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Expert Analysis

Litigation Financing Brings Opportunities For PE Firms

By Scott Ford and Kurt Steinkrauss (April 27, 2018, 12:28 PM EDT) -- Litigation financing has quickly grown from a fledgling concept into a robust industry. The core concept is simple: In exchange for a share of any proceeds, a financing source agrees to pay all or a portion of the plaintiff's legal fees on a nonrecourse basis. The industry generally focuses on corporate claims, and the range of subject matter of the underlying cases is wide, from intellectual property and trade secret disputes to standard breach of contract matters. Deal structure and sizes vary, particularly with regard to the parameters around the percentage of recovery and the amount of the total fees contributed (including caps)....

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