The Funding Process

Bentham welcomes applications for litigation finance for cases in the U.S. as well as for international arbitrations. Size matters: please contact us only if the claim has a realistic value of $10M or more for early-stage cases or a judgment of at least $7M for appeals cases.

The funding process has six steps:

The investing process begins with the execution of a strict confidentiality agreement. Under this agreement, Bentham will conduct an initial screening of the investment to determine whether it makes sense for both sides to engage in the process.

Next, the parties will typically come to agreement on the initial economic terms for the transaction, often by executing a non-binding term sheet. The terms may change after due diligence and case evaluation, but it is important that the parties share a common view of the transaction.

Bentham evaluates opportunities by assessing a number of factors, including the type and strength of the case, the potential damages and/or settlement prospects, counsel’s fee arrangement, the likely length of time to resolution, the amount of capital required to prosecute the case, and the defendant’s ability to satisfy a judgment.

Once we’ve decided to move forward with the opportunity, we will confirm the terms of the investment in a detailed written agreement that balances and aligns the interests of the parties and counsel.

Bentham will stay close to the developments in the case as it progresses to trial. We will receive periodic updates from counsel, and as needed based on major milestones. We will provide additional help in the form of expertise, advice and possibly resources, when useful.

Bentham is entitled to its recovery when the party’s case has been settled or the party has received a judgment in its favor. If the case is unsuccessful, the party will owe Bentham nothing.

For more detailed information about our funding process,

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T +1 (212) 488 5331
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info@benthamcapital.com

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