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LITIGATION FINANCE
AN EFFECTIVE TOOL FOR
CORPORATE DECISION-MAKERS
A NEW WAY TO MANAGE RISK, REDUCE UNCERTAINTY, AND
UNLOCK THE VALUE OF HIDDEN ASSETS
www. vinres.com
310-531-1700
©2014, Vinson Resolution Management. All Rights Reserved
For more information about
VRM’s financing capabilities,
please visit www. vinres.com
or call 310-531-1700
©2014, Vinson Resolution Management. All Rights Reserved
Vinson Resolution Management (VRM) is a U.S. based financial
services firm providing capital for the funding of meritorious
commercial litigation.
VRM is the only litigation finance company that employs a scientific
approach in its analysis of case risk. Known as the VRM Evaluation
ProtocolSM VRM’s proprietary technology uses sophisticated
statistical and mathematical techniques to assess the merits of a
claim and the potential for financial success.
Founded in 2011 by Dr. Donald E. Vinson, the “founding father” of
the trial consulting industry, VRM’s core team is comprised of
professionals with over 35 years of experience in trial strategy, case
management, business, insurance, financial risk management, and
the social and behavioral sciences. Providing capital is a natural
extension of this collective experience.
RISK MANAGEMENT and LITIGATION FINANCE
Within corporate America financial risk continues to be managed by tools that have existed
since the birth of capitalism. Firms raise capital from external sources and allocate that
capital on a timeframe and in a manner management believes will maximize returns to
stakeholders both inside and outside the organization. The ability to raise funds is rooted in
the assumption that returns will be generated by assets presently on a company’s balance
sheet or assets intended to be put in place immediately following a capital raise. Recently,
though, capital has become available to unlock the value of assets most corporate executives
are unaware they possess: commercial legal claims.
Civil litigation is often viewed as a series of procedural nuisances executives must navigate
in order to mitigate losses sustained by the illegitimate actions of external parties. The most
obvious, and significant, of these nuisances (aside from the losses that have been incurred)
comes in the form of a drain on economic resources; specifically the high costs associated
with prosecuting a claim. From a financial risk management perspective, initiating litigation
is a sub-optimal use of capital. Even in the event of a successful resolution a claimant may
end up spending more on the pursuit of their claim than the outcome itself is actually worth.
Fortunately, third party litigation finance removes the risks of capital outlay from the
decision-making process.
Third party litigation finance in its most basic form is a non-recourse advance of capital to a
commercial litigant to cover the cost of pursuing litigation. Financiers absorb the financial
risk inherent in litigation and are repaid by taking a portion of any recovery obtained via
settlement or trial verdict. While this form of corporate finance has been available outside
the United States for decades, the industry has recently gained a foothold within the
American civil judicial system as awareness of the services offered by third party financiers
has grown among attorneys and corporate management.
LITIGATION FINANCE – “NO WIN, NO FEE”
Within the context of funding litigation, third party litigation finance is a cheaper
alternative to other forms of capital. Not only are typical arrangements cash-neutral
throughout the life of a funding agreement, but as a non-recourse contract the only collateral
that must be posted by the corporate client is a secured interest in the potential recovery.
Funders do not require periodic payments prior to a settlement or verdict. And in the event
the plaintiff does not ultimately recover a monetary award from the defendant, funders do
not put a lien on the assets of their client. Similar to contingency fee arrangements
individuals often structure with their attorneys in non-commercial litigation, the concept of
“no win, no fee” economics permeates litigation finance.
©2014, Vinson Resolution Management. All Rights Reservedwww.vinres.com 1
LITIGATION FINANCE CAN DELIVER MANY BENEFITS
HELP IDENTIFY CLAIMS THAT REPRESENT VALUABLE ASSETS
In addition to alleviating concerns about capital outlays that companies often have when
deciding whether or not to pursue a unique commercial claim, litigation finance also
provides enormous benefits to an enterprise’s legal department. In almost all companies the
legal department is viewed by corporate executives as a cost center. But by using an outside
funder to cover the cost of pursuing its claims, companies can reduce and even eliminate the
downside risk of an unsuccessful outcome. More importantly, companies will find that they
are able to pursue meritorious claims that they had been precluded from initiating due to
internal financial constraints. Thus, in the event that they can successfully resolve claims
they otherwise would have foregone, the legal department has the potential to become a non-
core, free cash flow-generating division within the company.
PROVIDE THE MEANS TO RETAIN EFFECTIVE COUNSEL
Litigation finance is of particular value to entities with claims that could impact their very
survival. While large firms and public companies with access to the capital markets may
choose to finance an important commercial claim via their own cash reserves or through debt
or equity issuance, smaller businesses and organizations generally lack such options. And
when faced with claims large enough to raise going concern questions, it is paramount that
they find a way to both fund continuing operations and secure experienced counsel. In such
instances, litigation finance can provide an effective solution.
PROMOTES EFFICIENCY
Aside from being a source of capital, litigation funders also fulfill the role of an independent
auditor overseeing case management and litigation spending. Given the funder’s financial
stake in any invested commercial claim, minimizing the cost basis and time to resolution is
critically important. Throughout the life of a claim, funders will review litigation expenses –
typically in relation to carefully structured budgets developed in advance – and track the
progress of the case. For corporate clients with limited time and resources to dedicate to such
activities, litigation funders can review and report on such matters, allowing the client to
focus on case fundamentals and other critical case-related issues requiring their direct
involvement. This third-party review promotes efficiency, offers an independent check on the
efficiency and efficacy of outside counsel, and provides increased bandwidth to corporate
legal departments, allowing them to dedicate time to other legal matters.
2 ©2014, Vinson Resolution Management. All Rights Reservedwww.vinres.com
MITIGATE FINANCIAL RISKS
Finally, litigation finance encourages decision makers in the legal department to think more
strategically about how they can mitigate financial risk, and not just legal risk. Regardless of
the size of a commercial enterprise, in today’s competitive and highly scrutinized financial
landscape the value of comprehensive business planning cannot be underestimated. Such
plans should now include a review of unrecorded litigation assets, and treated as
opportunities to generate cash flow on a risk-free basis, within a timeframe substantially
shorter than customary business development projects.
CONCLUSION
In sum, litigation finance should be viewed by executives as an extremely valuable tool in
the world of corporate finance. The concept is proven, the sophistication and number of
funders is growing annually and a wide variety of financing structures is available to
manage financial and legal risks and promote greater efficiency in resolving commercial
legal claims.
ABOUT
Vinson Resolution Management is a U.S. based financial services firm providing capital for
the funding of meritorious commercial litigation.
VRM is the only litigation finance company that employs a scientific approach in its analysis
of case risk. Known as the VRM Evaluation ProtocolSM VRM’s proprietary technology uses
sophisticated statistical and mathematical techniques to assess the merits of a claim and the
potential for financial success.
No other organization possesses the technology, the data, or the systems for objectively
evaluating legal claims, their perceived merits and their potential financial success.
A case evaluation by a litigation funder can accelerate the case learning
curve, permitting clients to make informed decisions much earlier and with
greater economic efficiency
3 ©2014, Vinson Resolution Management. All Rights Reservedwww.vinres.com
©2014, Vinson Resolution Management. All Rights Reserved
Vinson Resolution Management
2301 Rosecrans Ave
Suite 3185
EL Segundo, CA 90245
www.vinres.com
310-531-1700

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Litigation Finance An Effective Tool for Corporate Decision Makers

  • 1. LITIGATION FINANCE AN EFFECTIVE TOOL FOR CORPORATE DECISION-MAKERS A NEW WAY TO MANAGE RISK, REDUCE UNCERTAINTY, AND UNLOCK THE VALUE OF HIDDEN ASSETS www. vinres.com 310-531-1700 ©2014, Vinson Resolution Management. All Rights Reserved
  • 2. For more information about VRM’s financing capabilities, please visit www. vinres.com or call 310-531-1700 ©2014, Vinson Resolution Management. All Rights Reserved Vinson Resolution Management (VRM) is a U.S. based financial services firm providing capital for the funding of meritorious commercial litigation. VRM is the only litigation finance company that employs a scientific approach in its analysis of case risk. Known as the VRM Evaluation ProtocolSM VRM’s proprietary technology uses sophisticated statistical and mathematical techniques to assess the merits of a claim and the potential for financial success. Founded in 2011 by Dr. Donald E. Vinson, the “founding father” of the trial consulting industry, VRM’s core team is comprised of professionals with over 35 years of experience in trial strategy, case management, business, insurance, financial risk management, and the social and behavioral sciences. Providing capital is a natural extension of this collective experience.
  • 3. RISK MANAGEMENT and LITIGATION FINANCE Within corporate America financial risk continues to be managed by tools that have existed since the birth of capitalism. Firms raise capital from external sources and allocate that capital on a timeframe and in a manner management believes will maximize returns to stakeholders both inside and outside the organization. The ability to raise funds is rooted in the assumption that returns will be generated by assets presently on a company’s balance sheet or assets intended to be put in place immediately following a capital raise. Recently, though, capital has become available to unlock the value of assets most corporate executives are unaware they possess: commercial legal claims. Civil litigation is often viewed as a series of procedural nuisances executives must navigate in order to mitigate losses sustained by the illegitimate actions of external parties. The most obvious, and significant, of these nuisances (aside from the losses that have been incurred) comes in the form of a drain on economic resources; specifically the high costs associated with prosecuting a claim. From a financial risk management perspective, initiating litigation is a sub-optimal use of capital. Even in the event of a successful resolution a claimant may end up spending more on the pursuit of their claim than the outcome itself is actually worth. Fortunately, third party litigation finance removes the risks of capital outlay from the decision-making process. Third party litigation finance in its most basic form is a non-recourse advance of capital to a commercial litigant to cover the cost of pursuing litigation. Financiers absorb the financial risk inherent in litigation and are repaid by taking a portion of any recovery obtained via settlement or trial verdict. While this form of corporate finance has been available outside the United States for decades, the industry has recently gained a foothold within the American civil judicial system as awareness of the services offered by third party financiers has grown among attorneys and corporate management. LITIGATION FINANCE – “NO WIN, NO FEE” Within the context of funding litigation, third party litigation finance is a cheaper alternative to other forms of capital. Not only are typical arrangements cash-neutral throughout the life of a funding agreement, but as a non-recourse contract the only collateral that must be posted by the corporate client is a secured interest in the potential recovery. Funders do not require periodic payments prior to a settlement or verdict. And in the event the plaintiff does not ultimately recover a monetary award from the defendant, funders do not put a lien on the assets of their client. Similar to contingency fee arrangements individuals often structure with their attorneys in non-commercial litigation, the concept of “no win, no fee” economics permeates litigation finance. ©2014, Vinson Resolution Management. All Rights Reservedwww.vinres.com 1
  • 4. LITIGATION FINANCE CAN DELIVER MANY BENEFITS HELP IDENTIFY CLAIMS THAT REPRESENT VALUABLE ASSETS In addition to alleviating concerns about capital outlays that companies often have when deciding whether or not to pursue a unique commercial claim, litigation finance also provides enormous benefits to an enterprise’s legal department. In almost all companies the legal department is viewed by corporate executives as a cost center. But by using an outside funder to cover the cost of pursuing its claims, companies can reduce and even eliminate the downside risk of an unsuccessful outcome. More importantly, companies will find that they are able to pursue meritorious claims that they had been precluded from initiating due to internal financial constraints. Thus, in the event that they can successfully resolve claims they otherwise would have foregone, the legal department has the potential to become a non- core, free cash flow-generating division within the company. PROVIDE THE MEANS TO RETAIN EFFECTIVE COUNSEL Litigation finance is of particular value to entities with claims that could impact their very survival. While large firms and public companies with access to the capital markets may choose to finance an important commercial claim via their own cash reserves or through debt or equity issuance, smaller businesses and organizations generally lack such options. And when faced with claims large enough to raise going concern questions, it is paramount that they find a way to both fund continuing operations and secure experienced counsel. In such instances, litigation finance can provide an effective solution. PROMOTES EFFICIENCY Aside from being a source of capital, litigation funders also fulfill the role of an independent auditor overseeing case management and litigation spending. Given the funder’s financial stake in any invested commercial claim, minimizing the cost basis and time to resolution is critically important. Throughout the life of a claim, funders will review litigation expenses – typically in relation to carefully structured budgets developed in advance – and track the progress of the case. For corporate clients with limited time and resources to dedicate to such activities, litigation funders can review and report on such matters, allowing the client to focus on case fundamentals and other critical case-related issues requiring their direct involvement. This third-party review promotes efficiency, offers an independent check on the efficiency and efficacy of outside counsel, and provides increased bandwidth to corporate legal departments, allowing them to dedicate time to other legal matters. 2 ©2014, Vinson Resolution Management. All Rights Reservedwww.vinres.com
  • 5. MITIGATE FINANCIAL RISKS Finally, litigation finance encourages decision makers in the legal department to think more strategically about how they can mitigate financial risk, and not just legal risk. Regardless of the size of a commercial enterprise, in today’s competitive and highly scrutinized financial landscape the value of comprehensive business planning cannot be underestimated. Such plans should now include a review of unrecorded litigation assets, and treated as opportunities to generate cash flow on a risk-free basis, within a timeframe substantially shorter than customary business development projects. CONCLUSION In sum, litigation finance should be viewed by executives as an extremely valuable tool in the world of corporate finance. The concept is proven, the sophistication and number of funders is growing annually and a wide variety of financing structures is available to manage financial and legal risks and promote greater efficiency in resolving commercial legal claims. ABOUT Vinson Resolution Management is a U.S. based financial services firm providing capital for the funding of meritorious commercial litigation. VRM is the only litigation finance company that employs a scientific approach in its analysis of case risk. Known as the VRM Evaluation ProtocolSM VRM’s proprietary technology uses sophisticated statistical and mathematical techniques to assess the merits of a claim and the potential for financial success. No other organization possesses the technology, the data, or the systems for objectively evaluating legal claims, their perceived merits and their potential financial success. A case evaluation by a litigation funder can accelerate the case learning curve, permitting clients to make informed decisions much earlier and with greater economic efficiency 3 ©2014, Vinson Resolution Management. All Rights Reservedwww.vinres.com
  • 6. ©2014, Vinson Resolution Management. All Rights Reserved Vinson Resolution Management 2301 Rosecrans Ave Suite 3185 EL Segundo, CA 90245 www.vinres.com 310-531-1700