LITIGATION FUNDING

Direct Management of “Active” Litigation

We select, evaluate, and purchase the Litigious Right (Res Litigiosa) from any party holding it following a technical-quantitative analysis process, in order to manage it quickly and efficiently, thanks to our proprietary technology RischioLegale®.

LexCapital facilitates access to Justice

LexCapital facilitates access to Justice

In its most traditional framework, Litigation Funding is an atypical and aleatory transaction whereby an entity—typically a Special Purpose Vehicle or a Fund—purchases a Litigious Right (the so-called Res Litigiosa) of an economic nature from a Private Individual, a Company, or a Public Entity, for the purpose of enabling the assigning party to protect their rights by initiating out-of-court or judicial proceedings.

It was created with the goal of facilitating access to Justice for less structured entities and those who wish to focus on their core business. LexCapital assumes all costs for legal fees and technical consultancies, even in the event of potential defeat (including before foreign jurisdictions), and, only in the case of a favorable outcome, shares in the economic benefit obtained by the assigning party with a pre-agreed share.

Legal Fees
0%
Customer
0%
LexCapital
Costs of Defeat
0%
Customer
0%
LexCapital
Litigation Proceeds
Pro rata
Customer
Pro rata
LexCapital

Discover all the advantages of Litigation Funding

LexCapital assumes all costs for legal fees and technical consultancies, even in the event of potential defeat (including before foreign jurisdictions), and, only in the case of a favorable outcome, shares in the economic benefit obtained by the assigning party based on a pre-agreed percentage.

NO OUT-OF-POCKET EXPENSES OR LEGAL COSTS

NO OUT-OF-POCKET EXPENSES OR LEGAL COSTS

Litigation Funding allows the freeing up of financial resources employed in litigation management for the payment of legal, technical, and all other costs, in order to invest them in other activities.

NO RISK OF DEFEAT

NO RISK OF DEFEAT

LexCapital fully assumes the risk of defeat in court and takes on all related costs and expenses, thereby exempting the party assigning the litigious right from the need to provision significant dedicated sums in the financial statements.

EXTERNAL LITIGATION MANAGEMENT

EXTERNAL LITIGATION MANAGEMENT

This option allows complex disputes or those presenting specific critical issues to be outsourced, with the aim of accelerating their eventual resolution. This approach makes it possible to optimize costs and mitigate Litigation Risk, thereby fostering greater efficiency at the process level.

AREAS OF INTERVENTION

Main fields of application of Litigation Funding

Reverse Litigation Funding

Reverse Litigation Funding

We are also active in Reverse Litigation Funding or Defense Side Litigation Funding activities, where we act in support of Defendants—typically Insurance Companies operating in liability lines, Banks and Financial Intermediaries, and self-insured Healthcare Facilities—particularly having gained experience in the innovative management of run-off litigation portfolios to accelerate their resolution and the correct provisioning of the related Reserves.

Antitrust and Private Enforcement Actions

Antitrust and Private Enforcement Actions

We support Companies harmed by unlawful conduct and unfair commercial practices (Cartels), promoting initiatives to obtain compensation for damages arising from such unlawful behavior.

Banking Litigation and Financial Transactions, including Derivatives

Banking Litigation and Financial Transactions, including Derivatives

We stand alongside anyone who has signed complex banking and financial contracts, such as Derivatives, in cases where they have proven to be speculative instruments and have caused severe financial losses for the funded party. We are also active in cases of compounding of interest (anatocism), fraudulent conduct harming savers, usury, guarantees issued or received, nullity of mortgages, termination of relationships, and any other irregular or unfair conduct carried out by banking intermediaries

Claims in Public Works

Claims in Public Works

We are active in cases involving economic claims advanced by contracting companies to obtain greater compensation or to contest choices made by the Contracting Authority to recover extra costs incurred during the execution of the activities. We step in with expert technicians and specialized lawyers, enabling companies to free up the financial resources employed in litigation management and invest them in other activities, in order to better focus on their core business.

Collective Actions and Campaigns

Collective Actions and Campaigns

We support actions conducted by multiple parties and groups of people, protecting common interests or homogenous rights. Our actions aim to secure compensation for damages for all those consumers or users who have suffered a wrongful act.

Insolvency Proceedings and Corporate Restructuring

Insolvency Proceedings and Corporate Restructuring

We support the bodies involved in insolvency proceedings and companies undergoing restructuring, typically by acquiring individual ongoing disputes or the entire portfolio (e.g. claims for damages, liability actions, avoidance actions, recovery plans, and other complex ongoing disputes). In this way, we enable a swifter conclusion to proceedings and facilitate the restructuring process, allowing company managers and their advisers to focus more closely on key areas, both organisationally and financially.

LexCapital also evaluates with interest cases in the following litigation areas: filing a civil claim within criminal proceedings, intellectual property law, environmental law, telecommunications law, and other claims for damages.

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What they say about us

CLIENT HARMED BY ANTI-COMPETITIVE BEHAVIOR

Head of Legal

“We assigned our claim related to a demand for damages, and LexCapital fully supported us through its network of lawyers and econometric consultants, advancing the associated costs. If we had not opted for this solution, which allowed us to obtain the financial resources necessary to pursue the proceedings, we would have had to give up protecting our rights.” Company harmed by anti-competitive behavior

LEADING LAW FIRM

Managing Partner

“Our Firm has been repeatedly consulted by LexCapital, including during the development phase of RischioLegale, and has been a user of it since the beta testing stages. RischioLegale is a flexible, easy-to-use tool, useful for estimating the costs and timelines associated with litigation, as well as for reporting activities aimed at our corporate clients, including the quantification of risk provisions in financial statements.” Leading Italian Law Firm

LEADING INSURANCE COMPANY

Claims Manager

“LexCapital successfully analyzed and managed for us approximately 200 claims in litigation from a run-off portfolio, characterized by stalled long-tail positions. Around 50% of the positions that were assigned were settled and, at the same time, the related financial resources absorbed by the Technical Reserves were released.” Leading Insurance Company