Legal Funding Journal is dedicated to informing and engaging the global legal funding community through daily news, insight, analysis and original content.

A statewide survey of likely New York voters has found that close to four in five would do away with third-party litigation funding altogether, placing the practice among the least popular items in a broad tort reform poll.

According to the Empire Center for Public Policy, which commissioned the survey from Cygnal and published the results on 2 September, 79.7% said they support ending the arrangement under which outside investors finance lawsuits in return for a share of any recovery.

Litigation funding did not stand alone. The poll found 94.5% supporting prosecution of staged-accident fraud, 83.4% favouring limits on pain-and-suffering awards, 79.7% backing changes to workplace-injury liability rules, 77% supporting reforms aimed at frivolous lawsuits, and 66.6% in favour of amending the Scaffold Law, New York's absolute-liability statute for elevation-related construction injuries.

The clustering matters as much as the individual figures. Funding is being tested here alongside fraud and damages caps rather than as a discrete question about access to capital, and the framing offered to respondents describes investors financing lawsuits for a portion of the proceeds without reference to claimants who could not otherwise bring a case.

New York enacted consumer legal funding protections earlier this year, and the state has no disclosure statute covering commercial funding. Polling of this kind is likely to be cited in Albany as the next session approaches, and funders should expect the 79.7% figure to travel well beyond the survey it came from.

A Dubai court has given a defendant in a $456 million stablecoin dispute until 7 September to swear an affidavit identifying who has been paying his lawyers, in an unusually direct judicial demand for the source of a litigant's legal funding.

As reported by CryptoSlate, the Dubai International Financial Centre Courts made the order in *Techteryx Ltd v Aria Commodities DMCC and others*, the proceedings over $456 million transferred out of the reserves backing the TrueUSD token. Matthew William Brittain, one of the respondents, must disclose by 4pm Gulf Standard Time.

The order is specific about what is wanted. Brittain must give the amounts, dates and bank accounts behind fees paid to Quinn Emanuel, Horizons, Gall, Campbells and FTI Consulting, identify the original sources and ultimate beneficial owners of those funds, explain how the accounts were funded and produce supporting documents. It singles out $1,083,912.49 paid by Aria Bio Industries FZE on 31 October 2025.

Compliance is required "to the best of his ability," and the court indicated that further adjournments would need "the most extreme circumstances" backed by strong evidence. Sanctions are not automatic; Techteryx would have to apply. A committal hearing with a four-day estimate is listed for 26 October.

Most disclosure fights concern claimant-side funding. This one runs the other way, and shows a court treating the defence's funding chain as a matter it is entitled to see.

The founders of mass tort firm Keller Postman and litigation funder Gerchen Capital Partners have launched Atticor Group, a management services organisation that takes economic exposure to personal injury law firms while leaving the practices themselves in attorney hands.

As reported by Bloomberg Law, the venture brings together Ashley Keller and Warren Postman of Keller Postman with Adam Gerchen, chief executive of Gerchen Capital. Atticor describes itself as an AI-enabled platform serving the personal injury and single-event legal market, and provides administrative and back-office services to firms that contract with it.

The structure is the familiar one. Rather than acquiring a law firm, the MSO holds the operations that support it and supplies those services for a fee, allowing outside capital to participate in firm economics without running into the prohibition on non-lawyer ownership that applies in most US states. The stated purpose here is to finance technology upgrades that individual plaintiffs' firms would struggle to fund from cash flow.

More than six firms have signed on, according to the report, and the platform is described as well capitalised with an acquisition pipeline in place. Gerchen Capital closed its sixth fund at $600 million last year.

The launch is notable for who is behind it. Atticor places a mass tort firm's founders and an established commercial funder on the same side of a structure that several states are now moving to restrict, with Illinois and California both legislating this year on investor influence over law firms.

The Singapore International Commercial Court has upheld an arbitral tribunal's refusal to award third-party funding costs, rejecting arguments that denying such recovery offends public policy or amounts to a procedural failing reviewable under the Model Law.

As reported by the Wolters Kluwer Arbitration Blog, the decision in *DTH and another v DTF and others* [2026] SGHC(I) 5 arose from a joint venture dispute arbitrated under the SIAC Rules. The tribunal awarded the applicants approximately US$14.7 million but declined to award roughly US$14.6 million in funding costs, leaving them with minimal net recovery.

The applicants advanced two grounds. The first was that refusing funding costs conflicted with Singapore's public policy of promoting access to justice for impecunious parties. The court disagreed, holding that access to justice framed that narrowly does not rise to the level of public policy, and noting that Singapore's own SICC Rules expressly prohibit the recovery of third-party funding costs. A domestic rule barring recovery makes it difficult to characterise the same outcome in arbitration as contrary to national policy.

The second ground was that the tribunal had failed to comply with the agreed arbitral procedure. The court held that costs determinations fall outside the scope of procedural review under the Model Law, because they are substantive outcomes rather than questions of process. Framing an unfavourable costs result as a procedural defect does not convert it into a reviewable one.

On the underlying analysis, the tribunal had excluded the funding costs because certain fees were calculated as a percentage of the resolution amount rather than by reference to the principal advanced, placing them outside the statutory definitions governing third-party funding.

The ruling underscores that funders and funded parties in Singapore-seated arbitration cannot assume recovery of funding costs, and that how a funding agreement structures its return may determine whether those costs are recoverable at all.

Pogust Goodhead has publicly rejected the decision to replace it as solicitors for claimants in the multi-billion pound group action against BHP, arguing that the client committee that voted to terminate its retainer had no authority to do so and warning that the move puts claimants' costs protection at risk.

As reported by Legal Futures, the dispute follows the appointment of Bailey Glasser International (BGI) to take over conduct of *Município de Mariana and others v BHP Group (UK) Ltd*, the claim brought for more than 420,000 Brazilian claimants arising from the 2015 collapse of the Fundão Dam.

BGI said its "priority is continuity for the claimants," adding that it "does not expect the change of legal representation to have any significant effect on the overall litigation timetable" and acknowledging "the work done by Pogust Goodhead in bringing the case to the High Court in London and securing the landmark ruling on liability."

Pogust Goodhead disagrees. The firm said the "client committee has no authority to terminate Pogust Goodhead's representation on behalf of the wider group of claimants in the proceedings," and that it "remains the solicitor of record and continues to act in claimants' best interests." It described the litigation as continuing "as normal."

The firm's sharpest warning concerns after-the-event insurance, which was secured through Pogust Goodhead on the basis that it acted in the matter. By moving to displace it, the firm said, "the committee risks placing claimants' costs protection in jeopardy and exposing them to significant financial liabilities."

The commercial backdrop is substantial. Pogust Goodhead announced a partnership with Quinn Emanuel in June 2026, alongside $150 million in funding from Gramercy Funds Management arranged through the two firms for the next stage of the litigation. BGI is a joint venture between Edward McCourt & Company — owned by former Pogust Goodhead senior partner Jeremy Evans — and US firm Bailey & Glasser, with Hausfeld & Co supporting in London. Partners Faranak Ghajavand and Callum Walters previously worked at Pogust Goodhead.

Liability was established at the Stage One trial in November 2025 and can no longer be challenged after the Court of Appeal refused BHP permission to appeal in May 2026. Evidence in the Stage Two trial on causation and quantum is listed from April to December 2027, with closing submissions in March 2028.

Carta Law, the AI-native law firm serving private capital, has announced four senior appointments across its Compliance and Contracts practices, deepening its bench as asset managers turn to technology-backed managed services for legal and compliance work on both sides of the Atlantic.

According to a press release from Business Wire, Noah Levine joins as Legal Director, leading the firm's Compliance function for North America. Levine spent three years as Managing Director and Senior Compliance Counsel at Angelo Gordon, previously held compliance roles at Two Sigma and Dune Real Estate Partners, and most recently served as Deputy General Counsel and Compliance Officer at Madison International Realty.

Karin Porstendörfer joins as Compliance Director and Head of Inbound KYC, based in Luxembourg. She was previously Head of AML/CFT at Carne Group, where she built and led fund compliance programmes across European jurisdictions, and brings 18 years of audit, compliance and forensic experience to the firm.

Carta Law also promoted two of its own. Chrystel Marincich becomes Managing Director, Contracts Americas, having joined two and a half years ago from Kirkland & Ellis, where she was a Partner, and Simpson Thacher & Bartlett. Kenneth Howe becomes Managing Director, Contracts Europe and APAC, and will lead the build-out of the Contracts function in Europe after a career in private practice at Simmons & Simmons and Gowling WLG.

The appointments follow Carta Law's launch in May 2026 after Carta's acquisition of Avantia, which paired AI-native legal and compliance workflows with Carta's platform for private capital. The firm now serves more than 200 asset managers, including approximately 30% of the world's largest funds, and operates across the US, UK and Europe.

"Noah and Karin bring first-hand experience of the compliance challenges facing sophisticated asset managers, while Chrystel and Kenny have played a major role in building our Contracts practice," said James Sutton, General Manager of Carta Law.

Bailey Glasser International has taken over conduct of the multi-billion pound group claim against BHP arising from the 2015 collapse of the Fundão Dam in Mariana, Brazil, replacing Pogust Goodhead as solicitors for the claimants.

According to a press release from Bailey Glasser International, the firm was appointed in *Município de Mariana and others v BHP Group (UK) Ltd and another* following a decision of the Client Committee dated 28 August 2026, with Hausfeld & Co LLP supporting the conduct of the litigation in London. The vote to terminate Pogust Goodhead's retainer and appoint BGI was unanimous among the Committee's members.

The release states that the decision followed "confidential matters identified by the Client Committee about Pogust Goodhead's conduct of the case," which were "repeatedly communicated to Pogust Goodhead, including by way of a formal notice."

The claim is one of the largest group actions in English legal history, brought for more than 420,000 Brazilian claimants. Liability was established at the Stage One trial, and after the Court of Appeal refused BHP permission to appeal in May 2026 it can no longer be challenged. The Stage Two trial on causation and quantum is listed from April 2027 to March 2028.

Faranak Ghajavand, Partner and Head of Commercial Disputes at BGI, said the firm's priority is "continuity for the claimants, with the case proceeding without disruption," adding that senior members of the existing counsel team will return to the matter.

The terms of the claimants' representation are unchanged, with fees payable only if the case succeeds. BGI is the first international venture of US firm Bailey & Glasser LLP, and is a trading name of Edward McCourt & Company LLP.

A principal at commercial litigation funder GLS Capital has argued that courts should resolve document discovery disputes using baseball arbitration, the winner-takes-all format used to settle professional baseball salary disputes, as a way of containing a cost that routinely strains case budgets.

As reported by Bloomberg Law, Mick Biehl explains that in baseball arbitration each side submits a proposed figure and the arbitrator selects one of them outright, without splitting the difference. Because the decision-maker picks the more reasonable of the two positions, both parties have an incentive to moderate their submissions rather than anchor at extremes.

Applied to discovery, the mechanism would work the same way. Rather than conventional motion practice, each side would submit its last written position on the disputed request or response, and the court would adopt one party's position in full instead of crafting a middle path.

Biehl, a former litigator, identifies three ways the format would reduce spend. Parties would draft narrower initial requests and avoid boilerplate objections, knowing aggressive positions are unlikely to be selected. Negotiations starting from more reasonable positions would be likelier to resolve without judicial involvement. And the all-or-nothing risk would deter marginal motions to compel.

The savings, on his account, come less from the hearings themselves than from what precedes them: the rounds of meet-and-confer conferences, emails, amended requests and discovery hearings that accumulate before a dispute reaches a judge.

Among the proposals in the UK government's overhaul of the opt-out collective actions regime is a change to when litigation funders actually get paid, a mechanic that has drawn less attention than the certification debate but bears directly on funder economics.

As reported by Legal Futures, the Department for Business and Trade's consultation would introduce a presumption that funders receive their return "at the point of a damages award being ordered or a settlement sum approved, without needing to wait for the outcome of distribution." Payment would follow the waterfall arrangements set out in the litigation funding agreement, with the Competition Appeal Tribunal retaining discretion where that would risk "an unjust outcome."

The consultation, "Swifter and Simpler Competition Redress, Regulatory Appeals, and Competition Enforcement," was published on 21 July 2026. It would also require the CAT to indicate the "reasonableness in relation to the return and order of payment at the point of certification," giving funders an earlier read on whether their commercial terms will survive.

Alongside that, the government proposes lifting the ban on damages-based agreements in opt-out proceedings. It points to Victoria, Australia, where contingency fees were introduced in 2020, as evidence that "funding rates have decreased and claimants have received superior returns."

The counterweight is a tougher certification test, under which the CAT would assess the "absolute suitability" of a claim for collective proceedings and give greater weight to case costs measured against the benefits likely to reach the class.