Defense Counsel Managing Litigation Risk

Managing Litigation Risk

Litigation has become an increasingly occurring obstacle for businesses and can consume massive amounts of time and money from everyone involved. Our goal—and similarly the goal of both the defense counsel and their clients—is to work with defense counsel to design settlement structures that meet the financial and legal objectives of the client in the most efficient manner possible. In the event that a case is not ready for settlement, but the uncertainty of the process and total costs of defending the litigation and ultimate judgment is a deterrent to a pending financing or M&A transaction, we can ring-fence the litigation exposure and transfer the risk.

Using proprietary quantitative and qualitative analyses, the experts at Risk Settlements help legal teams craft settlement structures that eliminate excess financial risk for the defendant. Through Risk Settlements, counsel and their clients have access to (a) Class Action Settlement Insurance (CASI)—the only insurance policy designed to allow companies to transfer the risk of settling existing class action litigation to an insurer and provide businesses with the financial certainty they need to come to a resolution and, (b) Litigation Buyout Insurance (LBO Insurance) – provides companies with the ability to successfully ring-fence litigation exposure and transfer the full financial risk of known, threatened or existing class action, antitrust and non-class litigation.

Why Consult with Risk Settlements?

Class action litigation is complex and structuring a settlement can be an even more complicated process. With decades of class action, business and actuarial experience, Risk Settlements provides companies’ legal teams with additional artillery to combat risk, as well as customized solutions to meet specific settlement needs. Risk Settlements plays a meaningful role in helping companies find settlement solutions or ring-fencing litigation risk that mitigate the unintended consequences of settlement and uncertain payout.