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CIO Roundtable: Art of the Deal from Terms to Returns

CIO Roundtable: Art of the Deal from Terms to Returns

A panel consisting of Sarah Johnson, Senior VP and Co-Head of Litigation Finance at D.E. Shaw, Aaron Katz, Co-Founder and CIO of Parabellum Capital, David Kerstein, Managing Director and Senior Investment Officer at Validity Finance, and Joe Siprut, CEO and CIO of Kerberos Capital Management, discussed the various investment aspects of litigation funding as an asset class. The panel was moderated by Steven Molo, Founding Partner of MoloLamken. The conversation began with new trends in the industry. Price compression came up early. Joe Siprut of Kerberos Capital Management noted he has witnessed price comparison over the past couple of years, including having seen multiple term sheets that were mis-priced. Litigation finance has always been about attractive risk-adjusted opportunities, yet if the risk remains the same and price compression remains, that reduces the attraction of the asset class. Moderator Steven Molo was surprised there hasn’t been more fallout in this regard. Aaron Katz of Parabellum pointed out how things are opening up after COVID, and that helps a lot, given that a pipeline of cases awaiting trial quickly burns through ROI. Katz countered the price compression argument, stating that he hasn’t witnessed real price compression and hasn’t found his firm to be competing on raw price. Of course this depends on which segment of the market you are looking at. The conversation then steered toward ESG, and David Kerstein of Validity noted how there are green shoots of funders getting involved in impact litigation. Yet for most commercial funders, ESG would maintain the same type of analysis as any other case–that said, funders like to have a ‘good story’ for the case, and ESG can bring that to the table. Aaron Katz mentioned Parabellum is very cautious about ESG in particular. “We think people need to be careful about labelling things incorrectly,” said Katz. There are real impact players out there, and litigation funders should be careful about loosely claiming the mantle. The next question was pretty blunt: Is there a secondary market right now? Aaron Katz thinks not “I pray for it daily.” There is a network of well-resourced institutional players who like to look at claims, but the transactions are laborious (DD challenges, information asymmetry). The secondary participant is not going to be in a direct conversation with the counter-party, and that could cause complications. One final point: Joe Siprut noted that the evolution of a secondary market is one of the main things that can really unlock a lot of investment for the industry. One of the main barriers to investment is the long lockup period investors are staring at, and if a secondary market were to materialize, that would make fundraising a much easier sell.

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CSAA Sees 2026 Shift in Litigation Finance Fight

By John Freund |

A senior legal executive at CSAA Insurance Group has signaled what she describes as a potential turning point in the long-running conflict between insurers and the litigation finance industry. Speaking amid heightened political and regulatory scrutiny of third-party funding, the comments reflect growing confidence among insurers that momentum is shifting in their favor after years of unsuccessful pushback.

An article in Insurance Business reports that CSAA’s chief legal officer argued that 2026 could mark a decisive phase in efforts to rein in litigation finance, citing increasing legislative interest and judicial awareness of the role funding plays in driving claim frequency and severity. According to the article, CSAA views litigation funding as a key contributor to social inflation, a term insurers use to describe the rising costs of claims driven by larger jury verdicts, expanded liability theories, and aggressive litigation tactics.

The executive pointed to a wave of proposed disclosure rules and transparency initiatives at both the state and federal levels as evidence that lawmakers are taking insurer concerns more seriously. These proposals generally seek to require plaintiffs to disclose whether a third-party funder has a financial interest in a case, a reform insurers argue is necessary to assess conflicts, settlement dynamics, and the true economics of litigation. While many of these measures remain contested, CSAA appears encouraged by what it sees as a shift in tone compared to previous years.

The article also highlights the broader industry context in which these comments were made. Insurers have increasingly framed litigation finance as a systemic risk rather than a niche practice, linking it to higher premiums, reduced coverage availability, and increased volatility in underwriting results. Litigation funders, for their part, continue to argue that funding expands access to justice and that disclosure mandates risk revealing sensitive strategy and privileged information.

Axiom Shuts Arizona Law Firm After Three-Year Experiment

By John Freund |

Axiom, the global legal talent and services provider, has decided to close its Arizona-based law firm, Axiom Advice & Counsel, marking the end of a high-profile experiment under the state’s alternative business structure regime. The move comes roughly three years after the firm launched, and reflects a broader strategic refocus rather than a regulatory intervention or disciplinary issue.

An article in Reuters reports that Axiom voluntarily chose to wind down the law firm as part of a reassessment of where it sees the greatest opportunity for growth. The firm plans to surrender its license, with the process subject to review by the Arizona Supreme Court, and indicated that the decision was made in 2025 following internal changes and departures at the firm. Axiom described the venture as a useful learning experience but ultimately one that no longer aligned with its core business priorities.

Axiom Advice & Counsel launched in early 2023 after Arizona became the first US state to permit non-lawyer ownership of law firms. The firm was positioned as a novel hybrid, combining Axiom’s flexible legal staffing model with direct legal services delivered through a licensed law firm. At launch, Axiom emphasized efficiency, technology enablement, and an alternative to the traditional law firm structure. However, by early 2025, key personnel had left the practice, and the firm concluded that operating a regulated law firm was not the optimal use of its resources.

The closure comes amid continued experimentation under Arizona’s ABS framework. Around 150 entities have been licensed, including legal services platforms such as LegalZoom and Rocket Lawyer, professional services providers like KPMG, and other alternative legal service providers testing new delivery models. While some have expanded their footprint, others, like Axiom, appear to be recalibrating their approach.

Omni Bridgeway Reports Strong 2Q26 Portfolio Performance

By John Freund |

Global litigation funder Omni Bridgeway has released a positive second quarter portfolio update, pointing to strong completion metrics and reinforcing confidence in its diversified funding strategy across jurisdictions and dispute types. The update highlights the importance of disciplined case selection and portfolio construction at a time when the legal funding market continues to mature and face closer scrutiny from investors.

An article in GlobeNewswire outlines that Omni Bridgeway recorded excellent completion outcomes during the quarter, with multiple matters reaching resolution and contributing to realizations. The company emphasized that these completions were achieved across different regions and segments of its portfolio, underscoring the benefits of geographic and claim diversification. Management noted that the results were consistent with internal expectations and supported the firm’s longer term return profile.

According to the update, Omni Bridgeway continues to focus on converting invested capital into realized proceeds, rather than simply growing commitments. The funder highlighted that completion metrics are a key indicator of portfolio health, as they reflect both successful case outcomes and effective timing of resolutions. Strong completions also provide liquidity that can be recycled into new opportunities, supporting sustainable growth without excessive balance sheet strain.

The update also touched on broader portfolio dynamics, including the ongoing mix of single case investments and portfolio arrangements with law firms and corporates. Omni Bridgeway reiterated that its underwriting approach remains cautious, with an emphasis on downside protection and realistic settlement expectations. While the company acknowledged that litigation timelines can be unpredictable, it expressed confidence that the current portfolio is well positioned to deliver value over the medium term.