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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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Survey Finds Legal Clients Accept AI for Simple Queries but Not Sensitive Matters

Consumers are increasingly willing to interact with artificial intelligence when contacting a law firm, but that comfort drops sharply once the conversation turns complex or personal, according to new survey data.

According to figures published by Bristol Law Society, the research was commissioned by customer conversation company Moneypenny and conducted by Censuswide among 2,000 UK consumers between June 8 and June 10, 2026. It examined how receptive people are to AI when dealing with different types of businesses, including legal providers.

Where law firms are concerned, willingness tracks closely with the simplicity of the task. Some 29% of respondents said they would be happy using AI for an initial enquiry and 28% for completing a questionnaire. That figure falls to 22% for receiving a case update and 17% for settling a bill. A substantial 38% said they would not be happy using AI for any legal-related communications at all.

The survey also found pronounced generational and gender divides. Among Baby Boomers, 51% rejected AI for any legal communications, as did 44% of Gen X, compared with 28% of Millennials and 26% of Gen Z. More women than men expressed reluctance, at 43% versus 33%.

Bernadette Bennett, Head of Legal at Moneypenny, said the results point away from a uniform approach. "The best customer experiences will be achieved by blending both tech and human communications seamlessly, with AI handling simple queries quickly and efficiently, but deferring consumers to a real person for sensitive issues," she said.

Commercial Court Rules Funder Due-Diligence Communications Fall Outside Litigation Privilege

The Commercial Court has ruled that communications created to help a litigation funder decide whether to back a claim do not ordinarily attract litigation privilege, ordering disclosure of exchanges between a law firm and its funder in a long-running dispute against Uber.

As reported by Dorsey & Whitney, the decision in Uber London Ltd & Ors v Garry White & Ors; Mishcon de Reya LLP [2026] EWHC 1610 (Comm) arose from black-cab drivers' claim that Uber engaged in an unlawful conspiracy. Mishcon de Reya assessed the merits of the claim for funder Harbour in late 2017, before beginning to represent the drivers in October 2018. Uber sought disclosure of those pre-engagement communications.

The court held that the dominant purpose of the firm's exchanges with Harbour was to evaluate the claim as an investment, not to conduct litigation, and that such funder-facing material therefore falls outside litigation privilege. It distinguished a funder's investment decision from a litigant's own funding decisions, which the court treated as inseparable from the litigation itself.

The ruling carries practical weight for how funders and their counsel handle diligence. Documents prepared to win financial backing may be disclosable, and a confidentiality arrangement cannot retroactively strip a client of the right to relevant information a firm has already obtained. The decision adds to a growing body of UK authority testing when funding-related communications must be produced, reinforcing that privilege turns on the dominant purpose of each document rather than the mere involvement of a funder.

UK Government Proposes Overhaul of Opt-Out Collective Actions and Funding Rules

The UK government has proposed a wide-ranging overhaul of the opt-out collective actions regime, including lifting the ban on damages-based agreements as a way to fund claims before the Competition Appeal Tribunal.

As reported by Legal Futures, the Department for Business and Trade's consultation would permit DBAs to fund opt-out proceedings, pointing to the Australian state of Victoria, where the government said funding rates have decreased and claimants have received superior returns since a similar change in 2020. The package is intended to broaden the funding options available to class representatives while addressing long-standing criticism that the regime favors funders over consumers.

Several proposals would reshape how cases proceed. The CAT would weigh the "absolute suitability" of a claim for collective treatment, with greater emphasis on proportionality and the balance between costs and potential benefits. The tribunal would also indicate at certification whether a funder's expected return is reasonable, and funders would be paid once damages are awarded or a settlement is approved rather than waiting for distribution to conclude.

The consultation further seeks views on empowering the CAT to require mediation, with cost consequences for parties that refuse to engage, and on introducing application fees linked to claim values. The government is also reconsidering whether undistributed settlement sums should continue to flow to the Access to Justice Foundation. The proposals follow findings that viable claims below £500 million struggle to attract backing, and that only one case has reached judgment under the regime to date.