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Commercial Special Features

LFJ Member Leverages Informal Introductory Services to Finance ESG Claim

August 17, 2023

LFJ Member Leverages Informal Introductory Services to Finance ESG Claim

Litigation Finance Journal is well-regarded as the leading publication covering the global legal funding sector, but what is perhaps less-well known is that LFJ also serves as a digital hub for industry stakeholders to connect, via our informal introductory services. A recent example illustrates the impact that LFJs access to the global funding community can have, as Brazilian attorney and activist Daniel Cavalcante leveraged our introductory services to raise funding for a claim on behalf of Indigenous communities in the Amazon.  In a post by No Impunity on LinkedIn, the impact litigation funding platform announced that it would be collaborating with Daniel Cavalcante, a lawyer who has been fighting for the rights of indigenous communities in the Brazilian Amazon. No Impunity stated that it would be funding a lawsuit “that directly benefits indigenous communities, taking real steps towards justice”, highlighting the synergy between Cavalcante’s goals and their mission to finance litigation that fights back against climate and human rights abuses by corporations. Yanis Lunetta, Co-Founder and Co-CEO of No Impunity, praised LFJ’s global network of litigation funding stakeholders: “Through LFJ’s network, No Impunity was introduced to Daniel Cavalcante. This connection proved transformative, enabling grassroots fundraising for an ESG claim. Daniel’s commitment, backed by No Impunity and combined with the trust LFJ instilled, illustrates a dynamic synergy in financing legal action to achieve corporate accountability.” Aurelia Le Frapper, Co-Founder and Co-CEO of No Impunity, added: “Litigation Finance Journal played a key role in our mission to democratize impact litigation. They had an essential part in connecting us directly with Daniel Calvalcante, representing Brazilian communities facing substantial socio-environmental harms.This connection paved the way for No Impunity to fund the investigation phase of this legal process. As we prepare for our public launch event at UCL on 25 September to present our platform and start fundraising for this first case, we express our gratitude to LFJ for its essential contribution in advancing impactful legal initiatives.” In his own post on LinkedIn, Cavalcante expressed his excitement for the collaboration with No Impunity, saying that “the recognition of my work as a lawyer, representing different associations and tribes, is a source of inspiration to continue facing socio-environmental challenges.” As LFJ reported back in February, Cavalcante has been actively campaigning for support from funders and law firms to support lawsuits against large international corporations harming the people and the environment of the Amazon.  No Impunity stated that it would reveal the details of the case on August 25, and encouraged any interested parties to get in touch.
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Case Developments Commercial

Woolworths Faces Shareholder Class Action Over Underpayments

By John Freund |

Woolworths Group is facing a new shareholder class action that alleges the company misled investors about the scale and financial impact of underpaying salaried employees. The action, backed by Litigation Lending Services, adds a fresh legal front to the long-running fallout from Woolworths’ wage compliance failures.

According to AFR, at the heart of the claim is the allegation that Woolworths did not adequately inform the market about the risks posed by its reliance on annualised salary structures and set-off clauses. These payment methods averaged compensation over longer periods instead of ensuring employees received correct pay entitlements for each pay period. This included overtime, penalty rates, and other award entitlements.

Recent decisions by the Federal Court of Australia have clarified that such set-off practices are non-compliant under modern awards. Employers must now ensure all entitlements are met for each pay period and maintain detailed records of employee hours. These rulings significantly raise the compliance bar and have increased financial exposure for large employers like Woolworths, which has tens of thousands of salaried employees.

As a result, Woolworths could face hundreds of millions of dollars in remediation costs. The shareholder class action argues that Woolworths failed to disclose the magnitude of these potential liabilities in a timely or accurate way. Investors claim that this omission amounts to misleading conduct, and that they were not fully informed of the risks when making investment decisions.

Case Developments Commercial

Parabellum Capital Named in Goldstein Criminal Disclosure

By John Freund |

Tom Goldstein, the former SCOTUSblog co-founder and prominent appellate advocate, has named Parabellum Capital as the litigation funder at the center of a federal indictment accusing him of misappropriating legal financing to pay off personal debts.

Bloomberg Law reports that in a court filing made last week, Goldstein disclosed that he used advances from Parabellum to cover non-litigation-related expenses, including the purchase of a multimillion-dollar home. The revelation comes amid federal charges alleging that Goldstein misused firm funds to settle gambling losses and personal obligations, then mischaracterized those payments as business expenses. Prosecutors previously referred to an unnamed funder involved in these transactions; Parabellum is now confirmed to be that firm.

Goldstein’s disclosure appears to be part of a strategic legal response to mounting charges of tax evasion and financial misrepresentation. Once a high-profile figure in Supreme Court litigation, Goldstein now faces scrutiny not only for alleged personal financial misconduct but also for the implications his actions may have on the litigation finance ecosystem.

While Parabellum has not been accused of any wrongdoing, the situation highlights a key risk in the litigation funding model: the potential for funds advanced against anticipated case proceeds to be diverted toward unrelated personal uses. Funders traditionally require that capital be deployed for case expenses, legal fees, and expert costs—not real estate acquisitions or debt payments.

This case underscores a growing concern in the legal funding industry: the need for tighter controls, enhanced due diligence, and possibly more explicit regulatory frameworks to ensure that funding agreements are not exploited. As the industry continues to mature, episodes like this could shape how funders vet borrowers and monitor the use of their capital.

Commercial

Litigation Finance Hits Wall as Bets on Blockbuster Returns Flounder

By John Freund |

At a Fall conference hosted by law firm Brown Rudnick, attendees from across the litigation finance industry voiced growing concern about the sector’s prospects, signaling what may be a turning point for a business long hyped for outsized returns.

According to Yahoo Finance, many in attendance described a drain in new investment and increasing skepticism that big wins, once seen as routine, will materialize. In recent years, funders have aggressively financed high-stakes lawsuits with the expectation that a handful of big verdicts or settlements would deliver significant payouts. But now, as legal outcomes remain unpredictable and returns disappoint, investors appear to be pulling back. Some funders are reportedly limiting new deals, tightening criteria for which cases to support, or reevaluating their business models altogether.

For smaller plaintiffs and everyday plaintiffs’ firms, the contraction in funding availability could prove especially painful. The ripple effects may leave many without access to third-party capital needed to bridge the lengthy wait until verdict. And for funders, the shrinking appetite for risk could mean narrower portfolios and potentially lower returns overall.

The industry’s recalibration may also carry broader implications. Fewer fundings could slow litigation overall. Plaintiffs may see reduced leverage while funders may prioritize lower-risk, smaller-return cases. The shift could further concentrate power among a shrinking number of large, well-capitalized funders.

As the post-conference murmur becomes a chorus, the once-booming litigation finance sector may be entering a more sober phase — where hope for home-run returns gives way to caution, discipline, and perhaps a redefinition of what success looks like.