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LFJ Dealmakers Panel: Opportunities at the Intersection of Funding, Mass Torts & ABS

September 28, 2023

LFJ Dealmakers Panel: Opportunities at the Intersection of Funding, Mass Torts & ABS

The panel discussion consisted of Jacob Malherbe, CEO of X Social Media, Sara Papantonio, Partner at Levin Papantonio Rafferty, and Ryan Stephen, Managing Partner of Pine Valley Capital Partners. The panel was moderated by Steve Nober, CEO of Consumer Attorney Marketing Group (CAMG), The discussion spanned the following topics:
  • Who’s doing what in mass torts? How about funding?
  • How funders are evaluating and working with firms
  • Examples of the ABS framework in action & challenges
  • Pre- and post-settlement funding and time to disbursement
The conversation began around the integration of litigation funders into the mass torts sector. There are a lot of variables to consider around mass torts which typically don’t exist in other case types. These include marketing ethics, use of proceeds, claimant access and relationship building, where the call center is located, firm operations at an administrative level, etc. These are all aspects of a law firm that litigation funders need to understand if they are going to partner with a mass torts law firm. The degree of diligence is vast, and will require a years-long commitment. What’s more, there is now a focus on unethical marketing practices, with Congress taking a look at the tactics being used. The question for funders is, how can you protect yourself from unethical marketing efforts (funders might be named in a suit against the law firm). Funders need to mitigate these risks by asking more questions at the outset: What kind of advertising is being used, where are the clients coming from, how do I know that the clients are real (ad tracking)? Too many funders are pouring money into this lucrative space, and run the risk of encountering scammers who set up a business looking to raise money for a mass torts claim, when they have no ability to secure claimants or conduct the proper marketing outreach. What this comes down to at its core is relationships—understanding and knowing who you’re working with. Funders need to feel that the law firm they partner with us trustworthy, but of course should still conduct their own diligence to verify that all activities are on the up and up. On this last point, the panel recommends creating more nuanced tracking—not just ‘cost per case.’ Track advertising costs, medical records, other marketing materials. Really understand how money is moving at a granular level. The discussion then pivoted over to the Camp Lejeune case. Sara Papantonio feels that there will be one more opportunity to make a push for cases when payouts start happening. The question is, will there be enough time to advertise and file a claim before the statute of limitations runs out? Papantonio also noted that many clients won’t qualify for the elective option, and those that do probably won’t take it because of how undervalued it is. So likely, we will see more cases move into litigation. Values are starting to be presented for Tier 1 and Tier 2 injuries, which will help push this into litigation as well. She believes around May of 2024 will be an opportunity to advertise, but the statute of limitations runs out in August. Papantonio explained that Tier 1 injuries are far less risk for funders and litigators. Tier 2s and Tier 3s will have to move through a process, and some won’t be approved, so there is more risk there. Papantonio also believes the fees will be capped at 20-25%, which was the DOJs recommendation. So funders and law firms should plan for that. One final point Papantonio made, was that these mega mass torts are sucking up all the oxygen in the space, but there are plenty of smaller torts that are very meritorious and present opportunities for funders and law firms. The panel concurred, given that $1 billion has spent on Camp Lejeune already, so any new entrants into that claim are coming in late stage. Panelists Ryan Stephen and Jacob Malherbe added that torts such as Tylenol, Roundup part two, paraquat, PFAS claim (which the panel believes might become the biggest case ever), anti-terrorism cases, and others. Malherbe even recommended ‘The Devil We Know,’ a documentary on Netflix about the PFAS claim—so anyone interested can follow up with some binge watching!

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Longford Capital Doubles Down to Support American Innovation

By John Freund |

Longford Capital Management, LP today announced that it has launched the Longford Capital American Innovation Initiative to help American inventors protect their legal rights, access the U.S. legal system, and advance American innovation.

America is the greatest country in the world and Americans are achieving advancements in every facet of our lives, including healthcare, artificial intelligence, clean energy, technology, aerospace, cybersecurity, transportation, wireless communications, and many others. Intellectual property is critical to American exceptionalism and national security. American inventors are systematically the victims of intellectual property theft at the hands of foreign and domestic bad actors. Well-financed multi-national corporations steal the innovations of small and medium size American companies leaving them will little options to protect their legal rights in the expensive U.S. legal system. For more than a decade, Longford has been supporting American inventors, investing approximately $500 million to support nearly 100 intellectual property owners trying to defend their assets. These efforts have resulted in recoveries of more than $1.5 billion from patent infringers.

Take, for example, Malcolm Beyer, Jr., a graduate of the United States Naval Academy, retired Captain in the U.S. Marines, and small business owner. His company developed a communication system that increases safety and operational effectiveness for the U.S. military, law enforcement, and first responders. When his patented technology was infringed by foreign companies, he didn’t have the money to defend his legal rights in court. He turned to Longford Capital. Longford provided millions of dollars to pay his legal fees, which allowed Mr. Beyer to successfully defend his legal rights and protect his innovation. Without access to litigation finance, Malcolm Beyer’s company would not have survived.

Today, we are ramping up our efforts to support our country, American inventors, small and medium size businesses, and the advancement of American exceptionalism. The ability to protect innovation through the patent system and the U.S. legal system is essential to attract investment and encourage the best and brightest Americans to dedicate their careers to improving our lives. Longford’s funding empowers American innovation and makes America stronger. Members of Longford’s legal team are perennially recognized as leading IP strategists with an established record of developing and implementing world-class IP value creation programs for American companies.

About Longford Capital

Longford Capital is a leading private investment company that provides capital to leading law firms, public and private companies, research universities, government agencies, and other entities involved in large-scale, commercial legal disputes. Longford was one of the first litigation funds in the United States and is among the world’s largest litigation finance companies with more than $1.2 billion in assets under management. Typically, Longford funds attorneys’ fees and other costs necessary to pursue meritorious legal claims in return for a share of a favorable settlement or award. The firm manages a diversified portfolio, and considers investments in subject matter areas where it has developed considerable expertise, including, business-to-business contract claims, antitrust and trade regulation claims, intellectual property claims (including patent, trademark, copyright, and trade secret), fiduciary duty claims, fraud claims, claims in bankruptcy and liquidation, domestic and international arbitrations, claim monetization, insurance matters, and a variety of others.

Commercial Legal Innovation

Startup Founder Touts Data-Driven Funding Model

By John Freund |

A litigation funding startup founder is making the case that technology, disciplined underwriting, and alignment with law firms will define the next phase of growth in the funding industry.

In Part II of its interview series, Above the Law spotlights the founder’s views on building a differentiated funding platform in an increasingly competitive market. The discussion centers on how newer entrants can compete with established players by leveraging data analytics, focusing on select case types, and maintaining tight operational controls. Rather than pursuing volume for its own sake, the founder emphasizes a strategy built around rigorous case selection and long-term partnerships with law firms.

A key theme in the interview is the importance of underwriting discipline. The founder notes that not all meritorious cases make good investments, underscoring the need to evaluate damages models, collectability, and litigation timelines with precision. Technology plays a central role in that process, with analytics tools helping to assess risk factors and identify patterns across similar claims. This approach, the founder argues, allows the company to move efficiently while avoiding the pitfalls of overly aggressive capital deployment.

The interview also touches on market education. Despite litigation finance’s growing acceptance, misconceptions persist among lawyers and corporate stakeholders. The founder suggests that transparency around pricing, control, and alignment of interests remains critical to winning trust—particularly among firms that may be considering funding for the first time.

Commercial

AI Reshapes Mass Torts With Cost-Saving Promise

By John Freund |

Artificial intelligence is rapidly moving from a back-office efficiency tool to a central driver of strategy in mass tort litigation, with significant implications for plaintiff firms, defense counsel, and the litigation funding community.

An article in Bloomberg Law explores how AI-powered tools are transforming the economics of large-scale product liability and personal injury cases. From claimant intake and medical record review to document analysis and settlement modeling, AI platforms are enabling law firms to process vast amounts of data at a fraction of the traditional cost and time. In mass torts—where tens of thousands of claims can hinge on nuanced medical and factual distinctions—these efficiencies are particularly valuable.

According to the report, firms are deploying AI to automate the review of medical records, identify injury patterns, and categorize claimants more quickly. This not only reduces overhead, but also enhances early case assessment, helping firms determine which claims warrant full investment. On the defense side, corporate legal teams are leveraging similar technologies to assess exposure and streamline discovery. The result is a technological arms race in high-volume litigation.

While some observers raise concerns about accuracy, oversight, and ethical guardrails, proponents argue that AI can reduce administrative waste and free attorneys to focus on higher-value legal analysis. Vendors servicing the mass tort bar are also positioning AI as a way to increase access to justice by lowering the cost of bringing claims that might otherwise be economically unviable.