Litigation Finance
Non-recourse capital powering the country’s leading law firms and most innovative companies.
How We Help
Certum Group is one of the nation’s premier providers of third-party litigation finance. We support law firms and claimholders pursuing highly meritorious business disputes.
Our funding typically covers legal fees and case expenses, but we can also provide non-recourse working capital backed by the legal claim itself. Because our capital is
non-recourse, repayment occurs only upon a successful outcome. And because our investments are
passive, we play no role in case strategy or settlement decisions.
Who We Help
Law Firms
Unlock capital, manage risk, and pursue more cases with confidence. Certum helps leading firms de-risk contingent-fee matters and expand their litigation portfolios with flexible, non-recourse funding.
Claimholders
Transform legal claims into financial assets. Certum provides non-recourse funding and insurance solutions that allow businesses to pursue strong cases without jeopardizing growth capital.
Our Solutions
Fees & Expenses
Non-recourse funding for legal fees and case costs—so clients and firms can pursue strong claims without tying up capital.
Portfolio Finance
Flexible capital across multiple matters, allowing firms and companies to diversify risk and scale their litigation strategies.
Claim Monetization
Immediate liquidity from pending or potential recoveries—turning legal claims into working capital you can use today.
The Cases We Fund
Antitrust
Appeals
Bankruptcy litigation
Business disputes
Construction disputes
Contract disputes
Copyright
International arbitration
Mass torts
Patent
Securities litigation
Statutory claims
Trademark
Trade secret misappropriation
Commercial Litigation
The Cases We Fund
Construction disputes
Contract disputes
Copyright
International arbitration
Mass torts
Patent
Securities litigation
Statutory claims
Trademark
Trade secret misappropriation
Antitrust
Appeals
Bankruptcy litigation
Business disputes
Construction disputes
Contract disputes
Copyright
International arbitration
Mass torts
Patent
Securities litigation
Statutory claims
Trademark
Trade secret misappropriation
Antitrust
Appeals
Bankruptcy litigation
Business disputes
Antitrust
Appeals
Bankruptcy litigation
Business disputes
Construction disputes
Contract disputes
Copyright
International arbitration
Mass torts
Patent
Securities litigation
Statutory claims
Trademark
Trade secret misappropriation
Antitrust
Appeals
Bankruptcy litigation
Business disputes
Construction disputes
Contract disputes
Copyright
International arbitration
Mass torts
Patent
Securities litigation
Statutory claims
Trademark
Trade secret misappropriation
Case Study
See how we helped a small business pursue a mission-critical trade secret claim
Waiting to Settle Cost a Company Millions
Using Class Action Settlement Insurance, the company transferred 100% of the settlement risk and saved millions of dollars in exposure and enterprise value.
The Funding Process
01
NDA and Intake
Sign a nondisclosure agreement to help protect the confidentiality of your communications.
Submit your funding request, ideally a memo outlining your claim (Page 6 of our Guide offers tips).
We conduct a preliminary assessment to confirm your case meets our suitability threshold for financing.
02
Term Sheet and Diligence
If your case passes initial review, we send a non-binding term sheet (see Page 8) outlining the funding agreement, including the funding amount, return structure, and exclusivity period.
Once terms are agreed, we conduct further diligence, often with the help of subject matter experts, including outside counsel and liability or damages experts.
03
Funding Agreement and Final Approval
We send you a draft funding agreement, memorializing the funding terms while we complete our diligence.
If we elect to proceed, we submit the matter to our investment committee for approval. Once approved, the agreement is signed, and funding is released.
Case Study
See how we helped a small business pursue a mission-critical trade secret claim
Waiting to Settle Cost a Company Millions
Using Class Action Settlement Insurance, the company transferred 100% of the settlement risk and saved millions of dollars in exposure and enterprise value.
Frequently Asked Questions
Does Certum control the litigation?
No. Certum does not control the litigation in any way. Our agreements explicitly disclaim control over case strategy, settlement decisions, or attorney conduct. All decisions remain solely with the client and its counsel.
How should I present my case for funding?
Submit a concise case summary outlining the key facts, legal theories, procedural status, and estimated damages. Download a sample memo in our Certum Litigation Finance Guide to see what we look for.
Is litigation funding disclosed to the court or opposing party?
Generally, no. Most courts have held that litigation funding is not relevant to the merits and is protected by the attorney–client privilege and work-product doctrine. For details, see our blog post on disclosure and privilege.
How can the funds be used?
Funding proceeds can be used flexibly for:
- Legal fees and/or case expenses (expert witnesses, discovery, court filing fees);
- Working capital for the client or firm; or
- Related litigation or enforcement efforts tied to the funded matter.
What happens after you fund a case?
Certum monitors progress through periodic updates from counsel. We do not control litigation decisions but can provide strategic guidance and portfolio-level insights informed by our experience with complex commercial disputes.
What types of cases does Certum fund?
Certum funds commercial and intellectual property disputes, including patent, contract, antitrust, class action, and investment-related matters. Our matters typically have strong legal merits with expected recoveries over $25 million and the legal merits are strong.
What makes Certum different?
Certum stands apart through our flexibility, financial strength, and expertise:
- We partner with institutional capital providers, ensuring long-term stability and capacity to fund large or multi-year portfolios.
- We design custom solutions, not one-size-fits-all products—combining funding, insurance, and structured risk transfer to meet each client’s objectives.
- Our team combines top-tier legal, financial, and underwriting experience, enabling us to evaluate complex matters quickly and creatively.
What happens when a case resolves?
If the case succeeds, Certum receives an agreed of the recovery. If unsuccessful, the funding is non-recourse— the client owes nothing. Many clients continue working with Certum after resolution, reinvesting capital into new matters or exploring portfolio and insurance solutions for future growth.
Litigation Funding
Certum provides non-recourse capital to cover legal fees and expenses for Top Am Law 100 firms, corporate counsel, and plaintiff-side practices. Our flexible financing solutions enable clients to pursue high-value litigation without financial constraints—whether funding a single case or an entire portfolio.
We tailor structures to meet each client's needs, from expenses-only arrangements to partial fee coverage. We can engage at any stage of litigation: pre-filing, mid-case, before trial, or on appeal. Our focus areas include antitrust, intellectual property, business torts, contract disputes, mass torts, and novel litigation with substantial recovery potential. Where appropriate, we can combine funding with insurance to reduce the cost of capital.
Our non-recourse structure means clients have no repayment obligation if a case is unsuccessful. This allows our partners—corporations, law firms, and other litigants—to pursue justice with confidence while improving cash flow, managing risk, and preserving capital for strategic priorities.
Claim Monetization
Certum monetizing pending claims, judgments, and awards into immediate revenue. We advance a portion of the expected recovery, providing cash now without waiting for litigation outcomes—eliminating financial and outcome uncertainty while freeing resources to reinvest in the business.
We help businesses and law firms unlock capital strategically to address duration risk in protracted litigation or arbitration, access capital when market conditions favor deployment elsewhere, or remove litigation uncertainty from financial planning. Whether responding to immediate business needs or optimizing balance sheet management, claim monetization converts future recoveries into present value.
For qualifying cases, monetizations can be structured to flow through a company's balance sheet as ongoing revenue recognition rather than a one-time settlement or recovery. Our approach leverages litigation expertise and funding efficiencies to maximize recoveries while reducing risk and creating upside potential.
With Certum's claim monetization solutions, legal departments transform from cost centers into strategic sources of corporate revenue.
Secondary Transactions and Special Situations Financing
Certum facilitates secondary market transactions, purchasing existing portfolios or individual positions from litigation funders and other asset managers. This provides immediate liquidity for deployed capital, enables funders to meet new investment commitments, and creates exit opportunities for limited partners.
We also invest in litigation-related businesses, assets, and joint ventures across the litigation ecosystem. With a flexible investment mandate, we can structure creative solutions tailored to each opportunity—whether providing equity or debt capital to seed a new venture, fund growth, or monetize an existing entity.
Intellectual Property Portfolio Acquisitions
Certum finances the acquisition and monetization of intellectual property portfolios, including patents and copyrights, through strategic licensing and enforcement campaigns. We provide non-recourse capital to IP holders, aggregators, and specialized licensing entities pursuing enforcement against infringing parties.
Our financing supports comprehensive campaigns from acquisition through assertion, covering legal fees, expenses, and operational costs. We structure deals to align incentives and maximize portfolio value, whether funding a targeted campaign against specific infringers or a broader multi-jurisdictional enforcement strategy.
With deep expertise in IP litigation economics, we evaluate technical and creative merit, claim strength, and market dynamics to identify high-value opportunities. Our flexible approach accommodates various deal structures—from single-asset assertions to large portfolio acquisitions—enabling partners to monetize intellectual property assets without capital constraints.