Iron Ark PLLC · Contingency
Business litigation on contingency.
Earnouts · founders · securities · fiduciary duty · shareholder claims
Iron Ark PLLC takes business and commercial claims on contingency, from moderate-size claims to $100 million-plus cases against the largest, best-resourced firms in the country, in state and federal courts and arbitrations across the United States. On contingency, we are paid from the recovery. Depending on how a case underwrites, we may also pay the costs of the case.
Claims we take on contingency
- Earnout and post-closing M&A claims.
- Founder disputes and founder rights.
- Securities and investor claims.
- Fiduciary-duty and governance claims.
- Partnership and shareholder disputes.
- Art and authentication claims.
- Class actions, where the claims and the class support it.
How we underwrite a case
Liability. The theory tested against the documents, not just the story.
Damages. Modeled with real economic rigor – and provable.
Collectability. Whether the defendant can pay what a judgment or award would require.
Cost and duration. The litigation budget weighed against a realistic recovery.
Forum and enforcement. Where the case will be heard, and whether a result can be enforced.
Why the discipline matters
We turn down more contingency cases than we accept. That discipline is what lets us put our time – and, on the right cases, our capital – behind the ones we take, and carry them to trial when that is what the case requires.
How a contingency engagement is structured
- Contingency – we are paid a share of the recovery.
- Hybrid – a reduced fixed fee combined with a share of the recovery, or a cap with a contingency tail.
- Fixed fee by phase – where contingency isn't the right fit.
Case costs. Depending on how a case underwrites, we may advance or pay the costs of the case – experts, discovery, filing and arbitration fees. Who bears costs, and in what circumstances, is set out in writing in the engagement letter before any work begins.
What happens when you submit a case
Conflict check. Before we discuss the details.
A first conversation. With a senior lawyer, and a first look at the key documents.
Underwriting. Liability, damages, collectability, and budget.
A decision. If we take the case, the terms come in writing. If we don't, we tell you promptly – deadlines keep running, so speak with other counsel without delay.
When a case needs scale
When a contingency case needs more hands, attorneys from our network join us on contingency too – local counsel, specialists, and capacity for document-heavy phases, working under the lead team's direction. Any division of fees is disclosed to you and consented to in writing.
Where
Pending or recently active contingency business litigation in state and federal court and in arbitration – in Delaware, California, Florida, Massachusetts, Maryland, New York, Texas, and elsewhere. Wherever a case requires our work, we work with local counsel or seek admission for the case, subject to court approval.
Common questions
What does a contingency fee mean in a business case?
We are paid a share of what we recover – by settlement, award, or judgment – rather than by the hour. On a pure contingency, if there is no recovery, there is no fee. The percentage, and how costs are handled, are agreed in writing before work begins.
Do I pay anything up front?
On a pure contingency, no fee is due up front. A hybrid pairs a reduced fixed fee with a share of the recovery. Whether you are responsible for costs depends on the engagement.
Who pays the costs of the case?
It depends on how the case underwrites. On some matters we advance or pay the costs of the case – experts, discovery, filing and arbitration fees; on others, costs are shared or borne by the client. Who bears costs, and in what circumstances – including if the case is unsuccessful – is set out in the engagement letter before any work begins.
How is the contingency percentage set?
Case by case, based on the risk, the stage the case is in, its expected cost and duration, and whether we are carrying the costs. It is agreed in writing at engagement.
Can you take over a case that is already in litigation?
Yes, when the case underwrites. We review the record, the posture, and the remaining economics before we decide.
Do you take class actions?
Yes, where the claims and the class support it.
What if you decline my case?
We tell you promptly. Declining is not a judgment on the merits of your claim, and deadlines keep running – speak with other counsel without delay.
A strong claim deserves a serious look.
Submit a case for review →