This article extends previous work done by the author on litigation investment. Litigation investment, also known as “alternative litigation finance” is a new and important development in civil litigation in the United States as well as many common law and civilian legal systems. The market has been, up to now, focused on civil litigation brought by private parties. This article argues that public litigation can be funded by litigation investment by adopting the same legal principles that have been developed for the market in investment in private litigation.