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Key Takeaways from LFJ’s Special Digital Event “Litigation Finance: Investor Perspectives”

Key Takeaways from LFJ’s Special Digital Event “Litigation Finance: Investor Perspectives”

On Thursday April 4th, 2024, Litigation Finance Journal hosted a special digital event titled “Litigation Finance: Investor Perspectives.” The panel discussion featured Bobby Curtis (BC), Principal at Cloverlay, Cesar Bello (CB), Partner at Corbin Capital, and Zachary Krug (ZK), Managing Director at NorthWall Capital. The event was moderated by Ed Truant, Founder of Slingshot Capital. Below are some key takeaways from the event: If you were to pinpoint some factors that you pay particular attention to when analyzing managers & their track records, what would those be? BC: It’s a similar setup to any strategy that you’re looking at–you want to slice and dice a track record as much as possible, to try to get to the answer of what’s driving returns. Within litigation finance, that could be what sub-sectors are they focused on, is it intellectual property? Is it ex-US deals? What’s the sourcing been? How has deployment been historically relative to the capital they’re looking to raise now? It’s an industry that is starting to become data rich. You have publicly-listed companies that have some pretty interesting track record that’s available. I’m constantly consuming track record data and we’re building our internal database to be able to comp against. Within PE broadly, a lot of people are talking about DPI is the new IRR, and I think that’s particularly true in litigation finance. If I’m opening a new investment with a fund I’ve never partnered with before, my eyes are going to ‘how long have they been at it, and what’s the realization activity?’ There is also a qualitative aspect to this–has the team been together for a while, do they have a nice mix of legal acumen, investment and structuring acumen, what’s the overall firm look like? It’s a little bit art and science, but not too dissimilar from any track record analysis with alternative investment opportunities. Zach, you’ve got a bit more of a credit-focus. What are you looking for in your opportunities?  ZK: We want to understand where the realizations are coming from. So if I’m looking at a track record, I want to understand if these realizations are coming through settlements or late-stage trial events. From my perspective as an investor, I’d be more attracted to those late-stage settlements, even if the returns were a little bit lower than a track record that had several large trial wins. And I say that because when you’re looking at the types of cases that you’ll be investing in, you want to invest in cases that will resolve before trial and get away from that binary risk. You want cases that have good merit, make economic sense, and have alignment between claimant and law firm, and ultimately are settleable by defendants. That type of track record is much more replicable than if you have a few outsized trial wins. What are things that managers generally do particularly well in this asset class, and particularly poorly?  CB: I don’t want to paint with a broad brush here. With managers it can be idiosyncratic, but there can be structuring mistakes – not getting paid for extension risks, not putting in IRR provisions. Portfolio construction mistakes like not deploying enough and being undercommitted, which is a killer. Conversely, on the good side, we’ve seen a ton of activity around insurance, which seems to be a bigger part of the landscape. We also welcome risk management optionality with secondaries. Some folks are clearly skating to where the puck is going and doing more innovative things, so it really depends who you’re dealing with. But on the fundamental underwriting, you rarely see a consistent train wreck – it’s more on the other stuff where people get tripped up. How do you approach valuation of litigation finance portfolios? What I’m more specifically interested in is (i) do you rely on manager portfolio valuations, (ii) do you apply rules of thumb to determine valuations, (iii) do you focus your diligence efforts on a few meaningful cases or review & value the entire portfolio, and (iv) do you use third parties to assist in valuations?  CB: If you’re in a fund, you’re relying on the manager’s marks. What we do is not that – we own the assets directly or make co-investments. We see a lot of people approach this differently. Sometimes we have the same underlying exposure as partners and they’re marking it differently. Not to say that one party is rational and the other is not, it’s just hard to do. So this is one we struggle with. I don’t love mark-to-motion. I know there’s a tug toward trying to fair value things more, but as we’ve experienced in the venture space, you can put a lot of valuations in DPI, but I like to keep it at cost unless there is a material event. Check out the full 1-hour discussion here.

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Tata Power Files Criminal Complaint Against Kleros Capital Over $490 Million Arbitration Award

Tata Power has escalated its long-running dispute with Kleros Capital Partners from the courtroom to the police station, with Mumbai Police registering a First Information Report against eight accused parties over an alleged fraud valued at ₹4,800 crore.

As reported by the Free Press Journal, the complaint names Kleros Capital Partners and two former Tata Power employees among the accused, alleging data leakage and criminal conspiracy in connection with a Russian coal mine transaction and the Singapore arbitration that followed.

Tata Power claims that confidential information shared with Kleros under non-disclosure agreements signed in 2013 and 2014 was later used against it in arbitration. It alleges direct losses of roughly $8 million and says a valuation report was prepared without a site visit before being relied upon in the proceedings. None of the allegations has been established in any court.

Kleros commenced SIAC arbitration in November 2020. The tribunal, chaired by Professor Lawrence Boo and including Stuart Isaacs KC and Amal K. Ganguli, issued a liability award in September 2023 and a damages award on 1 July 2025, with the majority ordering payment of $490.32 million plus simple interest at 5.33% per annum.

On 26 August 2026 the Singapore International Commercial Court rejected all three of Tata Power's set-aside applications, finding no breach of natural justice or apparent bias. The Court also held that Omni Bridgeway's involvement in unrelated proceedings involving the arbitrators did not establish apparent bias. Tata Power shares fell 3.89% following the ruling.

Federal Court Approves $12 Million Funder Commission in RAMS Franchisee Settlement

Australia's Federal Court has approved a $12 million funding commission to Court House Capital out of a $29.6 million class action settlement, rejecting the suggestion that hindsight should be used to shrink a funder's reward.

As reported by Australasian Lawyer, Justice Lee handed down Top Ryde Financial Services Pty Ltd v RAMS Financial Group Pty Limited (Settlement Approval) [2026] FCA 1652 on 30 October 2026, approving roughly $16.6 million in total deductions comprising $4 million in legal costs and the $12 million commission.

The proceeding was brought by 15 former franchisees of RAMS, Westpac's former home-lending business, who alleged wrongful termination and the withholding of 25% of trail commissions after termination. The settlement deed required payment of $29,624,397.67, made up of withheld trail commission with interest plus an additional sum of approximately $20.8 million. RAMS also agreed to stop withholding part of future trail commission and to offer buy-outs of future trailer income. There was no admission of liability.

The Court acknowledged the commission exceeded the average percentage seen in some recent approvals, but noted that alternative formulas in the funding agreements would have produced either $8.58 million or $16 million. All but one franchisee had signed a funding agreement, and no group member objected. Justice Lee remarked that "a headline percentage may conceal more than it reveals," though he did limit the reach of the settlement deed.

For context, the 7-Eleven franchisee class action settled for $98 million in 2021, inclusive of a $24.5 million funder commission.

Rightmove Attacks Innsworth Funding Agreement in £1.6 Billion Class Action

Rightmove has challenged the litigation funding agreement underpinning a £1.6 billion collective action against it, arguing that funder Innsworth Advisors holds an excessive degree of control over the proceedings.

As reported by Global Competition Review, the property portal told the Competition Appeal Tribunal that the agreement is structured to secure the funder a potentially inappropriate return, with Innsworth reportedly in line for around £100 million.

The claim is brought by former Competition and Markets Authority panel member Jeremy Newman on behalf of roughly 7,200 class members, largely estate agents, letting agents and new-homes developers who paid listing fees between 1 April 2020 and 1 April 2026. The underlying allegation is abuse of dominance through excessive and unfair fees. The claim is funded by Innsworth Capital, the UK litigation funding arm of Elliott Management, with Scott+Scott UK LLP acting as counsel and Kairos Economics providing economic analysis.

The certification dispute centers on whether the action should proceed on an opt-out or opt-in basis. Rightmove argues that allowing opt-out here would raise questions about when opt-in could ever be appropriate. The proposed class representative counters that forcing an opt-in process is designed to shrink damages or exhaust the budget so that the litigation will "run into the sand," citing complexity, modest individual recoveries and fear of retaliation from a must-have commercial partner as deterrents to signing up.

The Tribunal rejected comparable opt-in arguments earlier in 2026 in Stasi v Microsoft, Ennis v Apple and Brook v Google. Rightmove has said it will defend the claim vigorously.