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Parker Poe

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Litigation Finance

Overview

Parker Poe counsels funders, law firms, and companies on the evolving world of litigation finance, including helping clients obtain and structure litigation funding transactions for meritorious claims that may not be pursued otherwise because of litigation costs. Clients appreciate our team's responsiveness, innovative fee structures, and ability to distill sophisticated transactions into user-friendly documents.

Chambers ranks us among the top two firms in the United States for litigation finance deal counsel based on in-depth interviews and objective research. We have advised on transactions ranging from a few hundred thousand dollars to over $500 million. In representing litigation funding organizations, we counsel investors and fund managers on the structuring, documentation, issuance, and management of litigation finance funds, including providing counsel on regulatory compliance and best practices.

Our perspective on best practices goes beyond the legal and ethical nuts and bolts to also include managing the economics of an investment team, aligning incentives with investors' interests, and navigating the latest trends in the investment funds arena. In addition, we counsel law firms and claimants seeking financing for litigation through documentation, compliance, performance of deal terms, and restructurings.

Having represented funders, law firms, and companies in litigation finance facilities, we understand the complexities of these arrangements and can guide clients through the compressed timelines and other industry-specific deal terms.

Representative Experience

  • Represented litigation funder in its $28 million purchase of certain post-verdict judgment receivables in connection with claimant’s international intellectual property litigation. We represented the purchaser in all facets of the transaction, including negotiating and drafting the core transaction documents. The transaction included judgment preservation insurance, a deposit control account agreement and certain complex and nuanced issues with the funder’s third-party capital source. 
  • Designed and structured innovative legal structure for financing of marketing fees and expenses for mass tort portfolios involving multiple mass tort law firms and co-counsel across multiple torts, with a total value of $110 million. We provided for incremental purchase payments against performance metrics and structured it to obviate fee sharing concerns from a legal/ethics perspective. This bespoke structure was subsequently adopted by multiple funders, mass tort law firms, and marketing companies for the financing, growth, and advancement of mass tort portfolios.
  • Advised named party and chairman in conjunction with $552.5 million credit facility, limited guaranty, and all related documents for a U.K. holding company's financing to a U.K. law firm. To our knowledge, this was the largest law firm financing transaction ever closed at the time.
  • Advised litigation funder regarding the structuring and documentation of a $3.3 million prepaid forward purchase agreement with Israeli counterparty, including the obtention of a judgment preservation insurance policy. We prepared all transaction documents, including review of cross-border transaction issues, and interacted with the investment committee and third-party prosecution law firm.
  • Structured, arranged, and negotiated $10 million litigation financing transaction for provision of capital to major mass tort marketing firm acquiring cases of prominent mass tort law firm, which permitted funded law firm to take a leading role for the prosecution and settlement of mass tort claims. We advised on the use of prepaid forward purchase structure to address potential ethics/conflicts issues.
  • Arranged, structured, and documented $60 million financing for innovative technology platform helping borrowers to streamline and accelerate private credit transactions to intellectual property operating entities and their legal counsel pursuing monetization and claim assertion strategies against infringers. This involved an insurance wrap product for principal protection.
  • Structured and arranged $6.4 million financing for prominent U.S. law firm for payment of marketing costs and expenses relating to innovative mass tort portfolios. This involved application of U.S. and U.K. law concepts; Extensive interaction with funder management team regarding marketing terms and regulation of litigation finance in the United States.
  • Structured $14.3 million secondaries acquisition of financed claim portfolios through credit facility and related guarantees. The proceeds were used for funding borrowers' working capital and to repay existing indebtedness.
  • Provided structuring advice and documentation for start-up law firm involving multiple partners pursuing claims in federal and state courts. We advised on all aspects of a $20 million financing structure, negotiating terms for litigation funding and providing advice relating to formation of law firm and related documentation.
  • Represented founder regarding the terms of a $7 million financing arrangement for patent claims assertion against major patent infringers when disputes arose under the funding agreement. We negotiated resolution between the founder and funder that facilitated case settlement for an amount that provided both the founder and funder with a substantial return.
  • Represented funded party in full life cycle of $20 million litigation financing transaction for patent infringement claims in the United States and Europe. We made introductions to funders, negotiated term sheets leading to the funded party receiving three term sheets; drafted and negotiated all funding documents; interacted with U.S. and foreign patent counsel; closed with two sets of litigation funders; and acted as outside general counsel for all funding purposes.
  • Represented client in all phases of obtaining litigation finance. We educated the client about the industry; identified funders, made introductions, and assisted with claim summary and budget preparation; negotiated $12.9 million cross-border funding transaction that permitted the filing of NAFTA arbitration claims; effectively served as outside general counsel for all aspects of the financing transactions; and negotiated revised budgets and revised terms with the funder.
  • Formed investment funds, pooled investment vehicles, and first-loss capital tranche facilities for litigation finance providers in excess of $1.5 billion.

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