HLC
MMXXVI
Governance
The architecture of discipline.
Twelve standing provisions govern how a commitment is considered, cleared, documented and monitored. They are procedural obligations rather than statements of intent, and they are not waived for a particular matter.
The provisions
- I–V
- Separation of function, clearance, jurisdictional review, independent assessment, recusal
- VI–IX
- Legal independence, documented decisions, documentation before deployment, uniform terms
- X–XII
- Information barrier, monitoring after execution, records and retention
Standing provisions
How a commitment is governed.
- I
Separation of Function
Commercial origination, legal clearance, analytical work and the eventual capital decision are performed by different functions. No single person carries a matter from first contact to deployment.
- II
Legal Clearance Before Diligence Spend
Legal permissibility, conflicts and confidentiality arrangements are cleared by the General Counsel before external diligence expenditure is incurred on a matter.
- III
Jurisdiction-Specific Legal Review
Financing must be lawful and professionally permissible in the governing jurisdiction and in each jurisdiction where recovery is expected. That review is conducted matter by matter and is never assumed from another jurisdiction.
- IV
Independent Legal Assessment
Substantive matters are assessed with the benefit of independent legal review. Hudson does not rely on the enthusiasm of the proposing counsel alone.
- V
Conflicts and Recusal
Any person with a personal, professional or prior counsel relationship to a party, firm or matter recuses from it. The recusal is recorded.
- VI
Legal Independence
Counsel and the client retain control of the litigation. Hudson does not select, instruct or supervise counsel, does not direct pleadings, evidence, witnesses or strategy, and does not control settlement.
- VII
Documented Decisions
Every commitment, every decline and every material post-commitment decision is recorded in writing, with the basis on which it was taken.
- VIII
Documentation Before Deployment
No capital is deployed before the transaction documents are executed and the General Counsel has confirmed that the conditions to deployment are satisfied.
- IX
Uniform Terms
Commitments are documented on Hudson's standard form. There are no undisclosed economics and no side arrangements outside the executed documents.
- X
Information Barrier with HLCDC
Hudson Litigation Defense Capital is a separate entity with its own capital, its own committee and its own records. Counterclaim matters lodged with the affiliate are handled behind an information barrier and are not visible in Hudson's ordinary deal flow.
- XI
Monitoring After Execution
Once a commitment is executed, the matter passes to portfolio management for reporting, drawdown control and monitoring for the life of the transaction.
- XII
Records and Retention
Decision records, clearances, recusals and correspondence are retained under Hudson's records policy, subject to confidentiality and applicable law.
Confidentiality and disclosure
Material shared with Hudson while a matter is being assessed or monitored is treated as confidential and is handled under a written confidentiality agreement. Hudson does not seek privileged material beyond what is reasonably necessary for its assessment and monitoring.
Hudson does not represent that confidentiality arrangements confer privilege, that any common-interest protection arises automatically, or that its involvement in a matter will never be disclosed. Disclosure obligations differ by jurisdiction, forum and procedural rule, and any applicable obligation is complied with. The position in a given matter is a question for the client and its counsel.
- How We Invest
The principles and the stages of review.
- Counterclaim Finance
The affiliate and the information barrier.
- Disclosures
Formal statements and limitations.
