Few business decisions come without risk. But for almost all of them, tools and processes have been developed to assess and mitigate those risks. The decision to pursue litigation, however, is still mostly a subjective endeavor. It is often based on rudimentary analysis of past precedent. There is little to rely on beyond a qualitative review of the basic claims by counsel. And, except for the relatively rare instance when a law firm would agree to a contingency fee arrangement, there have been limited opportunities for companies to manage the financial risks associated with the prosecution of their claims.
Examining these circumstances, and how they can be creatively addressed by an emerging new industry, will be the focus of this discussion.
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