LOFFCORisk Management

Commercial litigation

Capital for commercial claims between sophisticated parties

Nonrecourse financing for contract, business tort, fiduciary duty and securities claims, so companies and their counsel can pursue meritorious disputes without diverting operating capital.

Executive overview

Commercial disputes can absorb years of legal fees, expert costs and management time before value is realized. Many companies with strong claims settle early, or never file, because the cost sits on their income statement.

LOFFCO funds the case against its expected proceeds. Fees and expenses are paid as the matter proceeds, and our return comes only from a successful recovery, according to the terms of the financing.

At a glance
Claim value$10 million and above
Capital useLegal fees, expert costs, court costs, working capital
StagePre-filing through appeal
CounselHourly, hybrid or full contingency
RecourseGenerally nonrecourse

What we finance

Matters we review

  • Breach of contract and warranty
  • Business torts and tortious interference
  • Breach of fiduciary duty and shareholder disputes
  • Securities and investor claims
  • Fraud and misrepresentation
  • Antitrust overcharge claims

Funding structures

Fees and expenses funding

Capital that pays some or all of counsel's fees and case costs as they are incurred.

Hybrid fee support

Funding for the hourly portion of a reduced-rate, partial contingency arrangement.

Working capital

Capital against the claim for general corporate use while the case proceeds.

Claim monetization

An upfront payment in exchange for a share of future proceeds.

Underwriting focus

What we test first

Contract language and the documentary record, the defendant's ability to pay, and whether damages can be proven with a method a court will accept.

Industries served

  • Energy
  • Financial services
  • Manufacturing
  • Technology
  • Real estate
  • Consumer

Process timeline

Indicative timeline

Full process
  1. Overview

    Response within five business days
  2. Confidentiality

    Weeks 1 to 2
  3. Diligence

    Weeks 2 to 6
  4. Term sheet

    Weeks 4 to 8
  5. Funding

    At closing

Timing is indicative and depends on complexity and document readiness.

Will the defendant know the case is funded?

Disclosure rules vary by court and jurisdiction. Some courts require disclosure of funding arrangements; many do not. Counsel should advise on the rules that apply to your matter.

Can financing replace a contingency arrangement?

Yes. Funding can pay counsel on an hourly or hybrid basis, or can support a firm that takes the case on contingency by covering expenses and a portion of fees.

What if the case loses?

Under a nonrecourse structure, the client generally owes nothing on the funded amount if there is no recovery, subject to the terms of the final agreement.

Do you fund defense-side matters?

Selectively, where a defense has a measurable economic outcome that can support a structure. Our focus is affirmative claims.

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.

Submit a matterInvestors