All Articles

3374 Articles

Pathways to Improve Alignment Between Funders and Claimants in Funding Structures

By Harry Moran |

Omni Bridgeway’s Gian Kull and Simon Latham explore the topic of ‘funding structures in opt-out CAT proceedings’, identifying key methods to improve alignment between litigation funders and claimants whilst ensuring a sustainable future for UK litigation funding.

In their LinkedIn post, Kull and Latham frame their analysis by stating that an optimal funding structure is one that “must balance the interests of funders, legal representatives and claimants, as well as consider the perspectives of defendants such that settlement is not impeded or overcomplicated.” 

The article lays out the following three options that funders could explore to improve this alignment:

  1. The Case for Funders Charging a Percentage of Damages
  2. Introducing Damages-Based Agreements in the CAT
  3. Making Invested Capital and Contingent ATE Premia Recoverable from Defendants

Kull and Latham explain not only the differing advantages of each of these options, but also suggest areas where safeguards or additional requirements could be introduced to ensure efficiency and protect claimants. With these options detailed, the authors conclude that a “hybrid approach, combining capped percentage-based funding with DBAs for legal fees and third-party funding for ancillary costs, alongside the recovery of invested capital and contingent premia from defendants, may offer the most balanced solution.”

The full analysis from Kull and Latham can be read here.

CAT Judgments and CJC Review to Define UK Litigation Funding in 2025

By Harry Moran |

An article in CDR looks ahead to the UK litigation landscape in 2025, speaking with funders, litigators and barristers to see what these industry insiders view as the most likely trends for the upcoming calendar year. When it comes to funding, the issues highlighted were the Competition Appeal Tribunal (CAT), the funding of group actions and the highly-anticipated Civil Justice Council (CJC) review into third-party funding which is expected to be completed in the summer of next year.

Gian Kull, investment manager at Omni Bridgeway, noted the headwinds around the “availability of capital in the UK has reduced because several funders have stopped funding new cases.” He also explained that the ongoing impact of the Supreme Court’s PACCAR decision is that funding has become more expensive, due to the required “change of pricing structures”. Moving forward, Kull emphasised that the most important thing was to gain “clarity from the CAT” through judgments handed down next year, which he suggests will “confirm whether it is a fundable pathway”. 

Sarina Williams, partner at Linklaters, described the CJC review as “the single biggest driver of how class actions develop in the UK”, with the CJC’s recommendations set to shape the government’s legislative approach to the PACCAR issue. Williams argues that if funders get their way and the CJC “says that self-regulation is working well”, then it is likely that the UK will continue to be “an attractive jurisdiction for funders.”

5 Ways to Retain Top Legal Talent: Why Employees Stay

By Richard Culberson |

The following article was contributed by Richard Culberson, CEO of Moneypenny & VoiceNation, North America.

The legal profession is evolving rapidly, and so is the workforce driving it. This makes retaining top talent critical to ensuring continuity, quality of service, and avoiding the costs and disruption of frequent recruitment.

According to data from the U.S. Bureau of Labor Statistics, over 47 million Americans left their jobs in 2021 alone, with millions continuing to do so each month. For businesses , this turnover presents both a challenge and an opportunity to understand what employees truly value and how to build a workplace they won’t want to leave.

Here are five steps to guide you in creating a workplace where professionals feel supported, motivated, and committed to growing with your firm.

1. Hire for Culture and Potential

The stakes are high in legal recruitment, and hiring the wrong person can have a ripple effect on morale, productivity, and client relationships. So, let’s slow down and hire right.

Instead of focusing solely on technical skills and qualifications, look beyond the resume for candidates whose values align with your firm's culture and long-term goals. Diversity of thought and perspective is an asset in all business and adaptability is increasingly important. The first step is to revisit your hiring process to ensure you’re asking the right questions and seeking individuals who can not only excel in the role today but also grow with your firm in the future.

2. Invest in Their Professional Journey

Your people are your greatest assets, and just like your clients, they require attention and investment. You’ve spent time hiring right, now, it is time to invest in your choices, ensuring that they are set up to succeed from day one.

Make their onboarding experience seamless and engaging but also show them the culture and career path you promised during recruitment. Then, continue this thinking beyond the onboarding and provide opportunities for professional development through training, mentoring, and clear advancement pathways.

In the competitive legal sector, demonstrating a proactive commitment to employee growth and well-being is key to retaining top talent, ensuring your team feels valued and supported in reaching their full potential.

3. Foster Engagement Through Purpose

We all know that engaged employees are productive employees, but often it is forgotten that engagement starts with clarity. Do your team members understand how their daily work contributes to the firm's overall success?

Lawyers are often driven by purpose—whether it’s delivering justice, protecting client interests, or achieving innovative outcomes. So, make it a priority to connect their individual roles to the bigger picture and, in doing so, celebrate their contributions, involve them in decision-making, and foster an environment of trust and open communication.

By aligning their goals with the firm's mission, you create a workplace where everyone feels invested in the outcomes.

4. Lead with Empathy and Kindness

The legal world is often synonymous with high pressure and long hours, but that doesn’t mean kindness should take a backseat. Empathy and understanding go a long way in fostering loyalty and trust. It is important, therefore, to recognize achievements, whether big or small, and make time to connect with your team on a human level. From writing a personal thank-you note for a job well done to ensuring flexible working arrangements during challenging times, it’s often the little things that make the biggest difference.

Kindness isn’t a sign of weakness—it’s a powerful tool for building a resilient and loyal team.

5. Make Retention a Continuous Process

Retention isn’t a one-time initiative—it’s an ongoing commitment. Law is a people-centered business so embed employee well-being, recognition, and development into the core of your firm’s culture.

Create an environment where your people feel genuinely appreciated, understood, and aligned with the firm’s vision. By doing this, you’ll cultivate a culture of loyalty and stability, where your team thrives—and your clients benefit as a result.

Why Employees Stay

In a profession where your people are your greatest asset, putting them first is essential. A happy, engaged team isn’t just good for employee retention; it directly impacts client satisfaction and the firm’s reputation.

By investing in your employees, fostering connection, and leading with empathy, you can ensure your firm remains competitive, resilient, and ready to face the future with the best team by your side.

Nera Capital Secures Additional $25 million in New Funding Deal

By Harry Moran |

Top litigation finance firm Nera Capital is ending the year on a high with the announcement of yet another successfully closed funding deal, this time securing $25 million to bolster UK consumer protection claims.

The funding, secured through a US-based investment partner, reflects yet another significant milestone for the firm as it continues to build momentum and strengthen its foothold in the market. 

This recently closed funding deal builds on a prosperous year of growth for Nera Capital, further demonstrating its capabilities across the globe. The investment will be directed towards advancing claims that protect UK consumers, enabling greater access to justice for individuals seeking redress.

With offices in Dublin, Manchester, and Amsterdam, Nera Capital has consistently demonstrated its commitment to driving innovation and impact in litigation finance worldwide. This latest funding announcement underscores Nera Capital’s ability to forge strategic international partnerships that deliver meaningful results. 

In 2024, Nera have hit record numbers of settlements, deployment and company profitability but also grown major portfolio positions in Europe and the USA.

Aisling Byrne, Director at Nera Capital, commented on the announcement: “We are happy to have closed yet another significant funding deal, further cementing our position as a leading force in consumer protection litigation. We anticipate this initial facility figure will increase as our partnership strengthens and thrives over time.

She added: “This is not just about financial growth; it’s about expanding our ability to make a difference. With this funding, we are reinforcing our commitment to fairness and justice, empowering consumers, and holding organisations accountable.”

The announcement follows the recent launch of Nera Capital’s £250,000 Access to Justice Fund, aimed at providing legal and financial support to those who may otherwise face barriers to justice.

The firm’s efforts come at a time of heightened focus on consumer rights across the world, driven by evolving legal frameworks, increased attention to data privacy, and growing concerns about sustainability and corporate accountability.

“This funding is another step forward in a year of tremendous progress for Nera Capital,” Aisling continued.

“As we look to 2025, we remain committed to leveraging our resources and expertise to protect consumers and advocate for justice on both sides of the Atlantic.“ 

About Nera Capital 

·       Established in 2011, Nera Capital is a specialist funding provider to law firms.  

·       Provides Law Firm Lend funding across diverse claim portfolios in both the Consumer and Commercial sector. 

·       Headquartered in Dublin, the firm also has offices in Manchester and Holland. 

·       Member of European Litigation Funders Association

.     www.neracapital.com

Key Takeaways from LFJ’s Virtual Town Hall: 2024 Recap & 2025 Outlook

By John Freund |

Last week, LFJ hosted its final virtual town hall of the year which covered an array of key developments and trends in the legal fundng sector. Panelists included Tets Ishikawa (TI), Managing Director of LionFish, Boris Ziser (BZ), Co-Head of the Finance Group at Schulte Roth and Zabel, William Marra (WM), Director at Certum Group, and Sarah Johnson (SJ), Head of the Litigation Investing Team at The D.E. Shaw Group. The panel was moderated by Rebecca Berrebi (RB), Founder and CEO of Avenue 33, LLC.

Below are the key takeaways from the event.

RB: What are the key changes that have effected the regulatory landscape of litigation finance in 2024, and how do you think those changes have affected deals in the industry this year?

TI: There's been quite a few symbolic moments over the past two years. There was a proposal [The Voss Report] saying that litigation funding should be regulated and there should be a cap on fees. In the UK, there as a Supreme Court decision in the case of PACCAR that considered litigation funding agreements to be damages-based agreements, basically making a lot of litigation funding agreements unenforceable. And that has triggered an industry-wide review of the litigation funding industry in the UK by the Civil Justice Council. And that is ongoing, with a report expected next year, and the government may act on those recommendations and enact legislation.

In addition to all of that, there was a report written by the European Law Institute, which is probably the most interesting thing to focus on. Rather than the usual high level narratives of what's good and bad about litigation funding, it actually proposed principles on the back of research and feedback that it got on all sides of the argument. And it was written by some really highly regarded judges and academics. And the report was quite balanced. But what was really interesting about the report was that it set a tone for the direction of how the UK should really be thinking about litigation funding. The key themes coming out of it are that 1) there is no one size fits all solution-litigation funding has many different parts to it, and 2) that regulation is not just something one does, but there needs to be a real identifiable problem that regulation resolves, otherwise there could be a lot of adverse consequences, and that recognition is key. There is also the recognition that funders do run commercial businesses, so there has to be an economically viable solution.

RB: Deal structures evolve as time goes on, and certainly have evolved in our industry. Boris, can you speak to any particular deal structures that have become less popular this year than they were before, or have started to fall by the wayside?

BZ: I wouldn't say any have fallen by the wayside, I think that there has been a little bit of a shift - if you go back a number of years, you would see there were more debt deals than equity deals, and that was for various reasons, some of it was preference, some was tax-driven, some was based on an analysis of whether you would be splitting legal fees and things like that - and I think over the last couple of years, you have seen more of a shift where more parties are comfortable with equity deals, particularly with the introduction of alternative business structures in Arizona and Utah. So I don't think that anything has gone by the wayside, but there has been more comfort and more development on the equity side of the business.

RB: Will, do you see that too? What do you think about that?

WM: Yeah I think that's right. What's interesting is, there hasn't been that much development on the question of which provisions in litigation funding contracts may or may not be enforceable, or the big question of tax clarity. I think Boris makes a very good point about Rule 5.4, the debate around that has largely settled. So you do see an increase around law firm deals. I think this question is also tied up with the increasing diversification of products available, and if you start too think about insurance, and insurance-backed debt, and debt plus equity in these deals, we're seeing a lot of that. We're also seeing an increase in acquisitions to the extent that claims are alienable and can be acquired. I think that a lot of claim holders are seeing a lot of benefits entering into those sorts of arrangements.

RB: Sarah, what deal structures do you think are growing in popularity, and why do you think that is happening?

SJ: We've seen something similar in the shift from debt to equity. I might characterize it though as a move away from debt to law firms, where your collateral is a lot of cases. I think we've seen those deals - especially the ones that happened before Covid - there were a lot of different risks that were introduced rather than just the underlying litigation. The amount of OpEx that the law firm needed to survive, and when you're debt financing for the whole firm, it gets very complicated. So we've seen a shift away more to - I won't say single cases - but perhaps smaller portfolios with a law firm, so you can target your exposure and share more of the risk and OpEx with the law firms themselves.

We've also seen a bifurcation in terms of the size of deals. We're seeing some more very large deals, like $100MM+ deals, and also small single cases, than perhaps we saw in previous years. We're just seeing a lot of one-off single case deals where funders can share the risk, vs. entire portfolio monetizations.

To view the entire discussion, join the event page on LinkedIn (you must register for the event to view).

Community Spotlights

Community Spotlight: Joshua Libling, Founder & Managing Director, Arcadia Finance

By John Freund |

When not reading fantasy novels or torturing his family with off-key showtunes, Joshua Libling manages Arcadia Finance's operations and financial analytics. For clients, his focus is on translating subjective legal merits assessments into trackable risk data that informs Arcadia’s investment decisions and portfolio construction. It’s a topic he loves to discuss, so don’t ask him what that means if you’re looking for a short conversation.

He is also responsible for modeling and operations at Arcadia. Joshua joined the litigation finance industry at the beginning of 2020, quickly gravitating to risk analysis and control. For his work, he has been recognized among Lawdragon’s “Global 100 Leaders in Legal Finance.” Before co-founding Arcadia in June of 2024 with fellow Managing Directors Ronit Cohen and David Kerstein, Joshua served as a member of the senior leadership at Validity Finance, with primary responsibility for risk analysis and pricing tools. He was previously a litigator at Boies Schiller Flexner, where he was involved in some of the country’s highest-profile and highest-stakes litigations.  

Company Name and Description: At Arcadia Finance, we go beyond traditional litigation finance to provide frictionless funding, empowering clients and partners to achieve their legal goals through customized financial solutions and unparalleled support. Our seamless collaboration, clear deal terms, and broad mandate empower clients to navigate challenges, make informed decisions, and secure capital - fast.

Led by industry veterans with over $425 million invested across 80+ deals, Arcadia Finance offers adaptable solutions for all–from litigation boutiques to AmLaw firms and corporations. Arcadia Finance's mission is to invest in meritorious litigation, and with backing from multiple and flexible capital providers, we find new ways to help clients and law firms finance, monetize, and share risk on their legal assets. Our solutions include everything from traditional single-case funding and law firms portfolios, to purchasing companies or patent portfolios whose primary value is litigation. At every stage from pre-litigation to appeal and enforcement, Arcadia has the experience, flexibility, and capital to assist.

Company Website: arcadiafin.com

Year Founded: 2024

Headquarters: New York, New York

Area of Focus: With a focus on U.S.-based commercial and patent litigation and domestic and international arbitration, Arcadia Finance is open to the full spectrum of litigation-based assets, from mass torts to law firm lending to patent acquisition, including cross-border and offshore matters. We consider cases in all federal and state courts, as well domestic and international arbitrations.    

Member Quote: "At Arcadia Finance, we specialize in helping our partners find the path from a good legal claim to a good legal investment."

Express Legal Funding Launches Custom-Designed Website Redesign

By Aaron Winston |

The following was contributed by Aaron R. Winston, Strategy Director of Express Legal Funding.

Express Legal Funding, a nationally recognized pre-settlement funding company, is proud to announce the launch of its completely redesigned website. Built on a fully custom WordPress theme, the new website reflects the company’s commitment to innovation, usability, and educating clients through high-quality resources.

Custom-Built for an Exceptional Experience

Unlike generic templates, Express Legal Funding's new site is crafted from the ground up to provide a tailored experience for its users. The custom theme ensures superior functionality, faster load times, and an optimized design that serves both plaintiffs and attorneys. Key elements were developed to improve user engagement and make essential resources more accessible.

Highlighting the Blog: A Resource Hub for Legal Education

One of the standout features of the new site is the expanded and enhanced blog section. The blog serves as a comprehensive resource hub, offering expert insights, step-by-step guides, and practical advice for personal injury plaintiffs and attorneys. Articles are carefully curated and optimized for clarity, ensuring visitors gain valuable knowledge about legal funding and related topics.

Recent posts include:

Aaron Winston, Strategy Director at Express Legal Funding, shared, “Our blog has become an indispensable tool for helping consumers make informed legal and financial decisions. With the redesign, we’ve elevated it to a new level, blending visually engaging content with highly relevant information.”

Key Features of the Redesigned Website:

  • Custom Theme Development: Tailored design and functionality to meet the unique needs of Express Legal Funding’s clients and partners.
  • Interactive Case-Type Summaries: A dynamic widget allows visitors to explore various case types and their funding options in detail.
  • Responsive Design: Built with mobile-first principles, ensuring a seamless experience across all devices.
  • Enhanced Blog: A centralized platform for high-quality, SEO-optimized content that provides actionable insights and legal education.
  • Transparent Pricing Comparison: A detailed section highlights how Express Legal Funding’s rates outperform competitors, reinforcing its commitment to affordability and fairness.

A Commitment to Transparency and User Empowerment

The new website demonstrates Express Legal Funding’s dedication to educating and empowering its audience. Each feature is designed with transparency and ease of use in mind, ensuring that clients have the tools and information they need to make confident decisions about pre-settlement funding.

“Our custom redesign reflects who we are as a company—dedicated, transparent, and forward-thinking innovators,” said Winston. “We’re excited to share our new look and continue to be a trusted resource for personal injury plaintiffs and attorneys.”

Visit the New Website Today

The newly redesigned website is now live at ExpressLegalFunding.com. Explore the updated features and discover how Express Legal Funding continues to bridge the gap between lawsuits and settlements through affordability, transparency, and client-centric services.


About Express Legal Funding:

Express Legal Funding is a pre-settlement funding company based in Plano, Texas, offering financial support to plaintiffs during their legal battles. With an emphasis on education, affordability, and transparency, the company empowers clients to cover essential living expenses while pursuing fair settlements.

Delta Capital Partners Welcomes Accomplished Professionals to C-Suite

By Harry Moran |

Delta Capital Partners Management, an SEC registered investment adviser specializing in litigation and legal finance, is pleased to announce as additions to the firm Jason Searfoss as Chief Financial Officer, Elinoar Sofer as Chief Operations Officer, and Michael Ouliel as Chief Intelligence Officer. 

Mr. Searfoss will be responsible for Delta’s finance, accounting, and administrative functions and will oversee all capital market activities, tax and valuation matters. Ms. Sofer will oversee the day-to-day operations and management of Delta, while Mr. Ouliel will assist with business intelligence activities in the firm’s management and monitoring of the cases in its portfolio or under consideration for investment.

Mr. Searfoss, an advisor to numerous startup and growth-stage technology companies, is a Cofounder of and served as Chief Financial Officer and Chief Investment Officer of Boomtown, a leading technology startup accelerator with more than 200 portfolio companies. A veteran of the litigation finance industry, Mr. Searfoss was also the founding Chief Financial Officer, a General Partner, and member of the Investment Committee of Longford Capital, a leading litigation funder. “I have known and worked closely with Chris DeLise and the Delta team for well over a decade and I am excited about the future of the organization. Litigation finance is an attractive and evolving asset class, and Delta’s strengths stand out in the industry,” said Searfoss.

Prior to joining Delta, Ms. Sofer previously served as the Chief Operating Officer of BlackSwan Technologies, a leading global technology AI startup. In this capacity, she scaled the company across six subsidiaries within the US, EMEA and Asia and successfully raised capital and secured valuable commercial partnerships with leading Fintech companies. “I am thrilled to be joining the very talented team at Delta and I am looking forward to collaborating with Chris DeLise and the senior team in building on their ongoing success and executing Delta’s ambitious growth plans,” said Ms. Sofer.

Before his tenure at Delta, Mr. Ouliel founded and acted as the CEO of Ripples Homeland Security Group. Ripples was a global technology company with a focus on building large and complex intelligence and investigation systems for governments and large multinational enterprises globally. Mr. Ouliel was also the founder and CEO of BlackSwan Technologies, where he was named among the Top 50 AI CEOs of 2021 by Technology Innovators magazine. In recent years, Mr. Ouliel has been acting as a special advisor to multiple governments and federal agencies in the area of technology, primarily focused on intelligence, counter terror, HUMINT, and extremism. Mr. Ouliel expressed that he is “thrilled and excited to join the excellent team at Delta” and that the opportunity presented an “outstanding value proposition and business model for which his “skills and expertise will bring unique opportunities to the litigation funding market.”

Christopher DeLise, Delta’s founder, CEO and Co-CIO stated that he is “very proud to have such esteemed professionals join Delta as it is continues its growth and development in dynamic markets and verticals. The litigation finance industry has significantly changed over the past 14 years, which necessitates bringing on board very seasoned professionals to best enable the firm to adapt and profit from these developments. I have known each of Jason, Michael and Elinoar for over a decade, frequently collaborating on one-off projects, and therefore it made great sense to have them join the Delta team on a permanent basis as we embark on our latest set of growth initiatives and new product offerings.”   

About Delta

Delta Capital Partners Management LLC is a US-based, global asset management firm specializing exclusively in litigation and legal finance, judgment and award enforcement, and asset recovery.  Delta creates bespoke financing solutions for professional service firms, businesses, governments, financial institutions, investment firms, and individual claimants to enable them to investigate claims, pursue litigation or arbitration, recover assets, enforce judgments or awards, and more effectively manage their risks, cash flow, and capital expenditures.

Burford Capital Funds Competition Claim Against Google

By Harry Moran |

Law firm Geradin Partners has revealed that, alongside Dr Or Brook, they will be filing an opt-out competition damages claim against Google in the Competition Appeal Tribunal (CAT). The claim, which is being brought on behalf of UK-domiciled advertisers, focuses on allegations that Google abused the market dominance of its search engine services and engaged in anticompetitive behaviour to charge unreasonably high prices for these advertisers.

Geradin Partners said that the claim is estimated to be valued at over £5 billion, with the action being supported by litigation funding from Burford Capital. Alongside Geradin Partners, Dr Brook has engaged a legal team including: Robert O’Donoghue KC (Brick Court), Kieron Beal KC (Blackstone Chambers), and Daniel Carrall-Green (Fountain Court). The announcement did not specify a date, but said that the claim would be filed in the CAT “shortly”.

Dr Brook explained the reasoning behind bringing the action, saying: “Google has adopted a deliberate strategy to maintain its dominance in online search through a range of anticompetitive behaviours aimed at excluding its rivals, to the severe detriment of advertisers. I am bringing this litigation to ensure that advertisers in the UK are given the opportunity to be compensated for the harm they have suffered at Google’s hands as a result of these unfair practices.”

Damien Geradin, Founding Partner of Geradin Partners, provided the following statement: “Google has eliminated rivals on the general search services and general search text advertising markets through a variety of exclusionary practices, which has led UK-domiciled advertisers to be overcharged by billions of pounds. We are committed and well-resourced to obtain redress on their behalf.”