Our investment process includes 5 steps that are activated progressively in order to efficiently manage the time and costs of due diligence that remain entirely by BE CAUSE.
The phases of the investment process
- Signing confidentiality agreement
- Collection of preliminary documentation
Preliminary analysis and term sheet
This phase consists of two stages:
- light due diligence, during which legal and financial analysts verify the existence of prerequisites:
- qualitative -> nature of the case, completeness of documentation, area of law, solvency profile of the counterparties, jurisdiction
- quantitative -> size of the investment, likelihood of success, timing, risk of losing the case
- non-binding term sheet, which contains the main terms and conditions of the possible investment, subject to modifications and amendments on the basis of the outcome of the legal and financial due diligence
Legal and financial due diligence and LFA drafting
This is a more in-depth review of the investment opportunity that is conducted for only those cases that pass the preliminary analysis and is aimed at assessing:
- merit of the case
- quantum of the expected outcome
- likelihood of success and settlement
- timing and costs
- legal strategy and team of advisors
- any other useful elements
In parallel with legal and financial due diligence, we define the content and text of the Litigation Finance Agreement (LFA drafting) is defined.
- Approval by the Investment Committee and Board of Directors of BE CAUSE and by any relevant bodies of the claim holder
- Signature of the Litigation Finance Agreement
Monitoring and management
BE CAUSE joins and supports the claim holder in defining the proper legal strategy at every stage of litigation, including settlement attempts, bringing expertise, reputation, and negotiating strength with a logic of alignment of interests.
"Litigation finance is likely the most important development in civil justice of our time"
Professor of Law, Arbitrator, Speaker & Consultant