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UK Litigation Funding Reforms in 2026: From Commercial Tool to Regulated Justice Feature

By John Freund |

A new Solicitor News analysis frames 2026 as the year UK litigation funding completes its transition from a flexible commercial tool to a regulated feature of the justice system, with transparency, fairness, and proportionality of funder returns now squarely in the line of sight of both Parliament and the courts. The piece argues that funding arrangements are no longer treated as peripheral financial instruments but are instead being examined as active components of the disputes they finance.

As reported by Solicitor News, the post-PACCAR landscape continues to drive structural change — pushing funders to restructure agreements that had been classified as damages-based agreements under the Supreme Court's ruling and prompting heightened judicial scrutiny of conflicts of interest, procedural fairness, and the economics of group actions. The analysis flags tighter funder selectivity, deeper firm-side due diligence on funder counterparties, and an expectation of more rigorous early-stage case assessment as defining features of the new regime.

For UK law firms, the article identifies opportunities alongside the risks: enhanced client confidence through transparency, differentiation for firms that can demonstrate compliance expertise, and a chance to position funding as part of an integrated dispute strategy rather than an after-the-fact add-on. The broader signal is that 2026 reforms — coming on top of FCA enforcement activity in adjacent financial sectors — are converging into a tighter regulatory perimeter that funders and claimant firms alike will need to navigate deliberately rather than incidentally.

Adam Levitt Pushes Back on the “Tort Reform” Myth in National Law Journal Column

By John Freund |

Plaintiffs' class action attorney Adam J. Levitt of DiCello Levitt has used his monthly *National Law Journal* column to challenge what he calls the central premise of the modern tort reform movement — that America is "drowning in lawsuits" — arguing that the framing is unsupported by the data and has nonetheless underwritten 40 years of legislative and regulatory restrictions on civil litigation. The column lands at a moment when third-party litigation funding regulation is being driven in significant part by that same narrative.

As reported by Law.com, Levitt's piece traces the durability of the U.S. Chamber of Commerce's tort reform messaging across decades and argues that empirical studies on filing rates, recoveries, and class certification do not support the picture of runaway plaintiff abuse that the messaging projects. The column situates current TPLF disclosure proposals, class-action reform efforts, and aggressive state-level restrictions on funded litigation as downstream effects of a flawed factual premise rather than as responses to a documented surge in litigation.

For litigation funders, the column is significant precisely because the "drowning in lawsuits" narrative has been the connective tissue between traditional tort reform priorities and the newer push to constrain TPLF through disclosure mandates, foreign-funder bans, and registration regimes. Levitt's piece supplies plaintiffs' counsel and funders with a rebuttal frame to deploy in legislative debates and judicial proceedings — even as defense-side groups continue to lean on Chamber-aligned data in support of further restrictions.

Ivo Capital Backs €673 Million Dutch Consumer Claim Against Netflix Over Pricing Practices

By John Freund |

Stichting Bescherming Consumentenbelang, a Dutch consumer protection foundation, has filed a class claim against Netflix in the Amsterdam District Court alleging that the streaming service raised subscription prices by as much as 75% since 2017 without the transparent justification required under EU consumer protection rules. The claim values consumer damages at between €420 million and €673 million on behalf of an estimated 3 to 4 million Dutch subscribers, with more than 1,000 already registered.

As reported by The Next Web, the action is funded by IVO Capital under a no-cure, no-pay arrangement that entitles the funder to up to 25% of any compensation awarded. The legal grounds rest on EU Directive 93/13/EEC on unfair contract terms, with the foundation arguing that Netflix's generic price-change clauses — paired with a 30-day notice and cancellation option — fail the requirement that consumer terms be expressed in "clear and comprehensible" language and meet specific conditions for unilateral modification. Netflix has stated that it takes consumer rights "very seriously" and is "convinced" its terms comply with local laws and consumer expectations.

The case adds a high-profile data point to Europe's expanding pipeline of consumer-led, funder-backed pricing claims, alongside the wave of competition-driven collective actions running through the UK Competition Appeal Tribunal and similar proceedings in Germany and Spain. For commercial funders, the structure illustrates how subscription-economy pricing disputes — long viewed as marginal under traditional damages frameworks — can become viable matters when aggregated across millions of consumers under EU consumer law.

New Empirical Study Finds Litigation Finance Helps Plaintiffs Survive Motions to Dismiss and Lengthens Time to Settlement

By John Freund |

A newly published empirical study in the *Corporate and Business Law Journal* examines the real effects of litigation finance on case outcomes using a hand-collected dataset of disclosed funded cases matched to comparable non-funded controls — adding rare quantitative evidence to a debate that has been dominated by industry rhetoric on both sides. The study is co-authored by Miranda J. Welbourne Eleazar (University of Iowa), Dayne Wang (University of Iowa), and Dain Donelson (University of Wisconsin–Madison) and is supplemented by interviews with six director-level or higher litigation finance professionals.

According to the article published in Volume 7.2 of the *Corporate and Business Law Journal*, plaintiffs with third-party financing are statistically more likely to withstand motions to dismiss and take meaningfully longer to settle than otherwise comparable plaintiffs without funding. The authors interpret these results through agency theory, arguing that funding alters plaintiff risk aversion and strategic decision-making in ways that change defendants' settlement calculus — even though, as the funder interviewees emphasized, contractual structures typically prevent funders from directly controlling litigation. The article frames the funder–plaintiff–lawyer relationship as a distinctive form of agency, with funders providing capital while remaining largely passive over how that capital is deployed.

For an industry the authors size at $50–$100 billion, the findings cut both ways: they validate the funder narrative that capital matters for case viability and access to justice, while also providing defense-side advocates and U.S. Chamber-aligned reform groups with empirical grounding for their concerns about prolonged litigation and complicated settlements. With a federal judicial panel actively evaluating a nationwide TPLF disclosure rule and SEC reporting requirements already in place for private equity allocations to litigation finance, the study lands directly in the middle of the policy debate it analyzes.

Omni Bridgeway Posts Record Q3 FY26 Pipeline as A$391 Million in New Commitments Drives 2.5x Returns

By John Freund |

Omni Bridgeway has reported its Q3 FY26 portfolio update, headlined by an exclusive term sheet pipeline of more than A$600 million — roughly twice the firm's average quarterly pipeline — alongside A$391.8 million in new commitments contracted across 27 investments year-to-date. The Sydney-listed funder, which manages A$5.5 billion in assets across ten funds and operates from more than 20 offices in 15 countries, framed the update as a sign of accelerating deployment and capital formation.

According to GlobeNewswire, the firm has recorded 59 full and partial completions year-to-date, generating A$268.4 million in cash investment proceeds at a 2.5x multiple on invested capital and a 108% fair value conversion ratio. Operating expenses of A$51.2 million remain on track to land below the firm's A$80 million FY26 budget, while management fees of A$27 million are tracking toward an upgraded A$35 million full-year target.

On the capital side, Omni Bridgeway said the full and final close of Funds 4/5 Series II remains on track for FY26, and that more than A$150 million in additional sidecar and overflow capital structures are at advanced diligence stages. The combination of an unusually deep pipeline, strong realizations, and disciplined cost performance positions the funder to defend its narrative of platform scale at a moment when listed peers are under pressure on both fundraising and case-realization timelines.

Florida Advocates Press Lawmakers to Revive Third-Party Litigation Funding Bill in Next Special Session

By John Freund |

With Florida's redistricting special session wrapping up and another special session expected, tort-reform and insurance-industry advocates are pressing state lawmakers to use the next window to take up unfinished business on third-party litigation funding. The push centers on legislation that would impose greater transparency obligations on outside funders and that has previously cleared the Senate Judiciary Committee but stalled before reaching the floor.

As reported by Florida's Voice, proponents argue that third-party litigation financing inflates settlement and verdict values, drives up insurance premiums, and operates with too little visibility into who is bankrolling Florida lawsuits. The most recent vehicle, Senate Bill 1396, was approved by the Senate Judiciary Committee earlier this year and would require disclosure of funding agreements and limit the influence funders may exert over case strategy.

Florida has been a focal point of the national TPLF debate as states from Georgia to Louisiana have moved ahead with disclosure regimes, registration requirements, and foreign-funder restrictions. Advocates in Tallahassee see the post-redistricting calendar as a narrow but real opportunity to close the gap with neighboring states, while litigation funders and plaintiff-side groups are likely to mobilize against any fast-tracked vehicle that re-emerges in a special session with a compressed schedule.

Jonathan Sablone Launches Sablone Advisory LLC, a Boutique Law and Advisory Firm Focused on Litigation Finance

By John Freund |

Jonathan Sablone, a commercial disputes attorney with three decades of cross-border, financial services, and litigation finance experience, has launched Sablone Advisory LLC — a Boston-based boutique positioned to serve claimants, funders, and insurers across the legal finance ecosystem under the tagline "at the intersection of law and finance™."

According to Sablone Advisory LLC, the new firm offers underwriting, diligence, monitoring, and asset management services to litigation funders and to insurers offering contingent risk products. On the claimant side, Sablone Advisory works with plaintiffs and their counsel to position cases for funding, including packaging case portfolios for cross-collateralized funding and insurance wrappers — services that have become increasingly central as funders and insurers structure deals across multiple matters and risk layers.

"I founded Sablone Advisory to assist clients with the most intractable problems and issues facing the legal finance industry," said Sablone in announcing the launch. "'At the intersection of law and finance' is not just a slogan, but a practical, commercial approach to legal problem-solving that I have practiced for decades."

The launch reflects a continuing trend in the litigation finance industry: senior practitioners with capital-markets and complex-litigation backgrounds spinning out of large institutional platforms to offer specialized, independent advisory and underwriting services. As funders increasingly structure portfolio-level deals, layer ATE and contingent risk insurance into capital stacks, and pursue cross-border recoveries, demand for senior independent diligence and asset management — particularly from professionals fluent in both legal strategy and structured finance — has grown.

For claimants and their counsel, the firm's case-positioning services are likely to resonate in a market where funders are increasingly selective about case quality, structure, and counsel pedigree. For funders and insurers, an independent boutique offering monitoring and asset management — separate from origination — represents the kind of service-provider infrastructure that more mature alternative-asset markets typically develop as they scale.

Inquiries can be directed to Jonathan Sablone at jsablone@sabloneadvisory.com or via www.sabloneadvisory.com.

Colorado HB 1421 Targets PE and Non-Attorney Funding of Law Firms in Bipartisan Push

By John Freund |

Colorado lawmakers have introduced HB 1421, a bill that would sharply restrict the ability of state law firms to enter financial or contractual arrangements with alternative business structures (ABS) and any entity in which non-attorneys hold ownership stakes or exert direction over legal practice. The bill is notable both for the reach of its restrictions and for the unusual coalition behind it.

As reported by The Sum and Substance, the legislation is sponsored by Democratic Rep. Javier Mabrey of Denver and Republican House Minority Leader Jarvis Caldwell of Monument, with active support from the Colorado Chamber of Commerce and the Colorado Trial Lawyers Association — typically opposing forces in business-litigation policy debates. The bill was scheduled for its first hearing before the House Judiciary Committee on April 29.

HB 1421 would prohibit Colorado law firms from entering arrangements with ABS-style structures relating to legal services, practicing in professional companies where non-lawyers own interests or direct lawyer judgment, or compensating any party where compensation depends on a percentage of legal fees or case recoveries. The bill would also empower courts to halt offending arrangements, order fee reimbursement to clients, and disgorge ABS profits derived from prohibited activities. The article specifically references Burford Capital's litigation funding presence in framing the bill's broader policy concern with non-lawyer financial stakes in legal outcomes.

The legislation lands at a moment when private equity ownership of legal services is expanding rapidly in jurisdictions that permit it — Arizona, Utah, and the District of Columbia — and where PE-backed national platforms are increasingly partnering with firms in non-ABS jurisdictions to extend their operating reach. The Colorado bill, if enacted, would cut against that expansion model by restricting how Colorado firms can collaborate with out-of-state, non-attorney-owned platforms.

For the litigation finance community, the bill is a meaningful data point. Although disclosure-based reform has dominated state-level TPLF debate in 2025-26, HB 1421 reflects a parallel and somewhat different policy thrust: not transparency about funding, but structural limits on the ownership and economic relationships that surround legal practice. The convergence of plaintiffs' bar and chamber-of-commerce support behind a single bill is itself rare, and may presage similar coalitions in other non-ABS states facing PE-driven consolidation pressure.

Triple-I Tracks the State-Level Wave of Third-Party Litigation Funding Reform

By John Freund |

A new Triple-I research piece outlines the rapidly expanding state-level reform agenda targeting third-party litigation funding, with disclosure mandates, foreign-funder bans, and registration regimes advancing in legislatures across the country as federal action remains slower-moving.

According to Triple-I's Lewis Nibbelin, Georgia led the most consequential 2025 round of reform with legislation requiring litigation financiers to register with the Department of Banking and Finance and prohibiting funder influence over case outcomes — measures that Triple-I links to subsequent auto insurance rate reductions and dividends to Georgia drivers. Louisiana followed with its widely covered Department of Insurance partnership with the NICB and 4WARN to combat TPLF marketing tactics, alongside legislation requiring attorneys to disclose TPLF contracts within 30 days of retainer or funding execution.

Other states are moving in parallel. Mississippi's new law, effective July 1, mandates disclosure of foreign litigation funding to address concerns about exploitation by non-U.S. entities. Utah passed comparable restrictions in March 2026. Michigan's House committee bill — already covered in LFJ — would ban foreign TPLF entirely while requiring disclosure and registration of all funders. Missouri, Tennessee, and Ohio are advancing similar foreign-funding bans, with the Tennessee and Ohio bills already passing their respective state Houses.

The piece references a joint NICB/4WARN study quantifying the scale of the consumer-facing TPLF market: $380 million in online search advertising between June 2024 and June 2025, and 27.8 million clicks to TPLF websites in June 2025 alone. Triple-I cites broader tort cost figures from the Perryman Group and Citizens Against Lawsuit Abuse — including $35.8 billion in direct annual losses and roughly $600 per U.S. household — to frame the policy stakes.

Louisiana Insurance Commissioner Tim Temple, quoted in the piece, framed the partnership as protecting citizens "from opportunists who manipulate the claims process to fuel excessive litigation, which is a primary driver of our high insurance costs." For commercial litigation funders, the rapid proliferation of state-level disclosure and foreign-funder-ban regimes represents a meaningful compliance overlay — particularly for cross-border deals and structured funding vehicles where investor identity, jurisdiction, and reporting timing now vary materially by state.