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Commercial Funder's Corner

Unleashing the Potential of Outsourcing

By Richard Culberson |
October 24, 2024

Unleashing the Potential of Outsourcing

The following article was contributed by Richard Culberson, CEO of Moneypenny & VoiceNation, North America.

Every leader knows the importance of maximizing the potential of their people, clients, and business. It’s about recognizing the value of your resources and optimizing their efficiency. This can be achieved by streamlining, leveraging technology, and investing in people, however, one solution that is gaining momentum in the legal world is outsourcing.  

Traditionally, businesses used outsourcing to save money by obtaining help with non-essential administrative tasks, thereby avoiding the costs of hiring and training employees and purchasing equipment and it’s been proven to be an effective way to control expenses. 

However, today, Outsourcing 2.0 is more than just a cost-saving measure. It is about collaborating to grow, thrive and maximize value.  

Take the humble phone call as an example. Whether it is a new inquiry or an existing client, every call is important and ensuring that they are answered, and opportunities are never missed is particularly crucial for law firms, whatever their size. On average one in 10 calls to a law firm is from someone making a new inquiry. If they go unanswered that is business lost, or worse, it is business that goes to the competition.  

Outsourcing your calls could help you never miss a call, avoid interruptions, and support business continuity. For example, it can allow your firm to operate seamlessly, whether it is a busy day in court, meetings, an office move, or a holiday. Furthermore, it should be able to work as a faultless extension of your business, so that no one knows you have a partner to answer your calls, for example.  

The same goes for other functions. Marketing and IT tasks can take away time that attorneys could be spending on billable hours. Just like you would hire an expert in a field that is out of your legal realm, outsourcing can support law firms to save valuable time, manage overflow, reduce costs, improve the litigation process, and allow employees to focus on key tasks. 

As a business leader, you understand your business’s strengths and areas where it needs support better than anyone else, so it is logical to look at ways you can focus on these strengths and seek assistance for other aspects.  Especially when you consider the tangible benefits that outsourcing can deliver to businesses, all while making financial sense. The key is finding the right partner. 

So, how can you ensure that outsourcing works for your business? 

Outsourcing will only work in the long term if both parties approach it as a partnership. It’s all about collaboration. With commitment and effective communication from both sides, long-term success can be achieved, however, it does require investment of time to get it right; treating it as a one-time deal will limit its potential. 

So, it’s all about finding your perfect partner, one that aligns well with your business, not only in terms of skills and experience, but also in terms of culture and values. This requires thorough research and careful evaluation. 

There is no doubt that outsourcing can help you to unleash your law firm’s potential by allowing you to focus on your core competencies while delegating other activities to external experts. This can lead to increased efficiency, cost savings, and access to specialized skills and resources that may not be available in-house freeing up time and resources to drive growth and also provide the flexibility to scale operations up or down based on business needs, making it a powerful tool for unlocking and maximizing a company’s potential. 

But you must approach it with the right attitude if you want to unleash the potential of your people and your business. Getting the right partnership and outsourcing can serve as a strategic tool to help law firms reach new heights of success in 2025 and beyond. 

Richard Culberson, CEO of Moneypenny & VoiceNation, North America, a global leader in outsourced call answering, live chat, receptionist teams and customer service solutions for business large and small, handling over 20 million calls and chats for thousands of organizations. Moneypenny has an award-winning culture, with over 1,250 people across the US and UK. At the centre of this culture is a vision that if you combine awesome people with leading-edge technology, you will supercharge your people and your business, delivering gold standard customer experience and service. Richard is passionate about building teams that leverage new business models and technologies, driving growth and scaling business.

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Richard Culberson

Richard Culberson

Commercial

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Commercial Regulatory Issues

France Issues Decree Regulating Third-Party Funded Collective Actions

By John Freund |

France has taken a significant step in codifying oversight of third-party financed collective actions with the issuance of Decree No. 2025-1191 on December 10, 2025.

An article in Legifrance outlines the new rules, which establish the procedure for approving entities and associations authorized to lead both domestic and cross-border collective actions—referred to in French as “actions de groupe.” The decree brings long-anticipated regulatory clarity following the April 2025 passage of the DDADUE 5 law, which modernized France’s collective redress framework in line with EU Directive 2020/1828.

The decree grants authority to the Director General of Competition, Consumer Affairs and Fraud Control (DGCCRF) to process applications for approval. Final approval is issued by ministerial order and is valid for five years, subject to renewal.

Approved organizations must meet specific governance and financial transparency criteria. A central provision of the new rules is a requirement for qualifying entities to publicly disclose any third-party funding arrangements on their websites. This includes naming the financiers and specifying the amounts received, with the goal of safeguarding the independence of collective actions and protecting the rights of represented parties.

Paul de Servigny, Head of litigation funding at French headquartered IVO Capital said: “As part of the transposition of the EU’s Representative Actions Directive, the French government announced a decree that sets out the disclosure requirements for the litigation funding industry, paving the way for greater access to justice for consumers in France by providing much welcomed clarity to litigation funders, claimants and law firms.

"This is good news for French consumers seeking justice and we look forward to working with government, the courts, claimants and their representatives and putting this decree into practice by supporting meritorious cases whilst ensuring that the interests of consumers are protected.”

By codifying these requirements, the French government aims to bolster public trust in group litigation and ensure funders do not exert improper influence on the course or outcome of legal actions.

Case Developments Commercial

Privy Council to Hear High-Profile Appeal on Third-Party Funding

By John Freund |

The United Kingdom's Judicial Committee of the Privy Council is set to hear a closely watched appeal that could have wide-ranging implications for third-party litigation funding in international arbitration. The case stems from a dispute between OGD Services Holdings, part of the Essar Group, and Norscot Rig Management over the enforcement of a Mauritius-based arbitral award. The Supreme Court of Mauritius had previously upheld the award in favor of Norscot, prompting OGD to seek review from the Privy Council.

An article in Bar & Bench reports that the appeal is scheduled for next year and will feature two prominent Indian senior advocates: Harish Salve KC, representing Norscot, and Nakul Dewan KC, representing OGD. At issue is whether the use of third-party funding in the underlying arbitration renders the enforcement of the award improper under Mauritius law, where third-party litigation funding remains a legally sensitive area.

The case is drawing significant attention because of its potential to shape the international enforceability of funding agreements, particularly in light of the UK Supreme Court's 2023 PACCAR decision. That ruling dramatically altered the legal landscape by classifying many litigation funding agreements as damages-based agreements, thereby subjecting them to stricter statutory controls. The PACCAR decision has already triggered calls for legislative reform in the UK to preserve the viability of litigation funding, especially in the class action and arbitration contexts.

The Privy Council appeal will test the legal boundaries of funder involvement in arbitration and may help clarify whether such arrangements compromise enforceability when judgments cross borders. The outcome could influence how funders structure deals in jurisdictions with differing attitudes toward third-party involvement in legal claims.

Case Developments Commercial

Banks Win UK Supreme Court Victory in $3.6B Forex Lawsuit

By John Freund |

Several major global banks, including JPMorgan, UBS, Citigroup, Barclays, MUFG, and NatWest, have successfully blocked a £2.7 billion ($3.6 billion) opt-out collective action in the UK’s Supreme Court. The proposed lawsuit, led by Phillip Evans, aimed to represent thousands of investors, pension funds, and institutions impacted by alleged foreign exchange (forex) market manipulation.

An article in Yahoo Finance reports that the case stemmed from earlier European Commission findings that fined multiple banks over €1 billion for operating cartels in forex trading. Evans’ action, filed under the UK’s collective proceedings regime, sought to recover damages on behalf of a wide investor class. However, the Supreme Court upheld a lower tribunal’s decision that the claim could not proceed on an opt-out basis, requiring instead that individual claimants opt in.

The judgment emphasized the insufficient participation rate among potential class members and found that an opt-out mechanism was not appropriate given the specifics of the case. Justice Vivien Rose, delivering the court’s opinion, noted that while individual claims might have merit, the representative structure lacked the cohesion and commitment necessary to justify a mass claim. As a result, the banks have succeeded in halting what would have been one of the largest collective actions in the UK to date.