Private Equity Funds Deploy New Investment Strategy: Financing Lawsuits

Private Equity Funds Deploy New Investment Strategy: Financing Lawsuits

by | May 30, 2018 | info

Private equity and hedge funds have found a new way to get richer: Financing lawsuits in exchange for a cut of the winnings.

The investment funds, which have raised billions of dollars to funnel into promising cases, have become a rich source of cash for lawyers to acquire cases, buy advertising, recruit clients and underwrite litigation expenses. If the lawyers win, private equity backers can pocket up to six times their initial investments, amounting to as much as 50 percent of a settlement or trial verdict.

This large and growing pool of money has opened the door for lawyers to gamble on big cases against big companies involving thousands of victims and millions of dollars in damages, but it also raises questions of whether lawyers will act in the best interest of clients or their financiers, who might prefer a quick settlement over a lengthy trial. In addition, the cuts taken by private equity and hedge funds can be so high that clients who win big awards on paper may end up with as little as 10 cents on (sic) dollar, legal experts say.

“Litigation finance has been around for more than a decade, but only in recent years has it taken off as private equity and hedge funds seek better returns beyond stock, bond and commodity markets, according to legal and finance specialists. By some estimates, more than one-third of U.S. law firms used litigation financing in 2017, up from 7 percent four years earlier, while private equity and hedge fund investments in lawsuits have surged to about…read more

Source: L.M. Sixel, San Antonio Express News
Originally Published: May 29, 2018

Want new articles directly to your inbox?
Subscribe to our Publishing Service.

12 + 7 =

A Primer on Standing Doctrine

Excerpt from the TCJL Journal Summer 2026, by George Christian (Full PDF here) -   The enactment of SB 8 in 2023 and subsequent legislation allowing members of the public to enforce state policy by way of private litigation has put Texas courts in a difficult, if...

2026 TCJL Amicus Report

Excerpt from TCJL Journal Summer 2026 (full Journal pdf): The year 2025 was a fairly standard year for the amicus program. We filed seven briefs, five in the Texas Supreme Court, one in the Texarkana Court of Appeals, and one in the Superior Court of Pennsylvania....

Pin It on Pinterest

Share This