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An LFJ Conversation with Logan Alters, Co-Founder & Head of Growth at ClaimAngel

By John Freund |

An LFJ Conversation with Logan Alters, Co-Founder & Head of Growth at ClaimAngel

Logan Alters is the Co-Founder and Head of Growth at ClaimAngel, the nation’s first transparent legal-funding marketplace. He built the company from a concept into a nationwide platform trusted by 500+ law firms, 25+ funders, and 20,000+ fundings at $100M+ in volume, all at one standardized rate. Before ClaimAngel, Logan worked across MedTech, consumer products, and venture capital. He earned his degree from UC Berkeley Haas School of Business in three years while competing as a Division I point guard.

Below is our LFJ Conversation with Logan Alters:

ClaimAngel positions itself as a transparency-first platform at a time when plaintiff funding is facing heightened scrutiny from regulators and bar associations. How do you see ethics, disclosure, and alignment with ABA and state rules reshaping the future of the industry, and what specific standards is ClaimAngel trying to institutionalize?

We started ClaimAngel because we saw a gap that nobody was closing. Plaintiffs have access to a new asset, their case, but the industry built to serve them wasn’t working. There are more than a thousand funding companies in the U.S., each setting its own rates, contracts, and processes. That fragmentation created an environment where anything goes. Rates compounded in ways clients couldn’t understand until settlement. Fees got buried in contracts. Law firms experienced the frustration firsthand or heard the stories and decided not to recommend funding at all. The whole system defaulted to relationships over results: who you knew mattered more than what you offered. Funders competed for access instead of competing on terms. That model doesn’t scale, and it doesn’t serve plaintiffs.

That’s the problem we set out to solve. Not by becoming funder #1,001, but by building marketplace infrastructure. In 2023, we pitched Morgan & Morgan’s executives on a different future. A marketplace, not a funding company. One rate, one process, one outcome for every client. They didn’t think it could be done, but they believed in the mission. John Morgan recently called ClaimAngel the Charles Schwab of client funding. The comparison resonated with us because it captures exactly what we’re building. Schwab didn’t invent investing. He standardized it. He made access equal and fees transparent. Before Schwab, Wall Street rewarded insiders. After Schwab, everyone got the same deal. Plaintiff funding is at that same inflection point.

We’ve now processed more than $100 million in volume across more than 20,000 fundings. Every contract includes plain-English rate disclosures. Every case shows plaintiffs what they’ll owe at settlement before they sign and at any time in their portal. That’s the standard: no surprises, no fine print. That’s not a pilot. That’s proof the model works.

We’re not a funder. We’re the infrastructure that makes funding predictable, transparent, and aligned with what plaintiffs and law firms actually need. When every client gets the same terms, and every contract looks the same, there’s nothing to hide from regulators or bar associations. Standardization is the compliance solution.

The industry has operated like the wild west for too long. Regulators are stepping in. Bar associations are paying attention. Law firms are already choosing partners based on compliance and transparency, not relationships. That’s the shift. More than 500 firms have at least one client funded through ClaimAngel. The next chapter will be defined by who builds the standard, not who has the best relationships. That’s what we’re here to do.

You describe plaintiff funding as being at a pivotal moment where opaque, high-rate transactions are giving way to marketplace models. What pressures or structural changes are driving that shift, and why is standardization becoming a competitive advantage?

The old model is breaking down. Not because anyone decided it should, because the market moved.

Law firms are shifting their focus toward efficiency and growth, minimizing anything that creates friction. They want funding that helps them maximize case value, not funding that eats into their fees at settlement. A firm managing thousands of cases can’t afford the chaos of tracking liens with unpredictable compounding rates that make settlements harder to close. They want one process that works every time.

This is especially true for smaller firms. A solo practitioner or ten-person shop just wants to practice law. They don’t want funding to become another thing they have to manage. Standardization means funding works as a tool in the background, not an encroachment on how they run their practice.

People are more financially aware than they were ten years ago. They understand interest. They ask about caps. They compare terms. The days of burying fees in contracts and hoping no one notices are over. When clients ask questions, firms need answers they can stand behind.

On the other side of the table, insurance carriers are already ahead. They use data to model case values, they identify plaintiffs under financial pressure, and they extend timelines knowing desperate clients will settle for less. Their algorithms win. When a plaintiff can’t afford to wait, the carrier knows it, and the offer reflects that weakness. As funding becomes more widespread and predictable, carriers will have to adjust. Plaintiffs who can afford to be patient change the calculus entirely. That’s the power of standardized funding.

Capital markets are moving too. Litigation finance is maturing into a real asset class, and institutional money is looking for places to deploy. But capital doesn’t flow into fragmentation. A thousand funders with a thousand different rate structures and contract terms isn’t investable infrastructure. Standardization is what unlocks scale. It’s what allows the industry to grow from a few billion dollars to tens of billions deployed annually.

These forces aren’t pushing toward a slightly better version of the old model. They’re pushing toward new infrastructure. The companies that figure this out early will define the next era of plaintiff funding.

Your Rule of One framework aims for one rate, one process, one outcome. Why pursue a true standard instead of a traditional pricing strategy, and how do you respond to funders who argue flexibility is necessary for risk management?

One rate. One process. One outcome. That’s not a tagline. It’s the entire model.

A client knows exactly what they will owe. A law firm knows what a lien looks like at any point. No surprises. No shifting rates. No complicated projections. Simplicity isn’t a marketing angle. It’s a consumer protection tool and an operational stability tool for firms of any size.

The old model worked differently. Every funder created its own rate structure, contract terms, and interpretation of risk. Most clients don’t understand why a four percent monthly compounding rate leads to a 6x repayment in 24 months. That complexity benefits only the insiders who understand it.

Bob Simon at Simon Law Group put it simply: lawyers have an ethical duty to do what’s best for their clients. If a client needs access to capital to care for themselves or loved ones, you should help them find the lowest interest rate. That’s not optional. It’s the job.

The consequences of getting it wrong are real. Firms inherit cases all the time where the previous attorney used funding with poor terms, and by the time the case settles, the client’s net is so low the case can’t even settle. It leads to law firm fee reductions or the client drops the firm or it goes to trial. That’s not what plaintiff funding is supposed to do.

Funders often defend rate flexibility as risk management. But pricing in plaintiff funding didn’t evolve from risk. It evolved from fragmentation. With no shared standard, companies layered compounding, step-ups, duration triggers, underwriting fees, broker fees that can reach twenty percent, and buyout fees. None of this reflects actual case risk. It reflects legacy complexity built in isolation.

That complexity helped keep plaintiff funding adoption stuck at four to six percent of the total potential market. Rates rose so high that funding became a last resort. Yet more than ninety-seven percent of personal injury cases settle or win. When an asset class has a loss profile comparable to credit card defaults, extreme pricing is hard to defend. Real risk management comes from disciplined underwriting, transparency, and fair pricing, not stacking fees to justify high rates.

Standardization isn’t a constraint. It’s the path to mass adoption. The Rule of One isn’t a theory. It’s 20,000+ fundings across 500+ firms. That’s proof at scale.

You’ve set a standardized rate of 27.8 percent simple annually with a 2x cap. What was the economic thinking behind those parameters, and how does this model align incentives across plaintiffs, law firms, and funders?

We didn’t start by asking what rate we could charge. We started by asking who we’re actually competing with.

Ninety-five percent of plaintiffs don’t use plaintiff funding. When someone is injured, out of work, and waiting on a claim, they reach for credit cards and personal loans. That’s the market we’re converting.

The problem is that consumer credit wasn’t built for a plaintiff’s reality. It prices the borrower, not the case. It assumes steady income and monthly payments. A plaintiff has access to a new asset, their case, but a credit card can’t tap into that. The pressure spills onto law firms and ultimately the settlement.

So we worked backward from that reality. If we want to convert plaintiffs away from credit cards, we need to beat credit card economics for someone who can’t work, can’t make monthly payments, and doesn’t know when their case will settle. That’s how we arrived at 27.8 percent simple rate with a 2x cap.

Here’s what that looks like in practice. A plaintiff who takes $5,000 and settles in 18 months owes around $7,400 with all fees. With a typical compounding product with a slew of origination and servicing fees, that same funding could easily exceed $15,000. That difference is the gap between a client who walks away whole and a client who resents their attorney.

For funders, the math works if they’re willing to evolve. The old model delivered returns that would make a hedge fund blush, but in just a small percentage of cases. Our model delivers lower per-case returns but at scale, with fast capital deployment, consistent servicing, and a loss rate in the single digits, comparable to credit card defaults. The key is predictability. Our 27.8% annual rate (no compounding ever) works out to 6.95% every three months until settlement or the 2x cap. The 2x cap means a plaintiff who takes $5,000 will never owe more than $10,000, and that cap doesn’t hit until 46 months. Most “2x caps” in the industry hit at one, two, or three years. Ours gives plaintiffs nearly four years.

That rate is only sustainable because our marketplace collapsed the cost structure. Traditional models relied on sales teams, manual deployment, and relationship-driven acquisition. That overhead required high rates. Our marketplace removes most of that friction. No sales cycle, no manual underwriting queues, standardized processes across every case. Efficiency and market competition make a lower rate viable. Insurance carriers already use data to identify weak and desperate plaintiffs. Our marketplace gives funders the same advantage. We standardized underwriting with quality case data (injury details, liability, policy limits, case docs, and more), so funders make calculated decisions in minutes instead of reputation-based approvals. Lower costs and disciplined underwriting mean we can sustain 27.8% at scale. It’s a different business. It requires funders who see where the industry is going and law firms that recognize their clients deserve better. We’ve built the infrastructure to make that easy.

The legacy model asked: how much can we charge? We asked: how do we convert the ninety-five percent? One question builds an industry. The other protects a margin.

You’ve argued that plaintiff funding is best understood as a tool that converts time into negotiating power. How does ClaimAngel’s marketplace help plaintiffs stay in the fight longer and capture more of their claim’s true value?

How many situations in life can you actually buy time? That’s what plaintiff funding is. Not debt. Not a loan. Time. And when you have a legal case, time is power.

When someone is injured and out of work, time is the one thing they don’t have. Bills pile up. Pressure builds. Insurance carriers know this and wait. The longer a plaintiff can’t afford to hold out, the lower the offer. That’s not negotiation. That’s leverage working against the people who need it most.

Funding flips that dynamic. A plaintiff who can pay rent and cover medical bills while their case develops is a plaintiff who can wait for the right offer. That’s why they hired their attorney in the first place: to fight for the true value of their claim, not to take the first check that shows up.

When plaintiffs have time, law firms can do the work they were hired to do. Gather full medicals. Wait for maximum recovery. Push back on lowball offers. The cases that settle for $40,000 under pressure become six-figure results when the client isn’t calling every day saying they need the money now. One client told us she was three days from losing her apartment when she got funded. Eighteen months later, her case settled for six figures. That’s what time buys. Firms get more revenue with less pressure to settle early. Clients walk away with what they deserve from the start.

But here’s the problem with traditional funding: time is power until settlement day, when it turns into kryptonite. A plaintiff who borrowed $5,000 at compounding rates suddenly owes $15,000+. The attorney’s fee gets reduced. The client’s net recovery shrinks. Everyone fought for two years to maximize the settlement, and the funding lien swallows the value. That’s not time as power. That’s time as extraction. Our model solves this. At 27.8% simple with a 2x cap, that same $5,000 costs $7,400, not $15,000. The client and attorney walk away with what they earned. Time stays power, even at settlement.

That’s what ClaimAngel’s marketplace delivers. In traditional funding, a plaintiff applies to one funder, waits for approval, and might get rejected. Then they start over. Our marketplace removes that friction. Multiple funders see the case simultaneously. Standardized terms mean no negotiation. A plaintiff who applies Monday can have funding by Wednesday. When you’re three days from losing your apartment, that speed is the difference between staying in the fight and taking whatever offer is on the table.

The industry maximized what plaintiffs owe. We maximize what plaintiffs keep.

About the author

John Freund

John Freund

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LFJ Conversation

An LFJ Conversation with John Lopes, Head of Specialty Legal Banking, First Horizon

By John Freund |

John Lopes is a market-leading bank executive and recognized authority in financial solutions for the plaintiff-side legal industry. As Senior Managing Director and Head of Specialized Legal Banking at First Horizon Bank, he leads a national platform focused on delivering capital, deposit, and technology solutions to contingency-based law firms, mass tort practices, claims administrators, and Qualified Settlement Funds (QSFs).

John began his career over 20 years ago advising AM Law firms, building a strong foundation in traditional legal banking and developing deep expertise in the operational and financial dynamics of large defense-side practices. He later held leadership roles at institutions including Citibank, Wells Fargo, and Western Alliance Bank, where he managed significant portfolios, built high-performing teams, and executed strategic growth initiatives across the legal vertical.

Over a decade ago, John identified a critical gap in the market and shifted his focus to the plaintiff side of the bar—where firms face unique challenges related to contingent revenue, cash flow volatility, and complex settlement structures. Since then, he has become a trusted advisor to many of the nation's leading plaintiff law firms and ecosystem partners, structuring sophisticated credit facilities, supporting billions of dollars in settlement flows, and delivering innovative banking solutions across the full lifecycle of litigation.

John is known for his ability to bridge capital, technology, and legal strategy—partnering with law firms, claims administrators, and litigation finance providers to drive growth, enhance liquidity, and create operational efficiency at scale. Through his leadership, he continues to position First Horizon as a premier banking partner to the plaintiff bar, bringing institutional-grade capabilities to a rapidly evolving segment of the legal industry.

He holds a background in financial markets from Yale University and has continued to build on that foundation through executive education with the Yale School of Management.

Below is our LFJ Conversation with John Lopes:

What gaps in the settlement and mass tort landscape led you to build a dedicated Settlement Services platform?

Historically, most banks approached settlement accounts as transactional escrow relationships rather than as a specialized vertical requiring tailored infrastructure. As mass tort and class action settlements have grown in size and complexity, that model became insufficient.

We saw several structural gaps:

  • Lack of dedicated infrastructure for high-volume sub-accounting and audit transparency
  • Limited understanding of QSF governance, fiduciary responsibilities, and multi-party oversight
  • Manual disbursement processes that created inefficiencies and risk
  • Inflexible credit solutions for contingency firms managing large case inventories

We built our Specialty Legal Banking group to address those gaps holistically — combining dedicated settlement banking, digital sub-accounting, modern disbursement capabilities, and tailored financing solutions under one coordinated platform.

Rather than treating settlements as ancillary deposits, we treat them as a highly specialized ecosystem requiring neutrality, transparency, and purpose-built technology.

Courts increasingly demand transparency and auditability. How do you see expectations evolving around reporting and fiduciary accountability?

Expectations are rising meaningfully. Judges and special masters now expect:

  • Real-time visibility into balances
  • Clear segregation of funds at the claimant or fee level
  • Transparent interest allocation methodologies
  • Clean audit trails across every transaction

In complex QSFs, accountability is no longer theoretical — it must be demonstrable.

We've responded by building a platform that allows structured sub-accounting at scale, defined user permissions (analyst vs. approver roles), exportable audit logs, and reporting that aligns with court oversight requirements.

The future standard will be near real-time transparency, not quarterly reconciliation. Specialized banks must offer specialized infrastructure to the settlement process — not just holding funds.

What are the most significant fraud or AML risks facing settlement administrators today, and how can institutions mitigate them without slowing distributions?

The scale and speed of modern distributions introduce new risk vectors:

  • Synthetic identity and claimant impersonation
  • Payment redirection and ACH fraud
  • Social engineering attacks targeting administrators
  • Sanctions and cross-border payment compliance risk

The key is not adding friction — but adding intelligent controls. Financial institutions must offer:

  • Multi-layer payment verification protocols
  • OFAC and sanctions screening at both onboarding and disbursement
  • Segregated user permissions and dual-approval workflows
  • Positive pay and transaction monitoring services

Technology should accelerate payments while reducing exposure. The answer is not slowing distributions — it's modernizing controls around them.

Claimants now expect faster access to funds and more flexibility in how they receive payments. How is innovation reshaping the claimant experience?

The claimant experience is evolving dramatically.

Traditional paper checks are increasingly insufficient. Claimants now expect options — ACH, prepaid cards, digital wallets, and other electronic modalities — delivered quickly and securely.

Real-time rails and digital disbursement platforms are reshaping expectations around:

  • Speed
  • Choice
  • Transparency of payment status

At the same time, the institution must provide tools so that flexibility coexists with compliance and oversight.

The institutions that succeed will be those that can offer multiple payment modalities within a controlled, audit-ready environment. That's where innovation truly adds value — not just convenience, but structured efficiency.

As litigation finance and aggregate settlements continue to grow, what role should specialized settlement banks play in reinforcing neutrality and trust?

As capital flows increase in mass tort and aggregate litigation, neutrality becomes even more critical. A specialized settlement bank must function as a stabilizing counterparty amid multi-party financial arrangements. In large aggregate settlements — especially where litigation finance is involved — clarity around control, reporting, and fee segregation becomes paramount.

Our role is not to influence outcomes, but to provide a compliant, transparent, and scalable platform that reinforces trust across all stakeholders: plaintiffs' firms, defense counsel, administrators, courts, and capital providers.

Ultimately, trust in the settlement process depends on financial infrastructure that is purpose-built for complexity — and governed by strong compliance standards.

LFJ Conversation

An LFJ Conversation with John Lopes, Head of Specialty Legal Banking, First Horizon

John Lopes is a market-leading bank executive and recognized authority in financial solutions for the plaintiff-side legal industry. As Senior Managing Director and Head of Specialized Legal Banking at First Horizon Bank, he leads a national platform focused on delivering capital, deposit, and technology solutions to contingency-based law firms, mass tort practices, claims administrators, and Qualified Settlement Funds (QSFs).

John began his career over 20 years ago advising AM Law firms, building a strong foundation in traditional legal banking and developing deep expertise in the operational and financial dynamics of large defense-side practices. He later held leadership roles at institutions including Citibank, Wells Fargo, and Western Alliance Bank, where he managed significant portfolios, built high-performing teams, and executed strategic growth initiatives across the legal vertical.

Over a decade ago, John identified a critical gap in the market and shifted his focus to the plaintiff side of the bar—where firms face unique challenges related to contingent revenue, cash flow volatility, and complex settlement structures. Since then, he has become a trusted advisor to many of the nation's leading plaintiff law firms and ecosystem partners, structuring sophisticated credit facilities, supporting billions of dollars in settlement flows, and delivering innovative banking solutions across the full lifecycle of litigation.

John is known for his ability to bridge capital, technology, and legal strategy—partnering with law firms, claims administrators, and litigation finance providers to drive growth, enhance liquidity, and create operational efficiency at scale. Through his leadership, he continues to position First Horizon as a premier banking partner to the plaintiff bar, bringing institutional-grade capabilities to a rapidly evolving segment of the legal industry.

He holds a background in financial markets from Yale University and has continued to build on that foundation through executive education with the Yale School of Management.

Below is our LFJ Conversation with John Lopes:

What gaps in the settlement and mass tort landscape led you to build a dedicated Settlement Services platform?

Historically, most banks approached settlement accounts as transactional escrow relationships rather than as a specialized vertical requiring tailored infrastructure. As mass tort and class action settlements have grown in size and complexity, that model became insufficient.

We saw several structural gaps:

  • Lack of dedicated infrastructure for high-volume sub-accounting and audit transparency
  • Limited understanding of QSF governance, fiduciary responsibilities, and multi-party oversight
  • Manual disbursement processes that created inefficiencies and risk
  • Inflexible credit solutions for contingency firms managing large case inventories

We built our Specialty Legal Banking group to address those gaps holistically — combining dedicated settlement banking, digital sub-accounting, modern disbursement capabilities, and tailored financing solutions under one coordinated platform.

Rather than treating settlements as ancillary deposits, we treat them as a highly specialized ecosystem requiring neutrality, transparency, and purpose-built technology.

Courts increasingly demand transparency and auditability. How do you see expectations evolving around reporting and fiduciary accountability?

Expectations are rising meaningfully. Judges and special masters now expect:

  • Real-time visibility into balances
  • Clear segregation of funds at the claimant or fee level
  • Transparent interest allocation methodologies
  • Clean audit trails across every transaction

In complex QSFs, accountability is no longer theoretical — it must be demonstrable.

We've responded by building a platform that allows structured sub-accounting at scale, defined user permissions (analyst vs. approver roles), exportable audit logs, and reporting that aligns with court oversight requirements.

The future standard will be near real-time transparency, not quarterly reconciliation. Specialized banks must offer specialized infrastructure to the settlement process — not just holding funds.

What are the most significant fraud or AML risks facing settlement administrators today, and how can institutions mitigate them without slowing distributions?

The scale and speed of modern distributions introduce new risk vectors:

  • Synthetic identity and claimant impersonation
  • Payment redirection and ACH fraud
  • Social engineering attacks targeting administrators
  • Sanctions and cross-border payment compliance risk

The key is not adding friction — but adding intelligent controls. Financial institutions must offer:

  • Multi-layer payment verification protocols
  • OFAC and sanctions screening at both onboarding and disbursement
  • Segregated user permissions and dual-approval workflows
  • Positive pay and transaction monitoring services

Technology should accelerate payments while reducing exposure. The answer is not slowing distributions — it's modernizing controls around them.

Claimants now expect faster access to funds and more flexibility in how they receive payments. How is innovation reshaping the claimant experience?

The claimant experience is evolving dramatically.

Traditional paper checks are increasingly insufficient. Claimants now expect options — ACH, prepaid cards, digital wallets, and other electronic modalities — delivered quickly and securely.

Real-time rails and digital disbursement platforms are reshaping expectations around:

  • Speed
  • Choice
  • Transparency of payment status

At the same time, the institution must provide tools so that flexibility coexists with compliance and oversight.

The institutions that succeed will be those that can offer multiple payment modalities within a controlled, audit-ready environment. That's where innovation truly adds value — not just convenience, but structured efficiency.

As litigation finance and aggregate settlements continue to grow, what role should specialized settlement banks play in reinforcing neutrality and trust?

As capital flows increase in mass tort and aggregate litigation, neutrality becomes even more critical. A specialized settlement bank must function as a stabilizing counterparty amid multi-party financial arrangements. In large aggregate settlements — especially where litigation finance is involved — clarity around control, reporting, and fee segregation becomes paramount.

Our role is not to influence outcomes, but to provide a compliant, transparent, and scalable platform that reinforces trust across all stakeholders: plaintiffs' firms, defense counsel, administrators, courts, and capital providers.

Ultimately, trust in the settlement process depends on financial infrastructure that is purpose-built for complexity — and governed by strong compliance standards.

LFJ Conversation

An LFJ Conversation with Ian Coleman, Insurance & Funding Broker, Commercial and General

By John Freund |

Ian is a qualified solicitor (non-practicing) in England & Wales. Having been involved in the Legal Expenses Insurance industry since November 1992, he has dealt with Before the Event (BTE) and After the Event (ATE) Legal Expenses Insurance in its various forms.

His work has included underwriting for ATE cover, a number of the early competition claims seeking damages for abusive anti-competitive conduct being brought then both in the High Court and Competition Appeals Tribunal (CAT) in England.

He also underwrote for ATE cover a number of group actions many of which were run under Group Litigation Orders (GLO) and other case management devices, spanning a wide variety of case types. Ian has underwritten numerous commercial litigation cases, civil fraud claims and insolvency matters.

Since 2020 Ian has acted as a broker, intermediating various insurance products relating to litigation and arbitration risks as well as intermediating litigation funding requirements where required.

Below is our LFJ conversation with Ian Coleman:

What does the landscape for litigation funding look like now in the UK?

There are many strong opportunities available in the UK with excellent law firms. The use of litigation funding has become normalised in conjunction with ATE Insurance to cover the adverse costs exposure. Litigation funding is no longer seen as a tool just for the impecunious.

Opportunities range from commercial arbitration and investor state disputes to commercial litigation, civil fraud claims and of course the various forms of competition compensation claims conducted in the Competition Appeals Tribunal (CAT).

The availability of litigation funding frequently drives the law firm enquiry.

The Supreme Court decision in PACCAR remains current authority albeit that the Government has said that it will legislate to reverse the position and has received recommendation that be both retrospective and prospective. The caveat being when parliamentary time allows. However, a multiple on capital deployed (or in some cases committed) is permitted offering healthy returns for investors.

It has been suggested that ‘light touch regulation’ will be included in any such legislation or in follow-on legislation. The Lord Chancellor requested advice from the Civil Justice Council (CJC) with regards to the question of regulation. The CJC published its Final Report in June 2025. The CJC has recommended that regulation should not apply to arbitration proceedings as it should remain a matter for arbitral centres to determine whether and, if so, how any such regulation should be implemented. In Court and CAT proceedings regulation of litigation funders should be weighted according to whether the funding is provided to consumers or commercial parties.

The CJC suggests a minimum, baseline, set of regulatory requirements should therefore apply to litigation funding generally. These should include provision for: case-specific capital adequacy requirements; codification of the requirement that litigation funders should not control funded litigation; conflict of interest provisions; the application of anti-money laundering requirements; and disclosure at the earliest opportunity of the fact of funding, the name of the funder, and the ultimate source of the funding. The terms of LFAs should not, generally, be subject to disclosure.

It should be noted that the CJC specifically rejected the introduction of caps on litigation funders’ returns.

Law firm portfolio funding or case by case funding are options to consider albeit a balance of the law firm’s and their clients’ needs will be key in deciding which approach is requested. The CJC has recommended specific regulatory provisions for portfolio funding.

What is known as ‘The Arkin Cap’ continues to provide that the Court can make an appropriate decision concerning litigation funder liability for adverse costs on a case-by-case basis. For this reason, litigation funders will inevitably require that suitable ATE is in place.

It should be noted that no regulation has yet been introduced and it is debatable when there will be parliamentary time to attempt to do so. In any event regulation logically would be prospective only.

Can you speak to the issue of domiciling of funding SPVs to maximise insurance availability? 

Where litigation funding is sought it is extremely common in the UK for ATE Insurance to be required as part of the package and often Capital Protection Insurance is purchased by the litigation funder. Most of the insurance capacity for these products emanates from markets based in London.

Insurance may only be sold into a territory for which the insurer has a licence. The licencing requirements are dictated by the domicile of the Proposer (the party seeking insurance).

The Insurers invariably have a licence for the UK and Europe but not necessarily for other territories. In order to maximise the choice of insurance offerings the Proposer is ideally domiciled somewhere in the UK or Europe.

Where the Litigation Funder seeks Capital Protection Insurance (CPI) domiciling the SPV in say Guernsey may have a double benefit both in terms of insurance availability (to achieve the best terms) but also to maximise tax efficiencies. Most jurisdictions levy some form of insurance tax, but those that do not may be seen as attractive to the party paying the insurance premium. Any Litigation Funder seeking to set up an SPV in a tax and licencing friendly location should of course make their own enquiries in order to satisfy themselves that both requirements are met in that particular territory.

Where the Claimant is domiciled in a location that raises licencing challenges this may be overcome by the Litigation Funder providing an Adverse Costs Indemnity via its funding SPV and obtaining the ATE Insurance to cover off that risk.

This will however generally mean that security for costs must be provided but the ATE Policy can be fortified with what has become known as an Anti-Avoidance Endorsement (AAE). AAEs have been accepted in the UK Courts and in many arbitral forums.

Notwithstanding the place of domicile of the Proposer, the insurance policies will generally be written on the basis that the policy is governed by English Law and accordingly the duty of disclosure for the Proposer will be set out in the Insurance Act 2015 for non-consumers and Consumer Insurance (Disclosure and Representations) Act 2012 for consumers.

How do clients use insurance to mitigate risk and control funding spend? 

CPI can be obtained to protect some or all the capital deployed. This can be purchased either on a portfolio basis or case by case. Both methods have their advantages and disadvantages and that discussion deserves its own separate analysis. Both do mitigate the risk of losing capital. The scope of claim circumstances is a matter of negotiation with Insurers.

Generally, the conducting law firm will require some funding of their fees. Their fees can be further insulated from risk by Work in Progress Insurance (WiP) which protects an element of base fees should the claim be unsuccessful. In some circumstances WiP may be used to curtail the funding requirement.

For bilateral investment treaty arbitrations Arbitral Award Default Insurance (AADI) may also be available.

ATE is used commonly where costs follow the event to protect the risk of the claimant and litigation funder becoming liable for adverse costs.

Is the Competition Appeals Tribunal still a good funding opportunity?

There has been much discussion about the CAT since the changes in 2015. Case longevity, case outcomes and distribution have been frequent topics of conversation. The question to be posed is whether ‘herd-thought’ means that good opportunities are being over-looked. That has most certainly been the experience of the writer.

The sector in the UK has a number of strong law firms, and the CAT requirements are being clarified with decisions that are now flowing through the forum.

Decisions from senior Courts have further assisted in setting out road maps for bringing and conducting such cases particularly with regards to Opt-Out and abuse of dominant position claims.

It should not be a surprise that as the new regime bedded in the earlier cases would take longer to conclude and the pathway would need to be set.

In Opt-Out cases the CAT does consider the funding and ATE packages at Certification stage together with the Class Representative’s understanding of how they work. Whilst certification can be refused on the basis of the above it does not equate in the event of certification to a blessing of the arrangements which can be revisited later.

Sensible pricing models from the outset are important. Certification will now have some regard to the merits of the claim, scope of the defined class and distribution. These can all be well managed to substantially mitigate the risk of the CAT subsequently intervening in stakeholder entitlements.

For cases that are not Opt-Out the above considerations do not apply.

What can you tell us about the importance of being clear on the source of funds? 

The hygiene factor around funds being used to support litigation and arbitration matters is increasingly significant. Litigation Funders should be aware of this and consider the level of checks that are required in other financial sectors. Matters such as KYC, AML, UBOs and sanctions / PEP enquiries are often mandatory. This approach would be reflective of the CJC recommendations.

The confirmation that such checks have been conducted and were satisfactory could well prove to be decisive where there are competing offers of litigation funding on the table.