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Litigation Finance Offers Significant Benefits for Restructuring Matters
In today's volatile economic climate, companies need to be more creative to find ways to mitigate risk. Litigation finance is one of those out-of-the-box solutions that can provide benefits. This is particularly true in a restructuring scenario, whether that is a distressed negotiation, an in-court or out-of-court restructuring, liquidation, or a lender workout situation.
Litigation finance can be used to help parties in restructuring situations in several ways. For example:
- Companies in a default workout situation are looking to sell assets, including legal ones.
- Trustees or debtors want to pursue litigation with limited resources.
- Creditors want to maximize their leverage against a distressed business.
Companies, Trustees, creditors, and lenders turn to litigation finance as an additional option to navigate restructuring and otherwise distressed situations.
For those unaware, litigation finance — also known as legal financing or third-party funding — is a practice where a third party provides capital to a party involved in a legal dispute in exchange for a portion of the potential settlement or award. In essence, litigation finance treats litigation as an asset that parties can borrow against, just like any other illiquid asset. The capital can be used to pay for the litigation itself or it can be used to de-risk or monetize a piece of the litigation.
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