LOFFCORisk Management

Process

What a strong nonprivileged overview contains

The first submission to a funder should be short, factual and free of privileged analysis. A checklist for counsel and claimholders.

The first document a funder sees shapes the speed and quality of everything that follows. A good overview answers the questions an underwriter will ask in the first meeting, without waiving privilege or disclosing strategy.

Include

  • Parties and forum. Full names of the claimant and defendants, the court or arbitral institution, and the governing law.
  • Stage. Pre-filing, pleadings, discovery, expert phase, trial, appeal or enforcement, with key dates.
  • The claim in brief. Two or three paragraphs describing what happened, drawn from facts that are or will be public.
  • Damages basis. The category of loss and the method used to estimate it, with a range rather than a single figure.
  • Counsel. The firm and lead lawyers, and the current fee arrangement.
  • Capital need. The budget to resolution, what has been spent, and what the capital would pay for.
  • Defendant profile. What is known about the defendant's assets, insurance and financial condition.

Leave out

  • Counsel's assessment of the probability of success
  • Internal memoranda, draft pleadings and settlement communications
  • Personal data about individuals beyond what is necessary to identify parties

Why it matters

Funders review many more matters than they finance. A clear overview allows a prompt and informed answer on fit. When a matter moves forward, privileged material can be shared under an NDA or common-interest agreement, where protection is strongest.


This article is general information, not legal or investment advice.

All insights

Confidential case review

Start with a nonprivileged overview

Send a short summary of the dispute, the parties and the capital need. We answer every submission within five business days. Substantive materials come later, once a confidentiality framework is in place.

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