Delta invests primarily in commercial claims brought by plaintiffs in the US, Europe, and offshore jurisdictions. These claims typically require $1 million to $20 million in financing and have an aggregate claim value for potential damages of at least $50 million.
Working with Delta
Delta provides more than traditional litigation finance funding and has positioned itself as a financial solutions provider to claimants, law firms, professional service firms, and businesses having legal claims. In addition to the provision of traditional litigation finance for one-off and baskets/portfolios of claims, Delta also provides creative solutions to claimants, businesses, and professional service firms to meet their evolving needs and to continue to be their funder of choice. Provided below are answers to common questions from clients.
Common Client Questions
Unlike a contingency fee arrangement with a law firm, Delta does not provide legal services to claimants. Instead, the claimant selects the law firm of its choice to represent the claimant in its dispute, and Delta can provide funding for such a firm’s fees, as well as other costs that may not be included in a contingency arrangement. Funding can be used for court/arbitration costs, expert fees, travel expenses, and the fees of third-party media and investigation service providers. Additionally, by utilizing Delta’s third-party funding, a claimant is not limited to the small subset of top law firms that offer contingency fee arrangements for large commercial legal disputes. A claimant may instead select any law firm that it desires.
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.
Yes. A claimant may select any attorney or law firm to handle the claim, and the capabilities and experience of such counsel will be considered as part of Delta’s investment decision process. Delta can, of course, assist claimants by providing access to world-class and experienced law firms if requested.
Delta never requires a claimant to disclose information that is solely protected from disclosure by the attorney-client privilege, and always enters into a Non-Disclosure Agreement with the claimant in order to protect the disclosure of privileged information.
Many, if not most, jurisdictions in the US that have ruled on the issue have held that the attorney work product doctrine is not jeopardized when work product is disclosed to a prospective funder, provided that claimants should always consult with their counsel prior to making any such disclosures.
Delta provides an array of options for funding a claim. Delta understands that each claimant is situated differently and utilizes funding arrangements that are based on the unique attributes of each claim.
No. Except in very limited circumstances, Delta’s funding is provided on a non-recourse basis and it is not entitled to receive any payments from the claimant unless and until the funded claim is successfully monetized.