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ARTICLE · 14 MAY 2021

Litigation Finance 101

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.

United StatesLaw Department Performance

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 and the company's resources are tied up in R&D. What can be done?  Litigation finance, sometimes called litigation funding, may be the answer.

What is Litigation Finance?

At a basic level, litigation finance is when a third party, unrelated to the lawsuit, provides money to a plaintiff or claimant to further that party's objective in the legal claim for a financial reward on a non-recourse basis. That is, if the plaintiff or claimant loses the case, nothing is owed to the litigation funder. The litigation funder receives a portion of any financial recovery from the underlying lawsuit. It's a no-win-no-fee arrangement. The

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