Authored Articles of Interest

We have previously written about how Claim Based Funding can make it more advantageous for portfolio companies of Venture Capital and Private Equity Funds to pursue meritorious litigation. This is particularly relevant to cases that may not otherwise been pursued because of the sponsor’s liquidity objectives and aversion to impairing EBITDA at the portfolio company.… Continue Reading

A strong case can be made that law firms, when pitching new business or discussing fee structures with their existing clients, should integrate a discussion of the availability of litigation finance as part of menu of alternative fee arrangements that the firm can offer. Doing so will demonstrate that the firm is a thought leader… Continue Reading

Themis has recently written about how Claim Based Funding can be used by private equity sponsors and by general counsel offices as a tool to unlock value from meritorious claims that might not have been pursued because of the cost, risk and time lag to realization. Today we will turn our focus to how law… Continue Reading

The General Counsel of an American commercial enterprise has to be an exceptional multi-tasker to cost effectively manage a business unit that is typically perceived as an expense center. He or she first must manage the company’s legal compliance and risk management programs to prevent the company from running afoul of legal or regulatory obligations.… Continue Reading

There are 7500 companies in the United States that are “portfolio companies” of private equity funds and venture capital funds. Those portfolio companies share common characteristics which include leveraged or thinly capitalized balance sheets, a sensitivity toward avoiding expenses that will consume cash and/or diminish EBITDA, relatively short term horizons before their sponsors will expect… Continue Reading