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Commercial

Cormac Leech on Litigation Funding as an Investment

July 21, 2021

Cormac Leech on Litigation Funding as an Investment

AxiaFunder is a new and innovative investment platform that focuses on litigation funding as an asset class. Founded by Cormac Leech, the UK startup caters to sophisticated investors. UK Investor Magazine explains that as an asset class, the main strength of litigation funding is its lack of correlation to the larger market. For the most part, the need for litigation is not dependent on any specific economic conditions. The following are some key takeaways from the podcast episode with Leech:   Q: Are there [investment] solutions for people who are looking into funding? CL: Absolutely, there are. Litigation funding is a relatively new asset class. As an industry it’s really only been active in the UK for around 15 years or so. It’s certainly grown strongly over the last five or ten years. Most of the providers of litigation funding are operating on a traditional model where they have a permanent pool of capital…they’re really only catering to private equity firms, which means lots of sophisticated investors cannot get access to the asset class. Q: How are cases vetted?  CL: So far, we’ve funded 12 cases based on having looked at over 300 cases. We have a very high rejection rate in terms of the number of cases we accept.  We talk through the process of how we vet cases. The first thing we look at are the legal merits of the case. The way we think about legal merits—there are two parts: we want to make sure that the claimants have the high moral ground. It has to be a case where you look at the story of the case, the claimants and the defendants, and there’s a clear indication that the defendants treated the claimants badly. You know it when you see it. The second question is to make sure the legal technical merits stack up. Other aspects include whether the defendant has money, and the ability and willingness to pay if there’s a settlement or judgement. There’s no sense winning the case if the defendant doesn’t have any money. We also look at the case economics to make sure that the value of the claim is big enough compared to what it’s going to cost to litigate. There needs to be a solution for adverse costs risk.  Q: Litigation funding is classed as an alternative asset class. One of the attractions typically is the low correlation with traditional assets such as stocks and bonds. How is that seen in the real world? CL: It’s interesting in terms of investor’s perceptions. It’s a very unusual period right now because equities have had a very strong run recently, and residential properties have had a strong run. Virtually every asset class has been increasing in value. Forward looking investors will probably realize that there’s limited upside for equities, and arguably limited upsides for property, at least on a real, inflation-adjusted basis. These asset classes have already had a tremendous run. I think smarter investors will be looking around for alternatives. It does make sense for investors to make some allocation into litigation funding—2% up to 5% of their portfolio. It is non-correlated, and the returns are very substantial.

Commercial

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Commercial Fundraising

Loopa Finance Closes $70 Million Fund III

Loopa Finance has announced the successful closing of its third litigation finance vehicle, raising USD 70 million and pushing the firm’s total capital commitments past the USD 100 million mark since inception. The milestone underscores the continued maturation of the litigation funding market across continental Europe and Latin America, where Loopa has positioned itself as a tech-driven, cross-border player focused on complex disputes.

A press release issued by Loopa Finance confirms that the new fund builds on two prior vehicles totaling USD 38 million, both of which have been fully deployed into meritorious cases across key jurisdictions in Europe and Latin America. With Fund III, Loopa intends to deepen its investment capacity in judicial litigation and complex arbitrations, while accelerating geographic expansion across strategic markets on both continents.

Co-founder and Managing Partner Fernando Folgueiro described the fundraise as a “turning point” from a legal-business perspective, noting that surpassing USD 100 million in commitments reflects growing market acceptance of litigation finance within the regional legal ecosystem. The firm emphasized its model of assuming litigation risk in exchange for a return only upon successful outcomes, while maintaining non-interference in legal strategy. Loopa invests across a broad range of disputes, including commercial and investment arbitration, corporate and contractual claims, insolvency proceedings, intellectual property matters, environmental disputes, and claims against the State.

Co-founder Yago Zavalia Gahan highlighted the firm’s continued investment in technology and scalable processes, reinforcing Loopa’s positioning as the first tech-focused litigation funder operating across both Latin America and continental Europe. Fund III attracted a mix of institutional and private investors from Europe and the Americas, including returning backers and new strategic participants.

As capital formation in emerging and cross-border markets accelerates, Loopa’s latest raise signals sustained investor confidence in litigation finance as an asset class beyond traditional Anglo-American jurisdictions—raising the question of how quickly regional regulatory frameworks and court practices will evolve alongside that growth.

Case Developments Commercial

Legal-Bay Spotlights $8.5M Uber Verdict in Arizona

By John Freund |

Legal-Bay has highlighted an $8.5 million jury verdict against Uber in an Arizona bellwether sexual assault trial, a result that may influence settlement postures across similar dockets. The Arizona jury found Uber liable and awarded damages to a plaintiff who alleged assault connected to the rideshare platform.

While case specifics remain limited in the public domain, the outcome provides another data point on potential exposure as claims advance nationwide. For funders and plaintiffs’ counsel, the verdict offers a reference point for damages modeling and negotiation strategy. Bellwether trials often test liability theories and damages presentations ahead of broader resolution, giving parties a benchmark for risk assessment. The Arizona ruling arrives as plaintiffs pursue a range of claims tied to driver misconduct and platform oversight.

An article in PR Newswire states that Legal-Bay characterized the case as a bellwether matter and underscored the significance of the $8.5 million award. The company reiterated that it provides pre settlement funding to claimants pursuing sexual assault lawsuits against rideshare companies, positioning capital to help plaintiffs bridge lengthy litigation timelines.

The report notes that ongoing proceedings involving Uber have drawn heightened attention to driver screening, in-app safety features, and incident response protocols. According to the release, Legal-Bay views the Arizona result as instructive for counsel evaluating case posture and timing of potential resolutions. The release also encourages potential claimants to consult their attorneys and consider non recourse advances where appropriate.

Commercial

Litigation Finance Supports Access to Justice

By John Freund |

Misconceptions about third party funding continue to surface in policy debates and courtrooms, yet the commercial litigation finance market has become a practical bridge to justice for businesses facing costly disputes.

An article in Mondaq explains that funding enables claimholders to pursue meritorious cases without diverting operating capital, particularly when litigation spend and duration are unpredictable. It also addresses recurring critiques, including allegations of funder control, the risk of frivolous filings, and opaque arrangements. Industry participants point to non recourse structures, rigorous underwriting, and counsel independence as guardrails that align incentives. For corporate legal departments, financing can rebalance negotiating dynamics against well capitalized adversaries, support portfolio based risk management, and preserve budgets for core projects. As interest rates and legal costs rise, the economic rationale for external capital has only strengthened.

Commercial litigation finance remains an important access to justice tool in the United States, countering false narratives that have colored recent commentary. It explains that most agreements are non recourse, so funders recover only from successful outcomes, which moderates risk taking and screens out weak claims. The piece notes that funders contract for information rights and consent on settlement only in limited circumstances, while strategic decisions remain with clients and counsel under ethics rules and court oversight.

It also observes that funding can complement contingency arrangements, after the event insurance, and defense side budgeting, creating optionality for both plaintiffs and defendants. On disclosure, the article surveys a patchwork of rules and argues that blanket mandates could chill capital formation without improving case management, favoring targeted judicial inquiries instead.

Expect continued legislative and rulemaking activity on disclosure and conflicts management, alongside growing adoption of voluntary best practices. As data sets on funded matters mature, stakeholders will seek more empirical analysis of outcomes and impacts on settlement dynamics. Cross border frameworks and portfolio structures are likely to expand as corporate users normalize funding within broader capital planning.