Overview

Bentham's funding is available for all types of commercial cases, including breach of contract, breach of fiduciary duty, trade secret theft, copyright/trademark/patent infringement, complex business disputes, environmental, antitrust as well as domestic and international arbitration. It can be used to monetize single cases or portfolios of litigation.

Typical Uses

  • Paying legal fees and costs for expensive litigation

  • Monetizing litigation assets for business purposes

  • Obtaining working capital

  • Preserving resources

  • Moving litigation off corporate balance sheets

Features

  • Non-recourse - if you lose your case, you owe us nothing

  • Aligns incentives between claimants, law firms and funder

  • Available at any stage of litigation and in most jurisdictions

  • Flexible pricing models

  • Hedges risk

 

Criteria

  • Only commercial cases may be used as collateral for funding. We do not fund personal injury, discrimination, or malpractice cases.

  • Funding requested must exceed $1,000,000.

  • Anticipated judgment must exceed $10,000,000 (exclusive of punitive damages).

  • Defendant must have a clear ability to pay.

  • The litigation must have strong prospects of success.

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

 

Pre-Trial, Trial, Appeal, Enforcement

We fund commercial cases at various stages of maturity.

Pre-Trial: Claimants in the early stages of exploring claim viability benefit from Bentham's depth of experience in claims assessment and valuation. Access to our team of experienced former trial lawyers affords claimants unique insights into the strengths and weaknesses of their claims. This is especially the case because our interests are aligned with the claimants, and our perspective is informed by many years of litigation experience.

Trial: Our funding is also available for claimants in need of resources as they prepare for trial. The pre-investment diligence that we conduct for claimants seeking financing at this stage of litigation may spark fresh ideas about how to reach successful conclusions in the litigation. But ultimately, decisions about how to proceed are left entirely to the claimants we fund and the lawyers handling their cases.

Appeal: Bentham also provides funding that allows appellees to monetize a portion of their judgments while appeals are pending. This gives appellees immediate access to a portion of the judgment while mitigating the risk and stress of seeing it reversed or reduced. Typically, we will fund amounts up to 25% of the damage award for appeals expected to reach final resolution in two years or less. Visit our Monetizing Judgments page to learn more.

Enforcement: Claimants that have secured a judgment can use our funding to ensure they have the resources necessary to pursue effective collections strategies—including hiring experienced counsel and experts who specialize in asset recovery. This can be especially useful for cases involving recalcitrant judgment debtors who owe but have yet to pay, for cases involving fraud victims (which tend to have a substantial overlap with insolvencies), and cases involving sovereign entities that have fallen prey to corruption and are looking to repatriate assets.

How it Works

Visit our Funding page to learn the benefits of our funding and how the process works.