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An LFJ Conversation with Obaid Saeed Bin Mes’har, Managing Director of WinJustice

February 25, 2025

An LFJ Conversation with Obaid Saeed Bin Mes’har, Managing Director of WinJustice

WinJustice is the first litigation funding firm in the UAE, empowering businesses and individuals to access justice without financial strain. The UAE’s unique legal landscape, divided into onshore and offshore jurisdictions, offers a dynamic environment for litigation funding. As a trailblazer in this space, WinJustice is committed to making justice accessible and affordable for all. Below is our LFJ Conversation with Obaid Saeed Bin Mes’har: 1. The UAE has been expanding its legal landscape in recent years. How has the growth of the legal industry in the UAE impacted the demand for litigation funding?

I personally believe and during my professional experience I have seen that the UAE’s legal sector has experienced significant expansion, driven by economic growth, international investments, and regulatory advancements. This transformation has directly influenced the demand for litigation funding, as businesses and individuals seek financial support to navigate complex legal disputes without upfront costs.

Let me explain, what are few major factors driving demand in UAE market:

Increase in Commercial Disputes:

  • With the UAE’s rise as a global business hub, contract disputes have surged, particularly in high-stakes sectors like construction, real estate, and finance.
  • The growing reliance on arbitration and cross-border transactions has made litigation funding a strategic necessity

Dual Legal Framework:

    • The UAE’s unique system—onshore civil law courts and offshore common law jurisdictions (DIFC, ADGM)—creates a dynamic environment for litigation funding.
    • Offshore jurisdictions provide clear regulatory frameworks for third-party funding, increasing confidence among investors and litigants.
Escalating Legal Costs:
    • High litigation and arbitration costs often deter claimants from pursuing valid cases.
    • Litigation funding ensures businesses and individuals can seek justice without financial constraints, shifting the cost burden to funders.
Regulatory Support & Market Maturity:
    • The DIFC’s Practice Direction No. 2 of 2017 and ADGM’s Funding Rules 2019 have legitimized litigation funding, fostering investor confidence.
    • This has encouraged global litigation funders to enter the UAE market, increasing competition and accessibility.
Greater Awareness & Adoption:

At WinJustice, we are committed to spreading awareness and advancing the adoption of litigation funding across the MENA region. Our commitment is reflected in various initiatives, including education, thought leadership, and industry awareness.

As part of this mission, we are excited to announce the launch of our LinkedIn newsletter, “Litigation Funding MENA Insight”—the first dedicated newsletter in the region focusing on litigation funding. This initiative is particularly significant as it is led by a UAE-based company, bringing deep regional expertise and global perspectives.

Our newsletter will serve as a trusted resource, providing insights, case studies, and expert discussions on litigation funding. To ensure accessibility and reach, it will be published in both Arabic and English, making it the go-to platform for businesses, legal professionals, and investors interested in this evolving field.

The key Impacts on the Legal Industry: 

  • There is Enhanced Access to Justice: SMEs and individuals can now challenge well-funded opponents without financial barriers.
  • Market Competitiveness: The entrance of international funders has led to the adoption of global best practices, benefiting claimants.
  • Stronger Negotiation Leverage: With financial backing, businesses can negotiate settlements more effectively, knowing they have the resources to litigate if necessary.

Also, there are reports that litigation funding in the UAE increased by 40% over five years, with SMEs as the largest beneficiaries. Hence, we can say that litigation funding has become a crucial tool in the UAE’s evolving legal ecosystem. As regulatory clarity improves and market awareness increases, its role in providing financial access to justice will only strengthen.

2. In your experience, how do cultural and legal nuances in the UAE influence the way litigation funding investments are sourced and structured?

According to my experience, The UAE’s litigation funding market is shaped by deep-rooted cultural values and a dual legal framework that integrates both civil and common law principles. For anybody, understanding these nuances is essential for structuring investments effectively.

I can say that broadly Cultural & Legal Influences includes factors such as:  

Preference for Arbitration & Mediation:
    • The UAE business community traditionally favors dispute resolution methods like arbitration and mediation over lengthy court proceedings.
    • Litigation funders must tailor their models to prioritize arbitration financing, particularly for high-value commercial disputes.
Sharia Compliance & Islamic Finance:
    • Many UAE businesses operate under Islamic finance principles, requiring litigation funding models to be structured without interest-based arrangements.
    • Alternative funding structures, such as success-based fees and equity-sharing, are gaining traction.
Confidentiality & Reputation Sensitivity:
    • Businesses and high-net-worth individuals value discretion in legal matters.
    • Litigation funders must implement strict confidentiality agreements and strategic case management to ensure reputational protection.
Regulatory Variations Between Onshore & Offshore Jurisdictions:
    • Offshore jurisdictions (DIFC & ADGM) have explicit litigation funding regulations, making them attractive venues for funded claims.
    • Onshore courts lack clear regulations, requiring funders to conduct extensive due diligence before financing claims.
Government & Public Sector Sensitivities:
    • Disputes involving government-linked entities require additional compliance measures and strategic planning.
    • Litigation funders must account for potential regulatory scrutiny when financing such cases.

If you research, you may find incidents like Dubai-based firms have secured litigation funding for a contractual dispute against a overseas partner, leveraging the ADGM’s favorable legal framework.

Precisely speaking, Cultural and legal nuances make the UAE a unique but highly promising market for litigation funding. Tailored investment structures that respect local customs, regulatory landscapes, and business preferences are key to success. In fact, we estimate that 60% of funded cases in the UAE involved arbitration, highlighting the preference for ADR.

3. What are the chief concerns that litigation funders have when it comes to investment in the UAE, and how would you allay those concerns?

Actually, if you see, The UAE is rapidly emerging as a key market for litigation funding, but as with any evolving legal landscape, obviously funders have legitimate concerns about investing in the region. Addressing these concerns requires a deep understanding of the regulatory environment, enforcement mechanisms, and legal complexities that define the UAE’s legal system.

Few genuine concerns for Litigation Funders could be: 

Regulatory Uncertainty:
      • Unlike jurisdictions such as the UK and Australia, UAE’s onshore courts lack a well-defined framework for litigation funding.
      • Offshore jurisdictions like the DIFC and ADGM have established regulations, but clarity is still evolving in onshore courts.
Enforcement Challenges:
      • A favorable judgment does not always guarantee successful enforcement, particularly in cross-border disputes.
      • UAE’s legal system allows for appeals and potential delays in execution, which can extend the time before a funder sees returns.
Case Viability and Recovery Potential:
      • Funders must assess whether cases have strong legal merit and a high probability of success.
      • There is also concern over whether claimants will be able to recover awarded damages, particularly if assets are difficult to trace.
Judicial Discretion and Precedents:

UAE courts do not always follow strict precedents, which creates unpredictability for litigation funders who rely on historical case outcomes for underwriting decisions.

However, the good thing is we can address these concerns through initiating appropriate measure, like:

Leverage Offshore Jurisdictions:
    • Encouraging claimants to litigate within DIFC or ADGM courts can provide a more predictable legal framework with explicit third-party funding regulations.
Comprehensive Due Diligence:
    • Litigation funders should conduct thorough case assessments, including analyzing asset recovery potential before committing to funding.
Enforcement Planning:
    • Collaborating with asset recovery firms and legal experts to ensure judgments are enforceable across jurisdictions.
    • Utilizing treaties such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Risk-Sharing Mechanisms:
    • Structuring agreements with contingency elements can mitigate risks.
    • Working with law firms that offer success-based fees ensures that all stakeholders are aligned in their objectives.

To summarise, The UAE is a lucrative but complex market for litigation funders. By strategically selecting jurisdictions, conducting robust due diligence, and leveraging international enforcement treaties, funders can mitigate risks and take advantage of the growing demand for litigation finance in the region.

4. How do you manage duration and collectability risk? Are these more acute in the UAE than in other jurisdictions, and if so, how impactful are these to your underwriting criteria?

At WinJustice, we firmly believe that managing duration and collectability risk is one of the most critical aspects of litigation funding. In the UAE, these risks can be more significant due to procedural timelines and enforcement challenges. However, with a structured and strategic approach, they can be effectively mitigated. This is precisely what we implement at WinJustice—ensuring that every case is managed with precision, minimizing risks while maximizing successful outcomes.

Lets understand Duration and Collectability risks:

Duration Risk:
      • Court proceedings in UAE onshore courts can take longer due to multiple appeal stages.
      • Arbitration cases tend to resolve faster, particularly within DIFC and ADGM jurisdictions.
Collectability Risk:
      • Even if a judgment is awarded, claimants may face difficulties in collecting damages.
      • Defendants may shift or conceal assets, making enforcement challenging.

Our suggested strategies to manage these risks are:

1. Prioritize Arbitration Cases:

      • Arbitration is often faster than litigation and provides clear enforcement mechanisms.
      • DIFC and ADGM arbitration courts have robust mechanisms for enforcing awards internationally.

2. Early Case Assessment & Due Diligence:

      • Before funding a case, funders must evaluate the financial stability of the defendant and whether they have recoverable assets.
      • Engaging forensic accounting experts helps in asset tracing.Structuring Litigation Agreements with Milestones:
      • Including timelines in funding agreements helps ensure claimants and their legal teams are progressing cases efficiently.
      • Phased funding disbursements can incentivize timely case resolution.Working with Local Legal Experts & Asset Recovery Teams:
      • Partnering with firms specializing in UAE asset recovery and judgment enforcement can strengthen collectability efforts.

If we compare UAE to Other Jurisdictions:

    • UAE vs. UK: UK has established litigation funding precedents, making duration risk lower.
    • UAE vs. US: US litigation is costly but has a well-defined process for class action and third-party funding.
    • UAE vs. Singapore: Singapore offers a structured approach similar to DIFC, making it a comparable market.

Therefore, while duration and collectability risks are slightly higher in UAE than in more mature markets, leveraging arbitration, strong due diligence, and phased funding agreements can significantly reduce risks for litigation funders.

5. How do you envision the future of litigation funding in the Middle East over the next 5-10 years, and what key trends or developments do you believe will shape this future?

In my opinion, Litigation funding in the Middle East is at an inflection point. Over the next decade, the region will witness increased adoption of legal financing, supported by regulatory advancements, growing market awareness, and technological integration.

Some of major trends & developments shaping the Future, are like

Regulatory Evolution:
      • Onshore UAE courts may introduce formal litigation funding regulations, similar to DIFC and ADGM frameworks.
      • Governments in Saudi Arabia and Qatar are exploring third-party funding regulations, expanding the regional market.
Increased Market Adoption:
      • More law firms and corporate clients will turn to litigation funding, especially in high-value commercial disputes.
      • The construction and real estate sectors, which are prone to disputes, will see a rise in funding demand.
Technology & AI in Case Evaluation:
      • Artificial Intelligence (AI) will play a key role in risk assessment, helping funders predict case outcomes with higher accuracy.
      • AI-powered analytics will enhance due diligence and underwriting processes.
Expansion of Alternative Dispute Resolution (ADR):
      • Arbitration is expected to dominate litigation funding in the region due to faster resolution timelines and enforceability.
      • Growth of regional arbitration centers such as DIAC (Dubai

International Arbitration Centre) will further facilitate funded cases.

Entry of Global Players & Institutional Investors:
      • Large international litigation funders are likely to enter the Middle East, increasing competition and refining best practices.
      • Institutional investors, including hedge funds and private equity firms, will seek exposure to litigation funding as a diversified asset class.

Yes, there could be some challenges that may shape the future, like:

    • Ensuring ethical litigation funding practices to prevent frivolous lawsuits.
    • Balancing regulatory oversight with industry growth to maintain market credibility.

So, the next 5-10 years will see the Middle East, particularly the UAE, become a key hub for litigation funding. With regulatory progress, market maturity, and technological advancements, the region is poised for significant growth in third-party legal financing, offering both opportunities and challenges for funders and legal professionals alike.

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About the author

Obaid Mes’har

Obaid Mes’har

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An LFJ Conversation with Ken Epstein and Matt Leland, Co-Founders, Backlit Capital Solutions

By John Freund |

Ken Epstein is a co-founder and principal of Backlit Capital Solutions and brings 25 years of experience in bankruptcy law, commercial litigation, restructuring and finance. Ken leverages his deep industry expertise to provide tailored solutions for companies, law firms, investors, and individuals navigating complex litigation and financial restructuring challenges.

Prior to co-founding Backlit, Ken was a Senior Investment manager and Legal Counsel in the New York office of Omni Bridgeway, a legal finance and risk management company, where he led the company’s U.S. insolvency litigation finance platform. In this role, he originated, structured, and managed a diverse portfolio of legal assets, playing a key role in many of the firm’s most significant transactions. Prior to his tenure at Omni Bridgeway, he was a managing director at MBIA, a public financial services company, where he led large-scale initiatives and crisis management efforts. He was also on the board of directors of MBIA Services Corp. Ken started his career as a lawyer at Cadwalader, Wickersham & Taft, where he specialized in financial restructuring and corporate bankruptcy law.

Ken graduated from Brooklyn Law School (cum laude) and holds an accounting degree from the University of Maryland. Ken has also served as an adjunct professor of bankruptcy law at Cardozo Law School. He has been recognized in Who’s Who Legal: Thought Leaders – Third Party Funding Guide and the LawDragon Global Restructuring Advisors & Consultants Guide.

Matt Leland brings over 20 years of experience in commercial litigation and litigation finance to Backlit Capital Solutions.  Most recently, Matt was as an Investment Manager and Legal Counsel in the Washington, D.C. office of Omni Bridgeway.  There, Matt sourced and evaluated funding opportunities, negotiated deal terms, and monitored funded matters through to resolution.

Before Omni Bridgeway, Matt served as partner and as a commercial litigator for nearly two decades at AmLaw 100 firms King & Spalding LLP and McDermott Will & Emery LLP, experienced in all facets of civil litigation, including appeals, trials, arbitrations, and mediations. He successfully represented corporate clients engaged in diverse legal issues including government reimbursement claims, contractual disputes, unfair business practices, deceptive trade practices, civil RICO, and trademark infringement. Over his career, Matt helped clients recover hundreds of millions in damages and has extensive experience working closely with corporate executives and in-house counsel to develop budgets, fee structures, and strategies for all phases of litigation, including early case assessment, discovery, trial, and settlement. He has repeatedly been recognized in peer-reviewed guides including The Best Lawyers in America, Legal 500, and Super Lawyers.

Matt received his Juris Doctor from Georgetown University Law Center, where he was the Publications Director for The Tax Lawyer and The State and Local Tax Lawyer. He earned his B.A. in Political Science from the University of New Hampshire.

While earning his law degree, Matt was as a top aide for former U.S. Senator and Congressman John Sununu, after serving previously as the Deputy Campaign Manager on Mr. Sununu’s first campaign.

Below is our LFJ Conversation with Ken and Matt: Could you elaborate on Backlit Capital's approach to fundraising support for law firms, particularly start-ups, and what key factors contribute to successful fundraising in today's market?

There’s been no better time to be a law firm seeking financing, as new investors enlarge the funding universe and options multiply. However, the landscape can be daunting and complex.  We invite those firms to take advantage of our experience.  We have spent years on the funding side of negotiations - evaluating claims and risks - and understand the nuanced distinctions between a fundable investment and one that gets passed over by litigation funders, lenders, and alternate investment sources.

Rather than simply connecting lawyers to potential sources of capital, we collaborate with firms, no matter their experience level, to implement comprehensive strategies that achieve specific financing goals.  We showcase the potential of their assets with smart strategic positioning and precise financial modeling to address the investment concerns of potential funding sources. And to drive successful fundraising, we help firms provide transparency with risk profiling, highlight their operational credibility, and seize upon tactics to mitigate unpredictability so that the firm can showcase high-grade opportunities.

Finally, to ease the burden of this process, we provide end-to-end transaction management.  We take on all of the complex and time-consuming tasks associated with legal funding so that clients can focus on providing first-rate legal services.

With the increasing complexity of legal finance, what innovative risk management strategies does Backlit Capital employ to mitigate potential losses for investors and lenders?

We appreciate that these are high-stakes transactions for both the investor and the claimant and our review is disciplined, transparent and robust. Each transaction is different and we provide additional services depending on the client’s need, but here’s how we approach every opportunity:

  • Early-Stage “Pressure Testing”:  We test key legal theories, jurisdictional issues, damages, and enforcement risk with input from independent experts before approaching funders. Backlit will only move forward with quality transactions that bring clear value to all parties. Our funders know that we’ve done the work and stand behind every law firm and claimant we represent.
  • Contingent Insurance Products:  Whether for judgment preservation or adverse cost coverage, we’ll provide detailed financial modeling and help source appropriate products that can reduce litigation risk and, in turn, improve pricing or expand access to capital.
  • Post-funding Oversight:  We offer ongoing monitoring of case progress, legal developments, and emerging risks.  Our proactive oversight, combined with strategic advisory services, allow for early adjustments to protect investments and provide better measures of valuation as the investment moves through the litigation process. Further services include exploration of secondary market options when an investor wants to acquire or monetize a litigation asset.

By combining deep legal and financial expertise with market tools, Backlit ensures that risk is not just identified, but actively managed.   

How does Backlit Capital stay ahead of emerging trends in legal finance, and what future developments do you anticipate will significantly impact the industry?

We’re always focused on potential shifts in the market.  At Backlit, our experience comprises not only litigation finance, but also decades of credit analysis, restructuring, commercial litigation, and government policymaking.  This expertise enables us to identify how trends in financial, legal, and public sectors might influence litigation funding, and this positions Backlit extremely well for what we see as the biggest catalyst in the market – the addition of significant new funding capacity driven by new investors in the sector, like hedge funds, family offices and middle-market institutions. This provides a great opportunity for claimants and law firms looking for funding, but also injects unprecedented complexity into the marketplace.

At Backlit, we developed our services to not only identify, but capitalize, on opportunities for clients on either side of these transactions. Our connections with and understanding of the private capital space allow Backlit to find and structure deals that address the financial, operational and reporting requirements of all parties. As this market continues to grow, we’re positioned to create exciting new investment opportunities for funders and drive strong deals for clients seeking capital.

Can you share insights into a recent successful deal Backlit Capital facilitated, highlighting the unique challenges and solutions implemented?

We expect that over time, most of our business is likely to be on the brokerage side and we are actively working with numerous clients to develop solutions to their diverse funding needs. In the short period since our launch there are two particular engagements that demonstrate the breath of the services we offer beyond traditional funding.

In the first, we have been engaged as an expert in a multibillion-dollar, high-profile bankruptcy litigation to assist a private equity client in the valuation of a complex litigation asset. Backlit has provided counsel, analytics and testimony in support of the client’s position. Our broad in-house capabilities and market expertise allow us to quickly analyze and deliver valuations that support our clients’ goals and survive deep scrutiny.

We have also been engaged on a project basis to help a large multi-billion dollar investment fund evaluate, structure and close a large loan transaction backed by a legal claim.  The borrower’s existing lending relationship ended when the share collateral was involuntarily converted into a legal claim due to litigation surrounding a merger of the entity that had issued the shares.  This was a time sensitive transaction with high stakes for all involved. Selecting legal counsel, working through conflicts, providing assistance on the unique features of legal finance - a discreet asset class - as part of the diligence and in-house deal team was a rewarding experience.

In the context of distress and insolvency, what specific pre- or post-Chapter 11 assistance strategies have proven most effective for Backlit Capital in maximizing creditor trust and claims management?

While we work across sectors, we have a proven specialty in maximizing litigation assets for entities in financial distress and insolvency. Claimants facing the challenges of bankruptcy often have few other meaningful assets, and are extremely capital-restricted in their ability to effectively pursue damages. Additionally, these parties have fiduciary duties that need to be satisfied fully and transparently. Running a robust marketing process and ensuring best pricing is in the best interest of the estates, will enable the trustees to defend their fiduciary decisions if challenged, and given the multiple interests in the case, ensure a fair process and optimization of assets.

With such complex interests to manage, these clients demand specialized approaches that differ significantly from traditional commercial litigation support.

  • Funding for the debtor or trustee: We can help a debtor, bankruptcy trustee or litigation trustee secure funding to pursue legal claims (e.g., fraudulent transfer, preference, breach of fiduciary duty) or help support ongoing administrative costs. Our process ensures all parties are comfortable with transparency, discipline and reporting.
  • Funding for creditors and committees: We can help creditors and committees push back on a debtor’s attempt to bury valuable claims because they don’t benefit management or insiders.  Consulting with us early in the process can help add negotiating leverage and drive up recoveries.
  • Sale or assignment: When parties want to divest all or part of an estate asset, we can help sell or assign litigation claims and judgments, accelerating recoveries and ensuring a minimum return to stakeholders.
  • Post-confirmation litigation trusts: When establishing a post-confirmation trust to investigate and prosecute claims, we can help drive a competitive process, ensuring that the trust is adequately funded and that key professionals are fairly compensated for their work.
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An LFJ Conversation with Juliana Giorgi, General Counsel for Latin America at Loopa Finance

By John Freund |
Juliana Giorgi Is a Colombian lawyer and holds a law degree from Spain, with postgraduate studies in international arbitration. She has over 15 years of experience in consulting, litigation, domestic and international arbitration, and alternative dispute resolution mechanisms. Below is our LFJ Conversation with Juliana Giorgi: Could you elaborate on Loopa Finance’s specific investment criteria when evaluating potential litigation and arbitration funding opportunities in Latin America and continental Europe? The first and foremost consideration in our investment decision-making process is to conduct a rigorous due diligence procedure aimed at maximizing the likelihood that the fund is making a sound investment.  To this end, we follow a two-tiered analysis process comprising both internal and external legal due diligence. The internal review is carried out by our in-house legal team, while the external review is conducted by top-tier law firms retained specifically for this purpose. During these due diligence phases, counsel will thoroughly review the case documentation and information provided by the claimant. To be eligible for funding, the case must meet the following minimum criteria:
  • Financial metrics: The amount of funding sought and the value of the claim must be reasonable and proportionate.
  • Duration: The maximum timeframe the fund is willing to wait for a return on its investment is five years.
  • Respondent’s solvency: There must be sufficient evidence to reasonably conclude that the opposing party has the financial capacity to satisfy a potential award.
  • Merits of the claim: The likelihood of success must be high, based on a legal and factual assessment.
How does Loopa Finance manage the risks associated with funding litigation and arbitration cases, particularly in regions with varying legal systems and enforcement mechanisms? Variability—and even instability—in legal systems is not necessarily a negative factor. On the contrary, it can be advantageous for the litigation funding industry, as it often leads to a higher volume of disputes, thereby generating a broader pool of investment opportunities. What is particularly noteworthy is that legal instability in a given country does not automatically translate into judicial instability or unpredictability in adjudication. In fact, while fluctuations in substantive law may lead to more disputes, the procedural rules and the competence of the adjudicating authorities often remain stable and reliable. This enables us to reasonably forecast litigation outcomes. That said, we recognize that external factors unrelated to the merits of a case may still influence its resolution. To mitigate such risks, our team includes highly trained and internationally experienced dispute resolution lawyers. This internal capability is further reinforced through the engagement of top-tier law firms to conduct independent due diligence, as previously outlined. Finally, we are fully aware that there are exceptional jurisdictions where the level of systemic instability makes outcome predictability unfeasible or where adverse rulings may result from extrinsic factors. In such cases, we simply refrain from investing in disputes arising in those jurisdictions. Since Loopa Finance operates with its own capital, how does this influence your investment strategy and decision-making process compared to firms that use external funding? Operating with our own capital allows us to act with greater agility and make swift investment decisions without relying on third parties, external processes, or outside funding sources. This autonomy is particularly valuable when participating in a “beauty contest” among funders. In such competitive processes—where multiple funds vie for the opportunity to finance a case—clients place a premium on the funder’s ability to respond quickly and decisively. The ability to independently negotiate commercial terms, assess client counteroffers, and move expeditiously through the decision-making process is critical. In this regard, Loopa holds a significant competitive advantage. What impact has Loopa Finance’s funding had on access to justice and the resolution of legal disputes in Latin America and continental Europe? Broadly speaking, our service has a significant social impact and contributes meaningfully to the administration of justice.  On the one hand, we provide the financial resources necessary for a party with a meritorious claim—who may otherwise lack the means to pursue it—to bring their case forward. In doing so, our involvement facilitates access to justice. On the other hand, our service promotes the principle of “equality of arms.” In many disputes, there may be a significant disparity in the financial capabilities of the parties. While the economically stronger party can afford to retain top-tier legal representation, the weaker party may not have such access. Litigation funding helps level the playing field, enabling both sides to secure high-caliber legal counsel and pursue the dispute on more equitable terms. Can you discuss any recent trends or developments in the litigation and arbitration funding landscape that are influencing Loopa Finance’s strategies and priorities? We are a technology-driven litigation fund with operations across Latin America and Europe. The fund has been active since 2019 and has experienced significant growth in recent years. As our operations expand, we have identified several key trends shaping the markets in which we operate: Market Growth Across Jurisdictions While there are substantial differences between the Latin American and European markets, we are seeing growth in both regions.
  • In Latin America, where the litigation funding industry is still in its early stages and claims tend to be smaller in value, we have observed increasing demand and a rising number of funding inquiries. We are funding more cases—particularly in the energy, mining, oil & gas, construction, and infrastructure sectors.
  • In Europe, our activity has increasingly shifted toward portfolio funding, which provides greater risk diversification and operational efficiency. We are also seeing the rise of hybrid funding structures, involving partnerships with insurers and specialized litigation finance products tailored to complex cases.
Moreover, there has been notable growth in environmental and consumer rights litigation, which amplifies the corporate accountability dimension of our portfolio and enhances the social impact of our investments. Integration of Technology and Artificial Intelligence As a technology-based fund, technology underpins every aspect of our operations. Our team includes not only lawyers but also software engineers who have developed a proprietary platform to support the fund’s end-to-end operations. This platform supports the commercial management of leads, case sourcing, and comprehensive case tracking, from legal analysis and economic structuring to contractual execution and post-investment monitoring. It features a wide range of functionalities and is under continuous development. We are consistently integrating advanced tools into the platform, including AI modules to support legal review, machine translation, and data analytics tools, all aimed at increasing the efficiency and accuracy of our case assessment and management processes.
LFJ Conversation

An LFJ Conversation with Bo Moss, President of Bridgehead Legal Capital

By John Freund |

Bo Moss is the Co-Founder and President of Bridgehead Legal Capital. A former litigator in Atlanta and Charlotte, Bo earned a reputation for being a tough but fair adversary. His deep understanding of the legal landscape led him to a Charlotte-based litigation funder, where he leveraged his litigation background to successfully underwrite and tailor loans for contingency fee law firms nationwide.

Since co-founding Bridgehead with Scott Richards and Megan Baer in 2021, Bo has spearheaded the company's mission to provide accessible capital to contingency fee lawyers. Under his leadership, Bridgehead has engaged in over 150 transactions, demonstrating his strategic vision and operational excellence. Bo is a graduate of The University of the South (Sewanee) and Samford University Cumberland School of Law.

Below is our LFJ Conversation with Bo Moss:

Bridgehead Legal Capital emphasizes "Freedom Through Funding" and aims to be a long-term partner. Can you elaborate on how this mission guides your approach to client relationships and what specific long-term benefits firms can expect beyond just capital?

"Freedom Through Funding" isn't just a catchy phrase for us; it's the core of how we do business. As former litigators ourselves, we see every client relationship as a real partnership, all about helping you achieve sustained growth. So, beyond just giving you capital, here's what else firms gain:

  • Smart Advice: We share insights on things like case selection, portfolio management, and growth strategies, drawing directly from our own legal experience. This makes sure our funding acts as a real boost for well-thought-out, lasting expansion.
  • More Control: Our predictable capital gives your firm greater financial freedom. That means less pressure to settle cases too soon, the ability to invest in top-notch experts or the latest tech, and the capacity to take on more truly meritorious cases.
  • Better Portfolio Management: We work hand-in-hand with you to understand your entire case pipeline, helping you spot opportunities to leverage your existing assets for future growth.
  • We're Nimble and Responsive: We anticipate your evolving needs and quickly adapt, offering agile solutions that truly support your journey. We build relationships based on trust and a shared vision for success.

Your services include both Portfolio Loans and Asset Purchase Loans. For a small to mid-sized plaintiff law firm, how do you help them determine which product is the most advantageous for their specific financial needs and case pipeline?

Great question. When it comes to choosing between Portfolio Loans and Asset Purchase Loans, it really comes down to your firm's specific needs and what your case pipeline looks like. We don't do cookie-cutter solutions; instead, we go through a thorough, collaborative process:

  • What are Your Goals? We kick things off by figuring out what you're really trying to achieve – whether it's managing daily expenses, investing in marketing, funding a big, complex case, or growing your team.
  • Looking at Your Pipeline:
    • Portfolio Loans are usually best for firms with a diverse, ongoing stream of contingency cases. They let you tap into the collective value of your active cases, giving you consistent cash flow for general operations or bringing in new clients.
    • Asset Purchase Loans are a better fit if you have specific, high-value, well-developed cases. This lets you monetize a portion of the expected future recovery from that particular asset, giving you a bigger lump sum for targeted investments like major trial expenses.
  • Comfort with Risk: We'll chat about your comfort level with recourse and how different repayment structures fit your risk appetite.
  • Future Cash Flow: We'll project your future cash flow to show how each product impacts your financials, making sure the chosen solution genuinely helps your firm's health.

Ultimately, our job is to guide you in making a smart, strategic decision that truly aligns with your unique business model.

Bridgehead Legal Capital highlights its ability to unlock greater funding for plaintiff law firms by recognizing the value of their case portfolios. Could you explain the unique aspects of your underwriting process that allow you to assess and leverage these portfolios more effectively than traditional lenders?

Our ability to unlock more funding really comes down to our unique underwriting process, which is a big departure from traditional lenders who often just don't have our legal finance expertise:

  • Litigator-Led Due Diligence: This is huge for us. Since many on our team, including founders, are former litigators, we inherently understand case merits, legal strategy, and the practicalities of litigation. We analyze legal strengths, attorney experience, jurisdiction, and potential settlement ranges, letting us accurately evaluate the true value of a portfolio where others might only see uncertainty.
  • Our Own Valuation Models: We've built sophisticated, proprietary models that dig deep into factors specific to contingency fee litigation. This includes case type, complexity, damages assessment, jurisdictional nuances, and historical performance, allowing us to accurately value future earning potential.
  • Portfolio Diversification Analysis: We're really good at understanding the collective strength of an entire portfolio of cases. By looking at diversification by type, litigation stage, and estimated value, we see a more stable asset, which in turn allows us to offer more substantial funding.
  • Looking Forward: Unlike banks that often just look at past performance, we focus on the future earning potential of your active cases, assessing success probability and expected recovery.
  • Relationship-Based Assessment: Our underwriting isn't just numbers; it's also about understanding your firm's operational efficiency, management capabilities, and overall business strategy. This holistic view gives us a more complete picture of your firm's creditworthiness.

This unique blend of legal expertise, sophisticated modeling, and a forward-looking, relationship-based approach is what allows us to leverage your case portfolio so much more effectively than traditional lenders.

The website mentions categories of loans such as "Start-up," "Case Investments," and "Growth Loan." How do you tailor the terms and support for a start-up firm compared to an established firm seeking a growth loan?

We know a brand-new firm has totally different needs than an established one looking to expand. That's why we tailor our loan terms and support accordingly:

For Start-up Firms:

  • Terms: These loans are all about providing that essential working capital to get a solid foundation (think office space, tech, initial marketing, overhead). Repayment structures are often more flexible, maybe with interest-only periods or deferred principal payments, so you can focus on building your case pipeline. Our underwriting here really emphasizes your business plan, the founders' individual legal track records, and how viable your practice area is.
  • Support: As former litigators, we offer invaluable mentorship on building a practice, from getting clients to managing cases efficiently. We can also connect you with other professionals in our network and provide scalable funding solutions as your firm matures.

For Established Firms (Growth Loan):

  • Terms: These loans are primarily based on the proven value and predictable cash flow of your existing case portfolio, meaning much larger funding amounts are possible. With a solid track record, you'll typically qualify for more favorable interest rates and longer repayment periods. The terms are specifically designed to support your growth initiatives, whether that's expanding into new practice areas or acquiring another firm.
  • Support: We provide advanced analysis of your portfolio, helping you spot opportunities for greater efficiency and profitability. We offer data-driven market insights and can help brainstorm strategies for expansion. For complex growth plans, we can even structure customized financial solutions.

Our whole philosophy is about making sure you get the right capital at the right time, with the right level of tailored support, so your firm, no matter its stage, can hit its full potential.

 Given the fast approval process and funds typically delivered within two weeks, what are the key factors that contribute to this efficiency, and what advice would you give to firms to ensure a smooth and rapid funding experience?

Our quick approval process and getting funds to you within two weeks really comes down to our specialized focus and streamlined operations:

  • Specialized Expertise: We only do law firm financing. Our team can quickly and accurately assess legal assets without needing a ton of outside help. We just get the nuances.
  • Streamlined Due Diligence: We've developed a super efficient process that focuses only on the critical information. We know what we need, and we don't ask for extra paperwork. Our internal systems are built for fast data intake and analysis.
  • Agile Structure: As a private lender, we're simply less bureaucratic than big banks. That means quicker internal approvals and faster movement from your application to you actually receiving the funds.

To make sure your funding experience is as smooth and fast as possible, here's my best advice:

  • Be Prepared and Organized: Have your firm's financial statements (past 2-3 years) and a detailed list of your active contingency cases (type, stage, estimated value, deadlines, and expenses) all ready to go. The more organized you are, the faster we can move!
  • Know Your Needs: Clearly tell us exactly how much capital you need and what you plan to do with it. Saying something to us like “Well I am not entirely sure, maybe something in the range of _____” does not give us confidence that the firm has really spent the requisite amount of time properly reflecting upon their current and future funding needs and how our money is going to be used to assist in growing the firm.
  • Designate One Point Person: Pick one person at your firm to be our main contact. This really helps streamline communication.
  • Be Responsive: Our efficiency relies on your quick responses to any information requests or clarifications. The faster you get us what we need, the faster we can get you funded!

By partnering with Bridgehead Legal Capital, you're not just getting capital; you're gaining a strategic ally genuinely committed to your long-term success.