WHAT WE FUND

Our funding can finance legal expenses, provide working capital during a dispute, mitigate litigation risk, and help companies achieve early monetization in litigation and arbitration matters.

Funding obtained through Erso is almost always provided on a non-recourse basis, meaning payment under the litigation funding agreement depends upon a successful outcome in the underlying litigation or arbitration.

Clients retain control of their litigation. We respect the attorney-client relationship and do not seek to interfere or gain control of your legal matter. Our role is to ensure you have the financial support needed to succeed.

  • We provide capital to businesses of all sizes to cover legal fees and expenses incurred while pursuing a litigation or arbitration claim. We finance a range of commercial litigation, arbitration, and group actions on a single-case basis.

  • We provide capital to law firms to manage the risks and cash flow associated with alternative fee arrangements. Our funding can support a single case or a portfolio of matters.

    A unique advantage of partnering with Erso Capital is our affiliation with TheJudge. This relationship allows us to combine our funding with contingency fee insurance, offering optimal cash flow and risk management solutions, which often provides clients a better percentage of recovery than litigation funding alone.

  • If you’ve already received a judgment or award in your favor, we can advance funds on the amount owed, pending appeals or enforcement. Alternatively, we can consider the outright purchase of awards.

    Our team has extensive experience in monetization transactions, ranging from a few million USD to $200 million in capital advances.

  • For larger corporate enterprises with several distinct cases, we can provide a variety of financial solutions, including cross-collateralized structures to cover the capital cost of non-recourse financing, while improving your company’s economics.

    Our portfolio structures enable corporations to bring forward value in their contingent legal assets to achieve revenue recognition. Our corporate finance facilities can range from the low tens of millions to several hundred million dollars.

OUR INVESTMENT CRITERIA

We keep our initial criteria straightforward. If your case meets the following conditions, we’d be happy to discuss it with you:

  • The case has sound legal merits and a strong chance of success.

  • Your opponent(s) are creditworthy and likely able to satisfy a judgment.

  • The realistic damages of your claim are greater than six times your legal budget.

CASE TYPES

We consider a wide range of case types, including:

  • Commercial and contractual disputes

  • Business tort claims

  • Claims arising from liquidation, bankruptcy, or insolvency

  • Patent disputes

  • Domestic and international commercial arbitrations

  • Investment treaty arbitrations

  • Class actions and group litigation

  • Antitrust and competition claims

  • Mass tort claims

  • ESG matters