Trending Now

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.

Commercial

View All

Business Rescue Practitioner Behind ‘Please Call Me’ Funding Claim Has Drawn Three Adverse Findings

An investigation into the funding dispute behind South Africa's long-running "Please Call Me" litigation has detailed a series of adverse findings against the insolvency practitioner who has controlled one of the entities claiming a share of the payout.

As reported by ITWeb, Raining Men — the company that in 2015 pursued a 40% share of any winnings from Nkosana Makate's claim against Vodacom — has been in business rescue since January 2019 and remains there. Thomas Samons, appointed its business rescue practitioner on January 21, 2019, has been criticized in three separate forums.

Arbitrator Andrew Mabena, who ruled in 2020 that Raining Men held no claim to a share of Makate's winnings, levied punitive costs and described as "shocking" the reliance Samons and two funders placed on what he found to be a fraudulent transfer of rights from Black Rock to Raining Men, saying they had "perpetuated" a "disregard for ethical and responsible litigation."

Separately, Pretoria High Court Judge Harshila Kooverjie removed Samons as business rescue practitioner of three North West state-owned entities for incompetence, and a December 2025 judgment dismissed his attempt to overturn that decision. The Companies and Intellectual Property Commission suspended his licence in February 2025, though he successfully challenged the suspension and remains licensed.

The funding chain traces to 2011, when Chris Schoeman — a disbarred advocate — signed the first funding deal with Makate. Black Rock was confirmed as the named funding party in 2013. Errol Elsdon, a Raining Men director, is now suing Makate for a share of his undisclosed Vodacom settlement on the basis of funding provided. Samons did not respond to ITWeb's requests for comment.

Legal-Bay Reports Pfizer Settlement Program in Depo-Provera Meningioma Litigation

Consumer legal funding company Legal-Bay has reported that Pfizer Inc. and plaintiffs' leadership have entered into a settlement program intended to resolve a substantial share of the federal lawsuits alleging that the contraceptive injection Depo-Provera caused intracranial meningiomas.

As reported by Legal Bay, a case management order issued August 10, 2026 by the U.S. District Court for the Northern District of Florida recorded that the parties had entered into a settlement memorialized in an agreement dated July 22, 2026. The multidistrict litigation had 6,289 cases pending at the time of the order.

Terms are confidential and no aggregate value has been publicly confirmed. Legal-Bay estimates that roughly 5,000 claims may resolve for more than $1.2 billion, averaging about $250,000 per claimant, with awards for the most severely injured potentially approaching $1 million. Those figures are the funder's own projections rather than court-confirmed numbers. Pfizer has not admitted fault or liability.

Legal-Bay said the registration deadline for the program is November 30, 2026, and that it is offering non-recourse advances to claimants, repayable only if a case succeeds, with funding available within 24 hours for pre-approved brain tumor cases.

"This settlement program is an important development for claimants who have faced medical, emotional and financial uncertainty," said Chris Janish, chief executive of Legal-Bay.

A settlement structure of this scale creates a defined repayment horizon for consumer funders holding advances against Depo-Provera claims, though the confidentiality of tier amounts and eligibility criteria leaves individual case values unresolved until the claims review process begins.

elumeo Subsidiary Signs Litigation Funder for Nine-Figure Damages Claim Against Vodafone

Frankfurt-listed jewelry retailer elumeo SE has disclosed that its wholly owned subsidiary Juwelo Deutschland GmbH has entered into an agreement with a litigation funder and filed a damages claim against companies within the Vodafone Group.

According to an ad-hoc regulatory disclosure published on August 3, 2026, the funding agreement covers the expected costs of a damages claim against Vodafone Group companies which, in Juwelo Deutschland's view, "have charged excessive feed-in fees over the past fourteen years."

The action is brought by four plaintiffs, one of which is Juwelo Deutschland, against two companies within the Vodafone Group. The disclosure puts the damages sought at a low three-digit million euro figure. Feed-in fees are the charges broadcasters pay network operators to carry their channels; Juwelo operates a jewelry shopping channel distributed across Vodafone's German networks.

elumeo did not name the funder, nor did it disclose the economics of the arrangement, including the funder's return or its share of any proceeds. The company also did not identify the court in which the claim was filed.

Disclosures of this kind are mandatory filings under Article 17 of EU Regulation 596/2014, which requires listed issuers to publish inside information as soon as possible. That elumeo treated both the funding agreement and the filing as price-sensitive suggests the potential recovery is material relative to the company's size, and it offers a rare instance of a listed European issuer confirming on the record that a third-party funder is bearing the cost of its litigation.