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A Snapshot of ESG in Litigation Funding

As the litigation funding market continues to grow and evolve, funders are placing a higher value on environmental, social and governance (ESG) issues. This development raises questions about the connection between ESG and litigation funding, how litigation funders are currently addressing ESG, and what the future of ESG in litigation funding will look like.

The following article will offer answers to those questions and act as a general overview of the state of ESG in litigation funding.

What is ESG and Why Does it Matter?

ESG encompasses environmental issues like air or water pollution, social issues such as customer privacy and data security, and governance issues like transparency. ESG pursuits have come to the forefront of many corporate agendas over the last decade. In some cases, this focus may be self-imposed, but it’s often a legal requirement as well. Even as companies champion ESG to satisfy customers and shareholders, they don’t always stay in compliance with those values and/or laws. As the number of ESG-related laws and regulations increases, compliance will become a greater focus for companies and investors alike. Litigation exists as both a deterrent to, and a regulator of, ESG non-compliance.

ESG cases in response to corporate non-compliance create the connection between ESG and litigation funding. As Tets Ishikawa, Managing Director at LionFish Litigation Finance stated, litigation funding of ESG cases has a key role to play in helping businesses meet their ESG goals.

Corporate executives aren’t the only ones concerned about ESG issues, however; savvy investors also recognize the importance of ESG. Responsible investing in ESG causes is often an obligation for pension fund managers and other asset allocators. Even when that is not the case, investors increasingly see ESG as a priority, with 85 percent of investors interested in sustainable investing.

Litigation Funders Pursuing ESG Cases

Major players in the litigation funding arena are already talking about or pursuing ESG investments. Funders like Therium, Woodsfood, North Wall Capital, and Litigation Lending Services have prioritized ESG cases, and more funders will likely join them in the coming years.

One leading litigation funder, Therium, emphasizes the importance of ESG as part of broader responsible investing efforts. Funding ESG legal action, the funder states, makes justice more accessible for those harmed in ESG breaches. Litigation funding helps those claims be brought, even when the claimants don’t have the resources to fund extensive legal battles.

Woodsford is another litigation funder touting the value of ESG litigation. Bob Koneck, Director of LitFin and legal counsel at Woodsford, emphasized the potential of ESG litigation as a reputation-enhancing tool for companies. He claims that companies can position themselves as ESG leaders through litigation, while also recovering money to use toward additional ESG initiatives. This is a unique view on the value of ESG litigation that speaks to the potential these cases have for corporations.

This past week’s news cycle illustrates how cemented the concept of ESG litigation has become within the litigation funding ecosystem, as both new entrants and entrenched players are making waves on the topic. North Wall Capital recently announced a $100 million investment into law firm Pogust Goodhead, with the aim of funding ESG cases specifically. Fabian Chrobog, Chief Investment Officer of North Wall, argues that ESG investment makes practical sense, as these cases maintain a higher probability of settlement than most other claim types. And Paul Rand, Chief Investment Officer of Omni Bridgeway, recently revealed that the longtime funder is planning the launch of an ESG Finance fund. According to Rand, Omni is currently testing bespoke techniques for valuing and assessing ESG risk management.

ESG Cases Funded by Litigation Funders

Airbus Case Funded by Woodsford

One prominent ESG case organized and funded by a litigation funder, is the Airbus case financed by Woodsford. Investigations by international authorities including the US Department of Justice revealed that Airbus SE, a manufacturer of military and civilian aerospace products headquartered in Europe, had participated in a widescale bribery and corruption scheme. In 2020, the company was forced to pay billions of dollars of fines to resolve these bribery charges, causing a major dip in its share price.

Airbus investors incurred serious losses due to these violations of ESG principles and Airbus’ failure to inform the public in a timely manner about its conduct. That’s where litigation funder Woodsford got involved. Woodsford organized the affected investors into a special purpose entity, Airbus Investors Recovery Limited (AIRL), which is currently pursuing legal action against Airbus in Amsterdam to recover losses.

The ESG team at Woodsford is funding and organizing this action. Without such involvement, the claimants may not have been able to pursue action against a large company with such deep pockets. Being able to hold major corporations like Airbus accountable for their egregious ESG breaches is one of the most significant benefits of litigation funding.

Litigation Lending Services’ “Stolen Wages” Claim

Litigation Lending Services, an Australian litigation funder, funded another notable ESG case related to stolen wages.

This class action began in September of 2016, and was a lawsuit on behalf of Aboriginal and Torres Strait Islander workers in Australia. The workers had been subject to ‘protection’ legislation from the late 1800s up to the 1970s. This wage control legislation led to tens of thousands of indigenous workers across a variety of industries never receiving their full wages, estimated to be millions of Australian dollars in total. Wage violations like these fall under the governance portion of ESG.

Litigation Lending Services offered its support to the case, which reached a settlement of $190 million in December, 2019. To date, the case is the largest human rights case in Australian history. The settlement brought resolution to more than ten thousand First Nations people.

Both of these cases illustrate the potential of ESG, and the possibilities for more ESG cases and litigation funder involvement in the future.

In Conclusion

Global legal actions related to ESG issues like climate change are increasing, and the targets of these lawsuits are shifting to include more corporations over time, rather than just governments. It’s worth noting that environmental issues often get the most attention, but ESG litigation goes beyond just environmental claims. Lawsuits involving fraud, disclosure rule breaches, diversity and equity, misrepresentation, and health and safety issues all fall under the category of ESG litigation. Environmental claims have seen the largest growth in the last few years, but we can expect other types of ESG lawsuits to increase as well.

Another factor driving additional ESG litigation is the lack of clarity surrounding what exactly constitutes ESG. The intense focus on ESG is fairly new, meaning parties are not in complete agreement on the definition of ESG and how it should be measured and reported.

As the number of ESG group claims increases, there’s room for growth in the litigation funding market. This industry is constantly evolving to keep up with broader trends in litigation, including the evolution of ESG claims. For now, it’s clear ESG will have a key role to play in the future of litigation funding.

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AALF Announces Completion of Template Insolvency Litigation Funding Agreement

By Harry Moran |

One of the common talking points at industry events is the need for increased standardisation in legal funding, with a set of agreed upon best practices often viewed as an important step forward for the maturation of the industry.

In a post on LinkedIn, The Association of Litigation Funders of Australia (AALF) announced that it has created and released a Template Insolvency Litigation Funding Agreement. AALF explains that the template is designed ‘to optimise efficiency for lawyers and insolvency practitioners involved in funded insolvency litigation’, providing a practical industry baseline for the use of such funding agreements in Australia. 

The ‘insolvency claim funding deed’ template as shown in the announcement offers a basic layout for the details of the funder, claimant, insolvency practitioner, and lawyers. The deed structure then outlines the following four key components that the deed will be comprised of: commercial terms, funding deed – general funding terms, definitions, and three annexures. The annexures include an insolvency practitioner’s report, a lawyer’s report, and a payment claim report for other funded costs.

AALF expressed its thanks to its members who contributed to the completion of this template with special thanks to the following individuals: Frances Dreyer (Johnson Winter Slattery), Doug Hayter (Ironbark Funding), Heather Collins GAICD (Court House Capital), Stuart Price (CASL), Lisa Brentnall (Clover Risk Funding), John Walker (CASL), Michelle Silvers (Court House Capital), and Kelly Trenfield (FTI Consulting).

The template can be viewed here, and AALF encourages any parties interested in using this resource to contact them.

Announcements Commercial

International Legal Finance Association Adds Certum to Mark 30 Member Companies

By Harry Moran |

The International Legal Finance Association (ILFA), the only global association of commercial legal finance companies, announced that it has added its 30th member company to the association –Certum Group. 

Certum Group specializes in comprehensive alternative litigation strategies, such as litigation buyout insurance, judgment preservation insurance, litigation funding, class action settlement insurance, adverse judgment insurance, and claim monetization. The Texas-based Certum Group team includes litigation and insurance professionals along with risk mitigation specialists. 

“We are delighted to join ILFA and help it engage with policymakers interested in litigation finance,” said William Marra, a Director at Certum Group who leads the company’s litigation finance efforts. “Funding helps people and companies with strong legal claims get better access to the courts. We are excited to work with IFLA and ensure policymakers continue to encourage rather than restrict companies’ access to commercial legal finance.” 

“We’re delighted that Certum is joining ILFA’s growing membership”, said Rupert Cunningham, ILFA’s Global Director of Growth and Membership Engagement. “Certum already provides a lot of thought leadership on litigation funding and other matters, and they will make a great addition to ILFA’s work to support the sector in the US and globally.” 

About the International Legal Finance Association   

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. 

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official.

Commercial Funder's Corner Special Features

How to Build — and Sustain — a Powerhouse Legal Team

The following was contributed by Richard Culberson, the CEO North America of Moneypenny, the world’s customer conversation experts, specializing in call answering and live chat solutions.

Teams have the power to deliver sharper results, better service, and greater resilience. But how can we turn collaboration into a powerhouse — and keep it going?

As someone who leads a fast-paced customer conversations business, I know firsthand how critical strong teamwork is to delivering excellence, building trust, and staying competitive. While I don’t lead a law firm, I work closely with legal professionals across North America every day — and I’ve seen that the principles behind high-performing teams apply just as much in the legal sector as they do in tech.

At Moneypenny, we support thousands of law firms by providing virtual receptionists, client communication tools, and 24/7 support — so we understand the pressures legal teams face: high stakes, fast turnarounds, and a growing expectation for more responsive, more efficient service.

So, here’s the big question: how do you transform teamwork from something that gets things done to something that drives sustained excellence? 

Defining a Powerhouse Legal Team

We’ve all heard the phrase, “teamwork makes the dream work.” But in reality, that only holds true when the team is built and supported in the right way.  What really makes the difference is a powerhouse team – one that doesn’t just meet expectations but shapes them.

A legal team, like any tech or ops team is made up of specialists - attorneys, paralegals, and support staff. It's a collaborative unit aligned toward shared client outcomes — whether that’s winning a case, closing a deal, or shaping legal strategy. A powerhouse legal team, however, takes this a step further. It consistently delivers excellence, anticipates client needs, and influences firm-wide success.

This could be the litigation team that wins precedent-setting cases. The M&A group that closes complex deals under pressure. Or the in-house counsel team that protects and propels business strategy. Whatever the mission, a powerhouse team lead sthrough several key building blocks, and in my experience, they’re universal to all industries.

The Seven Pillars of a Powerhouse Team (Legal or Otherwise)

So, how do you build that level of excellence? It starts with people — the right people. In legal services, your people are your greatest asset. But it’s not just about legal acumen. They must align with your firm’s culture, values, and long-term vision.

Then, you build on these seven pillars:

1. Strong Legal Leadership

Every successful team needs a leader who can inspire and set a strategic course. Whether it’s a senior partner, practice head, or general counsel, their job is to elevate the team’s performance, foster a culture of accountability, and ensure alignment with both client goals and firm direction. Great leaders don't micromanage — they empower.

2. Shared Goals and Legal Vision

Powerhouse teams are unified by clear, shared goals. Everyone knows what success looks like and what’s expected of them — whether that’s billable hours, client feedback, or innovation in legal service delivery. When the entire team rallies around a common vision, alignment and momentum follow.

3. Diverse and Complementary Legal Expertise

No team succeeds when everyone brings the same strengths. The best-performing teams I’ve built include a mix of strategists, problem-solvers, doers and deep thinkers. The same principle applies in legal settings. Legal excellence requires more than technical brilliance in one area. It demands a combination of skills across disciplines. A litigation team thrives when trial lawyers, legal researchers, and case managers work seamlessly. In a corporate team, dealmakers, compliance professionals, and contract experts must collaborate. And just as important as functional skills is diversity of thought — bringing varied perspectives to legal problems leads to smarter, more creative outcomes.

4. Open and Effective Communication

In our world, communication is everything but that is true in all busines. Whether it’s delegating work, discussing a case strategy, or updating clients, effective communication prevents errors, builds trust, and enhances efficiency. I’ve found that when communication flows freely everything else works better. Egos stay in check, ideas get better and results speak for themselves.

5. Trust and Collaboration

A true team operates with mutual trust. Everyone understands their role, respects others’ and works to a shared goal. When legal professionals trust one another’s judgment, competence, and intentions, the team thrives. This trust allows lawyers to focus on their areas of expertise while relying on others to do the same. Collaboration becomes second nature, not forced. Roles are respected, workloads are balanced, and credit is shared. That kind of trust turns a good team into a powerhouse.

6. Adaptability and Resilience

Across the business landscape, we’re in a time when things change fast and the legal world is no different — new legislation, client demands, economic pressures. A powerhouse team responds with agility. They learn quickly, adjust strategies, and support each other during challenging cases or high-pressure deadlines. They don’t just survive stress — they strengthen through it.

7. Continuous Learning and Improvement

The best teams never stay still. Whether it’s staying ahead of regulatory changes, mastering new tech tools, or refining client service skills, powerhouse teams prioritize development. Mentoring, ongoing training, and regular performance feedback cultivate teams that evolve — not stagnate.

A commitment to continuous improvement sends a clear message: you believe in your team, and you’re investing in their growth. That, in turn, builds loyalty, engagement, and retention.

Final Thoughts

Whether you're building a tech team, a client success function, or a legal department, the fundamentals of a high-performing team remain the same. Great teams don’t just happen. They’re built with intent — with the right people, supported by the right culture, and driven by the right leadership.

When you get this right, the payoff is exponential. From more efficient operations to higher client satisfaction and better outcomes — powerhouse teamwork becomes a competitive advantage.

In any sector — and certainly in law — that’s a result worth striving for.