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Third-Party Litigation Funding
Despite third-party litigation funding's explosive growth, corporate restructuring/insolvency practitioners in the U.S. are not yet frequent participants in such arrangements. Yet for these professionals, litigation funding could be especially beneficial to provide a new source of capital for otherwise asset-starved estates.
The Typical Litigation Financing Structure and Process
While third-party litigation funding may have “loan” characteristics, the transactions typically (in the authors' experience, universally) do not impose any recourse on the funding recipient absent extraordinary situations like fraud. Rather, the funding is viewed as an “investment” in the successful outcome of a legal proceeding.
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