De-risking pursuit of opt-out claims

Challenge: Building opt-out book presented novel risk   

An AmLaw-ranked national litigation boutique wanted to build a book of new business based on opt-out claims in an emerging antitrust litigation in the healthcare sector.   

The litigation boutique had a robust existing antitrust practice group, as well as experience with large and complex litigation in the healthcare space, but sought exposure to this large litigation that was new to them. The firm also recognized that potential clients would be more likely to pursue direct claims rather than remain in the class were they able to offer risk-sharing terms.    

Solution: Legal finance portfolio de-risked claim pursuit   

The firm worked with Burford to create a $25 million portfolio facility for the opt-out claims. This financing enabled the firm to engage clients on a contingent basis, which could result in them securing a greater recovery than by remaining in the class, but without bearing upfront costs. In addition to creating the portfolio arrangement, Burford assisted the firm in sourcing additional clients to add to the portfolio. 

Impact: Ability to take on valuable antitrust claims while minimizing risk   

With Burford’s portfolio facility in place, as well as the additional sourcing of new clients, the firm was able to secure significant new business and help their clientele maximize recoveries, de-risking the pursuit of the antitrust opt-out claims for the claimants and the firm.