Bentham's appeal funding allows a client or lawyer to monetize a portion of a judgment while the appeal is pending. Our funding is non-recourse, meaning if the case fails there is no need to repay the investment.

How Much Funding is Available?

Typically 25% of the damage award, up to an agreed upon amount.

What are the Funding Requirements?

To be eligible for funding, the appeal must meet the following requirements:

  1. Funding requested must exceed $1,000,000.
  2. Judgment must exceed $4,000,000 (exclusive of punitive damages).
  3. Estimated time to final resolution must be two years or less.
  4. Defendant must have a clear ability to pay or have posted a bond.

What Types of Cases?

All commercial cases, including breach of contract, breach of fiduciary duty, trade secret theft, copyright / trademark / patent infringement, complex business disputes, environmental, qui tam and antitrust.

Please note that we do not fund personal injury, discrimination, or malpractice cases.

Benefits of Appeal Funding:

  • Our appeal funding is non-recourse – if you lose your case, you owe us nothing.
  • Our funding lets you monetize or "cash out" a portion of your recent judgment to reduce the risk and stress that it may be reversed or reduced.
  • We provide additional analysis of your case - we conduct our own due diligence and we may also confirm our internal analysis with our network of local appellate experts.
  • We do not control legal or settlement decisions.

How Does the Process Work?

The first step is to contact us to provide us with information on the case, the lawyers, and the court. After entering into a non-disclosure agreement, we will provide preliminary deal terms to you. Deal terms depend on case merits and estimated time to resolution (frequently 'stepping up' for longer cases). After conducting due diligence we finalize terms and execute a funding agreement. Funds are wired promptly and can be used for general business or other purposes.

If you have a case that meets our criteria please contact us.