercial litigation financing. Litigation funders can fund lawsuits that might otherwise be too costly to pursue. It can help with the ability to hire expert witnesses, reducing the risk of premature settlement, and the relief from running out of capital during litigation. It can also help many businesses avoid using their capital that could be used as working capital for the business during the litigation. If you have any of these problems then Verum Funding could have the ability to help you with commercial litigation funding.

Why Use Commercial Litigation Funding?

Commercial litigation financing is an attractive option for many businesses and law firms. If there is cash due to the law firm or business you do not want to leave it on the table, especially when it is possible to go after claims without the cost and risk of using your own and or law firms’ money. It also gives the ability to have working capital and gives the firm considerably more access to expert litigators. It also gives the ability for many attorneys to take on cases that they would not usually be able to, even though the claims are great but due to needed capital they are not able to do so.

Commercial litigation funding investments can alleviate financial burdens and enhance profitability by eliminating legal expenses and providing valuable insights during litigation.

It also allows litigants the ability to pursue complicated case that they might not be able to afford if they did not have commercial litigation financing. It can help with the ability to hire expert witnesses, reducing the risk of premature settlement, and the relief from running out of capital during litigation. It can also help many businesses avoid using their capital that could be used as working capital for the business during the litigation. If you have any of these problems then Verum Funding could have the ability to help you with commercial litigation funding.

Litigation Funding Agreement

A litigation funding agreement is a critical document that outlines the terms and conditions of the funding arrangement between the plaintiff, law firm, and litigation funder. Litigation funding agreements are typically confidential, reflecting the sensitive nature of the information involved. These agreements often specify the funder’s rights regarding settlement agreements, including the ability to review or approve any proposed resolution reached through mediation or negotiation. They may also address other strategic decisions in the litigation process, such as whether to settle, withdraw a claim, or file an appeal, with such decisions usually requiring the client’s consent. This contract specifies the amount of funding provided, the percentage of the settlement or award that the litigation funder will receive, and the repayment terms. Additionally, the agreement may detail the litigation funder’s involvement in the litigation process, such as the right to review and approve settlement offers. This ensures that all parties are clear on their roles and responsibilities, providing a transparent framework for the funding arrangement. By clearly defining these terms, a litigation funding agreement helps to align the interests of the plaintiff, law firm, and litigation funder, facilitating a smooth and cooperative litigation process.

Regulation and Restrictions

Litigation funding is subject to various regulations and guidelines to ensure ethical and transparent practices. Organizations such as the Association of Litigation Funders (ALF) and the European Litigation Funders Association (ELFA) set industry standards that litigation funders must adhere to. These standards promote transparency, fairness, and accountability within the industry. Additionally, some jurisdictions have specific laws governing litigation funding. Litigation funders must comply with applicable laws, which can differ significantly across certain jurisdictions and may become even more complex when cases involve multiple jurisdictions. For example, the UK’s Litigation Funding Act provides a regulatory framework that litigation funders must comply with. Federal law may also govern litigation funding in federal courts, especially in cases involving federal statutes. Furthermore, funders do not owe a fiduciary duty to the funded party, which can raise ethical concerns about potential conflicts of interest. These regulations are designed to protect all parties involved and ensure that litigation funders operate lawfully and ethically. Compliance with these regulations is crucial for maintaining the integrity and credibility of the litigation funding industry.

Dispute Resolution in Commercial Litigation

Dispute resolution is a cornerstone of commercial litigation, offering parties various pathways to resolve their legal claims efficiently and effectively. Options include proceedings in federal court, international arbitration, and alternative dispute resolution methods such as mediation. Each venue has its own procedures and cost structures, and navigating them can require significant financial resources. Litigation funding plays a vital role in supporting parties throughout the dispute resolution process, providing the capital needed to pursue claims and negotiate settlements. The American legal system, along with international frameworks, sets the rules for how disputes are resolved and how litigation funding can be utilized. With the right financial backing, parties are better positioned to achieve a successful outcome, whether through trial, arbitration, or settlement, ensuring that justice is accessible regardless of financial constraints.

Litigation Financing in the News

In March 2020 as reported by Bloomberg. There was a 25-person working group on commercial litigation funding report for New York City Bar Association. This committee was meeting for over a year and included lawyers, a former federal judge, litigation funders, and ethicists among others. It was a 90-page report and as of now is the most in-depth study of the litigation finance industry in America history. It was reported that litigation finance is a good thing for the legal system. In the report it is stated “lawyers and the clients they serve will benefit” from lawyers’ expanded access to funding.

In May 2020 as reported by LF. With the pandemic far from being over legal firms are taking actions to mitigate it. There is a major upswing in funding requests. With many requests coming in from the pandemic including breach of contract, securities, insurance recovery and more. Many claims already have been filed due to supply chain issues, business closures and other losses. With commercial litigation financing becoming very accessible over the last couple of years and especially with low-income litigants who would otherwise have no affordable legal recourse. We will see a major uptick with commercial litigation funding.

In December of 2020 the website law com reported that 50% of attorneys are more likely looking for capitol to ramp up firm growth and also help their clients in reaching fair recoveries. Especially because of the recent COVID 19 environment that continues to affect law firms and corporate clients.

Verum Funding Is Different in Many Ways from Other Commercial Litigation Funders…

  • We are fast: Many funders and brokers have the same issue. It takes months to get an answer on if a case or a portfolio of cases can get funding. With us we take that away and get the answers fast. Verum funding provide quick and efficient funding solutions, ensuring that litigants can proceed without delay.
  • You can always reach us: We are always just a phone call away and you can always get ahold of somebody at Verum to answer any questions that you have.
  • Updates: To make sure that you know of the progress of what is happening we provide updates 0n a weekly basis. After all you want to know that you funding that you need is moving forward. After all our financing has been the building blocks of how Verum Funding has become a leader in helping supplying capital for commercial legal proceedings. If you need an update right away just give us a call, we are here for you.
  • Access to our experts: If you need to run ideas or thought past us we can help. We have some of the most experienced litigation finance employees in the industry.

How Can Verum Help You?

With Verum we try to use commercial litigation financing that is non-recourse, so it is not another worry for you while you are in the middle of a lawsuit, to the litigant and the law firm. Legal finance plays a crucial role in managing litigation costs and risks, enabling access to justice through funding for litigation, and providing capital to improve cash flow while maintaining control over litigation decisions. Also, with this you know that we believe in your case and what you are trying to do to in this lawsuit. Applying for the funding can be done during the appeal phase of the lawsuit, the trial phase of the case, the enforcement time after the lawsuit, or even the pre-trial portion of the lawsuit itself.

Verum Funding can help clients navigate legal disputes effectively, ensuring they have the financial support needed to pursue justice.

At Verum Funding we care about your success in your lawsuit. After all, since it is non-recourse, we are in this together. So contact us today to get in touch with an underwriter that get you on to the road to success. Help us help you with the security that you need with commercial litigation financing today! Contact us today by calling 434-535-5229, emailing us at or filling out the intake form on this page. So what is stopping you from creating the success that you need in the court room? Call us today and let us help you with your capitol want and needs.

Verum Funding, the litigation funding firm that helps you get the funding that you need!