Litigation Finance Market Process

Webinar Overview

Commercial litigation funding is a powerful tool that provides financial support for legal claims, but securing and structuring funding requires a deep understanding of the legal agreements involved. This episode is designed to help attorneys navigate the complexities of litigation finance agreements, ensuring their clients secure funding on favorable terms while mitigating risks.

This session covers the different uses of litigation funding, the process of obtaining financing, and the essential legal provisions in prepaid forward purchase agreements. Attorneys will gain insights into payment structures, recourse vs. non-recourse agreements, termination clauses, confidentiality protections, and dispute resolution mechanisms to ensure clarity and enforceability in these contracts.

With respect to the legal agreements (typically prepaid forward purchase agreements), this webinar hits on:

• Essential Terms and Definitions
• Payment Provisions
• Recourse vs. Non-Recourse
• Use of Proceeds Clause
• Conditions Precedent
• Term and Termination
• Provisions governing the duration of the agreement and grounds for termination.
• Confidentiality and Privilege
• Dispute Resolution
• Litigation outcome risk, fundee insolvency, and enforcement challenges.
• Avoiding Ambiguities

Other Webinars in this Series

• Introduction to Commercial Litigation Finance (Premiered on April 24, 2025)