William Weisman of Parabellum Capital uses a football metaphor to dismantle claims that commercial litigation funders wield excessive influence over the U.S. legal system. Opponents—like the Chamber of Commerce and Lawyers for Civil Justice—portray funders as shadowy power brokers manipulating outcomes. In reality, Weisman argues, the industry is tiny.

Writing in the National Law Review, Weisman notes that U.S. commercial litigation funding represents just $2.3 billion in annual commitments, with only about $759 million going directly to litigants. The workforce across roughly 33 funders totals only 337 people, over half of whom work at firms with five or fewer employees. Burford Capital alone accounts for about 20% of that headcount.

Of those 337 employees, only 204 hold law degrees, and most are focused on origination or operations—not trial oversight. Roughly 80% of funders employ fewer than 10 lawyers, making it implausible that they could “quarterback” litigation. Compared to the 1.3 million U.S. lawyers, 450,000 law firms, and 85,000 attorneys at Am Law 100 firms, the entire funding sector barely registers in size. Even individual corporate law departments often employ more attorneys than all U.S. funders combined.

Weisman concludes that funders aren’t calling plays—they’re providing capital to level the field for smaller businesses that couldn’t otherwise litigate against deep-pocketed opponents. Allegations of undue influence, he writes, are a strategic “ball fake” meant to preserve the advantage of entrenched corporate interests.

A sharp pivot is underway in litigation finance as funders increasingly court the private credit market amid waning interest from traditional backers.

An article in Law Gazette details how funders, faced with reduced appetite from pension and endowment funds due to rising interest rates and macroeconomic volatility, are now tapping into the $1.7 trillion private credit sector—comprising non-bank lenders known for backing complex, high-yield opportunities. At Brown Rudnick’s European litigation funding conference last week, executives from Rocade, Therium, and others dissected the sector’s evolving funding landscape.

Brian Roth, CEO of Rocade LLC, emphasized that litigation finance offers the kind of complexity private credit thrives on. “We’re looking for assets that are complex or hard to source… [that offer] a ‘complexity premium,’” Roth said, adding that insurance-wrapped and yield-segmented portfolios could make the space even more appealing to credit investors.

Therium Capital Management co-founder Neil Purslow—whose flagship fund is now in runoff—recently launched Therium Capital Advisors to help bridge the gap between funders and private credit. Purslow noted that while capital is plentiful, accessing it requires sophisticated structuring to meet private lenders’ expectations. “It’s very bespoke,” he said. “This pool of investors… think very specifically about their strategy.”

Not all industry voices are convinced. Soryn IP’s Michael Gulliford warned that litigation finance must deliver returns consistent with private credit norms, or risk being shunned. Meanwhile, Balance Legal Capital’s Robert Rothkopf and Harbour Litigation Funding’s Susan Dunn raised alarms over new players using questionable financial structures and attracting inexperienced investors.

The shift toward private credit could redefine how litigation finance structures deals, raises capital, and manages risk. But the influx of new money—especially if poorly vetted—may also invite instability. As private credit steps into the void, funders must weigh innovation against the risk of diluting industry standards.