Frequently Asked Questions

Review answers below to some common questions our clients have had:

Delta invests primarily in commercial claims brought by plaintiffs in the U.S., Europe and offshore jurisdictions. These claims typically require between $1 and $10 million in financing and have an aggregate Claim value for potential damages of at least $10 million.

Litigation financing is different from contingency fee arrangements in several ways. First, Delta does not actually provide legal services to claimants. Instead, the claimant selects the law firm of its choice to represent the claimant in litigation.

Second, Delta can, at a claimant’s request provide other value-added services, including participating in negotiations or utilizing public relations strategies to assist with the speedy resolution of a Claim.

Third, most Am Law 100 law firms and other law firms that specialize in pursuing large commercial claims will not perform such legal work on a contingency fee basis and instead require monthly payments, regardless of the outcome of the lawsuit.

This significantly decreases the potential pool of highly qualified lawyers and law firms that could represent a claimant in the type of claims for which they seek financing from Delta.

Opponents of litigation financing often argue that it will increase the number of unmeritorious lawsuits. However, their argument is unfounded because Delta and other litigation financiers will only agree to finance claims if they believe that their claimant will be able to prevail at trial.

Delta conducts extensive due diligence before agreeing to finance a claim. To its knowledge, Delta spends more time and money to review the merits of a potential deal than any other litigation fund. Delta retains independent legal counsel, independent expert witnesses and sometimes multiple law firms to evaluate a claim and ensure that there is sufficient evidence to support all claims that Delta finances.

Yes. Delta does not lessen a claimant’s power to make decisions about litigation strategy. At the claimant’s request, Delta can assist with developing an effective and efficient strategy and make use of Delta’s experience, expertise, and connections in the financial services industry to try and resolve claims through litigation or settlement.

Delta always ensures that it understands the claimant’s goals and strategy and that they comport with Delta’s philosophy and objectives.

Delta never requires a claimant to disclose information that is solely protected from disclosure by the attorney-client privilege, and the attorney work product privilege is typically not jeopardized by disclosures to funders where the information is subject to a non-disclosure agreement.

The group of highly experienced law firms with which Delta works have the expertise to structure Delta’s litigation funding agreements and Delta’s relationship with claimants to ensure the preservation of the attorney-client privilege and work product doctrine at all times, while still allowing Delta to be kept apprised of and involved in major decisions affecting the claim that it is financing.

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