Litigation Funding: In-House Counsel Perspective
Senior VP, Head of Litigation, Investigations & Regulatory at Fortune 500 Company
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Senior VP, Head of Litigation, Investigations & Regulatory at Fortune 500 Company
Interview Transcript
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Yes, that's what I meant. But what does the CFO think of that?
The CFO appreciates this structure because it transforms us from a cost center into a neutral or profitable center. I'll elaborate on this later when we discuss how we engage with funders for evaluation. We have a very conservative profile due to our history, approach, value at risk model, and provisioning methodology. Over the past 20 years, we have consistently generated EBIT and cash because we evaluate our defenses and claims conservatively, which results in over-provisioning. This is not a mistake, but a sign of prudence. Our claim assessments tend to be conservative, and while we don't win all of them, we often outperform our own internal assessments. This is an ideal situation for a funder and a CFO to neutralize the cost impact of a legal department.
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The end result of winning two cases was net positive for you, even if you had to pay a premium along the way?
If we had allocated to the funder a reward of around 12% to 15%, instead of the 28% to 30% they were asking for, we would have been better off funding the cases. However, at 28%, the decision was straightforward.
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