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Day Two Recap of the LF Dealmakers Conference

Day Two Recap of the LF Dealmakers Conference

Day two of of the two-day event saw a trio of panels that covered topics such as investment strategy and risk management, the interplay between fund types, and litigation finance as a tool for ESG. The first panel of the day was titles “CIO Roundtable: Focus on Investment Strategy & Risk Management,” and was moderated by Steven Molo, Founding Partner of MoloLamken. Panelists included:
  • Patrick Dempsey, Chief Investment Officer, US, Therium Capital
  • Sarah Johnson, Co-Head Litigation Finance, The D. E. Shaw Group
  • Aaron Katz, Chief Investment Officer, Parabellum Capital
  • David Kerstein, Chief Risk Officer & Senior Investment Manager, Validity Finance
The conversation began with the rise of business interruption claims. Patrick Dempsey of Therium hasn’t seen much in the way of business interruption claims that have been successful yet.  There was an initial interest in this case type, but then a lot of negative decisions came out of federal courts, and so interest waned. That said, you can build a portfolio of these claims and hedge your risk going forward. Aaron Katz of Parabellum noted how his firm hasn’t been active in the business interruption space, though the pace of all other claim types is picking up, with interesting new product areas being developed, including credit-like structures, different stages of cases being presented, lower risk investment types, and even partial recourse feature investment. Sarah Johnson of D.E. Shaw commented on the emergence of new entrants into the litigation funding space. Competition does affect pricing, and this has more of an impact in creative structuring—with new tranches of risk being created. David Kerstein of Validity jumped in to parse this out. He has seen more competition in pricing in larger size deals, however not so much in the more modestly-sized deals. There is still competition there, as claimants are approaching a lot of funders, just not as much price pressure in these types of claims. The conversation then turned to bankruptcy. This was a very quick distressed cycle—given that there was a lot of sophisticated money chasing these deals, there wasn’t as much of a need for litigation funding. However, we may soon begin to see bankruptcies driven by litigation, which could prompt claimants to approach funders for partnership or monetization. And smaller cases might be a place for funders, given that these bankruptcy claims are typically underfunded. As David Kerstein of Validity noted, “When there are bankruptcies that are based on litigation assets or issues, litigation funders are well placed to come in and provide value.” And on the issue of insurance, Aaron Katz noted that judgments are being protected with insurance, products are out there to preserve capital or even back some of the profit in a deal. That said, Parabellum hasn’t seen it as part of the bread and butter of their work. Yet Katz feels it’s only a matter of time before insurance permeates the space, but we’re not there yet. Patrick Dempsey chimed in on his experience with insurance in UK-based claims. Adverse costs insurance is inherent in the jurisdiction there, and so insurance on a portfolio basis was being considered very early on. That was ultimately deemed unnecessary, but that discussion is starting to return, and will likely come back in full force. Therium only uses insurance for judgment protection in the U.S. On the issue of regrets, Sarah Johnson noted how she wishes she had been more aggressive at the outset—doing more deals, and being less price sensitive. Having worked previously in distressed investments, she was used to price sensitivity being an issue, but she found that the industry grew a lot faster and provided much better returns than perhaps even she expected. This speaks well to the industry’s continued growth potential. Later in the day, a pair of panels tackled topics such as fund types, deal structures and costs of capital, as well as ESG and impact investing. One interesting takeaway from the former discussion came from Sarah Lieber, Managing Director and Co-Head of the Finance Group at Stifel. Lieber commented on the large commercial bank syndication model that her firm is structured with. What Stifel does is essentially a merchant banking model—they use their own balance sheet and originate their own transactions. When they approach a partner, whether that is a litigation funder, insurance company, private equity or multi-strategy firm, they choose their partner based on the return profile. And they can syndicate their partnerships within a larger deal construct. Stifel generally operates in the $50MM+ range, and can take on multiple co-investors with various tranches. So Stifel operates in cooperation with many other in the space, in a syndicated investment model. Stifel’s very presence in the market is emblematic of how prominent the funding industry has grown, and how much it has matured over the past few years. Doubtless there will be further maturation ahead, and likely more funding entities which enact a similar merchant banking model. As Tets Ishikawa Managing Director of LionFish noted (on the same panel discussion): “When the market started in the last 15-20 years, it really started as a litigation funding industry—as one single entity. But I believe this market will become like the commercial real estate market. There are many different types of real estate, just as there are many different types of litigation, so in the end there will be many different types of litigation finance investors.”

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Perpetual Lifts Omni Bridgeway Stake to 15.4% After Months of Buying

Perpetual Limited has increased its holding in litigation funder Omni Bridgeway to 15.403%, according to a substantial holding notice lodged with the ASX, consolidating its position as one of the funder's largest institutional shareholders.

As reported by Kalkine Media, the Form 604 shows Perpetual and its related bodies corporate now control 44,613,540 ordinary shares carrying 15.403% of voting power in Omni Bridgeway, up from 41,291,970 shares and 14.256% at the time of the previous notice in April 2026. The change in relevant interest was recorded on September 18, and company secretary Sylvie Dimarco signed the notice on September 22.

The annexure to the filing sets out a two-stage pattern of trading by Perpetual Investment Management Limited between June 12 and September 18. Perpetual was a net seller through June and July, with disposals executed via custodians Citicorp Nominees and HSBC Custody Nominees (Australia). From late July onward the direction reversed, with purchases recorded on multiple dates including August 27 and 28 and across September 15 to 18, executed through both custodians.

The accumulation comes during a period of pronounced volatility for the ASX-listed funder. Omni Bridgeway reported record FY26 commitments and investment proceeds alongside a 89% fall in net profit, and was recently dropped from the S&P Global BMI index. A sizeable institutional shareholder adding to its position against that backdrop is a notable signal for a sector where public-market sentiment has lagged operational performance.

Omni Bridgeway has not commented on the change in Perpetual's holding.

Funder’s 20% to 25% Cut Draws Scrutiny in Macquarie Shield Class Action

A funded class action filed against Macquarie Investment Management over the collapse of the Shield Master Fund is drawing criticism from within the Australian advice industry, with questions being raised over whether litigation funding is the right route for investors who have already been partially compensated.

As reported by ifa, the action was served on September 17 on behalf of Rachelle Dessent and roughly 2,800 account holders who lost superannuation in the Shield collapse. Gordon Legal, which is running the case, alleges investors have not been fully compensated despite the $321 million Macquarie paid out last year covering total amounts invested, after the firm admitted failures related to Shield. The claim seeks the growth those savings might have achieved had they remained invested elsewhere, together with damages for distress. Netwealth was served with draft documents for a separate potential class action on September 21.

Central to the criticism is the cost of the funded route. Save Our Super advocate Melinda Kee, who told ifa that Gordon Legal approached her last year and that she "wasn't interested," pointed to the firm's own disclosure that the litigation funder is entitled to between 20% and 25% of any settlement fund if the action succeeds, with legal costs also payable from the group's award subject to court approval.

Kee argued that pursuing claims through AFCA and the Compensation Scheme of Last Resort is free and delivers compensation directly to investors. With average losses around $120,000, and lower for many Macquarie and Netwealth investors following the return of capital, she suggested many residual claims could fall within the $150,000 CSLR cap.

The case turns in part on so-called "but for" losses. Financial Services Minister Daniel Mulino recently confirmed that only actual losses will be compensated through the CSLR from July 1, 2027.

Court of Appeal Rules Clients Cannot Force Disclosure of Secret ATE Commissions

The Court of Appeal has ruled that former clients have no mechanism under the Solicitors Act to compel their solicitors to reveal commissions earned on after-the-event insurance, even while criticising firms that refuse to answer the question as behaving unwisely.

As reported by The Law Society Gazette, the judgment in Turner v Coupland Cavendish upheld a challenge brought by the solicitors and found there is no route through a Part 18 request for further information to force disclosure in a Solicitors Act costs assessment. Lady Justice Andrews, giving the lead judgment, said there was no "shortcut" for former clients seeking information about secret commissions on ATE premiums.

Andrews nonetheless made clear her discomfort with the position. As a fiduciary, she said, a solicitor ought to tell a client about any commission if asked, and where a firm refuses there appears to be no easy or cost-effective remedy. She described the solicitors' conduct as "unattractive," "unwise" and "unedifying," and acknowledged the unfairness of requiring a client to produce evidence that a commission was paid in order to obtain the evidence needed to prove it, when that evidence sits with the solicitor. She stopped short of proposing a fix, flagging it instead for those able to change the rules or the law.

The sums at stake in the underlying matter were modest. The ATE premium on the original personal injury claim was £245, with any commission likely to be no more than £25. Andrews observed that the principal beneficiaries of a successful challenge would be those who have built an industry out of challenging solicitors' costs. The claim was led by Leeds firm JG Solicitors.

At first instance, Costs Judge Rowley refused the Part 18 request. Mr Justice Sweeting reversed that decision in the High Court, and the Court of Appeal has now restored the original position.