Funded Litigation

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The rise of litigation funding in recent years has been very significant. Most countries now recognise and authorise the process, and the business of providing litigation funding is growing fast.

The advent of the Unified Patent Court has opened the door to cost recovery and more substantial damages – both tend to promote the attractiveness of patent litigation to funders.

Funded litigation can be an opportunity or a threat – it is very positive if funding can be obtained on the right terms, but it can be a problem if you find yourself litigating against a well-funded opponent.

At Trevisan & Cuonzo we have in depth experience on both sides of the fence. We can help our clients find potential funders, and then negotiate the best terms for the funding arrangement. Equally, we have experience of fighting against funded parties and the pressure to bring to minimise the downside of such an arrangement.

The experience extends to all core practices of the firm, from patent litigation, to product liability litigation and competition litigation.

Recent notable cases:

  • Litigating for and against multiple parties in funded patent litigation, reviewing terms of funding agreement, assessing options for financial structures of funding agreements, negotiating settlement terms with funded opponents, etc.
  • The firm was recently hired by an international player to bring a follow on damages action against the members of the corrugated cardboard cartel, fined by the Italian Competition Authority. The action will aggregate the damages claims of hundreds of companies and is going to be one of the first mass follow on competition actions entirely funded and aggregated by a professional claim aggregator in Italy

They have the right level of aggression

The Legal 500, 2025