September 15, 2023
Claim Monetization

In this video blog, Kevin Skrzysowski , Director at Certum Group, provides an overview of Claim Monetization , answering the questions:
- Claim monetization, sometimes referred to as Affirmative Asset Monetization, is a way to convert an illiquid asset into non-recourse capital.
- It involves identifying and monetizing a latent litigation asset that one business has against another.
- When a claim is monetized, a third-party funder such as Certum Group advances capital on a non-recourse basis to a company in exchange for a portion of the claims’ potential future recovery.
- Claim monetization is basically providing a company with an immediate cash infusion that otherwise would be unavailable until the claim was successfully resolved.
- Claims monetization is available for any type of litigation, but it’s usually best applied to commercial matters, contract matters, intellectual property disputes, and antitrust cases.
- Some examples of monetization opportunities include: (1) contract litigation or another type of commercial litigation against a vendor, contractor, or competitor; (2) Patent or other IP litigation against a competitor; (3) participating in a consortium with other companies seeking redress from the same wrongdoer; or (3) “opting out” of pending class action litigation to pursue an individual direct claim, which we often see in antitrust cases.
- First, a merits and damages assessment is done on a company’s current or future claim or portfolio of claims.
- Then a customized monetization strategy is developed to meet the client’s legal, business, and financial objectives.
- The third-party funder then provides a capital offer to participate in the claim’s potential future recovery
- A legal agreement is executed, and funds are advanced to the company on a non-recourse basis.
- By pulling forward potential recoveries, companies can obtain immediate revenue without the uncertainty of the actual outcome.
- Cash resources that might have been used to cover legal costs can be redeployed into the company’s core operations.
- While contingent legal assets generally have no ascribed value on a company’s balance sheet, upfront claim monetization can generate cash to help improve the company’s bottom line.
- Simply put, non-recourse, claim monetization reduces the financial and outcome risk of pending or future litigation and provides upside opportunity to monetize litigation assets.
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Recent Content

By Certum Group Team
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December 4, 2025
Certum Group, a leader in litigation risk management, is pleased to announce the launch of Certum Legal Solutions (CLS), a managed services organization (MSO) that helps law firms handle their day-to-day operations. CLS expands Certum Group’s platform beyond litigation finance and insurance into technology-driven operational support for law firms. With this launch, Certum is now the only provider to offer funding, insurance, and operational services through a single, integrated platform. Built by trial lawyers and experienced legal operations professionals, CLS delivers end-to-end support for mass tort and single-event litigation practices, including intake, pre-litigation investigation, plaintiff discovery support, settlement claims processing, and client communications. The CLS platform leverages proprietary and heavily customized tools such as integrations for rapid medical record collection, a mobile client app, automated document workflows, electronic signature systems, and an in house call center to streamline case management and boost efficiency. CLS currently manages thousands of cases for law firm clients across the United States and is designed to scale quickly to meet changing caseloads while maintaining control and delivering a consistent client experience. “Our clients have long relied on Certum to mitigate litigation risk and financial risk; with Certum Legal Solutions, we can now mitigate operational risk as well,” added David Diamond, Managing Director at Certum Group. “Because CLS is built the way trial lawyers think about building cases, from intake to resolution, firms get a turnkey, technology forward solution that measurably improves efficiency and outcomes,” said Asim M. Badaruzzaman, CEO of Certum Legal Solutions. CLS originated from a services operation launched in 2024 and was acquired by Certum Group in 2025. The new business line uses a customized fee for service model that aligns pricing with the scope and value of each engagement, allowing firms to avoid the capital costs and staffing requirements of building these capabilities themselves. While the initial focus is on mass tort and single event, Certum plans to extend CLS capabilities to additional practice areas over time, further expanding the company’s comprehensive approach to funding, insurance, and operational support. For more information, please contact: David Diamond Managing Director, Certum Group ddiamond@certumgroup.com Asim M. Badaruzzaman CEO, Certum Legal Solutions asim.badaruzzaman@certumlegalsolutions.com

By Kirstine Rogers
•
November 6, 2025
The recent legislative push—then retreat—to impose a tax on litigation funding returns didn’t change the law, but it clarified what’s at stake. It shined a spotlight on the solution that litigation funding provides for the legal industry and to intellectual property owners. Litigation finance doesn’t present a taxation loophole to close. It’s a process that allows plaintiffs with strong claims—and limited resources—to make it to the courthouse steps. In the IP world, where the costs of litigation can eclipse the means of most inventors, startups, and universities, non-recourse litigation funding often is the only way to level the playing field. The investment risks for funders are high; the returns shouldn’t be penalized. The right policy response isn’t punitive taxation or blanket disclosure of sensitive funding terms, but acceptance of funding as a necessary tool and tailored transparency under the court’s supervision, so that financial disparity doesn’t become a tactical weapon. The goal is simple: Keep the courthouse doors open while maintaining fairness and integrity in the adversarial system.

By W. Tyler Perry
•
October 23, 2025
It feels like every couple of weeks an article appears lamenting the rise of litigation finance as the death of capitalism and the birth of something monstrous. The most recent chorus began over the summer when the CEO of Chubb called litigation finance “ a hidden tax on society ” in the editorial pages of the Wall Street Journal. A month later, the CEO of The Hartford grieved on an investor call that litigation finance has “turned our judicial system into a gambling system.” And just last month, the American Property Casualty Insurance Association ’s Senior Vice President of Federal Government Relations exclaimed: “Too many baseless claims, filed by lawyers motivated by profit are clogging our legal system with unnecessary lawsuits, increasing costs and delaying swift resolution of genuine legal claims.” As someone who has been a big firm defense lawyer, a small firm plaintiff lawyer, and now a litigation funder, I can confidently say that these arguments fundamentally misunderstand litigation finance and its incentives, while simultaneously conflating the interests of large repeat defendants with those of society writ large.
