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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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Private Equity and Litigation Funders Build Out MSO Pipeline into U.S. Personal Injury Law Firms

By John Freund |

Private equity firms — and a growing number of established litigation funders — are accelerating their push into U.S. personal injury law firms through management services organizations, a structure that lets outside capital share in firm economics without running afoul of state rules against non-lawyer ownership of legal practices.

As reported by Bloomberg Law, Apollo Global Management, Fortress Investment Group, and Stifel Financial Corp. are all actively eyeing the space, with Fortress reportedly behind a $125 million investment into Rafi Law Group. Louisiana's Dudley DeBosier has launched a PE-sponsored MSO that has already acquired a second firm, and Holland & Knight is advising the Amaro Law Firm on an MSO-routed capital infusion expected to close by year-end.

Litigation finance players are squarely in the mix. Mass tort funder Certum Group has acquired an MSO partnered with Dallas trial firm Sbaiti & Co., and Burford Capital has expressed interest in U.S. law firm investments through similar vehicles. Advisory firm Samson Partners Group closed 10 MSO deals in 2025 and is working on roughly 20 in 2026, the bulk of them in personal injury, while Tierra Capital Partners is fundraising a $100–125 million co-investment fund dedicated to the structure.

The MSO route — typically handling IT, marketing, intake, and back-office functions — gives funders and PE sponsors economic exposure to plaintiff-side caseflow that has historically only been accessible through case-by-case advances or portfolio facilities.

Loopa Finance Backs Nearly 300 Chilean Families in $18 Million Villa Panamericana Construction Defects Suit

By John Freund |

Latin America–focused litigation funder Loopa Finance has announced that it will fund a civil action filed by nearly 300 apartment owners at the Villa Panamericana housing complex in Cerrillos, Santiago, against the developers and contractors behind the project. The claim, brought before Santiago's 10th Civil Court, exceeds $18 million in aggregate damages.

According to a Loopa Finance announcement, the suit is led by Nicolás Vassallo, partner at Chilean firm Abogabir Miranda, and targets Inmobiliaria Parque Cerrillos SpA, Empresa Constructora DLP S.A., Ameris Capital S.A., and related investment entities. Plaintiffs are seeking roughly $11 million in direct damages and temporary housing costs, nearly $7 million in moral damages, and additional compensation equal to 10% of each unit's purchase price to capture lost property value.

Villa Panamericana's Lot B comprises 17 buildings and 1,355 apartments originally built to house athletes at the 2023 Pan American and Parapan American Games, before being allocated to lower-income families through government housing subsidies and the Teletón program. Residents have reported water leaks, structural cracks, and serious electrical, plumbing, gas, and elevator failures, with preliminary expert reports citing violations of Chile's General Urban Planning and Construction Law.

"Access to justice should not depend on the affected families' financial resources," said Federico Muradas, Loopa's head of legal. Loopa's funding will cover legal and technical costs of the proceedings on a non-recourse basis, in what stands as one of the larger consumer-tied construction defect actions yet financed in Latin America.

Merricks Urges UK Court to Reject Innsworth’s Challenge Over £200M Mastercard Settlement Distribution

By John Freund |

The class representative in the Merricks v Mastercard collective claim has urged a London court to reject litigation funder Innsworth Advisors' judicial review of the £200 million settlement distribution, in what observers describe as the first substantive test of a Competition Appeal Tribunal settlement decision.

As reported by Law360, Walter Merricks's legal team told the High Court on Wednesday that Innsworth has already received an adequate return from the CAT-approved settlement and that its challenge should be dismissed. Innsworth argued earlier in the week that the distribution scheme is "illogical" and "flawed," contending that the tribunal failed to properly assess the funder's recovery.

The CAT had divided the settlement into three pots. Pot 1, totalling £100 million, is ring-fenced for class members. Pot 2, approximately £45 million, covers Innsworth's litigation costs. Pot 3, approximately £55 million, allocates roughly £23 million to Innsworth as the profit element of its return, bringing its total recovery to around £68 million. Innsworth contends that this amounts to only a 0.5x return on more than £45 million invested, and disputes the methodology used to set the figure.

The case has drawn close attention from the UK funding sector. A judicial review of a CAT-sanctioned distribution could establish important parameters around how courts assess funder returns in collective proceedings, particularly at a moment when the tribunal has signaled heightened scrutiny of certification and take-up in entrepreneurial class actions.