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Key Takeaways from LFJs Special Digital Event: Key Trends and Drivers for Litigation Funding in 2023

On January 25, 2023, Litigation Finance Journal hosted a special digital event: Key Trends and Drivers for Litigation Funding in 2023. The hour-long panel discussion and audience Q&A was live-streamed on LinkedIn, and featured expert speakers including William Farrell, Jr. (WF), Co-Founder, Managing Director and General Counsel of Longford Capital, Laina Hammond (LH), Co-Founder, Managing Director and Senior Investment Officer of Validity Finance, and Louis Young (LY), Co-Founder and CEO of Augusta Ventures. The discussion was moderated by Rebecca Berrebi (RB), Founder and CEO of Avenue 33, LLC.

The discussion spanned a broad spectrum of key issues facing the litigation funding industry in 2023. Below are some key takeaways from the event:

RB: How does your underwriting change, given the varied risks across different legal sectors? Do you have different IRR requirements for different case types or jurisdictions?  

LH: At various points in time in our process, we are going to be assessing the risk of total loss. Antitrust, treaty arbitration, patent cases are riskier. When we’re calculating expected risk of loss, we take into account the various factors that make a case more risky—jurisdiction, collectability, other factors that dictate the IRR range. That is how we tie the risk factor to IRR, so the returns reflect the risk commensurate for any situation.

WF: At Longford, our underwriting process remains the same across all legal sectors.  But risk assessment is unique across opportunities.  We look at 50 different characteristics for risk assessment.  At Longford, and I imagine the same is true at funders like Validity and Augusta, there is a very strong demand for our financing, so we are able to pick only the most meritorious cases, rather than pricing risk for a range of cases.

LY: We have a very controlled process in our underwriting, and it’s conducted in a very stock-standard framework. But that framework is a continual iterative process. Our underwriting changes as we resolve cases through wins and losses, where you learn things that you didn’t know in underwriting. If we had to build a portfolio like we did for our first portfolio, which was 60-70 investments with $200MM invested—if that took us three years to build at the time, it would take us four or five years now, given the fact that we’ve learned so many other things as we’ve invested. Changes in financial modeling have become far more complex and nuanced as to the particular cases, so the outcomes and scenarios that we run now are far more detailed.

RB: The last prolonged recession helped jumpstart the litigation funding industry in the US. If we do have a prolonged recession, what do you see as the prospects for the industry this time around? Can we expect the same growth post-recession? 

LH: I think it’s tricky to accurately predict the impact of recessions on specialty industries like Litigation Finance, especially when the recession arises out of complicated geopolitical factors. That said, it’s entirely likely that a recession provides a boost for demand.  Legal services will always be in demand, and the cost of legal disputes is going to continue to rise. In tough economic conditions, companies might be pushed to consider litigation finance as an alternative to the self-funding that they historically use for their litigation. This could also lead to an infusion of capital into the market, as investors look for ways to diversify into alternative assets that are uncorrelated to the broader market.

LY: I don’t know if the last recession did jump start the industry. I remember one of the first trips I did across the U.S. – this was around 2014 or so. And there were a whole set of law firms who didn’t know about litigation funding, so they were taking on the risk themselves—they were in effect acting as litigation funders. I think what really spurred litigation funding was the entrepreneurial bent of these law firms, who said to themselves ‘ok we’ve been taking this risk on for our clients, and here is a way we can de-risk ourselves.’ It was that mindset, and it happened so quick. In 2014, I introduced myself, and it was like, ‘Nice to meet you, here’s the door.’ Then two years later, it was happening. You just had very savvy, sophisticated people within the law firms who saw litigation funding for what it was, and they’ve become champions of it. And those same law firms are championing litigation funding even more now, and that will spur the industry forward.

RB: What insurance products look most interesting right now, and are there any you’d like to see in the future?

WF: Over the past two years, the insurance industry seems to have identified our industry as a new and attractive source of business for the insurance industry. There are significant synergies and similarities between litigation finance investments and insurance products, and for the moment, insurance markets seem to be most comfortable placing insurance on judgement preservation, and that is because they perceive cases at that stage of the lifecycle to be more easily understood, evaluated, and priced. But other products are popping up every day—insurance wrappers, which can be around an entire fund, or offer judgement preservation or principal protection, or they could be more bespoke and wrapped around particular subsets of investments.

Offering insurance products for individual investors within a fund, uniquely designed for that particular investor’s risk tolerances is on the horizon, and will be made available to investors and funds in our industry. At the end of the day, the costs of these products will be most important in determining whether the Litigation Finance industry will be able to find a way to work with the insurance industry. The cost of these products will be taken directly from the returns that might otherwise be achieved without insurance, and the evaluation of these costs against the risk that is being protected against, is what will determine whether insurance becomes a meaningful part of our business.

RB: What are your thoughts on the 60 Minutes piece, and the resulting publicity for the industry? Is this a net-positive—all publicity is good publicity, or would the industry benefit from being more under-the-radar, as there might be a mainstream outcry over a single bad actor that could malign the entire industry?

WF: The Litigation Finance industry has made great strides over the past 10 years, particularly when it comes to awareness and acceptance of our offerings among all of the effected constituencies. Litigation Finance also levels the economic playing field, to where disputes among companies are resolved on the merits, rather than on the financial wherewithal and strengths/weaknesses of the litigants. So it’s good for the legal system. I think that the more awareness we can achieve, the more acceptance and more use we will see. I am opposed to flying under the radar—I like the idea that the more that people know about our industry, the more they will see that we are doing good, because we are helping people access justice which might not otherwise be there for them.

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Palisade, Accredited Specialty Secure $35 Million Legal Risk Cover

By John Freund |

Specialty managing general underwriter Palisade Insurance Partners has taken a significant step to scale its fast-growing contingent-legal-risk book, striking a delegated-authority agreement with Accredited Specialty Insurance Company that enables up to $35 million in coverage for legal risk insurance products. The New York-headquartered MGU can now offer larger wraps for judgment preservation, adverse-appeal and similar exposures—coverages that corporates, private-equity sponsors and law firms increasingly use to de-risk litigation and unlock financing.

An article in Business Insurance reports that the deal provides Palisade's clients with the comfort of carrier balance-sheet strength while allowing the insurer to expand its program portfolio. The capacity tops up Palisade’s existing relationships and arrives at a time when several traditional markets have retrenched from contingent legal risk after absorbing a spate of outsized verdicts, leaving many complex disputes under-served.

Palisade leadership said demand for robust limits has “never been stronger,” driven by M&A transactions that hinge on successful appeals, fund-level financings that need portfolio hedges, and secondary trading of mature judgments. Writing on LinkedIn, Palisade President John McNally stated: "Accredited's partnership expands Palisade's ability to transfer litigation exposures and help facilitate transactional and financing outcomes for its corporate, law firm, investment manager and M&A clients."

The new facility aligns the MGU’s maximum line with those of higher-profile peers and could see Palisade participate in single-event placements that have historically defaulted to the London market. For Accredited, the move diversifies its program roster and positions the insurer to capture premium in a niche with attractive economics—provided underwriting discipline holds.

Omni Bridgeway Maps Recovery Paths for PRC Creditors

By John Freund |

China’s ballooning stock of non-performing loans (NPLs) has long frustrated mainland banks and asset-management companies eager to claw back value from defaulted borrowers scattered across multiple jurisdictions. In its newly released 2025 Report on International Asset Recovery for PRC Financial Creditors, Omni Bridgeway distills the lessons of a growing body of cross-border enforcement actions and sets out a playbook for creditors determined to follow the money.

A paper published by Omni Bridgeway explains that the three-chapter study surveys today’s enforcement landscape, highlights “funded recovery” strategies for domestic institutions, and walks readers through case studies in which Chinese lenders have traced assets into offshore havens and employed Mareva-style injunctions, arbitral award assignments, and insolvency proceedings to compel payment.

The paper highlights how litigation finance can transform the economics of pursuing stubborn debtors. By underwriting investigative costs, securing local counsel, and bridging timing gaps between enforcement wins and cash realisation, funders such as Omni Bridgeway can turn an otherwise write-off-prone claim into a profitable workout.

The report also charts structural shifts reshaping the market: Beijing’s pressure on state banks to clean balance sheets, private-equity appetite for “special situations” paper, and widening acceptance of third-party funding in arbitration hubs from Hong Kong to Singapore. A series of recent matters—ranging from a Guangzhou lender’s successful freeze of UK real estate to a provincial AMC’s recovery of Latin-American mining assets—illustrate the potency of coordinated tracing, injunctive relief, and securitised claims sales.

For the legal-funding bar, the study underscores a powerful, still-underexploited pipeline: hundreds of billions of renminbi in distressed credit looking for capital-efficient enforcement solutions. Whether PRC banks will embrace external funders at scale—and how regulators will view foreign-backed recovery campaigns—remain pivotal questions for 2025 and beyond.

Omni Bridgeway Hails U.S. Budget Bill Win

By John Freund |

Omni Bridgeway has sidestepped a potentially painful tax after President Trump signed the FY-25 Budget Bill without the much-debated levy on legal-finance proceeds. The Australian-listed funder, which bankrolls commercial claims on six continents, had warned that the original 40.8 percent surcharge floated in the Senate Finance Committee would depress case economics and chill cross-border capital flows. Instead, the final bill landed on 4 July with zero mention of legal-finance taxation, handing the industry a regulatory reprieve just as U.S. portfolio commitments hit record highs.

Sharecafe notes that Omni Bridgeway credits a rare coalition of plaintiff-side bar groups, access-to-justice NGOs, and chambers-of-commerce allies for persuading lawmakers to drop the proposal. The company says it will elaborate in its 4Q25 report later this month, but stresses that bipartisan recognition of funding’s public-interest role now mirrors supportive reviews in Australia, the EU and the UK.

For funders, the episode underscores two diverging trends: rising U.S. political scrutiny and an equally vocal defense of the asset class from sophisticated investors. Expect lobbying budgets to climb as Congress circles disclosure and tax issues again in 2026, but also expect money to keep flowing—Omni’s stance suggests confidence that regulatory headwinds can be managed without derailing growth.