November 2, 2026
Invenio Partner Brenna Legaard recently sat down with the Legal Funding Journal for an LFJ Conversation on IP underwriting, Big Law’s move into plaintiff-side work, and where litigation funders should be looking next.
Drawing on more than 20 years as a trial and patent attorney, Brenna offers a candid look at where funders get it right, and where they don’t.
A few highlights:
Underwrite as one analysis. Infringement, validity, and damages all depend on the same claim scope, so assessing them in silos is where diligence most often falls short.
Stay the course on policy. Claims that are valid and technologically important hold their value in any climate. As Brenna says, "The right answer is the right answer, whichever way the wind is blowing." The direction shouldn’t change with the administration.
Underwrite the firm, not just the case. Big Law and contingency boutiques manage risk differently, and funders need to structure their deals accordingly.
Insure the big cases. For large contingency matters, especially those involving Big Law, insurance is key to making deals viable and sustainable.
Read the full conversation here.
