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Community Spotlight: Jason Bertoldi, Global Team Leader, Litigation & Contingent Risk Insurance, Alliant Insurance Services

By John Freund |

Jason is a former litigation funder who now leads Alliant’s Global Litigation & Contingent Risk Insurance team.  He designs and brokers bespoke policies that cover a range of legal and regulatory exposures, and he regularly assists litigants, law firms, litigation funders, private equity clients, and other stakeholders in structuring and obtaining cutting-edge contingent risk insurance solutions.

Jason is a Chambers Band 1-ranked litigation insurance broker and he has placed some of the largest and most creative contingent risk insurance policies, including multiple nine-figure policies. Jason frequently assists clients in monetizing contingent risk insurance policies and structuring transactions that incorporate insurance policies as investment collateral. Leveraging his background as a front-office finance analyst, Jason has helped clients obtain hundreds of millions of dollars in financing collateralized by contingent risk insurance policies.

Prior to joining the contingent risk insurance industry, Jason was a member of the Litigation Investing team at the D. E. Shaw group, a global investment and technology development firm with more than $60 billion in investment and committed capital. He is a former litigator at Susman Godfrey LLP, and a former law clerk for the Honorable Katherine Polk Failla of the U.S. District Court for the Southern District of New York and the Honorable Karen Nelson Moore of the U.S. Court of Appeals for the Sixth Circuit.

Company Name and Description:  Alliant Insurance Services is one of the nation’s leading distributors of diversified insurance products and services. We operate through a network of specialized national platforms and local offices to offer our clients a comprehensive portfolio of solutions built on innovative thinking and personal service. The business of managing risk is getting more complex, and Alliant is meeting this complexity head-on, not with more layers of management, but with more creativity and agility. Alliant is changing the way our clients approach risk management and benefits, so they can capitalize on new opportunities to grow and protect their organizations.

Alliant is recognized as a leading destination for top-tier brokerage talent in the U.S, attracting brokers and specialists across a diverse spectrum of disciplines who are eager to advance their careers. With the advantage of being majority employee-owned, professionals choose Alliant for autonomy, unparalleled resources, and a unique equity ownership opportunity. As a testament to our commitment to excellence, Alliant maintains an impressive 99% producer retention rate and has earned Forbes’ prestigious title of one of America’s Best Large Employers.

Company Website: https://alliant.com/

Headquarters:  Jason is based in New York, NY

Area of Focus:  Litigation and contingent risk insurance 

Member Quote:  As a former litigation funder, I believe that litigation funding and contingent risk insurance are complementary products. Combining the two can unlock enormous value for funders and their counterparties.  And designing creative insurance solutions for litigation funders is one of the most rewarding parts of my job.

About the author

John Freund

John Freund

Commercial

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Case Developments Commercial

Omni Bridgeway Funds Fresh Paint-Peel Claim Against Toyota Australia

By John Freund |

Omni Bridgeway has stepped in to bankroll a newly-filed Federal Court class action alleging that certain 2010-14 Toyota Corolla models suffer from a manufacturing defect that causes factory “040 white” paint to flake under UV exposure. Lead plaintiff Mary Elizabeth Fabian seeks compensation for diminished vehicle value and associated distress.

An article in Lawyerly says William Roberts Lawyers lodged the claim late Wednesday in Sydney, with Omni providing “no-win-no-pay” financing and an adverse-costs indemnity. The suit covers consumers who bought affected sedans or hatchbacks after 1 January 2011.

Plaintiffs allege Toyota breached Australia’s Consumer Law guarantee of acceptable quality, citing a 2022 Toyota bulletin that acknowledged adhesive degradation between primer and base metal. Class members face no out-of-pocket exposure; Omni recoups costs and takes a court-approved commission only from any recovery. Registration is open nationwide, and Omni’s portal details eligibility tests based on VIN build plates and paint codes.

The case exemplifies funders’ deepening appetite for high-volume consumer-product claims. Success here could spur similar “cosmetic defect” suits—particularly in Australia’s active class-action market—further diversifying funders’ portfolios beyond financial-services and securities disputes.

Case Developments Commercial

Burford Capital Faces Fresh Argentine Pushback in YPF Turnover Battle

By John Freund |

Argentina’s legal team has fired its latest salvo in the long-running, Burford-backed YPF litigation, lodging two emergency briefs with U.S. District Judge Loretta Preska that seek to halt her 30 June order compelling the country to transfer its 51 percent stake in the oil major to a BNY Mellon escrow within 14 days.

An article in Infobae reports that the Treasury Solicitor’s Office argues immediate compliance would violate Argentina’s hydrocarbon-sovereignty statute, trigger cross-default clauses, and irreversibly strip state control of a company central to the Vaca Muerta shale programme. The briefs also insist the $16.1 billion judgment—won by Petersen Energía and Eton Park after Burford Capital financed their claims—presents “novel questions” on sovereign immunity and extraterritorial asset execution, meriting a stay pending Second Circuit review.

Burford’s creditors countered earlier this week, citing Governor Axel Kicillof’s public remarks as proof of obstruction. Argentina retorted that Kicillof holds no federal brief, seeking to neutralise that leverage while underscoring the U.S. Justice Department’s past reservations about enforcing foreign-sovereign turnovers. Judge Preska is expected to rule on the stay motion within days; absent relief, the share transfer clock runs out on 15 July.

A stay would underscore enforcement risk, even after a blockbuster merits win. Funders will watch Preska's decision, and capital-providers hunting sovereign-risk cases may calibrate pricing accordingly.

Commercial Deals

Palisade, Accredited Specialty Secure $35 Million Legal Risk Cover

By John Freund |

Specialty managing general underwriter Palisade Insurance Partners has taken a significant step to scale its fast-growing contingent-legal-risk book, striking a delegated-authority agreement with Accredited Specialty Insurance Company. Including the Accredited capacity, Palisade has up to $35 million in coverage for legal risk insurance products. The New York-headquartered MGU can now offer larger wraps for judgment preservation, adverse-appeal and similar exposures—coverages that corporates, private-equity sponsors and law firms increasingly use to de-risk litigation and unlock financing.

An article in Business Insurance reports that the deal provides Palisade's clients with the comfort of carrier balance-sheet strength while allowing the insurer to expand its program portfolio. The capacity tops up Palisade’s existing relationships and arrives at a time when several traditional markets have retrenched from contingent legal risk after absorbing a spate of outsized verdicts, leaving many complex disputes under-served.

Palisade leadership said demand for robust limits has “never been stronger,” driven by M&A transactions that hinge on successful appeals, fund-level financings that need portfolio hedges, and secondary trading of mature judgments. Writing on LinkedIn, Palisade President John McNally stated: "Accredited's partnership expands Palisade's ability to transfer litigation exposures and help facilitate transactional and financing outcomes for its corporate, law firm, investment manager and M&A clients."

The new facility aligns the MGU’s maximum line with those of higher-profile peers and could see Palisade participate in single-event placements that have historically defaulted to the London market. For Accredited, the move diversifies its program roster and positions the insurer to capture premium in a niche with attractive economics—provided underwriting discipline holds.