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Key Takeaways from LFJs Special Event: How Investors Approach Litigation Finance

Key Takeaways from LFJs Special Event: How Investors Approach Litigation Finance

On Thursday, July 14th, Litigation Finance Journal hosted a digital event, “How Investors Approach Litigation Finance.” The event featured a unique cross-section of investor types, including David Gallagher, Co-Head of Litigation Investing at The D.E. Shaw Group, CJ Wei, Vice President of Private Credit at Northleaf Capital, Benjamin Blum, Managing Director at Flexpoint Ford, LLC, David Demeter, Director of Investment at Davidson College, and Kendra Corbett, Partner at Cloverlay. The event was moderated by Ed Truant, Founder of Slingshot Capital. Below are some key highlights from the discussion: ET: How did you start investing in Litigation Finance? What types of results did you focus on, and how has your strategy changed over time? DG: It takes time to obtain a meaningful number of results from litigation finance investments, and you can learn a lot along the way, even before the results come in. And because you invest in such a small proportion of the opportunities you look at, you try to learn from the investments you don’t make, as well as the investments you do make. And one of the lessons I’ve learned as it relates to deployment strategy, is that good deals are so hard to come by, and are a product of so many variables outside of your control, that it’s better to be responsive to the opportunity set in front of you, than to be wedded to the abstract ideas of portfolio construction or deal structuring. I think adaptiveness is key. KC: We’ve been active in deploying capital in litigation finance for over six years now, and I wouldn’t say our approach has changed dramatically. We’ve been laser-focused on maintaining diversification across cases to avoid binary risks, and finding alignment across all of the involved parties. I think we’ve looked for market specialists, and we haven’t necessarily tried to find litigation finance beta, and instead we’ve looked for partners with a demonstrable value-add and strategic advantage. ET:  For those panelists more interested in credit opportunities in the legal finance space, why did you decide to focus on credit? DG: At the D.E. Shaw Group, the litigation investing team works closely with the Private Credit group, which I like to think broadens the types of deals we do. So, in addition to investing in litigation finance deals with a more typical risk/reward profile, we also invest in less volatile opportunities that are less about litigation risk, and more about timing risk and basic credit risk. BB: There are a few ways to create a credit-like opportunity in litigation finance. In addition, the way David was describing, the other way is to create a credit-like product by lending against a diverse portfolio of individual case fundings. So the asset is a little bit less credit-like, but the investment structure creates a credit-like investment. Both areas are of interest to us, especially when there is strong alignment with the borrower and downside protection through underwriting, to justify accepting a return profile that is either capped or has limited upside. CW: At Northleaf, we have many different funds with many different return hurdles, so we view ourselves as a capital solutions provider to litigation finance businesses. That being said, our thesis around the asset class is akin to a type of Private Credit approach strategy. Principal protection is our priority. We not only have asset coverage of the legal assets, but additional covenants and protections, and bespoke structures where we have guardrails against any downside scenario. ET: From an equity perspective, how is litigation finance the same as, or different from, other equity assets in which you invest? DD: If you suspend disbelief a bit, I would equate it with early venture investing. Liquidity cycles tend to be uncorrelated in the long run, you’re generally creating milestones for capital, outcomes can be pretty skewed, where large winners make up the majority of profit (although it’s certainly more skewed in venture than in litigation finance), and the investment strategy isn’t all that scalable—managers have to be cognizant of all that they’re trying to deploy. DG: I’ll focus on some of the differences. First, a litigation finance investor has no control over the litigation, while an equity investor or investors that own the majority of the company—they do control the company. So the closest analogy is to a class of shares that has no voting rights. Second, LitFin investments are typically illiquid. Equity investments are typically liquid. Another difference is that case outcomes are typically more binary than business outcomes.  And one last difference is that a company you might invest in can pivot and respond as needed to market opportunities, a case you invest in—it pretty much is what it is, and there’s only so much that even the most talented lawyers can do, with the facts and the law involved. ET: One of the common criticisms I hear from fund managers, at least early on in the life cycle, is that investors are not willing to pay management fees to fund their operations. How does the panel respond to this criticism, given that the average litigation finance claim is small—around $3-5MM—and there is a lot of relatively sophisticated operations needed to be conducted by investment managers?   DD: I think there are ways of paying someone a full fee and making sure deployment is there. And that is my primary concern, and I think most LPs primary concern, when it comes to paying a management fee. We’re also concerned about misalignment. At the fund level, people should really be making a large amount of their compensation from performance fees, not salary. KC: It’s definitely a difficult issue. The fee drag that comes with charging investors on committed capital becomes pretty untenable when you’re comparing gross returns to net returns. So from our perspective, at a minimum, fees need to be on an as-committed basis. We’ve also seen scenarios where there is a lower management fee on committed capital that steps up once it’s drawn. It’s just really difficult with some of the commercial litigation strategies to have a full freight fee—2%–committed from investors.
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Personal Injury Firms Want Private Equity Investment

By John Freund |

US personal injury law firms are leading a push to open the doors to private equity investment in the legal sector, even in the face of long-standing regulatory opposition to outside ownership of law practices.

According to the Financial Times, a growing number of US firms that built their practices around high-volume, billboard-driven mass tort and injury representation are quietly exploring capital injections from private equity firms. The motivation is fast growth, increased leverage, and the ability to scale operations rapidly, something traditional partner-owned firms have found difficult in a consolidating market.

The move represents a departure from the conventional owner-operator model historically favored by the legal profession, where practicing attorneys hold equity in their firms. Private capital could provide aggressive funding for marketing, case acquisition, litigation infrastructure, and operational expansion, enabling firms to ramp up nationwide acquisition of cases. Critics, however, warn that outside investors prioritizing returns could create pressure to maximize volume over client outcomes.

Private equity’s entrance into legal services is not entirely new, but the aggressive push by personal injury firms may mark a tipping point. If regulators and bar associations ease restrictions on non-lawyer ownership or passive investment, this could fundamentally reshape how US law firms are structured and financed.

For the legal funding industry, this trend signals a potential increase in demand for third-party litigation financing and capital partners. As firms leverage outside investments for growth and case volume, funding providers may find new opportunities or face increased competition.

AmTrust Sues Sompo Over £59M in Legal Funding Losses

By John Freund |

A high-stakes dispute between insurers AmTrust and Sompo is unfolding in UK court, centered on a failed litigation funding scheme that left AmTrust facing an estimated £59 million in losses. At the heart of the case is whether Sompo, as the professional indemnity insurer of two defunct law firms, Pure Legal and HSS, is liable for the damages stemming from their alleged misconduct in the operation of the scheme.

An article in Law360 reports that AmTrust had insured the litigation funding program and is now pursuing Sompo for reimbursement, arguing that the liabilities incurred by Pure and HSS are covered under Sompo’s policies. The two law firms entered administration, leaving AmTrust to shoulder the financial burden. AmTrust contends that the firms breached their professional duties, triggering coverage under the indemnity policies.

Sompo, however, disputes both the factual and legal underpinnings of the claim. The insurer denies that any breach occurred and further argues that even if the law firms had acted improperly, their conduct would not be covered under the terms of the policies issued.

This case follows AmTrust’s recent resolution of a parallel legal battle with Novitas, another financial party entangled in the scheme. That settlement narrows the current dispute to AmTrust’s claim against Sompo.

Woolworths Faces Shareholder Class Action Over Underpayments

By John Freund |

Woolworths Group is facing a new shareholder class action that alleges the company misled investors about the scale and financial impact of underpaying salaried employees. The action, backed by Litigation Lending Services, adds a fresh legal front to the long-running fallout from Woolworths’ wage compliance failures.

According to AFR, at the heart of the claim is the allegation that Woolworths did not adequately inform the market about the risks posed by its reliance on annualised salary structures and set-off clauses. These payment methods averaged compensation over longer periods instead of ensuring employees received correct pay entitlements for each pay period. This included overtime, penalty rates, and other award entitlements.

Recent decisions by the Federal Court of Australia have clarified that such set-off practices are non-compliant under modern awards. Employers must now ensure all entitlements are met for each pay period and maintain detailed records of employee hours. These rulings significantly raise the compliance bar and have increased financial exposure for large employers like Woolworths, which has tens of thousands of salaried employees.

As a result, Woolworths could face hundreds of millions of dollars in remediation costs. The shareholder class action argues that Woolworths failed to disclose the magnitude of these potential liabilities in a timely or accurate way. Investors claim that this omission amounts to misleading conduct, and that they were not fully informed of the risks when making investment decisions.