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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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Dutch Funder FairPlay Legal Halts Financing of Gambling-Loss Claims After Supreme Court Ruling

FairPlay Legal has stopped funding Dutch gambling-loss claims and is terminating its existing files after the Hoge Raad, the Netherlands' Supreme Court, ruled that the absence of a Dutch licence does not by itself render an online operator's contracts void.

As reported by Casino Zorgplicht, the Court held in its 3 July 2026 judgment that the Wet op de kansspelen, the Dutch gaming act, never had the effect of invalidating contracts with operators acting contrary to article 1(1)(a). That conclusion removes the central legal theory underpinning thousands of claims seeking recovery of losses incurred with unlicensed offshore operators. The ruling followed preliminary questions referred in June 2024 by the district courts of Amsterdam and North Holland, and was consistent with the advisory opinion delivered by Advocate General Lindenbergh in November 2025.

FairPlay Legal withdrew financing immediately, telling the publication that the claims no longer offer "legal and commercial perspective." The funder, which worked exclusively with advocaat Pepijn Le Heux on the portfolio, said it will continue to pursue a separate category of cases in which operators refuse to pay out winnings. It has no connection to Fair Play Casino.

The decision illustrates how quickly a consumer-claims portfolio built on a single statutory argument can be wound down once an apex court closes the theory. Dutch gambling-loss claims had attracted significant funded volume over the past three years, and the ruling effectively strands files that had not yet reached judgment or settlement.

Linklaters Urges Standalone Cost-Benefit Test for UK Antitrust Class Actions

Linklaters has called for a new standalone hurdle at the certification stage of UK antitrust collective proceedings, arguing that claims should advance only where their expected financial benefits substantially outweigh the costs of bringing them.

As reported by PYMNTS, citing Law.com International, the firm submitted the proposal to the Department for Business and Trade's consultation on "Swifter and simpler competition redress, regulatory appeals and competition enforcement," published in July with responses due 25 September. Linklaters argued that the Competition Appeal Tribunal should apply heightened scrutiny to novel or unestablished theories of harm, and framed its concerns around litigation costs, third-party funding structures and the proportion of any award that ultimately reaches class members.

The submission enters a debate that has intensified since the Supreme Court's decision in Merricks, widely read as lowering the certification threshold and opening the door to a substantial pipeline of opt-out claims. Critics of the regime point to outcomes such as Waterside v Mowi, where the distribution of recoveries between class members, their lawyers and their funders drew judicial attention.

The proposal sits in direct tension with submissions from the claimant and funding side, including the International Legal Finance Association's call for the government to clarify rather than rebuild the opt-out regime. With the consultation window now closed, attention shifts to whether the Department for Business and Trade treats funder economics as a certification question or leaves it to the Tribunal's existing discretion.

Pogust Goodhead to Change Its Name as Both Namesake Founders Demand Removal

Pogust Goodhead will abandon the name it has traded under since 2021 after both of its namesake founders publicly demanded their names be stripped from the firm, deepening a governance crisis at one of the most heavily funded claimant firms in the UK market.

As reported by Legal Futures, Harris Pogust announced via LinkedIn that he had issued a cease-and-desist demanding the firm stop using his name, saying he was "embarrassed to have my name anywhere on that document" in reference to proceedings the firm has brought against its own client committee. "You are suing someone you are asking the court to allow you to continue to represent?" he wrote. Co-founder Tom Goodhead followed with a similar demand days later.

A firm spokeswoman confirmed the change: "We intend to move away from the Pogust Goodhead name. The firm has moved on from its former leadership and its name should too." The rebrand will be the practice's fourth identity since 2018, following SPG Law and PGMBM.

The dispute centres on the £36 billion Mariana Dam claim against BHP, brought on behalf of more than 400,000 Brazilian claimants. Pogust Goodhead has filed a claim against its own client committee after the committee moved to replace it with Bailey Glasser International. An expedited hearing is expected.

For funders, the episode is a reminder that concentration risk in mass-claims portfolios extends beyond case merits to the stability of the firm running the book.