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Commercial Special Features

Adam Gerchen Discusses His Approach to Litigation Finance

Day 2 of the LF Dealmakers conference kicked off with Roy Strom, a reporter at Bloomberg Law, interviewing Adam Gerchen, CEO of Gerchen Keller Partners and Keller Postman LLP.

Adam Gerchen spoke on a variety of issues.  A few takeaways below:

On the growth of claims sizes: Prominent case examples like the 3M class action, which several years ago would have been 50,000 claimants, and today is above 250,000 illustrate the sector’s evolution. That is due to advancements in digital marketing, and technology enabling the intake and management of all of those claimants. So the industry is ballooning in ways that are rather unique.

On fundraising: Within a portfolio, the lack of co-variance is actually similar to reinsurance. So there are all sorts of powerful things you can do from a portfolio construction perspective. LPs already have so much exposure to litigation funding and they don’t even know it. It’s much less of a unique thing than they previously believed.

On the interesting macro-environment right now:  If I were on the allocation side right now, this is a space I would definitively find attractive. The thing LPs may not know is, where you are in the lifecycle of these claims is very interesting. Look at mass torts – you have torts that have been around for several years, that are not being priced correctly.

On what he is most excited about: Insurance wrappers that can wrap an entire fund – “I can’t believe it.” In the spectrum of things Gerchen would do, an IP appellate risk doesn’t seem the most attractive, but that is where folks seem to be most engaged. He thinks in the short-term this is extremely interesting, but then again, insurers have a much lower cost of capital than funders, so that could compress pricing downstream, which could cause issues. But overall, these are very exciting times.

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Commercial Funder's Corner Special Features Thought Leadership

The Next Wave of AI: What’s Really Coming in 2025

By Pete Hanlon |

The following post was contributed by Pete Hanlon, Chief Technology Officer of Moneypenny.

As CTO of Moneypenny, the leading outsourced communications company, Pete Hanlon brings a unique perspective to the transformative technology trends set to shape 2025 for lawyers. From advancements in AI to the realities of integration and regulation, he foresees pivotal changes that could redefine the legal profession and beyond.

Here’s a deep dive into what lies ahead—not just the obvious shifts, but the deeper changes that could impact how lawyers work,.

Open Source Is Coming for the Crown

The most exciting battle in AI isn’t unfolding in corporate labs, it’s happening in the open source community. They’re catching up fast, and were starting to see open source models going head to head with industry leaders such as OpenAI o1 and Claud-Sonnet-3.5. This isn’t just about matching performance metrics. It’s about making AI accessible to both large and small law firms that have been held back by data privacy concerns, opening doors for firms that have struggled to leverage this technology. The result? A new era where AI is democratized, accessible to all, and no longer controlled by closed source businesses.

Forget AI Replacing Lawyers – Think AI as Your Digital Colleague

Remember when everyone thought AI would replace many law firm jobs overnight? That’s not how it’s playing out. Instead, we’re witnessing the emergence of hybrid teams where AI takes on the repetitive tasks, leaving people free to handle more complex challenges. It’s less about replacing jobs and more about using AI to super power people and using data to enable smarter decision making. Moneypenny, for example, delivers outsourced communication solutions that blend the efficiency of AI with the personal touch of real people. This balanced approach boosts productivity and enhances customer satisfaction. 

Integration: The Real Challenge Nobody's Talking About

Here's where things get interesting and complicated. The next phase isn’t about building brand new AI systems, for lawyers it’s about weaving them seamlessly into existing business processes, work flows and infrastructure. Picture CRM systems that can predict what customers need, knowledge bases that update themselves, conversations that flow naturally between voice and text, and customer support that breaks language barriers. We understand the importance of seamless integration, and at Moneypenny, we’re fully embracing it helping legal teams embed AI powered systems into their infrastructure seamlessly . 

Industry Specific Models: Tailored AI for Specialized Needs

We’re entering an era of industry specific LLMs tailored for the legal field. These models will come pre loaded with domain-specific knowledge, enabling firms to deploy AI that understands their unique requirements, language, and regulatory needs. In finance, LLMs could support compliance and offer investment insights. In law, they could streamline contract review and case law analysis. These specialized models will allow companies to quickly implement AI that’s relevant, compliant, and impactful in their field.

The Reality Check Is Coming

Some firms may soon realize they've taken on more than they can handle with AI adoption, facing a range of unexpected challenges. Many will struggle with complex integration issues as they attempt to launch AI initiatives within existing systems. Additionally, there may be difficulties in managing the high expectations around AI’s capabilities, as reality often falls short of the hype surrounding its potential. 

Regulation: The Elephant in the Room

Law firms should prepare for the growing impact of AI regulations, particularly in customer facing applications. Forward thinking organizations are already taking steps to build transparency into their AI systems, overhauling data governance practices to ensure accountability. They are creating detailed audit trails to track AI decision making and making sure that their systems are both fair and accessible. These proactive measures not only help them stay compliant but also foster trust with their customers.

What This Means for lawyers

The next year won't just be about AI getting better – it'll be about AI getting smarter about how it fits into our existing world. Success won't come from blindly adopting every new AI tool. It'll come from carefully choosing where AI can genuinely improve how lawyers work.

The winners won't be the companies with the most advanced AI. They'll be the ones who figure out how to blend AI and human capabilities in ways that make sense for their business and their customers. Yes, we'll see AI continuing to be more accessible and capable. But the real story will be about how lawyers learn to use it wisely. After all, technology is just a tool – it's how the legal profession use it that matters.

Case Developments Commercial

Montero Agrees to Distribution of US$27 Million Settlement from Tanzania

By Harry Moran |

Montero Mining and Exploration Ltd. (TSX-V: MON) (“Montero” or the “Company”) announces that it has finalised the distribution of the US$27,000,000 settlement with its litigation funders, Omni Bridgeway (Canada). The settlement amount was agreed with the United Republic of Tanzania (“Tanzania”) in the dispute over the expropriation of Montero’s Wigu Hill rare earth element project (“Wigu Hill”).

The settlement amount of US$27,000,000 is payable over three instalments, and is to be distributed as follows:

  • First payment: US$12,000,000 received on November 20, 2024, and distributed between Montero and Omni Bridgeway (Canada), the Company’s litigation funder.
  • Second payment: US$8,000,000 due by January 31, 2025, to be distributed to Montero and to pay all legal fees.
  • Third payment: US$7,000,000 due by February 28, 2025, to be distributed entirely to Montero.

After paying funders and legal costs, the net amount due to Montero will be approximately C$20,577,545 (US$14,458,138).

Dr Tony Harwood, President and CEO of Montero commented: “I am pleased Montero successfully achieved an amicable distribution of proceeds of over C$20,000,000. We wish Tanzania success in attracting new mining investments and look forward to receiving the final two payments due within the next 5 weeks. Further notice of payments received will be forthcoming.”

ICSID Arbitration

Montero and Tanzania jointly requested the arbitral tribunal to suspend the ICSID arbitration proceedings after receiving the first payment. Upon receipt of the final payment as scheduled, the parties will formally request the tribunal to discontinue the ICSID arbitration in its entirety.

Distribution of Funds

Montero is considering a return of capital distribution to shareholders. The exact amount is yet to be determined and will be subject to accounting review and board approval. In addition, Montero will retain funds to cover legal, taxation, and administrative expenses, including potential costs for arbitral proceedings, or enforcement actions in the event of delays or non-payment of the second or third instalments. The latter will now be the sole responsibility of Montero. The net amount of the award after deducting payments to the funder and covering legal expenses, cannot be determined with certainty, and no guarantees can be provided. Further announcements will be made in due course.

Disclaimer

The conclusion of the ICSID arbitration and payment of the remaining instalments is conditional on Tanzania’s compliance with the settlement agreement. The agreement does not provide for any security for the benefit of Montero in case Tanzania would not pay any instalment, in which case Montero can either resume the ICSID arbitration or seek enforcement of the settlement agreement.

About Montero

Montero has agreed to a US$27,000,000 settlement amount to end its dispute with the United Republic of Tanzania for the expropriation of the Wigu Hill rare earth element project. The Company is also advancing the Avispa copper-molybdenum project in Chile and is seeking a joint venture partner. Montero’s board of directors and management have an impressive track record of successfully discovering and advancing precious metal and copper projects. Montero trades on the TSX Venture Exchange under the symbol MON and has 50,122,975 shares outstanding.

Commercial People Moves

Thomas Jones Joins TRGP Capital as Managing Director

By Harry Moran |

Thomas Jones announced that he has joined TRGP Capital as a Managing Director. Prior to his arrival at TRGP, Jones served as Managing Director at Legis Finance, a lawyers merchant bank providing litigation finance and risk mitigation solutions to law firms.

In a post on LinkedIn, Jones expressed excitement at taking on this new role: “In this new role, I'll be leveraging my experience to contribute to TRGP's mission of providing strategic litigation funding solutions in the UK, Europe and the US. I'm looking forward to working with the talented team at TRGP Capital and helping to drive innovation in the litigation finance industry.”

Jones also brings a wealth of experience in the legal industry, having spent over 15 years at Allen & Overy as a partner, as well as another year as a partner at King & Spalding. 

Founded in 2015 by Michael Rozen, TRGP Capital has become an established name among US litigation funders, having since expanded to offer a diverse array of legal funding services across multiple jurisdictions.

Day 2 of the LF Dealmakers conference kicked off with Roy Strom, a reporter at Bloomberg Law, interviewing Adam Gerchen, CEO of Gerchen Keller Partners and Keller Postman LLP.

Adam Gerchen spoke on a variety of issues.  A few takeaways below:

On the growth of claims sizes: Prominent case examples like the 3M class action, which several years ago would have been 50,000 claimants, and today is above 250,000 illustrate the sector’s evolution. That is due to advancements in digital marketing, and technology enabling the intake and management of all of those claimants. So the industry is ballooning in ways that are rather unique.

On fundraising: Within a portfolio, the lack of co-variance is actually similar to reinsurance. So there are all sorts of powerful things you can do from a portfolio construction perspective. LPs already have so much exposure to litigation funding and they don’t even know it. It’s much less of a unique thing than they previously believed.

On the interesting macro-environment right now:  If I were on the allocation side right now, this is a space I would definitively find attractive. The thing LPs may not know is, where you are in the lifecycle of these claims is very interesting. Look at mass torts – you have torts that have been around for several years, that are not being priced correctly.

On what he is most excited about: Insurance wrappers that can wrap an entire fund – “I can’t believe it.” In the spectrum of things Gerchen would do, an IP appellate risk doesn’t seem the most attractive, but that is where folks seem to be most engaged. He thinks in the short-term this is extremely interesting, but then again, insurers have a much lower cost of capital than funders, so that could compress pricing downstream, which could cause issues. But overall, these are very exciting times.