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  • The Case for Nonlawyer-Owned Firms: Filling Consumer Justice Gaps Left by Big Law
  • Kansas Enacts Consumer Legal Funding Law, Offering a Bipartisan Regulatory Blueprint

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Nonprofit Milestone Foundation Forms Advisory Council to Champion ‘Simple Interest’ Litigation Funding

By John Freund |

The Milestone Foundation, a western New York nonprofit that bills itself as the country's only organization dedicated to litigation funding for plaintiffs, has assembled a new advisory council to advance its mission and promote a funding model built on simple, non-compounding interest rates. The move marks an effort to position nonprofit funding as an alternative to the high-cost consumer products that have drawn regulatory scrutiny.

As reported by Law.com, the Buffalo-based foundation unveiled a multi-disciplinary council spanning the full litigation ecosystem, drawing together professionals from across the plaintiff, finance, and legal services landscape to guide its work and broaden its reach.

Founded in 2016 by John and Amy Bair, the Milestone Foundation operates as a 501(c)(3) nonprofit and offers pre-settlement funding at 15% simple interest and post-settlement funding at 10% simple interest, with interest that never compounds. Like commercial consumer legal funding, its advances are non-recourse, meaning plaintiffs owe nothing if their case is unsuccessful. The foundation says it has provided more than $6 million in funding to over 900 plaintiffs in partnership with more than 320 law firms nationwide.

The council's formation comes amid intensifying debate over how consumer legal funding should be priced and regulated, exemplified by recent state legislation such as the Kansas Transparency in Consumer Legal Funding Act. By emphasizing transparent, simple-interest terms, the foundation is staking out a distinct position in a market often criticized for opaque and compounding charges, offering a model that supporters argue better aligns funding costs with plaintiffs' interests.

Singapore Court Declines to Revive $14 Million Third-Party Funding Cost Recovery Bid

By John Freund |

A Singapore court has affirmed an arbitral award denying a successful litigant's attempt to recover more than $14 million in third-party funding costs, reinforcing the principle that funding expenses are generally not recoverable from the losing side. The decision offers important guidance for funded parties weighing the economics of dispute resolution in one of Asia's leading arbitration hubs.

As reported by Law360, the dispute arose from an arbitration over control of a fintech joint venture. The prevailing party sought reimbursement of the substantial fees it had paid to its litigation funder, arguing those costs should be shifted to its opponent as part of the award.

The court rejected that argument, characterizing the funding expense as "simply the product of a risk any party engaged in dispute resolution takes." By framing the cost as an inherent risk of pursuing a claim rather than a recoverable disbursement, the court declined to allow the funded party to pass its financing burden to the other side.

The ruling underscores a recurring tension in funded disputes: while third-party funding can make claims viable, the cost of that capital typically remains with the party that engaged the funder, even in victory. Counsel in the matter included Providence Law Asia, Rajah & Tann, and Duxton Hill Chambers, with the proceedings tied to the Singapore International Arbitration Centre. For funders and funded parties alike, the decision is a reminder that recovery of funding costs cannot be assumed and must be carefully assessed when structuring the economics of a case.

Illinois Moves to Restrict Private Equity and Hedge Fund Control of Law Firms

By John Freund |

Illinois has joined a growing list of states moving to rein in non-lawyer ownership and control of law firms, advancing legislation that restricts the influence of private equity, hedge funds, and outside investors over legal practice. The measure reflects mounting concern that capital-driven ownership structures, closely related to litigation finance, could compromise attorney independence.

As reported by Crain's Chicago Business, House Bill 5487 places new limits on alternative business structures (ABS) and management services organizations (MSOs). The bill prohibits non-lawyers and outside investors from interfering with attorneys' professional judgment, accessing client records, hiring or firing lawyers, or charging fees tied to a firm's revenues or profits. Firms must also disclose any MSO or ABS arrangement to their clients.

Rather than banning the structures outright, the legislation significantly curtails non-lawyer involvement in firm operations and decision-making. The bill drew an unusual coalition, with both the Illinois Trial Lawyers Association and Illinois Defense Counsel backing it, alongside State Rep. Jay Hoffman and House Speaker Emanuel "Chris" Welch.

Supporters framed the measure as a response to rising private equity and venture capital involvement in civil litigation, drawing explicit parallels to third-party litigation funding arrangements that finance cases in exchange for a share of recoveries. Illinois follows California and Colorado in tightening ABS rules, amid criticism that Arizona's permissive regime has allowed non-lawyer-owned firms to manage mass tort caseloads while funded through attorney-fee percentages. The trend signals growing legislative resistance to investor control of the litigation process.

The Case for Nonlawyer-Owned Firms: Filling Consumer Justice Gaps Left by Big Law

By John Freund |

As states such as Illinois move to restrict non-lawyer ownership of law firms, defenders of alternative business structures are pushing back, arguing that ABS models expand access to justice for consumers and small businesses that traditional firms have little economic incentive to serve. The debate goes to the heart of how technology and outside capital should reshape the delivery of legal services.

As reported by Bloomberg Law, Matt Freund, co-founder and chief executive of Arizona ABS-licensed firm ClaimsHero, contends that conventional firms lack the incentive to handle consumer protection and wage-theft claims where clients cannot afford hourly billing. ABS firms, he argues, combine legal expertise with technology to operate on contingency at scale, serving more than 100,000 clients at no cost to consumers through automated onboarding, eligibility screening, and client communication.

Freund counters concerns that non-lawyer ownership weakens oversight, asserting that ABS firms face stricter regulation than traditional practices. Entity-level licensing, he notes, creates firm-wide accountability, with semi-annual audits, biennial renewals, compliance-attorney requirements, and the risk of firm-wide suspension for ethics violations. He cites a 2025 Stanford Law School study finding that 85% of Arizona ABS firms target individual consumers and that there was "de minimis evidence of consumer harm."

To address skeptics, Freund recommends entity-level regulation, feedback mechanisms, ownership transparency, and governance safeguards for attorney independence as a template for other states. The argument offers a direct counterpoint to the restrictive measures gaining traction in statehouses across the country.

Op-Ed Urges New York to Close the ‘Champerty Loophole’ Exploited by Litigation-Funding Hedge Funds

By John Freund |

A new opinion piece is pressing New York lawmakers to close what the author calls a "champerty loophole," arguing that gaps in the state's centuries-old prohibition on financing others' lawsuits have allowed hedge funds and litigation funders to profit from the court system. The commentary adds to a broader policy debate over how, and whether, third-party litigation funding should be constrained.

As reported by the New York Daily News, the author contends that most New Yorkers have never heard of the champerty doctrine, yet its weakened application has helped turn the state's courts into what the piece describes as a playground for well-capitalized financial actors. Champerty, historically, refers to an arrangement in which an outside party funds litigation in exchange for a share of the proceeds, a practice long disfavored under New York law but now widely worked around.

The op-ed argues that the current framework permits hedge funds and litigation funders to bankroll claims for financial return while escaping meaningful regulation, raising concerns about the influence of outside capital over litigation strategy and outcomes. The author calls on the legislature to tighten the rules and restore limits the doctrine was originally designed to impose.

The piece lands amid intensifying scrutiny of third-party litigation funding nationwide, from federal disclosure proposals to state-level efforts to regulate consumer funding and non-lawyer ownership of law firms. As New York weighs its approach, the champerty debate underscores the enduring tension between expanding access to the courts and guarding against the commercialization of litigation.

Litigation Funder Rocade Capital Acquires Law Finance Group, Creating $2.3 Billion Platform

By John Freund |

Rocade Capital has acquired litigation funder Law Finance Group LLC, the company announced Wednesday, combining the two firms into a platform with more than $2.3 billion in deployed capital. The deal marks a notable consolidation in a litigation finance market that continues to attract institutional interest as an emerging asset class.

As reported by Bloomberg Law, Arlington, Virginia-based Rocade Capital specializes in credit-style funding for mass tort and contingency-fee law firms. Law Finance Group brings a more diversified portfolio spanning appellate, commercial, and single-case investments. Financial terms of the transaction were not disclosed.

The acquisition broadens Rocade's reach well beyond its traditional mass tort niche. By absorbing Law Finance Group's book of business, Rocade gains exposure to additional practice areas and case types, positioning the combined firm to compete across a wider segment of the funding landscape.

Rocade Chief Executive Officer Brian Roth framed the transaction as a growth opportunity. "This is a great opportunity for us to grow and that's why we're bringing on the whole team and the whole portfolio," Roth said, indicating that Rocade retained Law Finance Group's personnel as well as its existing investments.

The deal reflects a broader pattern of consolidation within litigation finance, which Bloomberg Law characterized as "a niche but growing asset class." As funders scale their balance sheets and diversify across case types, combinations of this kind may become increasingly common, allowing established players to deepen their capital base and expand the range of claims they can support.

Second Circuit Denies Burford Rehearing in YPF Case, Leaving Supreme Court as Last Resort

By John Freund |

The U.S. Court of Appeals for the Second Circuit has declined to reconsider its ruling in favor of Argentina in the long-running YPF expropriation dispute, dealing another blow to Burford Capital's effort to enforce what had been the largest judgment in American legal history. The decision leaves the litigation funder with only a narrow path to the U.S. Supreme Court.

As reported by the Buenos Aires Herald, the appellate panel earlier vacated U.S. District Judge Loretta Preska's first-instance award, which had ordered Argentina to pay roughly $16 billion to former shareholders of the state-owned oil company over its 2012 nationalization of YPF. Applying Argentine law, the panel found the shareholders' claims inadmissible. Burford's petition for rehearing has now been rejected, and the company has approximately 90 days to seek Supreme Court review.

On its Q1 2026 earnings call, Burford characterized the panel's reasoning as "quite weak" and noted that Judge Preska carried an unusually low reversal rate. Chief Executive Officer Christopher Bogart emphasized that the accounting impact was entirely noncash: the firm recorded a substantial write-down of the YPF asset's carrying value while still booking more than $100 million in cumulative cash profit on the investment.

Rather than rest its hopes on a Supreme Court petition, Burford signaled it will press its claims through bilateral investment treaty arbitration. Bogart noted that 86% of more than 50 investor cases brought against Argentina have produced pro-investor outcomes, framing arbitration as the more promising avenue for recovery.

Kansas Enacts Consumer Legal Funding Law, Offering a Bipartisan Regulatory Blueprint

By John Freund |

Kansas has adopted a comprehensive framework for regulating consumer legal funding, with Governor Laura Kelly signing the Transparency in Consumer Legal Funding Act, House Bill 2518, into law. Commentators have positioned the statute, which takes effect July 1, 2026, as a model for other states weighing how to oversee the fast-growing consumer funding sector.

As reported by the National Law Review, the measure passed unanimously in both chambers of the Republican-controlled legislature before earning the Democratic governor's signature, a rare show of bipartisan consensus on an issue that has drawn sharp debate elsewhere. The law defines consumer legal funding as a non-recourse transaction in which a company purchases a contingent interest in the proceeds of a legal claim, and it expressly states that such funding is not a loan and is not subject to lending laws.

The statute builds in extensive consumer protections, including a 10-business-day rescission period without penalty, plain-language contract requirements, full disclosure of all charges and the maximum repayment amount, and mandatory attorney acknowledgment. It also bars referral fees and kickbacks, prohibits misleading advertising, and restricts funding companies from influencing litigation decisions.

On transparency, the law requires disclosure of funding agreements upon request by parties and insurers while shielding attorney-funder communications from discovery. Supporters describe that balance as the statute's central achievement: protecting consumers through disclosure and accountability while preserving access to funding and safeguarding attorney independence, a template lawmakers in other states may look to replicate.

Administrator Probes Pre-Collapse Transfers at UK Litigation Funder Fenchurch Legal

By John Freund |

The administrator of UK litigation funder Fenchurch Legal is investigating a series of transfers that moved a large portion of the company's loan book and subsidiary shares in the days before it entered administration. The probe casts a spotlight on governance and asset-protection practices in the small-ticket litigation funding market.

As reported by the Law Society Gazette, Fenchurch Legal was incorporated in April 2020 and provided small loans to law firms handling high-volume claims, including housing disrepair, tenancy deposit, personal injury, and PCP car finance cases. At the time of its collapse, its loan book stood at roughly £16 million, financing about 9,500 claims.

According to the administrator's report, a substantial part of that loan book was assigned to subsidiary companies immediately before administration, and shares in seven subsidiaries were transferred the day before the appointment. Vincent A. Simmons was appointed administrator on April 1, 2026, following a High Court application by secured lender Lowry Trading over unpaid debt. The court rejected Fenchurch's challenge to that appointment on May 7.

The administrator is now examining the share transfers and loan-book assignments, as well as substantial payments the company made in the days immediately before his appointment. Creditors include Legaleze Ltd, owed £7 million, Mintos Marketplace at £933,000, and unsecured creditors of roughly £910,000, while Lowry Trading claims it is owed more than £4 million. The investigation underscores the heightened scrutiny facing funders whose models depend on high volumes of low-value claims.

The Growing Fight Over Discoverability of Third-Party Litigation Funding Agreements

By John Freund |

As third-party litigation funding becomes a routine feature of complex commercial disputes, courts and litigants are increasingly grappling with a threshold question: when, if ever, must funding agreements be disclosed to the opposing side? The answer remains far from settled, and the stakes for funders, plaintiffs, and defendants alike continue to rise.

As reported by Law.com, litigation has grown expensive enough that parties now routinely turn to outside funders to underwrite the cost of pursuing claims. That shift has prompted defendants to argue that funding arrangements are relevant to issues such as a funder's control over litigation strategy, potential conflicts of interest, witness bias, and the real party in interest, all of which, they contend, justify discovery of the underlying agreements.

Plaintiffs and funders counter that funding agreements are generally irrelevant to the merits of a claim and are often protected by work-product and attorney-client privilege. They warn that broad disclosure would chill access to capital, expose sensitive financial terms, and invite satellite litigation over collateral issues that have little bearing on the dispute itself.

The result is an uneven and evolving body of law, with outcomes varying by jurisdiction, forum, and the specific relief sought. For litigants on both sides, the analysis underscores the importance of structuring funding relationships with discovery risk in mind and of anticipating disclosure disputes before they arise, as the contours of when funding agreements must be produced continue to take shape across the courts.

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