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Adam Gerchen Discusses His Approach to Litigation Finance

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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Deminor’s Wouter de Jong Sees Untapped Dutch Demand for Commercial and Patent Dispute Funding

Deminor's newest Dutch hire has said many sound business-to-business disputes in the Netherlands go unpursued because of cost, risk or resource constraints, pointing to an opening for litigation funders.

As reported by Litigation Finance Insider, Wouter de Jong discussed his move into funding in an interview published on 4 October. De Jong joined Deminor as Senior Legal Counsel in its Utrecht office after more than 14 years in disputes, including eight as a patent litigator in private practice and six as Head of Litigation at a major international company, as Deminor announced in September.

He said litigation funding is less unfamiliar to Dutch companies than it was 15 years ago but remains poorly understood. Two misconceptions recur with clients: the non-recourse "no cure, no pay" structure, and the extent to which Deminor offers litigation expertise beyond capital. He credited the Netherlands' legal system, efficient proceedings and strong judiciary for producing meaningful outcomes within reasonable timeframes.

De Jong also highlighted intellectual property. The Unified Patent Court, he said, lets patentees resolve disputes across larger territories in a single forum, and he has seen rising local inquiries about patent funding. Patent cases demand deeper underwriting of the technology and the scope of protection, making them slower to assess than typical commercial disputes.

The interview signals where Deminor expects growth from its Dutch presence, which opened in June as its tenth office worldwide: single-claim commercial and IP disputes, rather than the collective actions for which the Dutch market is better known.

Loopa Finance’s Gouveia Urges Litigation Funding Rules That Protect Transparency Without Capping Returns

A senior investment manager at Loopa Finance has argued that litigation finance regulation should safeguard transparency and independence without restricting pricing, access to capital or the industry's ability to innovate.

As reported by Litigation Finance Insider, Marina Gouveia, Senior Investment Manager at Loopa Finance, said in a commentary published on 4 October that standards-based oversight is preferable to prescriptive statutory rules. She identified transparency, independence, contractual clarity and the integrity of proceedings as the priorities.

Gouveia noted that the market spans single-case funding, portfolio financing, award monetisation and law firm or corporate structures, and that sophisticated corporate clients and individual consumers have very different needs. A uniform regime, she suggested, would fit neither well. She also warned that return caps could make some claims less commercially attractive to finance, particularly those needing large upfront costs or long proceedings, which could narrow access to justice.

She accepted that some regulatory goals are legitimate, including managing conflicts of interest, ensuring parties understand their agreements, verifying that funders have the resources to perform, and protecting claimants' control over strategy and settlement. Her preferred route is standards that evolve through courts, arbitral institutions, counsel and funders as new risks emerge, rather than legislation attempting to anticipate future products.

The piece names no specific jurisdictions or bills. It arrives as regulators in the UK, EU and several US states continue to debate disclosure and oversight rules, and it reflects the self-regulation approach funders such as Loopa have promoted through bodies including the European Litigation Funders Association.

PGMBM Opposes Bid to Hold 400,000-Claimant Mariana Hearing in Private

Pogust Goodhead, trading as PGMBM, has said it is opposing an application to hold today's High Court hearing on who represents more than 400,000 claimants in the Mariana Dam litigation under seal.

According to a statement issued by PGMBM, lawyers acting for the Mariana Client Committee served an application on Monday asking the court to hold the hearing in private. A PGMBM spokesperson said the firm believes the move "flies in the face of access to justice" for the claimants affected by the disaster, and described transparency for clients as fundamental. PGMBM said it is urgently asking the judge to reject the application in the public interest.

The hearing is an expedited two-day session on 5 and 6 October to decide which firm should act for the claimants. As Legal Futures reported, the High Court earlier refused a request to stay the proceedings and directed that the representation dispute be determined at that hearing, rejecting calls for it to be held in private. The dispute pits PGMBM against Bailey Glasser International, which the Client Committee has sought to instruct in its place.

The statement did not say how the court has responded to the new application, and the application itself was supplied to media only as an attachment. PGMBM's account is one side of a contested matter, and the Client Committee's lawyers have not been quoted.

The fight over the case, a claim against BHP over the 2015 Fundão dam collapse, has drawn attention across the litigation funding market because control of a mass claim of this size determines how funders, lawyers and claimants are aligned ahead of the quantum trial listed for April 2027.