Commercial Litigation Pre-Settlement Loans

Commercial Litigation Legal Funding

Are You Looking For A Pre Settlement Loan For Your Commercial Litigation Case?

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Attorneys will tell you that there are two hard and fast rules of litigation.

  • Your case will take longer than you think it will.
  • Your case will cost more than you expect.

This is true regardless of whether the case involves an individual suing over an auto accident or a company suing a vendor in a contract dispute.

You don’t attempt litigation half-heartedly. Regardless of its size, pursuing a commercial claim against another entity can put a significant strain on your business. Now more than ever, your business must draw resources from all quarters to ensure that you get the best possible result.

Unless you have significant cash reserves, how do you plan to finance a court case that can cost you hundreds of thousands, or even millions, of dollars? Tribeca has the resources to help you capitalize now on a recovery you expect to receive in the future. Instead of waiting months or years for settlement or verdict, you can use some of that money to finance the very litigation you need to pursue today.

Commercial Litigation Pre-Settlement Loans

How Tribeca Helps With Your Commercial Litigation Case

You’re fighting for your just due. You shouldn’t be fighting to make payroll. Don’t force your company to choose whether it dedicates resources to litigation overgrowth.  Let us help you save your operating capital to use where you need it when you need it. When Tribeca finances your litigation, here are some of the benefits you could enjoy: 

Cover the Costs of Litigation

A commercial lawsuit advance will enable the company to pursue litigation to redress a wrong or help ensure the business’s continued viability or stability. With cash from a litigation funding transaction, you won’t have to choose between filing a meritorious case and taking the chance you won’t be able to meet other obligations or fall short covering operating expenses. 

Control the Effect of Litigation Costs on the Balance Sheet

With a litigation advance, the company will not have to detail the litigation expenses on the balance sheet.

Advance Operating Costs

Tribeca places no restrictions on how you use the funding advance. In addition to attorney fees, the company can use the advance to meet payroll, purchase equipment and even pay rent and utilities.

Free Up Assets

A lawsuit loan or advance will allow you to avoid having to devote significant assets to litigation when the outcome is uncertain or the litigation carries with it significant risk.

Reduce Risk

With a non-recourse advance from Tribeca, you can reduce or eliminate the risk that you’ll be stuck having to absorb the costs of litigation if the case is not decided in your favor. Tribeca takes on the risk that you will lose the case. If you don’t win or settle for a cash award, you don’t have to pay Tribeca one red cent. 

What is the catch? There is none. Tribeca is able to do this for two reasons. First, when a case is successful, the business pays a fee for use of the money that Tribeca advances. The vast majority of cases are successful and Tribeca makes money. Second, Tribeca’s underwriting policies are designed to minimize risk. We take only cases that we determine have the best chance of being resolved in our client’s favor. Still, despite our thorough due diligence and the value of your dispute, sometimes the stars just aren’t aligned. When that happens, Tribeca absorbs the loss and takes no recourse against you or your business.

Hire the Best Advocates

With fully stocked coffers, you will attract top legal talent to maximize your litigation’s potential. You can use your lawsuit advance to hire law firms, regardless of whether they operate on a contingency basis. Your advance can pay expert fees and allow you to contract with litigation support services like e-discovery and accident reconstruction specialists.  

Promote Balance in the Legal Process

Every day potential plaintiffs abandon their worthy litigation because they can no longer match the spending of corporate defendants financed by big company budgets. Litigation funding will allow you to pursue litigation based on its merit. Your case does not have to be decided based on which party has the bigger war chest.  

Gain Staying Power

Don’t settle your case before it’s ready. If you believe that you can no longer afford to pursue your course, contact Tribeca to find out if your case qualifies for a lawsuit advance. A cash infusion from Tribeca will help you avoid settling your case before it’s fully developed, just because you can’t afford to extend the litigation.

 

Tribeca Invests In Your Future. It Doesn’t Dictate It.

Tribeca does not restrict how you use the proceeds of your financing package. It will not dictate the course of litigation, interfere with your litigation strategy, or impose any conditions or constraints on settlement or decisions to go to trial. You can rest assured that once Tribeca offers you a financing package, our underwriters have complete confidence in the merits of your case, and we will remain your partner throughout the litigation process.  

Commercial Litigation Pre-Settlement Loans

Meet Tribeca

Tribeca’s sole mission is to provide plaintiffs and their law firms with the financing needed to sustain them for the duration of the litigation process. Lawsuit financing allows a party to prosecute a meritorious consumer or commercial dispute free of the pressure to end the lawsuit before it is fully and fairly litigated.  

Rory Donadio saw an opportunity that would allow litigants to pursue their claims when otherwise a lack of resources would force them out of court. To him, it made little sense that litigation could bleed a company dry and bring it to the brink of bankruptcy whole prosecuting a case that with a potentially lucrative outcome. The easy solution was to offer a risk-sharing opportunity to worthy plaintiffs. Why not advance a portion of the expected return and recoup the investment when the case settles or reaches a judgment in favor of the plaintiff. Thus Tribeca was born. 

No one, including Tribeca, can guarantee the outcome of any litigation. But, allowing a plaintiff to use its expected recovery to advance the case can allow breathing space necessary to properly evaluate and negotiate a resolution free of financial constraints. As a partner in this unique risk-sharing model, Tribeca has provided dispute resolution funding options for plaintiffs in all types of litigation for 10 years. Our staff of investment underwriters and other professionals represent more than 30 years of experience in evaluating the merits and potential of litigation. 

Commercial Litigation Pre-Settlement Loans

Types of Commercial Litigation Appropriate for Litigation Funding

Tribeca will consider funding cases from relatively simple contract disputes through multi-jurisdictional litigation and class action suits. If your company is like many commercial interests, you may be engaged in conflicts that touch different aspects of your business. Tribeca has the capacity to support your litigation efforts across the board and invest in your complete portfolio. 

You may think that your company lacks the resources to sustain litigation. You owe it to yourself to contact us. Tribeca Capital will consider funding any type of commercial claim, in any court, involving any industry, including: 

  • Business and contract disputes
  • Intellectual property, trademark, patent, trade secrets
  • Fraud
  • Business torts
  • Judgment collection
  • Professional negligence
  • Bankruptcy litigation
  • Appeals
Commercial Litigation Pre-Settlement Loans

Stages of Litigation

Tribeca offers a comprehensive portfolio of financing solutions for all phases of commercial litigation from strategic evaluation, discovery and trial preparation, settlement negotiations, trial process, appeal, and judgment recovery.  Regardless of whether you are considering litigation, your case has been filed, settled, awarded judgment, or appealed, Tribeca is ready to discuss your capital needs. Tribeca places no restrictions on how the client utilizes the advance, on litigation strategy, or on attorney judgment. Tribeca complies with all regulatory and statutory requirements imposed by the appropriate jurisdiction. 

Initiation

You can initiate the application process by indicating your interest in this form or by calling 866-388-2288 and discussing your needs with one of our knowledgeable representatives. You will provide information about the nature of the case and grant permission for our underwriting staff to communicate with your attorney.  Rest assured that we are keenly aware of our clients’ need for confidentiality and loyalty. We execute a comprehensive non-disclosure agreement and pledge to respect the confidentiality of documents and information necessary to process the client’s application. As a part of the application process, you and Tribeca will execute a non-disclosure agreement and apply it. The non-disclosure agreement ensures that you, your attorney, and your funding company can freely exchange information necessary to make informed decisions about the merit and value of the case. 

Due Diligence

Our underwriters aim to determine the value of your case, it’s chance of success, the financial health of the defendant, and your capital needs. In doing so, they will carefully evaluate your case, review all documentation, and consult with you and your attorney. Your full cooperation is expected and appreciated. 

Structuring

After our investigation, we will develop a rate sheet and contact you with our proposed terms. If you accept the terms, we will prepare and provide you with the funding documents for your review and signature. 

Funding

Within 24 Hours of receiving your executed paperwork, we will be ready to fund the agreement. We will transmit the proceeds to you by wire transfer according to the agreed terms in your funding documents.  

As the Case Progresses

There are many ways to structure your litigation advance(s). We may agree to provide you with a lump sum payment. You may prefer to receive separate advances according to a set schedule. We may decide that an as needed draw down facility will suit your requirements better. In any event, our agreement will be designed with your needs in mind.

Settlement or Judgment

When the case is completed, assuming that the settlement or judgment involves payment of a sum to you, the paying party will transmit the settlement funds or judgment amount to your attorney who will, in turn, reimburse Tribeca for any advances plus any accumulated fees.   If, however, you lose the case, your business will not be required to repay any advances or fees. This is a non-recourse transaction. You are only responsible for payment if you win your case or settle it for a sum of money. 

Appeals

If you or any other party seeks to appeal the case, Tribeca’s investment is safe. We will not expect payment of any advances until the case is completed, including any appeals. We also recognize that the appellate process may entail outlays of attorney fees, and we will be ready and able to consider financing your additional needs at that time. 

Judgment Collection

Sometimes the best-laid plans – and judgments – fail to result in immediate cash. Our underwriting criteria require that the defendant has the resources capable of satisfying a judgment considering the causes of action, the compensatory amounts sought in the petition, and any additional amounts that might be awarded, such as punitive damages. Tribeca will work with your business to help the secure payment of judgment amounts, including advances and fees, from the judgment debtor.  

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