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Our litigation finance investments are almost universally provided on a non-recourse basis, meaning that our investment return is contingent upon a recovery being achieved in the underlying litigation.

We can provide liquidity to finance legal spend and/or working capital during the life of the litigation (or arbitration), mitigate litigation risk, or provide balance sheet solutions to bring forward revenue recognition of contingent legal assets.

Importantly, with Erso Capital, you remain firmly in the driver’s seat. We believe the attorney/client relationship is sacrosanct and we don’t seek to interfere or control your claim; we’re here to provide the financial support to ensure your case has all the financial resources it needs to succeed.

The majority of our investments sit within one of four types of transactions:

Single Case Commercial Dispute Finance

We provide capital to small, medium and large businesses to finance the legal fees and expenses they incur when pursuing a legal claim (whether through litigation or arbitration).

Law Firm Finance

We provide capital to law firms to mitigate the risk and cash flow of alternative fee arrangements. Our capital can be used to support a single large matter or a portfolio of matters.

A unique advantage of Erso is that through our affiliate relationship with TheJudge, we can mix and match our finance capital with contingency fee insurance to deliver optimal cash-flow and risk management structures.

Award Monetization

If a judgement or award has been obtained, we can provide an advance on the amount owed pending appeals and/or enforcement. Alternatively, if preferred, we can also consider the outright purchase of awards.

Our team are experienced in monetization transactions ranging from the low USD millions to USD $200m in capital advancements.

Corporate Portfolio Solutions

For larger corporate enterprises with several distinct legal claims, we can provide a variety of financial solutions, including using cross collateralizations to reduce our risk exposure while improving your company’s economics.

Our portfolio structures can enable corporations to bring forward value in their contingent legal assets to achieve revenue recognition. Our corporate finance facilities can range from the low tens of millions to several hundred million dollars.

Our Investment Criteria

Our Investment Criteria and Process

We try to keep our initial criteria simple. Provided your case(s) meets the following, we would be happy to chat with you:

  • You have a case with sound legal merits and a good chance of succeeding;
  • Your opponent(s) are credit worthy and likely to be able to satisfy a judgement;
  • The realistic damages of your claim are greater than 6x your legal budget; and
  • The case is being pursued in a common-law jurisdiction or recognized arbitral forum.

 

Case Types

We consider a wide range of case types, including:

  • Commercial and contractual disputes
  • Business tort claims
  • Claims arising in liquidation, bankruptcy or insolvency
  • Intellectual property disputes
  • Domestic and international commercial arbitrations
  • Investment treaty arbitrations
  • Class actions and group litigation
  • Antitrust and competition claims

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