Straight answers, written for attorneys and claimants — how non-recourse capital works, where the legal lines sit in Kentucky and Indiana, and how we underwrite real estate and contract disputes.
There is an old truth in the American courthouse that nobody likes to say out loud: justice is not free. A person can be entirely in the right — wronged, cheated, damaged — and still lose, not because the facts failed them, but because the money ran out first.
Read the essayIf you learn only one term from this entire series, make it this one: non-recourse. It is the load-bearing wall of everything a responsible litigation finance company does. Get it wrong and the whole structure collapses — legally, ethically, and financially. Get it right and you…
Read the essayPeople new to litigation finance almost always ask the same question: “So what’s the interest rate?” It is a reasonable question. It is also the wrong question, and answering it correctly reveals something essential about how this industry works and why it is structured the way it is.
Read the essayThis is the question that keeps litigation finance honest, and it is the one most likely to get a careless funder into serious trouble. There is a line — old, real, and enforced by courts — between funding a lawsuit and controlling one. Stand on the right side of it and you are a…
Read the essaySuppose you have a strong case. A contractor destroyed the value of your property, a partner breached a clear agreement, a foreclosure was flatly wrongful. You are going to fight, and fighting costs money — potentially a great deal of it. You have three basic ways to pay for that fight:…
Read the essayThere are a growing number of places to seek litigation funding, and on the surface they can look interchangeable. They are not. In an industry where the difference between a deal that stands and a deal that collapses often comes down to how carefully it was structured and how well the…
Read the essayAsk most people to picture litigation funding and they imagine the personal injury world — car wrecks, slip-and-falls, the cash-advance business advertised late at night. That corner of the industry is real, but it is not ours, and the choice to avoid it is deliberate. White Oak…
Read the essayA litigation finance company is only as good as the judgment behind it. Capital is a commodity; judgment is not. What separates a funder that consistently backs the right cases from one that stumbles is the experience its people bring to the assessment.
Read the essayChamperty is one of those words that sounds like it belongs in a dusty English law book, and in a sense it does. But do not mistake age for irrelevance. Champerty is alive, it still has teeth in parts of the United States, and in Kentucky it is one of the most important legal realities…
Read the essayThis one is written for you, counsel. You know your cases better than anyone, and you know the frustration of watching a strong claim underperform — not because the law failed, but because the resources ran out, the client blinked, or the firm could not carry the cost. Litigation finance…
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