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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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Omni Bridgeway Marks 40th Anniversary With Band 1 Chambers 2026 Rankings

Omni Bridgeway has secured top-tier recognition in the Chambers and Partners Litigation Support Guide 2026, earning Band 1 rankings in both Litigation Funding and Global Asset Tracing and Recovery. The recognition arrives as the ASX-listed funder marks its 40th anniversary, underscoring its standing as one of the largest and longest-established players in global legal finance.

According to Omni Bridgeway, the firm was ranked Band 1 across International Arbitration, US Intellectual Property, Europe, Singapore, the Middle East, and Canada, and Band 2 in the United Kingdom, United States, and Latin America. With operations spanning 24 international locations, the funder positions itself as a global leader in legal finance and risk management.

Central to Omni Bridgeway's pitch is an end-to-end capability that runs from case inception through post-judgment enforcement and recovery — a breadth reflected in its separate Band 1 ranking for global asset tracing and recovery, an area demanding cross-border coordination and strategic execution. The firm emphasizes disciplined capital deployment and a focus on realized outcomes across jurisdictions.

The Chambers rankings, based on months of independent research and confidential client interviews, are among the legal industry's most closely watched benchmarks. One client, quoted in connection with the recognition, likened litigation funding to investing: "sometimes money is just money, but other times, you have a partner that cares about their investment and wants it to grow." For Omni Bridgeway, four decades in, the results reaffirm a market-leading position as the funding sector continues to professionalize and expand.

UK’s FCA Motor Finance Redress Scheme Partly Suspended Amid Legal Challenges

The UK Financial Conduct Authority's roughly £9.1 billion motor finance redress scheme has been partly suspended after the Upper Tribunal agreed to pause key elements pending the outcome of four legal challenges. Under the suspension, lenders are no longer required to calculate compensation, make payments, or contact eligible consumers, though they must continue to comply with the rules that remain in force.

As reported by Reuters, the challenges come from three car finance lenders — CA Auto Finance, Mercedes-Benz Financial Services, and Volkswagen Financial Services — alongside the consumer group Consumer Voice, which is pressing for larger payouts. All four argue that the rules underpinning the mass redress scheme are unlawful in whole or in part and are asking the court to quash or invalidate them.

The scheme is intended to compensate motor finance customers treated unfairly between 2007 and 2024, a period in which the FCA says undisclosed commission arrangements between lenders and dealers incentivized brokers to inflate interest rates. Hearings before the Upper Tribunal are expected around mid-November 2026 and could extend into 2027, with actual redress potentially delayed to 2027 or beyond.

The suspension adds fresh uncertainty to a landscape in which funded commission litigation is already advancing through the courts — including the recent Court of Appeal ruling permitting omnibus claim forms — and sharpens the question of whether affected consumers will ultimately recover through the regulator's scheme or through the courts.

AdvoCap Launches Nationwide Case Expense Insurance for Contingent-Fee Firms

AdvoCap Insurance Agency, a subsidiary of case-cost financier Advocate Capital, has launched a Case Expense Insurance Program aimed at plaintiff and contingent-fee law firms across the United States. The product is designed to protect the substantial sums firms advance to move litigation forward, adding a risk-management layer to a corner of the market where firms have traditionally shouldered those costs alone.

According to PR Newswire, the program covers eligible case expenses in qualifying matters, including expert witness fees, medical record retrieval, deposition costs, and accident reconstruction. By insuring against unrecovered litigation expenses, the offering aims to strengthen firm balance sheets, improve cash-flow predictability, and give attorneys greater confidence to invest in meritorious cases.

"Plaintiff firms routinely make significant financial commitments before seeing any return," said Donna Jones, President of Advocate Capital and AdvoCap Insurance. "This program provides an additional layer of protection that can help firms grow strategically, manage uncertainty, and continue investing in the cases that matter most to their clients."

The launch reflects the continued convergence of litigation finance and insurance, as providers build products around the capital that contingent-fee practices tie up in active cases. For firms weighing how aggressively to fund their dockets, tools that de-risk advanced case costs increasingly sit alongside traditional case-expense financing as part of the plaintiff bar's capital toolkit.