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JurisTrade Litigation Asset Marketplace Launches Phase 1 Rollout with over $70 Million in Litigation Funding Opportunities

By Harry Moran |
March 19, 2025

JurisTrade Litigation Asset Marketplace Launches Phase 1 Rollout with over $70 Million in Litigation Funding Opportunities

The JurisTrade Platform soft-launched last week with over $70 million in litigation funding opportunities in single cases, funding mass tort dockets and law firm refinancing.

The JurisTrade Litigation Asset Marketplace (“JurisTrade’) provides a transparent electronic platform which facilitates both primary funding opportunities in litigation finance, as well secondary sales of such interests.

The potential market for litigation finance ranges in the several $100s billions, of which only $30 billion is currently funded. JurisTrade is designed to unlock this large unmet demand through its liquid and transparent marketplace.

The litigation finance ecosystem has been clamoring for years for this type of market solution. Similarly to many other major asset classes, JurisTrade was built on a foundation of industry standardization, transparency and process streamlining, which eliminates uncertainty and, thus, attracts liquidity for litigation finance, a bona fide uncorrelated asset class.

Clients of JurisTrade include institutions, law firms, litigation finance funds, and family offices.

JurisTrade’s Phase I rollout includes nine diverse investment opportunities including a high-profile single case, a judgment monetization case, a law firm debt refinancing case, and several mass action-related cases. An OTC service desk is being offered to assist our clients in negotiating terms and structuring all manners of trades and vehicles, among other things. Other market features, technology, and analytics will be offered soon.

Typhon Capital Management, Larry Hite, and two notable family offices are sponsors of JurisTrade, and JurisTrade will be leveraging their collective expertise and experience. Typhon, in particular, provides trading operations on JurisTrade. Clients can use JurisTrade to directly engage in claims trading, such as bankruptcy and mass tort, then leverage Typhon to invest in or create custom passive funds holding any manner of litigation interests or loans, and actively managed funds, such as thematic claim trading, market making, or activist litigations. Typhon can also structure insurance wrappers around litigation-focused investments.

The senior management team of JurisTrade includes James Koutoulas as CEO, Kevin J.P. O’Hara as Chairman, Shawn Hartpence as Chief Commercial Officer, and Andrew Barroway and Larry Hite as strategic limited partners.

“Mr. Koutoulas is a seasoned hedge fund manager and attorney with a unique skillset encompassing derivatives-trading, complex bankruptcy and class action litigation, and software development making him the perfect CEO to bring the emerging asset class of litigation assets to a wider audience. He and I share similar philosophies on structuring vehicles with asymmetric, positively-skewed, and uncorrelated return profiles which will be much appreciated in the litigation investing world,” said Larry Hite, Founder of Hite Capital.

“Similarly, Mr. O’Hara’s previous C-suite roles at NYSE, CBOT, Archipelago and Gulf Finance House, and as an attorney at the SEC and his financial markets development in Eastern Europe, provide JurisTrade with one of the most accomplished exchange experts to steer our growth.”

“Larry Hite is a pioneer of two assets classes – commodity trading and litigation assets. Larry is an original ‘Market Wizard’ and we are humbled to have him as a founding partner and advisor to JurisTrade,” said James Koutoulas, CEO of JurisTrade.

Please sign up to view our initial inventory and be kept up to date at www.juristrade.com.

About Larry Hite:

Larry Hite is a legendary commodities trader and one of the founders of systematic trading. Mr. Hite founded Mint Capital, which was the largest CTA in the world by AUM in 1990. He has since been an active investor in litigation assets where he has invested in thousands of cases.

About Typhon Capital Management:

Typhon Capital Management, led by CEO James Koutoulas, is a multi-strategy hedge fund and platform specializing in tactical futures, quantitative, and cryptocurrency trading. Typhon creates custom portfolios and structured products for institutional investors and wealth management firms and is headquartered in Miami Beach. Mr. Koutoulas also was lead customer counsel in the MF Global bankruptcy, leading the recovery of all $6.7 billion in customer assets.

About Kevin J.P. O’Hara:

Kevin J. P. O’Hara has a decades-long career in business, law and regulation, entrepreneurship, technology, international, investing, and post-graduate teaching. Mr. O’Hara is an active angel investor with several successful exits, including sales to LinkedIn, PayPal, and IQVIA. He has a plethora of private and public company board and governance experience.

He was previously: (1) a C-suite member at CBOT, NYSE, Archipelago, and Gulf Finance House (Bahrain); (2) an attorney at the SEC, DOJ, and a major Chicago law firm (products liability and mass tort defense)(3) a law and business school lecturer at Northwestern University and Loyola University; and (4) an in-county financial and economic advisor in Eastern Europe in 1990s.

About Shawn Hartpence:

Shawn Hartpence has over a decade of experience advising law firms, litigation fund managers and institutional investors on capital formation and litigation investment. Areas of expertise include mass tort portfolio funding, secondary mass tort portfolio trading, single-case funding, portfolio funding, single-case monetization, and capital introduction for niche litigation strategies. Mr. Hartpence is a partner at Ocasio Mass Tort Law, a DC Law Firm and a Board Member of a cutting-edge AI Litigation assessment company.

About Andrew Barroway:

Andrew Barroway is a distinguished litigator and hedge fund manager with a proven track record of success in the investment world. He previously built Barroway, Topaz, Kessler, Meltzer, & Check, LLP, the second largest securities class action firm in the country, and helped lead the $3.2 billion settlement of Tyco Ltd. International. At Merion Investment Management, Mr. Barroway invented the appraisal rights arbitrage trade where he managed $1.2B in the near-riskless strategy, annualizing 13.25% net for 12 years. Mr. Barroway is a strategic limited partner in JurisTrade and the senior portfolio manager of our upcoming Cerus Litigation Fund.

About the author

Harry Moran

Harry Moran

Commercial

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Commercial

MWE Guide Outlines Compliance Priorities for Litigation Fund Managers

By John Freund |

Fund managers exploring or operating within the litigation finance space face a complex and often underappreciated regulatory landscape. A recent guide from McDermott Will & Emery provides a detailed roadmap for how litigation fund managers can navigate this evolving environment, with a particular focus on securities laws, fiduciary obligations, and conflicts of interest.

The memo serves as a primer on key legal considerations, especially for those managing funds in the United States or marketing to U.S. investors. It emphasizes that litigation finance funds may be subject to the same regulatory scrutiny as traditional investment vehicles. Managers must consider registration requirements under the Investment Advisers Act of 1940, as well as exemptions, such as those for foreign private advisers or venture capital fund advisers. The authors also explore the application of the Investment Company Act of 1940, cautioning that even non-traditional funds can be pulled into regulatory oversight if structured improperly.

Fiduciary duties take center stage in the memo’s discussion of fund governance. Managers are reminded that they owe duties of care and loyalty to their investors, which can become complicated in litigation finance where the fund’s interests may diverge from those of claimholders or legal counsel. Disclosure, consent mechanisms, and robust internal compliance protocols are strongly recommended to mitigate potential conflicts.

The guide also highlights the increasing focus by regulators and policymakers on transparency and ethical boundaries within the litigation finance industry. Fund managers are urged to prepare for heightened scrutiny and evolving disclosure expectations.

Commercial Regulatory Issues

Op-Ed in The Hill Targets Foreign Investment in Litigation Funding

By John Freund |

A growing chorus of voices is calling for greater scrutiny of third-party litigation funding, with a new op-ed warning that opaque capital is compromising the integrity of the U.S. civil justice system.

An opinion piece in The Hill by Lindsay Lewis and Phil Goldberg of the Progressive Policy Institute argues that American courtrooms are being quietly transformed into a financial marketplace, with hedge funds, foreign sovereign wealth funds, and other investors channeling billions into U.S. litigation. The authors highlight an alleged lack of disclosure, warning that litigation funders can influence or outright control high-value cases, often without the knowledge of courts, litigants, or the public.

The litigation funding industry has long cited a lack of evidence regarding such accusations, yet the pressure from industry critics persists. The article points to mass torts as a flashpoint for abuse, claiming funders are building lawsuits “too big to fail” by bankrolling advertising campaigns and scientific claims to pressure companies into mass settlements regardless of the merits.

The op-ed also echoes previously-made critiques around national security and economic concerns, citing recent reports of Chinese, Russian, Saudi, and Emirati-backed funds investing in U.S. litigation. These foreign entities, the authors argue, could use lawsuits to access sensitive corporate data or strategically target American companies, all while avoiding U.S. taxes on any litigation proceeds.

Lewis and Goldberg call for reforms mandating disclosure of litigation funders, establishing ethical walls between financiers and legal strategy, and regulating foreign involvement in U.S. lawsuits.

Commercial Regulatory Issues

Increased Access to Justice for Claimants to Take on Powerful Organisations in Court

Ordinary people will have greater access to justice thanks to Government’s plans for legislation to help claimants receive the funding they need to take on powerful organisations in court.    

Since the Supreme Court ruling in PACCAR in 2023, claimants have faced uncertainty about whether they can secure funding from third parties in order to bring a civil case against a well-resourced opponent.  

Third-party litigation funding allows people to bring complex legal cases against powerful organisations when they cannot afford the costs themselves. Under these arrangements, a funder pays for the legal case in exchange for a share of any compensation won.   

The PACCAR judgment, which classed these funding arrangements as “Damages Based Agreements”, made it harder to access to third-party funding and has resulted in a drop in collective action lawsuits. Today, the government is confirming that it will take action to remove this barrier to justice by clarifying that Litigation Funding Agreements are not Damages Based Agreements, protecting victims and claimants.   

Minister for Courts and Legal Services, Sarah Sackman KC MP, said:  “The Supreme Court ruling has left claimants in unacceptable limbo, denying them of a clear route to justice. Without litigation funding, the Sub-postmasters affected by the Horizon IT scandal would never have had their day in court. These are David vs Goliath cases, and this Government will ensure that ordinary people have the support they need to hold rich and powerful organisations to account. Justice should be available to everyone, not just those who can afford it."   

David Greene, co-president of the Collective Redress Lawyers Association (CORLA) said: “This announcement is good news for ordinary people seeking access to justice. However, whilst the government has recognised the urgent need to reverse PACCAR, the proposal to regulate litigation funding agreements as part of the proposed legislation is likely to add considerable delay. We therefore urge the government to introduce an urgent bill to reverse PACCAR, and that the thornier issue of what light touch regulation of litigation funding might look like be considered separately.”

The UK’s legal services industry is worth £42.6 billion a year to the economy, with a highly skilled workforce of 384,000.  

A new framework will ensure that agreements are fair and transparent, so that third-party litigation funding actually works for all those involved.  These changes follow a comprehensive and wide-ranging review by the Civil Justice Council (CJC), published earlier this year. The government will continue to consider the recommendations set out in the CJC review.