Litigation Finance

Litigation Finance

Lake Whillans is a commercial litigation finance firm providing funding for companies in litigation or arbitration.

What is litigation funding?

Litigation finance or litigation funding is the provision of capital to a claimholder in exchange for a portion of the proceeds in a litigation or arbitration where recourse is limited to the proceeds of the litigation or arbitration at issue.

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“The firm’s approach to funding and the engaged nature of its principals comes in for praise…” - Chambers

Commercial litigation and arbitration can be lengthy, expensive and risky. It can drain resources necessary for a business’s operations and growth.

Unfortunately, some well-heeled companies use this reality to their advantage in both their regular business dealings and in structuring their legal strategy with the goal of driving results that reflect the disparity in resources between the parties rather than their merits.

Litigation Financing Provides:

  • Funding for the legal fees and expenses necessary to prosecute optimally a meritorious legal claim.
  • Capital for operations or other corporate purposes so that claimholders can take advantage of business opportunities.
  • A way to eliminate litigation risk - if the underlying claim is not successful, we are owed nothing.
  • Capital for companies or investors faced with challenging business environments caused by the unfair business practices of another party.
  • Equity investments that can be used to buy-out existing investors and/or invest in operations and growth opportunities.
  • Opportunity to exit underperforming investments or assets that no longer fit a portfolio.
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What we do

A Better Source of Capital

We help companies more efficiently finance both their legal claims and their operations so that they can grow and succeed while they resolve any legal disputes.

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Understanding the Litigation Funding Process

Recognizing from our experience that companies have diverse objectives, we structure each transaction on an individual basis to allow claimholders to achieve their goals. We enter into non-disclosure agreements to allow for free discussion, and provide the proposed terms of an investment early in our discussions so that companies and their counsel can make a considered decision before investing time and resources in the diligence process.

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The Ethics of Litigation Finance

Our funding process - from initial intake and negotiation of a term sheet, through due diligence, execution of funding agreements, and implementation over the life of the litigation - has been developed, and is conducted with, the highest ethical standard of performance in mind.

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Contact Us


The best way for companies and their counsel to determine if litigation finance is an attractive option is to discuss it with us.

Lee Drucker drucker@lakewhillans.com