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Hedge Funds Move on Distressed Litigation Finance Assets as Sector Slumps

By John Freund |

A protracted downturn in litigation finance is drawing hedge funds and special situations investors to acquire legal-claim portfolios at deeply discounted valuations, in some cases as low as 10 cents on the dollar. The roughly $20 billion industry has been battered by tougher regulation, prolonged court timelines, and investor withdrawals, leaving traditional funders short of capital and creating an opening for opportunistic buyers.

As reported by Bloomberg, firms including Davidson Kempner Capital Management, Attestor, Fortress Investment Group, and Bench Walk Advisors are among those exploring purchases of distressed portfolios. In some transactions, buyers are reportedly assuming claims at no upfront cost, paying sellers only a contingent share if cases ultimately succeed.

The shift follows several high-profile setbacks for the industry. In March, a U.S. appeals court overturned a $16.1 billion judgment in favor of YPF SA investors against Argentina — a case backed by Burford Capital. Burford's share price dropped 47% on the news and is down roughly 42% year-to-date.

Zachary Krug of NorthWall Capital observed that lengthy court cases have become a structural problem and that traditional funders are "running out of cash," generating supply for distressed buyers. Adding to the pressure, the UK justice ministry has signaled intentions to introduce "proportionate regulation" of litigation funding agreements, reinforcing the case for consolidation as long-duration capital meets short-duration liquidity needs.

Music Licensing Inc. Launches Luxembourg SPV to Securitize Copyright Litigation Portfolio

By John Freund |

Music Licensing, Inc. (OTCID: SONG), operating as Pro Music Rights, has announced the formation of a Luxembourg-domiciled special purpose vehicle to securitize and repackage its licensing portfolio and copyright infringement claims into tradeable securities. The structure represents one of the more ambitious recent attempts to bring litigation portfolio securitization to the public capital markets.

According to a press release distributed via Newsfile Corp., the SPV will bundle active licensee agreements generating recurring royalty streams, copyright infringement claims against unlicensed users, ongoing and future litigation claims, and rolling receivables from expanded IP licensing activity. Distribution is planned via Rule 144A private placements to qualified institutional buyers in the United States and Regulation S offerings to international investors.

The company is targeting listings on the Luxembourg Stock Exchange and Euro MTF market, the Vienna Stock Exchange and its MTF segment, and other EU-regulated venues. Pro Music Rights has reported a single doubtful account of approximately $1.092 billion tied to its Q2 2024 financials, alongside 2024 reported revenue of $128.9 million against a net loss of $54.4 million, framing the SPV as a structural fix to the gap between contractual claims and realized cash flow.

A company spokesperson described the initiative as addressing "the structural disconnect between our revenue" and cash position, characterizing it as "permanent, scalable" and "immediately value-accretive," and as potentially "the most consequential strategic decision in the company's history." Longer term, the company intends to pursue Form 10 SEC registration and a potential U.S. national exchange listing.

UK Judges Sharpen Scrutiny of Class Action Funder Returns

By John Freund |

UK judges are paying closer attention to the commercial benefits flowing to lawyers and funders in class action proceedings, signaling a tougher review of who actually gains from collective litigation. The shift follows growing concern that funder returns and legal fees can dwarf the per-person compensation delivered to class members.

As reported by The Times, the recalibration is being driven in part by a recent Competition Appeal Tribunal ruling that rejected a proposed collective action over alleged Atlantic salmon price-fixing. The case, brought by proposed class representative Anne Heal and backed by Erso Capital, sought to represent up to 44 million UK consumers. Litigation costs were budgeted at £16 million plus VAT, with after-the-event insurance of £5.3 million, against estimated per-person damages of £1.61 to £8.77.

The CAT held that "class actions offer enormous and irresistible commercial benefit to the lawyers and funders, whereas the commercial benefit to individual members of the class is relatively small," warning that the design "distorts incentives." The tribunal invited the claimant to reapply with reduced costs and an improved distribution mechanism.

The decision arrives amid a broader UK reset on third-party funding, including legislative work to reverse the Supreme Court's 2023 PACCAR ruling and Court of Appeal recognition in Gutmann v. Apple that the CAT may order funder returns to be paid in priority to class members. Together, the rulings suggest UK courts are seeking to preserve access to justice while constraining outsized funder economics.

Third-Party Funding Reshapes Post-M&A Arbitration in Spain

By John Freund |

Third-party funding is increasingly shaping the strategic landscape of post-M&A arbitration, according to discussions at the OPEN de Arbitraje 2026 conference held in Madrid. Practitioners and arbitrators examined how external capital is altering the calculus for claimants pursuing disputes that arise from share purchase agreements, earn-out clauses, and post-closing indemnity claims.

As reported by Iberian Lawyer, panelists framed third-party funding as a viable alternative for parties navigating the often-protracted and capital-intensive nature of M&A arbitrations. The discussion emphasized that funding agreements are no longer reserved for distressed claimants but are increasingly deployed by well-capitalized parties seeking to manage risk, free up balance sheet capacity, or align outside investors with the success of a claim.

Spain has emerged as one of Europe's more receptive jurisdictions for funded arbitration, with both the Spanish Court of Arbitration and the Madrid International Arbitration Center requiring disclosure of third-party funding arrangements. That regulatory clarity has helped institutional funders deepen their involvement in the Iberian market while giving counterparties greater visibility into the financing of claims.

The panel highlighted that post-M&A arbitration presents particular structural features that make funding attractive: claims tend to be discrete, liability-driven, and supported by extensive transactional documentation, all of which improve underwriting predictability. As funders refine their models for valuing M&A disputes, the conference signaled that capital is poised to play a more visible role in shaping which claims are pursued and how they are resolved.

Funded Class Action Delivers NZ$125 Million Win Against ANZ in New Zealand High Court

By John Freund |

Litigation funding played a decisive role in a landmark New Zealand High Court ruling that has left ANZ Bank New Zealand facing potential liability of up to NZ$125 million. The class action, brought on behalf of approximately 17,000 borrowers, would not have been viable without backing from funders LPF Group and CASL, which financed the proceedings against the country's largest bank.

As reported by LawFuel, Justice Geoffrey Venning delivered summary judgment against ANZ on May 4, 2026, finding the bank in breach of disclosure obligations under the Credit Contracts and Consumer Finance Act 2003 (CCCFA). The case turned on a coding error in ANZ's loan systems that affected variation letters issued between June 2015 and May 2016. Although the bank argued the underpayments averaged just NZ$2 per customer per month, the court held that "technical errors in disclosure, no matter how small the financial impact, trigger automatic statutory penalties."

ANZ was ordered to refund the lead plaintiffs NZ$32,728.42, establishing a benchmark that, when extrapolated across the class, produces the NZ$125 million exposure figure. The judgment rejected ANZ's "no harm" defense, confirming that Section 22 of the CCCFA imposes strict liability regardless of actual financial harm.

ANZ chief executive Antonia Watson described the consequences as "disproportionate." The bank reported after-tax New Zealand profit of roughly NZ$1.4 billion last year. The decision underscores how funded class actions are reshaping consumer redress in jurisdictions where individual claims would be uneconomic to pursue.

EU Court of Justice to Weigh Litigation Funding’s Impact on Antitrust Enforcement

By John Freund |

The Court of Justice of the European Union is set to examine whether certain forms of litigation financing risk undermining the effectiveness of the bloc's antitrust laws, in a referral that could reshape the funding landscape for cross-border consumer class actions. The case originates from Portugal and centers on the funding arrangements supporting Ius Omnibus, a non-profit consumer protection association that has emerged as a prominent claimant in European competition litigation.

As reported by MLex, the CJEU will determine whether class actions backed by particular funding structures pose a risk to the public-interest objectives of EU antitrust enforcement. The referral asks the court to assess whether economic incentives embedded in third-party funding can coexist with the bloc's competition rules or whether they create conflicts that compromise enforcement quality.

The decision is expected to carry significant implications for consumer associations and class representatives across Europe, many of which rely on outside capital to pursue mass claims against companies accused of anticompetitive conduct. A ruling that restricts certain funding models could narrow the financial pathways available to non-profit claimants, while a ruling that affirms flexible structures would reinforce that alternative finance is compatible with robust enforcement.

The case arrives as European policymakers continue to debate the boundaries of permissible litigation funding under the Representative Actions Directive and as national courts in Germany, the Netherlands, and Portugal develop divergent approaches to funder disclosure and control. The CJEU's eventual judgment is poised to set a binding precedent across all 27 member states.

The Times Warns UK Ministers Against Curbing Collective Lawsuits Targeting Big Tech

By John Freund |

A new opinion piece in The Times is urging UK ministers not to weaken the country's collective actions regime, arguing that funded class litigation has become one of the few effective checks on consumer harms inflicted by major technology platforms. The intervention comes as the Department for Business and Trade reviews the opt-out class action framework introduced under the Consumer Rights Act 2015.

As reported by The Times, the article catalogues a range of consumer harms attributed to large technology companies, from the design of addictive products to insufficient action against online predators. The author contends that, absent meaningful regulatory enforcement, collective redress backed by litigation funding is the most realistic route to accountability for individuals affected by the conduct of dominant digital platforms.

The piece arrives during a critical moment for UK collective redress. More than 20 opt-out actions have been certified under the Competition Appeal Tribunal's regime, with the cumulative value of certified and pending claims surpassing £160 billion. Funders, including Innsworth Capital and CASL, have continued committing capital to high-profile cases, including a £1 billion claim against Rightmove and the £1.7 billion Microsoft action recently approved by the CAT.

The author warns that any move to restrict opt-out actions or weaken funding arrangements would effectively close off mass claims as a tool for consumer accountability. With the Civil Justice Council's June 2025 report having recommended only modest changes to funding rules, advocates argue ministers should resist sweeping reforms that would tilt the balance back toward defendants.

The Times: Opt-Out Class Actions Vital to UK Access to Justice

By John Freund |

A second opinion piece in The Times has framed the UK's opt-out class action regime as an indispensable tool for access to justice, arguing that decades of cuts to civil legal aid have left litigation funding for collective redress as the only viable mechanism for many claimants to vindicate their rights. The article enters a live policy debate as the government reviews both the opt-out framework and the broader rules governing third-party funding.

As reported by The Times, the piece argues that civil legal aid has been "cut to the bone" over the past three decades, leaving consumers and small businesses without practical means to pursue redress when harmed by powerful corporate actors. In that environment, funded opt-out claims serve as a critical bridge between widespread consumer harm and meaningful remedy.

The article responds to ongoing scrutiny of the regime by the Department for Business and Trade, which issued a call for evidence in August 2025 covering 31 questions on access, funding, certification, and damages distribution. The Law Commission has separately launched a project, announced on April 20, 2026, to consider extending the collective actions regime beyond competition law into broader consumer protection.

The author contends that any rollback of opt-out claims or restriction on litigation funding would disproportionately benefit defendants while leaving claimants without recourse. With more than 20 collective actions already certified and total claim values exceeding £160 billion, supporters argue the regime is delivering on its access-to-justice mandate and should be preserved rather than narrowed.

Court of Appeal Shuts Down BHP’s Attempt to Overturn Mariana Liability Judgment

By John Freund |

The Court of Appeal of England and Wales today refused BHP’s application for permission to appeal the High Court’s landmark liability judgment in the Mariana disaster litigation.

The High Court found BHP responsible for the 2015 collapse of the Fundão tailings dam in Mariana, Minas Gerais, Brazil, concluding that BHP is liable for the disaster under both the Brazilian Civil and Environmental law.

The Court of Appeal heard BHP’s application for permission to appeal the decision on 12 March after BHP was refused permission to appeal by the High Court in January.  BHP asked the court for permission to contest the findings that it was a polluter, and that it had knowledge of the risks associated with the dam before the collapse. The mining company also challenged the finding that all claimants brought their claims in time.

The Court of Appeal’s refusal marks a further victory for the hundreds of thousands of Brazilian victims who have spent over ten years pursuing justice, and a major setback for BHP. The High Court’s liability judgment remains in force, and BHP has exhausted the ordinary routes by which it could seek to overturn it.

In today’s ruling, the court concluded that BHP’s proposed grounds of appeal have no real prospect of success and there is no other compelling reason for the appeal to be heard.  The decision means that the parties will proceed to the trial of Stage 2 of the proceedings, which will determine issues of causation, loss and damages. The trial evidence is to be heard from April 2027 to December 2027, with closing submissions listed for March 2028.

Lord Justice Fraser wrote in the decision: “I do not accept that any of the grounds relating to BHP’s liability for the dam collapse are reasonably arguable. I do not consider that there is any foundation for the different complaints that the trial judge failed to engage with BHP’s case."

Jonathan Wheeler, lead partner for the Mariana litigation at Pogust Goodhead, said: “The Court of Appeal has now joined the High Court in finding that BHP’s grounds of appeal have no real prospect of success - an emphatic and unambiguous outcome. BHP remains liable for the worst environmental disaster in Brazil’s history, and it will not be given another bite at the cherry.”

“Our clients have waited more than a decade for justice while BHP pursued every procedural avenue to avoid accountability; those avenues are now closed. We are focused on securing the compensation that hundreds of thousands of Brazilians have been owed for far too long.”

Corbin Capital Closes $342 Million Litigation Finance Fund I

By John Freund |

Corbin Capital Partners has held the final close of Corbin Litigation Finance Fund I at $342 million in fund and co-investment commitments, marking the alternative asset manager's first vehicle dedicated exclusively to litigation finance. The close caps a roughly two-year fundraise and consolidates a strategy that the $10 billion firm has run inside broader credit mandates since 2018.

As reported by Bloomberg Law, the fund has already deployed across 26 investments, with approximately 30% of capital allocated to mass tort matters and the balance spread across antitrust, commercial disputes, and intellectual property cases. Corbin runs a credit-style strategy that finances both case portfolios and law firms directly, including prior exposure to Boy Scouts of America abuse claims and ongoing financing of sexual abuse cases against government, religious, and educational institutions.

The fund drew commitments from institutional investors, family offices, and high-net-worth individuals seeking returns uncorrelated with public equities. Cesar Bello, Corbin's director of litigation finance, told Bloomberg that the strategy depends on diversification across legal risks rather than concentrated case bets. Litigation finance assets under management have climbed to roughly $16.1 billion as of mid-2024, up from under $10 billion five years earlier, according to industry data cited in the report.

Corbin's leadership has signaled that litigation finance will remain a complementary allocation rather than a flagship strategy, but the dedicated vehicle gives the firm a more visible platform in an asset class increasingly courted by allocators searching for non-correlated yield.

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