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LF Dealmakers Panel: Exploring Use Cases of Insurance Across the Litigation Landscape

LF Dealmakers Panel: Exploring Use Cases of Insurance Across the Litigation Landscape

A panel consisting of Rebecca Berrebi, Founder & CEO of Avenue 33, Daniel Bond, Senior VP of DUAL North America, Jarvis Buckman, Managing Partner at Leste, and Steven Penaro, Partner at Alston & Bird, discussed the intersection of insurance and litigation funding. The panel was moderated by Stephen Kyriacou, Managing Director & Senior Lawyer at Aon. Stephen Kyriacou opened by pointing out how litigation risk insurance began on the defense-side, yet plaintiff-side insurance solutions are now dominating the legal insurance space. Over 90% of Aon’s litigation policies are plaintiff side. He then began the discussion on the topic of judgment preservation insurance. Mr. Kyriacou introduced a hypothetical IP case where the funder and attorney each expect to earn $20MM, and the claimant will take home $60MM. The question was asked, why should funders or attorneys look to insure their award? Jarvis Buckman pointed out the risk mitigation strategy of protecting either part or all of his judgment, in order to take some chips off the table. Rebecca Berrebi added that having an insurance-backed return helps the company book those returns on the current books and not rely as heavily on the final outcome. So even when there is an expectation of collection, insurance can often make sense. Stephen Kyriacou then laid out the three components of a submission package (at least as far as Aon is concerned):
  • Case overview memorandum – Laying out counsel’s view of the strength of the judgment
  • The risk profile – What the risks of the claim are, and the likelihood of their outcomes
  • Aon’s perspective on the insurance – Explaining the motivations for seeking insurance, and the coverage being sought
Daniel Bond pointed out that there is alignment between how he approaches a claim with the process laid out by Stephen Kyriacou. He enjoys having that ‘new case feeling’ which you don’t often get as an attorney. The variability of outcomes provides multiple paths for underwriting, which is different than being an attorney and knowing that there is a binary outcome to your case. Mr. Bond noted that the process involves a lot of communication, to understand his counter-party and what their goals are, along with the business alignments and counter-party risks. Steven Penaro added that the matters have been heavily vetted by the time they get to his desk, as an underwriting counsel. So that implies that there is already a lot of clarification around where things stand. He studies the submission documents and develops an underwriting report and sets up an underwriting call, where the interested parties can discuss and ask questions. Typically, the process takes four to six weeks from when they get the first call until when the policy binds. Mr. Bond added that having people come in with a fresh set of eyes and ‘beat the hell out of the case’ at that juncture in its lifecycle is an extremely valuable process, even notwithstanding the insurance component. Just having experts evaluate the case is a powerful resource. The panel then covered how judgment preservation insurance might pay out, client interests around insuring legal claims, and how clients might pull proceeds from an insurance claim through insurance-backed judgment monetization. The panel offered a thorough deep dive into the insurance landscape—a topic that will no doubt be covered in future events, as these two industries continue to collaborate on mutually beneficial products and services.

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Flashlight Capital Backing Social Media Victims Law Center in Landmark Addiction Trial

By John Freund |

One of the most closely watched trials in recent memory now has a confirmed litigation funder behind it, adding a new dimension to a case some observers are calling a potential "Big Tobacco moment" for the technology industry.

As reported by Bloomberg Law, the Social Media Victims Law Center, a lead firm in litigation alleging that social media platforms have caused widespread addiction among young users, has secured backing from Flashlight Capital. Public records indicate the funding arrangement dates back to June 2024.

The case carries enormous financial stakes. Billions of dollars in potential liability are on the table for major technology companies, with testimony from Meta CEO Mark Zuckerberg regarding the company's youth-oriented strategies forming a centerpiece of the proceedings. The involvement of a litigation funder underscores the scale and complexity of the claims, which span multiple jurisdictions and plaintiffs.

For the litigation finance industry, the case represents a high-profile test of how third-party funding can support sprawling, resource-intensive consumer protection litigation. The outcome could shape both the future of platform liability and the appetite of funders to back similarly ambitious cases against deep-pocketed defendants.

The trial is being closely monitored across the legal and technology sectors as a potential bellwether for how courts evaluate the role social media companies play in youth mental health outcomes.

Edenreach Report Makes the Case for AI and Ethical Capital to Bridge the Global Justice Gap

By John Freund |

A new white paper argues that artificial intelligence and mission-aligned investment capital could help close a justice gap that currently affects roughly 5.1 billion people worldwide.

As reported by Edenreach, the female-founded justice fintech company's report identifies three primary barriers preventing vulnerable populations from accessing legal assistance: economic hardship and geographic distance, the complexity of legal matters requiring expert knowledge, and systemic discrimination targeting marginalized communities. These obstacles are compounded by shrinking legal aid budgets and insufficient resources for pro bono and nonprofit legal organizations.

The report proposes a "justice finance" model that treats legal cases aligned with United Nations Sustainable Development Goals as investable impact assets. This framework aims to combine measurable financial returns with accountability for governance failures, drawing from a largely untapped $3.33 trillion global market of capital that seeks both social outcomes and competitive returns.

On the technology side, the report cites research from the British Institute of International and Comparative Law showing that AI-powered tools — including real-time translation, simplified legal explanations, and automated resource matching — can significantly expand the reach of legal professionals to underserved populations.

For the litigation finance industry, the report represents a growing effort to position legal funding not just as a commercial opportunity but as a vehicle for social impact, potentially attracting a new class of ESG-focused investors to the sector.

MAGA Backers Reflect Rare Split on Regulating Litigation Funders

By John Freund |

An unusual political coalition has emerged in opposition to proposed legislation that would regulate or tax litigation funders, revealing deep divisions even among close allies of the Trump administration.

As reported by Bloomberg Law, the split pits MAGA-aligned figures, progressive Democrats, and trial lawyers against the U.S. Chamber of Commerce and corporate-backed Republicans. Senator Thom Tillis of North Carolina has proposed taxing litigation funder profits, while Representative Darrell Issa of California introduced disclosure requirements for civil cases. Both efforts have drawn pushback from unexpected quarters.

Laura Loomer, a Trump-aligned commentator, publicly criticized the Tillis bill as empowering "woke corporations," while America First Legal, the organization founded by Stephen Miller, warned that disclosure mandates could create privacy threats. Conservative nonprofits have argued that funder transparency requirements could reveal donors on politically sensitive issues including religious liberty and abortion. On the other side of the aisle, Representative Jamie Raskin, a progressive Democrat, found himself aligned with the Alliance Defending Freedom in opposing the proposals.

The article also highlights financial interests that may be shaping the debate. Donald Trump Jr. has invested in patent litigation companies, and Federalist Society co-chairman Leonard Leo has connections to Vallecito Capital, which backs conservative legal cases.

Both the Tillis tax proposal and the Issa disclosure bill have stalled in Congress, with momentum fading after the initial pushback from this bipartisan — and often ideologically contradictory — coalition.