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Insurance Industry Groups Push for Federal Court Rule Requiring Litigation Funding Disclosure

By John Freund |

A coalition of business and insurance organizations is calling on the federal judiciary to adopt a uniform rule requiring disclosure of third-party litigation funding arrangements in civil cases, arguing that the current patchwork of approaches across federal courts undermines fairness and transparency.

As reported by Insurance Journal, the Lawyers for Civil Justice and the U.S. Chamber of Commerce Institute for Legal Reform submitted a joint letter to the Advisory Committee on Civil Rules urging the creation of a disclosure requirement. The American Property Casualty Insurance Association has also thrown its support behind the effort, with executive vice president and chief legal officer Stef Zielezienski stating that "transparency about who has a financial stake in litigation is essential to fairness, accountability, and the effective administration of justice."

The push comes amid growing evidence that the absence of a federal standard has created inconsistent outcomes. A recent study cited in the letter found that federal district judges granted only 40% of motions seeking some form of TPLF disclosure, leaving litigants and courts without clear guidance.

The financial stakes are significant. Research from EY, presented at APCIA's annual meeting, found that average commercial claim costs have risen 10% to 11% annually since 2017. The analysis projects that third-party litigation funding could cost the insurance industry up to $50 billion in direct and indirect expenses over the next five years.

The groups are recommending that current disclosure rules be expanded beyond insurance contracts to include any entity or individual providing funding or holding a financial interest in the outcome of litigation. The Advisory Committee is expected to consider the proposal at its upcoming April meeting.

Smarter Intake for Litigation Finance Firms

By Eric Schurke |

The following piece was contributed by Eric Schurke, CEO, North America at Moneypenny.

From the very first interaction, litigation finance firms and legal teams should be capturing structured, decision-ready information that enables early case assessment, risk evaluation, and efficient routing. 

This typically includes:

• Who the potential claimant or referrer is and their preferred method of communication
• The context of the matter, including jurisdiction and type of claim
• The stage, urgency, and timeline of the case
• Key parties involved and any relevant documentation
• How the opportunity originated

When captured consistently, this information allows for faster triage, more effective screening, and quicker progression from initial enquiry to investment decision. 

What are the most common mistakes organizations make when handling inbound investment or M&A inquiries?

In litigation finance, the most common mistakes are operational but they have direct commercial and reputational consequences:

1. Slow response times
Prospective clients often contact multiple firms at once. Delays can signal lack of availability or interest.

2. Unstructured information capture
Inquiries can come in over the phone, through email, website forms and LinkedIn, resulting in fragmented or incomplete information.

3. Over-automation or under-humanization
Generic automated responses can feel impersonal, while entirely manual processes create inconsistency and delays.

4. Poor routing and follow-up
Without clear ownership, communications can sit in inboxes or be passed between teams meaning opportunities can stall or be lost internally.

Ultimately, the biggest mistake is treating first contact as administrative rather than strategic, when, in reality, it is the starting point of deal quality.

The most effective approach is a hybrid one - using technology for speed, structure, and consistency and people for judgement and relationship-building.

Technology can:
• Capture and structure case data
• Provide immediate acknowledgement
• Ensure questions are routed quickly and consistently
• Create a clear audit trail

People can:
• Understand nuance and context
• Build rapport and trust
• Ask the right follow-up questions
• Represent the funder’s brand and values

At the start of any case or investment journey, relationships matter. Technology should enhance that experience, not replace it.

What measurable impact can better first contact have on pipeline strength, relationships, and deal outcomes?

Stronger first contact directly improves:

  • Pipeline quality: better intake leads to more qualified, investment-ready opportunities
  • Conversion rates: fast, more professional responses increase engagement and exclusivity, as well as the likelihood of securing instructions
  • Investor confidence: structured early-stage data improves decision-making
  • Operational efficiency: less time chasing incomplete information and faster conflict checks
  • Deal velocity: quicker progression from enquiry to evaluation and funding decision.

Small improvements at the top of the funnel compound across the entire investment lifecycle.

If firms could make just one or two changes today to improve their approach to inquiries, what would you recommend?

1. Create a standardized intake framework
Define the essential data needed for case screening and risk assessment, and ensure it is captured consistently across every channel.

2. Treat first contact as a strategic touchpoint
Ensure every enquiry receives a prompt, professional and human response that reflects the firm’s brand and client-care standards.

In litigation finance, early impressions don’t just shape relationships, they shape deal outcomes. These two changes alone can significantly improve conversion, efficiency and client relationships.

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Eric Schurke is CEO, North America at Moneypenny, the world’s customer conversation experts. He works with legal firms, litigation funders, and professional services to transform how they manage and qualify inbound opportunities. Eric is passionate about helping organisations strengthen deal flow, improve first impressions, and deliver exceptional client experiences from the very first interaction.

Cartiga Closes Inaugural Private Credit Fund, Explores Public Listing via SPAC

By John Freund |

Litigation finance firm Cartiga has closed its inaugural LBS Income Fund and is now exploring a public market listing through a potential combination with Alchemy Investments Acquisition Corp 1, a special purpose acquisition company.

As reported by Stock Titan, Cartiga describes itself as a data-driven, tech-forward asset management platform for investing in legal claims and law firms. The company reports having deployed more than $1.9 billion over its 20-year history, participating in matters generating over $20 billion in estimated settlement values.

The newly closed LBS Income Fund is a private credit vehicle anchored by a major alternative asset manager, designed to give institutional investors exposure to Cartiga's litigation finance platform. The fund complements the firm's two core business lines: direct asset origination across consumer pre-settlement advances and commercial attorney financing, and fee revenue from synthetic equity participations in law firms and cases.

Alchemy Investments is evaluating a potential business combination with Cartiga and has initiated PIPE (private investment in public equity) discussions to support the transaction. No definitive agreement has been reached, and no assurance has been given that a deal will be completed.

If consummated, the transaction would represent another milestone in the maturation of litigation finance as an institutional asset class, following a broader trend of funders seeking public market capital to scale their platforms. Cartiga's combination of consumer and commercial funding, paired with its proprietary data analytics, positions it as a diversified player in an increasingly competitive market.

IPWatchdog Panel: Patent Licensing Ecosystem Is Broken and Litigation Finance Capital Is Reshaping the Market

By John Freund |

The voluntary patent licensing ecosystem is "functionally broken," according to a panel at IPWatchdog LIVE 2026, with litigation finance capital now identified as one of five macro forces reshaping the patent transaction landscape.

As reported by IPWatchdog, panelists described a market in which demonstrating the economic ability to litigate has become a structural requirement for meaningful licensing negotiations. Without credible financial backing, patent owners struggle to extract fair value from their intellectual property.

Approximately 25% of financed patent deals now include insurance arrangements, providing alternative collateral, reducing investor exposure in settlement scenarios, and extending enforcement financing to a broader range of patent owners. The convergence of litigation funding and insurance products is creating new pathways for smaller patent holders to pursue enforcement actions.

However, the panel raised concerns about proposed transparency requirements for IP financing arrangements. One panelist warned that mandatory disclosure of funding relationships could "paint a big target on the unfunded party's back," potentially disadvantaging under-capitalized patent owners competing against well-resourced corporate defendants.

The discussion underscores litigation finance's deepening role in the intellectual property market, where the ability to credibly fund enforcement has become as important as the strength of the underlying patent itself.

California Bill Would Bar Investors from Influencing Litigation Strategy in Funded Cases

By John Freund |

California lawmakers are advancing legislation that would prohibit outside investors from influencing litigation strategy in cases they finance, directly targeting what critics call "opaque investor financing arrangements" in the state's legal market.

As reported by the Sacramento Bee, Assembly Bill 2305, introduced by Assemblymember Kalra, would bar investors from weighing in on key litigation decisions, including which clients a firm takes on and when cases should settle. Any contracts that allow investor influence would be void under the proposed law.

The bill was prompted by concerns over investor involvement in California sex-abuse litigation, where financing arrangements raised questions about whether profit motives were being placed ahead of client interests. Trial attorneys backing the legislation argue it is necessary to protect the integrity of attorney-client relationships.

Supporters of litigation finance counter that outside capital gives attorneys the funding they need to take on deep-pocketed corporations and represent victims who cannot afford to sue on their own. The tension between enabling access to justice and preventing undue investor control has become a central fault line in the broader debate over litigation funding regulation.

The practical challenge remains enforcement. The article notes it is often difficult to determine when an investor is financing a firm's caseload, much less whether they are exerting influence over case strategy. AB 2305 represents one of the most direct legislative attempts to draw a bright line between capital and control in the litigation finance industry.

Legal Bay Highlights Uber’s “Woman Driver Only” Option as Rideshare Sexual Assault Litigation Grows

By John Freund |

Legal Bay LLC, a national provider of pre-settlement funding and lawsuit loans, is highlighting Uber's introduction of a "Woman Driver Only" option as rideshare sexual assault litigation continues to expand across the country.

According to PR Newswire, the policy change comes as more than 3,000 sexual assault lawsuits against Uber move through federal court as part of a multidistrict litigation. A federal jury in Arizona recently awarded $8.5 million to a passenger in what is considered the first major bellwether verdict in the MDL.

Legal analysts estimate that individual settlements in rideshare sexual assault cases may range from approximately $50,000 to over $1 million, depending on severity and evidence. CEO Chris Janish described rideshare litigation as "one of the fastest-growing areas of sexual assault litigation and mass tort law."

Legal Bay provides non-recourse pre-settlement advances to plaintiffs in active lawsuits, meaning repayment is only required if a case results in a successful outcome. The company's announcement underscores the growing intersection of consumer legal funding and mass tort litigation, as plaintiffs navigating lengthy MDL timelines increasingly seek financial support while their cases proceed.

Unclaimed Class Action Settlement Cash Attracts £68 Million in Funding Bids for UK Legal Aid

By John Freund |

Unclaimed proceeds from class action settlements in the United Kingdom have attracted approximately £68 million in funding bids aimed at supporting free legal advice services, according to a new report.

As reported by The Law Society Gazette, the Access to Justice Foundation received 314 applications for grants to support the free legal advice sector, drawing on dormant settlement funds that were never claimed by class action participants.

The initiative represents a creative approach to addressing persistent legal aid funding gaps without requiring new government appropriations. Rather than allowing unclaimed settlement funds to revert to defendants or dissipate, the program channels those proceeds toward expanding access to justice for underserved populations.

The scale of demand — 314 applications totaling £68 million — highlights the depth of the legal aid funding crisis in England and Wales, where successive budget cuts have reduced the availability of free legal services for decades. The model offers a potential template for other jurisdictions exploring alternative mechanisms to fund access to justice initiatives.

The development also underscores the broader economic footprint of class action litigation, where even unclaimed settlement proceeds can generate meaningful capital flows back into the legal system.

JurisTechne Launching Algorithmic Litigation Fund Powered by AI

By John Freund |

Australian legal technology company JurisTechne is launching a litigation fund underpinned by its proprietary artificial intelligence platform, marking a new approach to data-driven case selection and portfolio management in the litigation funding space.

As reported by Lawyers Weekly, the fund will leverage what the company calls "Algorithmic Law" — a framework combining a custom-built small language model with advanced machine learning to assess litigation claims, extract insights from case outcomes, and model financial returns.

JurisTechne, founded by Mona Chiha and backed by UTS Startups and AWS, built its proprietary model with over 40 million parameters designed specifically for legal data. The platform integrates directly with government legal databases without third-party intermediaries and emphasizes explainable AI with what the company describes as a "zero percent hallucination guarantee," with all outputs backed by verifiable legal sources.

The company's vision is to create opportunities for investors to participate in diversified funding agreements that support victims of crime and other claimants, combining ethical investment with data-driven case assessment. The approach represents a departure from the traditional funder model, which relies primarily on experienced legal professionals to evaluate claims.

The launch adds JurisTechne to Australia's growing litigation funding market, which generated an estimated AUD $123.6 million in revenue in the 2025-2026 financial year. The country's funding landscape is dominated by established players including Omni Bridgeway, Litigation Capital Management, and Balance Legal Capital, making the entry of an AI-first competitor a notable development for the sector.

Westfleet Insider 2025: Commercial Litigation Finance Rebounds as Capital Constraints Persist

By John Freund |

The U.S. commercial litigation finance market posted a notable recovery in 2025, with new capital commitments climbing approximately 23% year-over-year to $2.8 billion across 346 new deals, according to the seventh annual Westfleet Insider report.

As reported by Westfleet Advisors, the rebound follows two consecutive years of contraction — commitments had slipped from $2.7 billion in 2023 to $2.3 billion in 2024 — and signals renewed deployment activity after a period of broad market retrenchment.

Despite the headline recovery, the data paints a nuanced picture. The uptick was driven by incremental deployment among a small cohort of established funders rather than any broad-based expansion of available capital. Of the 39 funders identified as active in the U.S. commercial market, a notable subset deployed little to no new capital during the reporting period, and only one new entrant emerged. Several funders are actively winding down operations, pointing to a quiet but ongoing consolidation across the industry.

Deal economics remained largely stable. The average transaction size held steady at approximately $8.1 million overall, though the composition shifted meaningfully: single-matter deals contracted to $4.5 million from $6.6 million the prior year, while portfolio transactions expanded to $19.6 million from $16.5 million. Portfolio structures continued to dominate, representing 64% of new commitments.

One of the more significant structural shifts in 2025 was the decline in Big Law utilization, with the share of total commitments directed to the 200 largest U.S. firms dropping to 24% from 37% in 2024. Client-directed deals edged ahead of firm-directed arrangements for the first time in recent years, representing 52% of commitments.

Other notable findings include patent litigation accounting for 27% of funded matters, contingent risk insurance coverage ticking up to 21% of deals, and claim monetization declining to 17% of new commitments from 26% in 2024.

Gen Re Calls for EU-Wide Third-Party Litigation Funding Regulation

By John Freund |

The reinsurance industry is adding its voice to growing calls for a unified regulatory framework for third-party litigation funding across Europe.

As reported by Gen Re, the European litigation funding market now includes more than 300 funders operating with limited transparency and fragmented oversight across EU member states. The publication highlights a significant regulatory gap, with most countries allowing TPLF under general contract law while lacking specific rules around disclosure, conflicts of interest, or funder control over litigation strategy.

The Netherlands and Germany lead Europe as the most developed markets, while Ireland still prohibits outside litigation funding under common law. France, Spain, and Portugal have introduced or are considering consumer-focused legislation, but no harmonized EU-wide framework exists.

Insurance Europe and the Reinsurance Advisory Board have both called for regulation at the EU level, arguing it is necessary to maintain trust in the justice and financial systems. Their primary concerns include a lack of transparency about funding arrangements, potential conflicts of interest, rising litigation costs, and insufficient investor oversight.

Proponents of the industry counter that professional funders improve access to justice for under-resourced claimants and help filter out weak claims through rigorous due diligence. A cross-sector group of business associations issued a joint statement in January 2026 renewing their call for proportionate, harmonized EU-level rules.

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