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Slater and Gordon Secures Renewed £30M Financing with Harbour

By John Freund |

Slater and Gordon has announced the renewal of its committed financing facility with Harbour, securing an enhanced £30 million loan agreement that strengthens the firm’s financial position and supports its ongoing strategic plans.

According to Slater and Gordon, the facility replaces the previous arrangement and will run for at least three years, underscoring the depth of the relationship between the firm and Harbour, a long-standing provider of capital to law firms.

The renewed financing follows a £30 million equity raise earlier in 2025 and is intended to provide financing certainty as Slater and Gordon continues to invest across its core practice areas and enhance its client service offering. Chief executive Nils Stoesser highlighted the progress the business has made in recent years and said the renewed facility provides confidence as the firm pursues its longer-term strategic priorities.

Ellora MacPherson, Harbour’s managing director and chief investment officer, described the commitment as the next stage in a constructive and established partnership. She noted Harbour’s support for Slater and Gordon’s ambitions, particularly around improving service delivery and outcomes for clients.

Over the past two years, Slater and Gordon has focused on strengthening its family law, employment, and personal injury practices, while also expanding its capacity to handle large-scale group actions. The firm has also continued to invest in technology and operational improvements aimed at improving the overall client experience.

New York Enacts Consumer Litigation Funding Act Impacting Litigation Finance

By John Freund |

New York has enacted a new Consumer Litigation Funding Act, establishing a formal regulatory framework for third party litigation funding transactions involving consumers. The law, signed by Governor Kathy Hochul in December, introduces new registration requirements, disclosure obligations, and pricing restrictions aimed at increasing transparency and limiting costs for funded claimants.

As reported in Be Insure, litigation funders must register with the state and comply with detailed consumer protection rules. Funding agreements are required to clearly disclose the amount advanced, all fees and charges, and the total amount that may be owed if the case is successful.

Consumers must initial each page of the agreement and are granted a ten day cooling off period during which they may cancel the transaction without penalty. The law also prohibits funders from directing litigation strategy or interfering with the professional judgment of attorneys, preserving claimant and counsel independence.

One of the most significant provisions is a cap on the total charges a funder may collect, which is limited to 25 percent of the gross recovery. Prepayment penalties are unenforceable, and attorneys representing funded plaintiffs are prohibited from holding a financial interest in a litigation funding company. For the first time, consumer litigation funding in New York is brought under the state’s General Business Law, replacing years of relatively limited oversight with a comprehensive statutory regime.

Supporters of the legislation argue that the law addresses concerns about excessive costs and abusive practices while providing clarity for an industry that has operated in a regulatory gray area. Industry critics, however, have raised questions about whether pricing caps could restrict access to funding for higher risk claims.

Litigation Finance Faces Regulatory, MSO, and Insurance Crossroads in 2026

By John Freund |

The litigation finance industry, now estimated at roughly $16.1 billion, is heading into 2026 amid growing uncertainty over regulation, capital structures, and its relationship with adjacent industries. After several years of rapid growth and heightened scrutiny, market participants are increasingly focused on how these pressures may reshape the sector.

Bloomberg Law identifies four central questions likely to define the industry’s near-term future. One of the most closely watched issues is whether federal regulation will finally materialize in a meaningful way. Legislative proposals have ranged from restricting foreign sovereign capital in U.S. litigation to taxing litigation finance returns. While several initiatives surfaced in 2025, political gridlock and election year dynamics raise doubts about whether comprehensive federal action will advance in the near term, leaving the industry operating within a patchwork of existing rules.

Another major development is the expansion of alternative investment structures, particularly the growing use of management services organizations. MSOs allow third party investors to own or finance non legal aspects of law firm operations, offering a potential pathway for deeper capital integration without directly violating attorney ownership rules. Interest in these models has increased among both litigation funders and large law firms, signaling a broader shift in how legal services may be financed and managed.

The industry is also watching the outcome of several high profile disputes that could have outsized implications for funders. Long running, multibillion dollar cases involving sovereign defendants continue to test assumptions about risk, duration, and appellate exposure in funded matters.

Finally, tensions with the insurance industry remain unresolved. Insurers have intensified efforts to link litigation funding to rising claim costs and are exploring policy mechanisms that would require disclosure of third party funding arrangements.

Taken together, these dynamics suggest that 2026 could be a defining year for litigation finance, as evolving regulation, new capital models, and external pushback shape the industry’s next phase of development.

Liability Insurers Push Disclosure Requirements Targeting Litigation Funding

By John Freund |

Commercial liability insurers are escalating their long-running dispute with the litigation funding industry by introducing policy language that could require insured companies to disclose third-party funding arrangements. The move reflects mounting concern among insurers that litigation finance is contributing to rising claim costs and reshaping litigation dynamics in ways carriers struggle to underwrite or control.

An article in Bloomberg Law reports that the Insurance Services Office, a Verisk Analytics unit that develops standard insurance policy language, has drafted an optional provision that would compel policyholders to reveal whether litigation funders or law firms with a financial stake are backing claims against insured defendants. While adoption of the provision would be voluntary, insurers could begin incorporating it into commercial liability policies as early as 2026.

The proposed disclosure requirement is part of a broader push by insurers to gain greater visibility into litigation funding arrangements, which they argue can encourage more aggressive claims strategies and higher settlement demands, particularly in mass tort and complex commercial litigation. Insurers have increasingly linked these trends to what they describe as social inflation, a term used to capture rising jury awards and litigation costs that outpace economic inflation.

For policyholders, the new language could introduce additional compliance obligations and strategic considerations. Companies that rely on litigation funding, whether directly or through counterparties, may be forced to weigh the benefits of financing against potential coverage implications.

Litigation funders and law firms are watching developments closely. Funding agreements are typically treated as confidential, and mandatory disclosure to insurers could raise concerns about privilege, work product protections, and competitive sensitivity. At the same time, insurers have been criticized for opposing litigation finance while also exploring their own litigation-related investment products, highlighting tensions within the market.

If widely adopted, insurer-driven disclosure requirements could represent a meaningful shift in how litigation funding intersects with insurance. The development underscores the growing influence of insurers in shaping transparency expectations and suggests that litigation funders may increasingly find themselves drawn into coverage debates that extend well beyond the courtroom.

Diamond McCarthy Backs Lansdowne Oil Treaty Claim Against Ireland

By John Freund |

US-based litigation funder Diamond McCarthy has agreed to back a high-stakes investment treaty claim brought by Lansdowne Oil and Gas against the Irish state, with the claim reportedly valued at up to $100 million. The dispute arises from Ireland’s policy shift away from offshore oil and gas development, which Lansdowne argues has effectively wiped out the value of its investment in the Barryroe offshore oil field.

According to NewsFile, Lansdowne Oil and Gas, a small exploration company listed in London and Dublin, is pursuing arbitration against Ireland under the Energy Charter Treaty. The company alleges that Ireland’s 2021 decision to halt new licences for offshore oil and gas exploration, followed by regulatory actions affecting existing projects, breached treaty protections afforded to foreign investors. Lansdowne contends that these measures frustrated legitimate expectations and amounted to unfair and inequitable treatment under international law.

Diamond McCarthy’s involvement brings significant financial firepower to a claim that would otherwise be difficult for a junior energy company to pursue. The funder will cover legal and arbitration costs in exchange for a share of any recovery, allowing Lansdowne to advance the case without bearing the full financial risk. The arbitration is expected to be conducted under international investment dispute mechanisms, with proceedings likely to take several years.

Ireland has previously defended its policy changes as part of a broader climate strategy aimed at reducing fossil fuel dependence and meeting emissions targets. Government representatives have indicated that the state will robustly contest the claim, arguing that the measures were lawful, proportionate, and applied in the public interest. Ireland is also in the process of withdrawing from the Energy Charter Treaty, although existing investments may remain protected for a period under sunset provisions.

Tata Steel Hit With €1.4 Billion Dutch Environmental Class Action

By John Freund |

Tata Steel is facing a major legal challenge in Europe after a Dutch environmental foundation launched a large-scale collective action seeking approximately €1.4 billion in damages related to alleged environmental and public health impacts from the company’s steelmaking operations in the Netherlands. The claim targets Tata Steel Nederland and Tata Steel IJmuiden, which operate the sprawling IJmuiden steelworks near Amsterdam.

An article published by MSN reports that the lawsuit has been filed by Stichting Frisse Wind.nu, a nonprofit representing residents living in the vicinity of the IJmuiden plant. The claim alleges that years of harmful emissions, particulate matter, noise, and other pollution from the facility have led to adverse health effects, reduced quality of life, and declining property values for people in surrounding communities. The foundation is seeking compensation on behalf of affected residents under the Netherlands’ collective action regime, which allows representative organizations to pursue mass claims for damages.

According to the report, the lawsuit has been brought under the Dutch Act on the Resolution of Mass Claims in Collective Action, known as WAMCA. This framework requires the court to first assess whether the claim is admissible before any substantive evaluation of liability or damages takes place. If the case proceeds, it could take several years to resolve given the scale of the alleged harm and the number of potential claimants involved.

Tata Steel has strongly rejected the allegations, describing them as speculative and unsupported. The company has stated that it intends to vigorously defend the proceedings and argue that the claims fail to meet the legal standards required under Dutch law. Tata Steel has also pointed to ongoing efforts to reduce emissions and modernize its European operations as part of its broader sustainability strategy.

Pogust Goodhead Seeks Interim Costs Payment

By John Freund |

Pogust Goodhead, the UK law firm leading one of the largest group actions ever brought in the English courts, is seeking an interim costs payment of £113.5 million in the litigation arising from the 2015 Mariana dam collapse in Brazil.

According to an article in Law Gazette, the application forms part of a much larger costs claim that could ultimately reach approximately £189 million. It follows a recent High Court ruling that allowed the claims against BHP to proceed, moving the litigation into its next procedural phase. The case involves allegations connected to the catastrophic failure of the Fundão tailings dam, which resulted in 19 deaths and widespread environmental and economic damage across affected Brazilian communities.

Pogust Goodhead argues that an interim costs award is justified given the scale of the proceedings and the substantial expenditure already incurred. The firm has highlighted the significant resources required to manage a case of this size, including claimant coordination, expert evidence, document review, and litigation infrastructure. With hundreds of thousands of claimants involved, the firm maintains that early recovery of a portion of its costs is both reasonable and proportionate.

BHP has pushed back against the application, disputing both the timing and the magnitude of the costs being sought. The mining company has argued that many of the claimed expenses are excessive and that a full assessment should only take place once the litigation has concluded and overall success can be properly evaluated.

The costs dispute underscores the financial pressures inherent in mega claims litigation, particularly where cases are run on a conditional or funded basis and require sustained upfront investment over many years.

Litigation Capital Management Faces AUD 12.9m Exposure After Class Action Defeat

By John Freund |

Litigation Capital Management has disclosed a significant adverse costs exposure following the unsuccessful conclusion of a funded Australian class action, underscoring the downside risk that even established funders face in large-scale proceedings.

An article in Sharecast reports that the AIM-listed funder revealed that the Federal Court of Australia has now quantified costs in a Queensland-based class action brought against state-owned energy companies Stanwell Corporation and CS Energy. The court ordered costs of AUD 16.2 million in favour of each respondent, resulting in a total adverse costs award of AUD 32.4 million. The underlying claim was dismissed earlier, and the costs decision represents the next major financial consequence of that loss.

While LCM had after-the-event insurance in place to mitigate adverse costs exposure, that coverage has now been exhausted. After insurance, an uninsured balance of AUD 19.9 million remains. LCM expects to contribute AUD 12.9 million of that amount directly, with the remaining balance to be met by investors in its Fund I vehicle.

The company has emphasized that the costs awarded were standard party-and-party costs, not indemnity costs, and stated that the outcome does not reflect adversely on the merits of the claim or the conduct of the proceedings. Nonetheless, the market reacted sharply, with LCM’s share price falling by more than 14% following the announcement.

LCM also confirmed that it has already lodged an appeal against the substantive judgment, with a two-week hearing scheduled to begin in early March. In parallel, the funder is considering whether to challenge the costs quantification itself, alongside an appeal being pursued by the claimant. The company noted that discussions with its principal lender are ongoing and that its previously announced strategic review remains active, with further updates expected in the coming months.

An LFJ Conversation with Rory Kingan, CEO of Eperoto

By John Freund |

Rory is the CEO of Eperoto, championing the use of decision analysis to improve clarity around litigation and arbitration risk. Originally from New Zealand, he's worked within legal technology for decades, delivering innovative solutions to the top global firms, government, as well as specialist legal boutiques.

Below is our LFJ Conversation with Rory Kingan:

Eperoto’s approach emphasizes using lawyer judgment rather than AI or data-driven models. Why is that distinction important, and how does it build trust among lawyers, funders, and other stakeholders?

At Eperoto, we believe that lawyer judgement is the foundation of credible litigation and arbitration analysis. High-stakes disputes aren’t like consumer tech problems where large-scale historical data exists and small inaccuracies are insignificant. They're unique, context-dependent situations where experience and nuanced legal reasoning are irreplaceable. In most commercial cases, AI simply doesn’t have the training data or contextual nuance to make defensible predictions. Right now it also struggles with the complexity of jurisdictional variation and the role of precedent. No funder or sophisticated client should rely on a generic model to value a multi-million-dollar dispute.

Litigation and arbitration are inherently grey-zones. Outcomes turn not only on points of law, but also on credibility assessments, witness performance, tribunal psychology, and how fact narratives are perceived. These are areas where AI is weak and where judges and experts routinely disagree. Research across behavioural psychology and negotiation theory shows that human reasoning is still essential in these environments. Lawyers will often use an AI tool as a sounding board to explore different ideas and arguments, but ultimately they rely on their own judgement and reasoning to assess how different elements of the case are likely to unfold.

Eperoto is therefore built around a simple principle: Lawyers make the judgement; the platform helps them to structure and quantify it.

This distinction builds trust for three reasons:

  1. It reflects how top practitioners already work. Clients retain leading counsel for their experience, intuition, and ability to form a reasoned opinion, not for machine-generated answers.
  2. It avoids “false precision.” AI-driven confidence levels often create a misleading impression of certainty. Eperoto keeps the human experts in control.
  3. It aligns with stakeholders’ expectations. Funders, insurers, GCs, CFOs and boards want a lawyer’s professional assessment, but expressed in a structured, decision-analytic way. Eperoto strengthens, rather than replaces, that judgment.

The result is a decision-analysis workflow that is transparent, explainable, and fully grounded in legal expertise. Precisely what stakeholders need to trust the numbers behind a funding or settlement decision.

When litigation funders assess potential cases, they often rely on intuition and experience. How does Eperoto help them quantify risk and likely outcomes in a way that strengthens those investment decisions?

Every litigation funder knows that a case is a contingent asset, and valuing that asset depends on understanding the likelihood of outcomes at trial or arbitration. Yet the process used to reach those views is usually unstructured, highly subjective, and difficult to defend when presented to an investment committee or external partner.

Eperoto addresses this by helping lawyers to apply decision-tree analysis. This is a method used for decades in energy, pharma, finance, and indeed litigation. Instead of relying purely on intuition, lawyers:

  1. Map the key uncertainties. What issues drive liability? Likely quantum outcomes? How might damages be reduced? Where do procedural or evidentiary risks sit?
  2. Assign probabilities grounded in legal judgment. No AI predictions: purely the lawyers’ professional view expressed clearly rather than implied.
  3. Estimate costs & cost-shifting, interest, and any enforcement risk.

From this the tool calculates a visual quantitative risk report, showing funders the likely outcomes, expected value, downside scenarios, tail risk, and more.

This sort of analysis:

  • makes an investment case more rigorous,
  • dramatically improves internal and external defensibility, and
  • surfaces insights impossible to see from narrative memos alone.

Funders, insurers, and counsel repeatedly tell us that this level of clarity is transformative. It sharpens decisionmaking, strengthens underwriting discipline, and improves alignment across stakeholders. Over time, a consistent, structured approach creates a more disciplined portfolio and generates a feedback loop that measurably improves investment decisions.

Clearer communication of risk and value benefits all stakeholders. What are the biggest barriers to achieving that clarity in practice?

The biggest barrier is language ambiguity. A typical merits opinion reads something like:

“It's most likely the defendant will be found liable for X, with only an outside chance the court will accept the argument Y. Damages could be as high as Z.”

Terms such as “very likely,” “little chance,” or “low risk” are interpreted wildly differently by different people, even among seasoned professionals. Research consistently shows a huge disparity in how people interpret such terms. For example "unlikely" can be interpreted as meaning anywhere from below 10% to over 40% likely to occur. Your investment decisions shouldn’t be subject to this margin of error just from internal communications.

A second barrier is complexity overload. Lawyers often present lengthy written analyses where different legal issues are explained sequentially:

“X might happen, but if not then Y. In that case Z will determine…”

Decision-makers are left to combine all these uncertainties mentally, plus litigation costs, insurance, interest, enforcement risks, appeal probabilities, and timing assumptions. Even highly experienced professionals can't intuitively do this correctly.

Eperoto solves these issues in three ways:

a) It forces clarity through quantification. “80% likelihood the contract is valid” is unambiguous, whereas “very likely” may be understood as 65% by one person and 95% by another.

b) It combines the factors automatically. No one needs to mentally integrate legal issues, damages pathways, costs, or conditional dependencies.

c) It presents the analysis visually. Charts and diagrams let stakeholders see the shape of the dispute, rather than reading dense text.

Together these remove unnecessary complexity, leaving stakeholders to focus on the true strategic questions rather than being stuck in ambiguous details.

Many lawyers hesitate to provide quantitative estimates because they fear being “wrong.” How do you encourage practitioners to engage with uncertainty in a more structured, transparent way?

This is a common concern, but it fundamentally misunderstands what quantification achieves. Providing estimates numerically doesn't remove uncertainty, it communicates it transparently. The alternative isn't "not being wrong"; it's being vague, which is far worse for the client or investor.

Sophisticated clients, funders, and boards understand that litigation outcomes are uncertain. What they want is clarity, not perfection. Yes, you should still make clear that a percentage estimate is not a promise; it is a transparent reflection of professional judgement, less ambiguous than vague adjectives. But once everyone accepts that, it allows for greater clarity and indeed honesty.

We encourage lawyers to adopt a mindset similar to experts in other industries:

  • Quantification is not about being right; it’s about making uncertainty explicit.
  • A structured model allows you to compare multiple scenarios, e.g. optimistic vs pessimistic or comparing different counsel’s assessments.
  • Visual decision-trees help practitioners and clients see how different issues interact without needing to commit to one “correct” narrative.

Lawyers often find that once they begin using numeric estimates and decision trees, discussions with clients become easier, expectations align more quickly, and advice becomes more defensible. Many even rely on the visual component alone when presenting paths, strategy, and what truly drives the dispute.

How can tools like Eperoto help bridge the gap between legal reasoning and financial analysis, bringing dispute resolution closer to the standards of decision-making seen in other business contexts?

Business-critical decisions in energy, pharmaceuticals, and corporate strategy have used quantitative decision analysis for decades. A pharmaceutical company wouldn't greenlight a $50M clinical trial based on phrases like "good chance of success" or "strong scientific rationale". They'd model probabilities, conditional outcomes, and expected value. Yet litigation decisions involving similar amounts often rely on purely that kind of qualitative language.

The gap isn't from a lack of judgment. It's that legal reasoning and financial decision-making speak different languages. Lawyers think in terms of arguments, precedents, and likelihoods. Funders think in terms of expected values, downside risk, and portfolio returns. Eperoto translates between these worlds.

Here's a concrete example: A law firm presents a case with "strong liability prospects" and "substantial damages potential." The investment committee sees an attractive headline but struggles to assess the risk. Using Eperoto, counsel maps the decision tree and reveals that while liability looks good at 70%, the real value driver is a secondary issue: whether a contractual damages cap applies. If the cap doesn't apply, a 40% likelihood, it would triple the recovery. The investment thesis becomes clear: this isn't a simple 70% bet on liability; it's a case where the upside scenario creates most of the expected value. That fundamentally changes how you price the funding, structure the terms, and think about settlement strategy.

This kind of insight can easily be buried in a narrative memo but obvious when properly structured.

Specifically, Eperoto enables:

1. A common analytical framework - When counsel says "we have a strong case but quantum is uncertain," Eperoto forces that assessment into a structure funders recognize: probability-weighted scenarios with costs, timing, and enforcement risk factored in. This isn't dumbing down legal analysis; it's making it actionable.

2. Proper treatment of uncertainty - In portfolio management, no one expects point estimates: they expect distributions, scenarios, and sensitivity analysis. Eperoto brings that same rigor to litigation assets, showing not just expected value but the shape of the risk distribution. What's the 10th percentile outcome? How sensitive is the return to different assumptions? This is standard practice in all other asset classes.

3. Defensible investment decisions - Just as a PE firm documents the assumptions behind an acquisition, funding decisions should have the same analytical discipline. Eperoto creates an audit trail showing why a deal was approved or a settlement accepted, based on structured analysis rather than gut feel. Critical for investment committee scrutiny and stakeholder confidence.

4. Portfolio-level insights over time - Applying decision analysis consistently across a portfolio creates compounding benefits. Funders develop better calibration of their judgment, identify patterns of cases that outperform or underperform expectations, and build institutional knowledge about what drives value. Over time, this disciplined approach strengthens underwriting quality and improves portfolio returns. Just like how data-driven decision-making in other industries creates feedback loops that enhance performance.

The result is that litigation funding can be managed with the same analytical rigor as any other alternative asset class. Lawyers retain their essential role as expert judgment-makers, but that judgment gets expressed in a framework that investment committees can understand, stress-test, and defend to stakeholders.