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LitFin Accused of Hijacking Kandinsky Art-Theft Suits

By John Freund |

A high-stakes recovery effort for a trove of Russian avant-garde art has devolved into a funder–claimant showdown. The family of the late collector Uthman Khatib alleges that Prague-based LitFin Capital withheld payments and sought to take control of litigation tied to roughly 1,800 works—including pieces by Wassily Kandinsky, Kazimir Malevich, and El Lissitzky—allegedly stolen from German storage in 2019. Dentons partner Heiko Heppner, counsel to the Khatibs, says LitFin crossed ethical lines by conditioning fee payments on the ability to directly steer the suits and even pressing for the Khatibs’ removal from the claim.

An article in Bloomberg Law reports that the dispute has moved to private arbitration in Frankfurt, where the Khatibs accuse LitFin of breaching a funding agreement reportedly sized at €8.5 million. After initially financing recoveries—including a 2024 police raid in France that turned up a large cache—the relationship soured; by late 2024 LitFin had disbursed about €3.7 million and then stopped paying, according to the family. The Khatibs say the funder insisted Dentons take instructions directly from LitFin and would release roughly €2 million in unpaid fees only if it could assert greater control. LitFin CEO Maroš Kravec declined to discuss ongoing proceedings, saying the firm is committed to transparency and will vigorously defend against “unfounded” accusations.

The litigation is in flux following the July death of Uthman Khatib; proceedings against alleged orchestrator Mozes Frisch and the arbitration with LitFin are paused pending estate matters, though a related French case continues. Around 400 works are currently held by French and German courts; the whereabouts of many others remain unknown. The clash lands amid intensifying scrutiny of funder influence, with recent U.S. state measures in Georgia and Louisiana explicitly curbing funder control.

For legal finance, the case spotlights the fault line between capital provision and case control—particularly in cross-border asset recoveries where monetization paths are complex. Expect renewed focus on governance terms, fee-release mechanics, and escalation protocols that minimize brinkmanship without undermining claimant autonomy.

Innsworth, Mastercard in spotlight as UK class actions swell

By John Freund |

A new snapshot of the UK’s class action landscape suggests a market that is growing in size while facing sharper scrutiny. Drawing on data published by law firm CMS, the total value of UK class actions reached roughly £135bn in 2024, with opt-out claims continuing to dominate the Competition Appeal Tribunal’s docket and Big Tech among the most frequent targets. The report’s topline figures underline just how central collective actions have become to consumer redress and market regulation in the UK.

An article in City A.M. frames the numbers against several pressure points for third-party funding. In May, after nearly nine years of litigation, the Tribunal approved a £200m settlement in Merricks v Mastercard over the objections of funder Innsworth Capital, which had argued the result undervalued the claim. The piece also notes the UK government’s new call for evidence on the opt-out regime, citing concerns about rising costs and whether outcomes are delivering value for class members. CMS observes that CAT collective proceedings now encompass hundreds of millions of potential class members, even as defendants have begun to notch notable wins at trial.

For funders, the immediate questions are commercial and procedural. Do recent merits outcomes and distribution-phase frictions imply tougher economics at exit? Will the government’s evidence-gathering lead to tweaks on disclosure or certification that change underwriting assumptions? Allocation between opt-out consumer claims and more surgical opt-in strategies may shift if pricing risk rises.

If reforms focus on transparency and class-member value without chilling meritorious claims, well-capitalised managers could benefit from clearer rules of the road. Either way, today’s data supports a view that UK collective actions will remain a core deployment avenue—just with tighter margins and closer oversight.

Burford’s Q2 Profits Surge on New Capital

By John Freund |

Burford Capital has delivered its strongest quarterly performance in two years, buoyed by a swelling pipeline of high-value disputes and a fresh infusion of investor cash.

A press release in PR Newswire reveals that the New York- and London-listed funder more than doubled revenue and profitability in the three months to 30 June 2025. CEO Christopher Bogart credited “very substantial levels of new business” for the uptick, noting that demand for non-recourse financing remains “as strong as we’ve ever seen.”

The stellar quarter follows a lightning-quick, two-day debt offering in July that raised $500 million—capital Burford says will be deployed across a growing roster of commercial litigations, international arbitrations, and asset-recovery campaigns. Management also highlighted significant progress in portfolio rotations, underscoring the firm’s ability to monetise older positions while writing new ones at scale. Investors will get a deeper dive when Burford hosts its earnings call today at 9 a.m. EDT.

Burford’s results arrive amid heightened regulatory chatter in Washington and Westminster, yet the numbers suggest the industry’s largest player is unfazed—for now—by talk of disclosure mandates and tax levies. The firm emphasised that its legal-finance, risk-management and asset-recovery businesses remain uncorrelated to broader markets, a pitch that continues to resonate with pension funds and endowments hunting for alternative yield.

For litigation-finance insiders, Burford’s capital-raising prowess and improving margins could have ripple effects: rival funders may face stiffer competition for marquee cases, while law-firm partners might leverage the firm’s deeper pockets to negotiate richer portfolio deals.

Karyn Cerulli Joins High Rise Financial to Bolster PI Funding

By John Freund |

High Rise Financial has added industry veteran Karyn Cerulli as Regional Vice President of Sales, deepening the Los-Angeles-based funder’s reach into the personal-injury bar. Cerulli spent more than a decade with FindLaw and Thomson Reuters, where she partnered with firms on digital marketing and business-development strategies. In her new role she pivots from lead generation to liquidity, positioning High Rise’s non-recourse advances as a client-care tool for plaintiffs’ firms facing lengthy litigation timelines.

A post on LinkedIn sets out Cerulli’s agenda: hands-on attorney support, a “best rate guarantee,” and white-glove service that places “zero pressure” on case strategy while delivering cash within days. Cerulli frames High Rise as a complement rather than a competitor to existing funders, inviting firms to keep her on standby as a “second option” or safety net when primary partners stall or pricing shifts.

The move comes amid rapid growth for High Rise, which secured a $100 million senior credit facility late last year to expand its pre-settlement portfolio and medical-lien program. The funder touts 24-hour approvals, no credit checks, and repayment only from a successful resolution—features that resonate with Cerulli’s long-time focus on consumer-friendly legal services. With her network of plaintiff-side marketers and case managers, the company hopes to accelerate origination across high-volume auto and premises claims.

Australian High Court Ruling Strengthens Class-Action Funders

By John Freund |

Australia’s litigation-funding industry just received the judicial certainty it has craved.

Clayton Utz reports that the High Court, in Kain v R&B Investments [2025] HCA 26, unanimously held that the Federal Court may impose common-fund orders (CFOs) or funding-equalisation orders at settlement or judgment—ensuring all class members, not just those who signed funding agreements, contribute to a funder’s commission.

The Court reaffirmed Brewster’s bar on early-stage CFOs but found late-stage CFOs fall within the “just” powers of ss 33V(2) and 33Z(1)(g) of the Federal Court Act. Crucially, the bench rejected “solicitor common-fund orders,” ruling that any CFO benefiting plaintiff firms would contravene the national ban on contingency fees outside Victoria.

For funders, the decision cements the enforceability of commissions in nationwide class actions and removes a major pricing risk that had lingered since Brewster. For plaintiff firms, however, the ruling slams the door on a hoped-for new revenue channel.

The Court’s reasoning—tying funding commissions to equitable cost-sharing rather than contingency returns—will likely embolden funders to back larger opt-out claims, knowing a CFO safety-net is available at settlement. Meanwhile, plaintiff firms may redouble lobbying efforts for contingency-fee reform, particularly in New South Wales and Queensland, to reclaim ground lost in today’s judgment. Whether lawmakers move on that front will shape Australia’s funding market in the years ahead.

An LFJ Conversation with Ken Epstein and Matt Leland, Co-Founders, Backlit Capital Solutions

By John Freund |

Ken Epstein is a co-founder and principal of Backlit Capital Solutions and brings 25 years of experience in bankruptcy law, commercial litigation, restructuring and finance. Ken leverages his deep industry expertise to provide tailored solutions for companies, law firms, investors, and individuals navigating complex litigation and financial restructuring challenges.

Prior to co-founding Backlit, Ken was a Senior Investment manager and Legal Counsel in the New York office of Omni Bridgeway, a legal finance and risk management company, where he led the company’s U.S. insolvency litigation finance platform. In this role, he originated, structured, and managed a diverse portfolio of legal assets, playing a key role in many of the firm’s most significant transactions. Prior to his tenure at Omni Bridgeway, he was a managing director at MBIA, a public financial services company, where he led large-scale initiatives and crisis management efforts. He was also on the board of directors of MBIA Services Corp. Ken started his career as a lawyer at Cadwalader, Wickersham & Taft, where he specialized in financial restructuring and corporate bankruptcy law.

Ken graduated from Brooklyn Law School (cum laude) and holds an accounting degree from the University of Maryland. Ken has also served as an adjunct professor of bankruptcy law at Cardozo Law School. He has been recognized in Who’s Who Legal: Thought Leaders – Third Party Funding Guide and the LawDragon Global Restructuring Advisors & Consultants Guide.

Matt Leland brings over 20 years of experience in commercial litigation and litigation finance to Backlit Capital Solutions.  Most recently, Matt was as an Investment Manager and Legal Counsel in the Washington, D.C. office of Omni Bridgeway.  There, Matt sourced and evaluated funding opportunities, negotiated deal terms, and monitored funded matters through to resolution.

Before Omni Bridgeway, Matt served as partner and as a commercial litigator for nearly two decades at AmLaw 100 firms King & Spalding LLP and McDermott Will & Emery LLP, experienced in all facets of civil litigation, including appeals, trials, arbitrations, and mediations. He successfully represented corporate clients engaged in diverse legal issues including government reimbursement claims, contractual disputes, unfair business practices, deceptive trade practices, civil RICO, and trademark infringement. Over his career, Matt helped clients recover hundreds of millions in damages and has extensive experience working closely with corporate executives and in-house counsel to develop budgets, fee structures, and strategies for all phases of litigation, including early case assessment, discovery, trial, and settlement. He has repeatedly been recognized in peer-reviewed guides including The Best Lawyers in America, Legal 500, and Super Lawyers.

Matt received his Juris Doctor from Georgetown University Law Center, where he was the Publications Director for The Tax Lawyer and The State and Local Tax Lawyer. He earned his B.A. in Political Science from the University of New Hampshire.

While earning his law degree, Matt was as a top aide for former U.S. Senator and Congressman John Sununu, after serving previously as the Deputy Campaign Manager on Mr. Sununu’s first campaign.

Below is our LFJ Conversation with Ken and Matt: Could you elaborate on Backlit Capital's approach to fundraising support for law firms, particularly start-ups, and what key factors contribute to successful fundraising in today's market?

There’s been no better time to be a law firm seeking financing, as new investors enlarge the funding universe and options multiply. However, the landscape can be daunting and complex.  We invite those firms to take advantage of our experience.  We have spent years on the funding side of negotiations - evaluating claims and risks - and understand the nuanced distinctions between a fundable investment and one that gets passed over by litigation funders, lenders, and alternate investment sources.

Rather than simply connecting lawyers to potential sources of capital, we collaborate with firms, no matter their experience level, to implement comprehensive strategies that achieve specific financing goals.  We showcase the potential of their assets with smart strategic positioning and precise financial modeling to address the investment concerns of potential funding sources. And to drive successful fundraising, we help firms provide transparency with risk profiling, highlight their operational credibility, and seize upon tactics to mitigate unpredictability so that the firm can showcase high-grade opportunities.

Finally, to ease the burden of this process, we provide end-to-end transaction management.  We take on all of the complex and time-consuming tasks associated with legal funding so that clients can focus on providing first-rate legal services.

With the increasing complexity of legal finance, what innovative risk management strategies does Backlit Capital employ to mitigate potential losses for investors and lenders?

We appreciate that these are high-stakes transactions for both the investor and the claimant and our review is disciplined, transparent and robust. Each transaction is different and we provide additional services depending on the client’s need, but here’s how we approach every opportunity:

  • Early-Stage “Pressure Testing”:  We test key legal theories, jurisdictional issues, damages, and enforcement risk with input from independent experts before approaching funders. Backlit will only move forward with quality transactions that bring clear value to all parties. Our funders know that we’ve done the work and stand behind every law firm and claimant we represent.
  • Contingent Insurance Products:  Whether for judgment preservation or adverse cost coverage, we’ll provide detailed financial modeling and help source appropriate products that can reduce litigation risk and, in turn, improve pricing or expand access to capital.
  • Post-funding Oversight:  We offer ongoing monitoring of case progress, legal developments, and emerging risks.  Our proactive oversight, combined with strategic advisory services, allow for early adjustments to protect investments and provide better measures of valuation as the investment moves through the litigation process. Further services include exploration of secondary market options when an investor wants to acquire or monetize a litigation asset.

By combining deep legal and financial expertise with market tools, Backlit ensures that risk is not just identified, but actively managed.   

How does Backlit Capital stay ahead of emerging trends in legal finance, and what future developments do you anticipate will significantly impact the industry?

We’re always focused on potential shifts in the market.  At Backlit, our experience comprises not only litigation finance, but also decades of credit analysis, restructuring, commercial litigation, and government policymaking.  This expertise enables us to identify how trends in financial, legal, and public sectors might influence litigation funding, and this positions Backlit extremely well for what we see as the biggest catalyst in the market – the addition of significant new funding capacity driven by new investors in the sector, like hedge funds, family offices and middle-market institutions. This provides a great opportunity for claimants and law firms looking for funding, but also injects unprecedented complexity into the marketplace.

At Backlit, we developed our services to not only identify, but capitalize, on opportunities for clients on either side of these transactions. Our connections with and understanding of the private capital space allow Backlit to find and structure deals that address the financial, operational and reporting requirements of all parties. As this market continues to grow, we’re positioned to create exciting new investment opportunities for funders and drive strong deals for clients seeking capital.

Can you share insights into a recent successful deal Backlit Capital facilitated, highlighting the unique challenges and solutions implemented?

We expect that over time, most of our business is likely to be on the brokerage side and we are actively working with numerous clients to develop solutions to their diverse funding needs. In the short period since our launch there are two particular engagements that demonstrate the breath of the services we offer beyond traditional funding.

In the first, we have been engaged as an expert in a multibillion-dollar, high-profile bankruptcy litigation to assist a private equity client in the valuation of a complex litigation asset. Backlit has provided counsel, analytics and testimony in support of the client’s position. Our broad in-house capabilities and market expertise allow us to quickly analyze and deliver valuations that support our clients’ goals and survive deep scrutiny.

We have also been engaged on a project basis to help a large multi-billion dollar investment fund evaluate, structure and close a large loan transaction backed by a legal claim.  The borrower’s existing lending relationship ended when the share collateral was involuntarily converted into a legal claim due to litigation surrounding a merger of the entity that had issued the shares.  This was a time sensitive transaction with high stakes for all involved. Selecting legal counsel, working through conflicts, providing assistance on the unique features of legal finance - a discreet asset class - as part of the diligence and in-house deal team was a rewarding experience.

In the context of distress and insolvency, what specific pre- or post-Chapter 11 assistance strategies have proven most effective for Backlit Capital in maximizing creditor trust and claims management?

While we work across sectors, we have a proven specialty in maximizing litigation assets for entities in financial distress and insolvency. Claimants facing the challenges of bankruptcy often have few other meaningful assets, and are extremely capital-restricted in their ability to effectively pursue damages. Additionally, these parties have fiduciary duties that need to be satisfied fully and transparently. Running a robust marketing process and ensuring best pricing is in the best interest of the estates, will enable the trustees to defend their fiduciary decisions if challenged, and given the multiple interests in the case, ensure a fair process and optimization of assets.

With such complex interests to manage, these clients demand specialized approaches that differ significantly from traditional commercial litigation support.

  • Funding for the debtor or trustee: We can help a debtor, bankruptcy trustee or litigation trustee secure funding to pursue legal claims (e.g., fraudulent transfer, preference, breach of fiduciary duty) or help support ongoing administrative costs. Our process ensures all parties are comfortable with transparency, discipline and reporting.
  • Funding for creditors and committees: We can help creditors and committees push back on a debtor’s attempt to bury valuable claims because they don’t benefit management or insiders.  Consulting with us early in the process can help add negotiating leverage and drive up recoveries.
  • Sale or assignment: When parties want to divest all or part of an estate asset, we can help sell or assign litigation claims and judgments, accelerating recoveries and ensuring a minimum return to stakeholders.
  • Post-confirmation litigation trusts: When establishing a post-confirmation trust to investigate and prosecute claims, we can help drive a competitive process, ensuring that the trust is adequately funded and that key professionals are fairly compensated for their work.

Locke Capital Backs Sarama in US $120 Million ICSID Claim Against Burkina Faso

By John Freund |

A junior gold explorer is turning to third-party capital to fight what it calls the expropriation of a multi-million-ounce deposit.

According to a press release on ACCESS Newswire, ASX- and TSX-listed Sarama Resources has drawn down a four-year, US $4.4 million non-recourse facility from specialist funder Locke Capital II LLC. The proceeds will pay Boies Schiller Flexner’s fees and expert costs in Sarama’s arbitration against Burkina Faso at the International Centre for Settlement of Investment Disputes (ICSID).

Sarama alleges the government retroactively revoked its Tankoro 2 exploration permit in 2023, halting development of the flagship Sanutura project. An arbitral tribunal chaired by Prof. Albert Jan van den Berg held its first procedural hearing on 25 July; Sarama’s memorial is due 31 October, and the company is seeking no less than US $120 million in damages.

Under the Litigation Funding Agreement, Locke’s recourse is limited to arbitration proceeds and the ownership chain of Sanutura; Sarama’s other assets remain ring-fenced. Repayment occurs only on a successful award or settlement, with Locke’s return calculated on a multiple-of-invested-capital basis and adjusted for timing.

The deal underscores the continued appetite of specialist funders for investor-state claims, particularly in the mining sector where treaty protections offer a clear legal framework and potential nine-figure payouts.

Express Legal Funding Unveils Suit-Cost Calculator for Injury Plaintiffs

By John Freund |

A Texas-based consumer litigation financier is betting that radical price transparency will set it apart in the crowded pre-settlement funding market.

An Express Legal Funding press release announces that the company has launched a web-based “Lawsuit Loan Calculator” built on Gravity Forms that lets plaintiffs and their counsel generate real-time payoff estimates before taking an advance.

Company strategy director Aaron Winston said the tool aims to “bring transparency and confidence to a process that has historically felt opaque,” noting that many accident victims accept costly funding without a clear view of cumulative fees. The calculator outputs simple-interest repayment schedules and allows users to toggle loan amounts and projected case duration so they can compare the effective cost of capital against other options.

Express Legal Funding, founded in 2015 and active in more than 40 U.S. states, prices its non-recourse advances on a fixed-rate basis and caps total payback at the lesser of settlement value or contractual maximum. The company said the calculator also gives personal-injury lawyers a “conversation starter” to educate clients on true borrowing costs and to discourage over-funding that could jeopardize net recoveries. Industry peers have offered similar tools, but most calculate only monthly interest or require phone follow-ups for firm quotes; Express claims its interface delivers end-to-end transparency in under two minutes.

Insurers Probe Opacity of U.S. TPLF Contracts

By John Freund |

Gen Re has published a white-paper warning casualty carriers that “stealth capital” behind many U.S. lawsuits is complicating claims evaluation and settlement strategy. Drawing on recent state reforms in Georgia, Indiana and West Virginia, the authors urge adjusters to demand early disclosure of funding agreements, nail down who controls litigation decisions, and model “loss-amplification” where funder ROI targets distort settlement ranges.

The report flags a surge of bespoke contracts—some tying funder exit multiples to milestone events, others granting veto rights over settlement—placing traditional bad-faith calculations at risk. It also cites emerging defense tactics: subpoenaing funder communications after privilege waivers, and leveraging new civil-procedure rules that compel funding disclosure in federal mass-torts.

For legal-finance shops, the memo is a reminder that the insurance lobby is mapping counter-measures in real time. Expect more discovery fights over work-product doctrine and, potentially, higher re-insurer premiums priced into portfolios that contain funded claims.