Litigation Finance & Monetization Practice
Invenio LLP is fully engaged in all aspects of the rapidly emerging litigation finance industry. The firm’s founding partners have each worked on multiple claimant funding and law firm loan transactions and have themselves litigated cases where law firm portfolio funding or third-party case funding was used. Our clients are law firms borrowing for their cases or portfolios, claimants seeking traditional third-party funding, lenders seeking assistance with underwriting and servicing of cases or portfolios of cases, and parties to disputes or workouts.
Our Capabilities
Case & Portfolio Underwriting
We regularly counsel clients on case and portfolio underwriting, from a review of internal firm operations to projected case outcomes in complex matters. We provide these services to funders and lenders considering a transaction and to borrowers and claimants assessing whether an opportunity presents the value that might attract finance opportunities. When assessing the potential value and outcomes of a particular case, the firm employs a proprietary methodology that weighs as many as sixteen different sets of data points.
Borrower & Claimant Side Representation
We counsel claimants and law firms on the business, ethical, and transactional aspects of complex litigation finance investments. Too often, the borrowers know their cases but not the critical legal issues underlying complex credit or investment agreements. Invenio is here to fill that gap. We negotiate and document complex credit agreements and ancillary documents. And we can counsel borrowers on the ethical implications of how a transaction is structured, ensuring that the privilege between litigator and client remains unimpeded and new emerging disclosure rules are deftly navigated.
Our work often extends through the full lifecycle of the funding transaction, where we assist claimants and borrowers with regular reporting and compliance. When cases are delayed and other matters add stress to the borrower relationship, we engage with funders to ensure a resolution that does not disrupt the integrity of the litigation process.
Pre-settlement, Post-settlement, & Medical Lien Funding
Invenio LLP attorneys have guided multiple large-scale transactions involving pre-settlement funding companies, post-settlement claimant and lawyer funding deals, and litigation-related medical lien portfolios. With decades of experience with consumer finance issues, we understand the regulatory implications of these products as well as the business and transactional aspects. We offer services to companies offering these products and entities that may be considering investments or credit transactions in these companies.
Representative Matters
• Represented parties in multiple claimant and law firm borrowing transactions totaling well over $200 million
• Counsel to parties in a large-scale post-settlement lending transaction arising out of prominent securities class action case
• Represent multiple clients in work-out and servicing disputes on distressed litigation finance transactions
• Counsel to pre-settlement funding company on regulatory, transactional, and operational issues
• Advised both funders and law firms on case underwriting and collateral review operations