Litigation Finance

Our team has advised investment funds, hedge funds, law firms, and litigants on litigation finance matters for nearly a decade, helping clients evaluate and manage funding opportunities across a broad range of disputes.

Independent Assessment & Substantive Review

Our team conducts objective evaluations of potential plaintiff‑side contingency matters at any stage in the litigation life cycle, including pre-filing and early case evaluation, discovery, dispositive motion practice, trial, and appeal. We review the claims, applicable law, key evidence, witness statements, deposition testimony, and expert reports to equip funders with the information they need to make an informed decision.

Our work spans a wide array of disputes, including:

• Multidistrict opioid litigation
• Trade secret and business opportunity disputes
• Contract and software licensing matters
• Per- and polyfluorinated substances (PFAS) litigation
• Oil and gas lease and failure‑to‑develop claims
• Patent and other intellectual property disputes
• Antitrust matters
• Pharmaceutical litigation
• Qui tam actions

Jurisdictional Review

We provide jurisdiction-specific analyses to determine whether doctrines such as champerty, maintenance, or barratry, as well as professional responsibility rules, may impact the availability or structure of a litigation funding arrangement. In some jurisdictions, laws or precedent can impact the funder-litigant relationship or even affect the underlying case. We help clients understand and avoid these risks.

Defense of Funding-Related Disputes

When opposing parties want to leverage a funding arrangement, such as by issuing subpoenas to the funder, our litigators assist in the response and defense against these efforts.  Additionally, we handle disputes that arise from the terms or performance of funding agreements and often achieve favorable resolutions of these issues without arbitration or court intervention.

Guidance on Emerging Issues

HWG’s legal ethics team regularly advises on the professional responsibility considerations that may arise in litigation financing matters – including applicability of the legal ethics rules, privilege, work product, and confidentiality.

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Representative Experience

• Advised a litigation funder on legal ethics rules and regulations, including guidance on fee-sharing requirements.
• Represented a law firm on legal ethics requirements and strategic issues in a funding agreement associated with a large class action matter.
• Advised a corporate entity on state law and professional responsibility issues associated with litigation funding in multi-district litigation.
• Drafted a co-counsel and joint defense agreement for large law firms and litigation funder regarding confidential information protection and exchange.