Bentham’s commercial funding allows a client to fund all or a portion of the legal fees of their litigation. Our funding is non-recourse, meaning if the case fails there is no need to repay the investment.

How Much Funding is Available?

Depending on the case, generally up to $15 million or more.

What are the Funding Requirements?

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

  1. Funding requested must exceed $1,000,000.
  2. Judgment must exceed $10,000,000 (exclusive of punitive damages).
  3. Defendant must have a clear ability to pay.
  4. The litigation must have strong prospects of success.

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, antitrust as well as domestic and international arbitration.

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

Benefits of Commercial Funding

  • Our Funding is non-recourse – if you lose your case, you owe us nothing.
  • Our funding can help you pay your attorneys fees assisting with the high cost of litigation and enabling you to afford counsel of your choice.
  • Our funding provides support against opponents seeking to outspend you.
  • We provide additional analysis of your case - we conduct our own due diligence and may also confirm our internal analysis with our network of legal 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.

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