Corporate Counsel & Legal Operations Professionals

Risk Settlements provides risk transfer solutions for companies that find themselves facing known, threatened or pending litigation, and companies that possess affirmative litigation claims which have yet to be monetized. At Risk Settlements, we provide solutions that remove the uncertainty of litigation by transferring the outcome risk.

Risk Settlements’ team of experienced legal, insurance and risk mitigation specialists use subject matter expertise and a proprietary, data-driven approach to design optimal risk transfer solutions to achieve a company’s business, financial and legal objectives. We provide:

• Class Action Settlement Insurance (CASI): The only post-litigation insurance product on the market that allows companies to mitigate, cap and transfer the financial risk of settlement in existing class action litigation
• Litigation Buyout (LBO) Insurance: This product allows companies to successfully ring-fence litigation exposure and transfer the full financial risk of known, threatened or existing class action, antitrust and non-class litigation liabilities
• Prospective Coverage: This solution allows companies to transfer the risk of potential, known or threatened liabilities identified in due diligence or specifically identified otherwise
• Portfolio Escrow Release: An alternative to addressing ongoing litigation risk and escrows affecting portfolio companies, this solution provides private equity firms with the ability to unlock escrow assets by successfully ring-fencing litigation exposure and transferring the full financial risk of known, threatened or existing liabilities
• Judgment Preservation Insurance: This insurance policy provides a backstop to any judgment you have received which may be subject to appeal, the solution enables companies to lock in a particular judgment amount, regardless as to what the court ultimately decides
• Adverse Judgment Insurance: This solution provides coverage for costs and expenses in the event of an adverse judgment up to policy limits

We also work with corporate counsel and business leaders to identify and potentially monetize untapped litigation assets.

As litigation and risk specialists, we understand and analyze the litigation risk, legal merits, opportunities and obstacles to recovery. We can assemble the team of lawyers and experts and provide the funding necessary to maximize recovery of litigation assets. As part of our process, we design monetization solutions for companies by:

• Identifying potential litigation that could be monetized
• Analyzing current litigation to determine if there are efficiencies using litigation funding to carry the costs of the litigation
• Creating consortiums of similarly situated companies using economies of scale and critical mass to maximize recoveries and/or
• Offering immediate monetization of all or part of the claims, thereby generating revenue without the time and expense of ongoing litigation

Some opportunities include: one-off litigation against a vendor, contractor or competitor; participating in a consortium with other companies seeking redress from the same wrongdoer(s); or as an Opt-Out to pending class action litigation. Like our other risk transfer options, we remove the downside financial risk for the ongoing litigation fees and expenses and provide only upside opportunity to monetize untapped litigation assets.