Litigation Finance

For nearly a decade, we have provided litigation financing advice on more than seventy matters for clients including investment funds, hedge funds, law firms, and litigants.

Conducting Independent Analysis

We provide our clients with an independent analysis of the matter to help them determine whether to fund a case.

Substantive Review

We review the claims and applicable law, and we apply our skills as trial attorneys to review, where available, witnesses, key exhibits, deposition testimony, and expert reports to assess the strengths and weaknesses of the litigation.

We have reviewed funding opportunities presented at all stages of the litigation process, including before and just after the complaint is filed, during discovery, at the dispositive motion stage, in trial, and on appeal. We have advised clients on potential investments in cases including:

• Multidistrict opioid litigation
• Theft of trade secrets and business opportunities
• Breach of contract
• Breach of software licensing agreements
• Per- and polyfluorinated substances (PFAS) litigation
• Multidistrict oil and gas lease and failure to develop claims
• Patent infringement
• Antitrust
• Pharmaceutical litigation
• Qui Tam lawsuits

Jurisdictional Review

We provide jurisdiction-specific legal analyses to determine whether champerty, maintenance, barratry, or professional responsibility and legal ethics rules impact the availability or structure of litigation financing. For example, some jurisdictions have laws or precedent that could not only impact the funder-litigant relationship, but also result in the dismissal of the underlying case if fatal defects exist in the financing arrangement. We help our clients understand and avoid such pitfalls.

Defending Disputes

Occasionally, an opposing party aware of the funding arrangement will subpoena the funder to disrupt the litigation, harass the funder, or obtain protected work product. We have successfully defended our clients in court against such efforts.

We handle disputes that arise over the terms and conditions of, or compliance with, the funding agreement. We have often achieved favorable resolutions of such disputes without the need to pursue arbitration or seek judicial intervention.

Providing Guidance on Legal Ethics Issues

HWG has a large and active legal ethics team that also regularly handles litigation financing matters and provides experienced insight on the nuanced professional responsibility issues that can arise in such matters.

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