About This Course
This CLE program goes beyond the basics to give attorneys, in-house counsel, and finance leaders a practical, step-by-step view of how litigation funding actually works. It opens with a brief refresher on what litigation finance is and why companies and firms use it. Those reasons include leveling the playing field against well-resourced adversaries, protecting fees and case costs, and monetizing pending claims. We will then walk through each stage of the funding process: the NDA and intake review, the term sheet and due diligence, and the litigation funding agreement and investment committee approval. We will also explain the key provisions you can expect in a term sheet. These include the funding amount, risk-sharing between client and counsel, return structures, the waterfall, and exclusivity. Next, we will break down the six elements of a strong funding memo, with additional considerations for patent cases. The program closes with a case study of a funded matter from the vantage points of both inside and outside counsel.
By the end of this program, participants will understand:- How litigation finance works and when it makes sense for a law firm or company
- Each stage of the funding process and what funders evaluate at different stages
- Core term sheet provisions, including return structures and the waterfall
- Requirements for preparing an optimal funding memo
- The benefits of litigation funding from the law firm, GC, and CFO perspectives
