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California Bill Would Bar Investors from Influencing Litigation Strategy in Funded Cases

By John Freund |

California lawmakers are advancing legislation that would prohibit outside investors from influencing litigation strategy in cases they finance, directly targeting what critics call "opaque investor financing arrangements" in the state's legal market.

As reported by the Sacramento Bee, Assembly Bill 2305, introduced by Assemblymember Kalra, would bar investors from weighing in on key litigation decisions, including which clients a firm takes on and when cases should settle. Any contracts that allow investor influence would be void under the proposed law.

The bill was prompted by concerns over investor involvement in California sex-abuse litigation, where financing arrangements raised questions about whether profit motives were being placed ahead of client interests. Trial attorneys backing the legislation argue it is necessary to protect the integrity of attorney-client relationships.

Supporters of litigation finance counter that outside capital gives attorneys the funding they need to take on deep-pocketed corporations and represent victims who cannot afford to sue on their own. The tension between enabling access to justice and preventing undue investor control has become a central fault line in the broader debate over litigation funding regulation.

The practical challenge remains enforcement. The article notes it is often difficult to determine when an investor is financing a firm's caseload, much less whether they are exerting influence over case strategy. AB 2305 represents one of the most direct legislative attempts to draw a bright line between capital and control in the litigation finance industry.

Legal Bay Highlights Uber’s “Woman Driver Only” Option as Rideshare Sexual Assault Litigation Grows

By John Freund |

Legal Bay LLC, a national provider of pre-settlement funding and lawsuit loans, is highlighting Uber's introduction of a "Woman Driver Only" option as rideshare sexual assault litigation continues to expand across the country.

According to PR Newswire, the policy change comes as more than 3,000 sexual assault lawsuits against Uber move through federal court as part of a multidistrict litigation. A federal jury in Arizona recently awarded $8.5 million to a passenger in what is considered the first major bellwether verdict in the MDL.

Legal analysts estimate that individual settlements in rideshare sexual assault cases may range from approximately $50,000 to over $1 million, depending on severity and evidence. CEO Chris Janish described rideshare litigation as "one of the fastest-growing areas of sexual assault litigation and mass tort law."

Legal Bay provides non-recourse pre-settlement advances to plaintiffs in active lawsuits, meaning repayment is only required if a case results in a successful outcome. The company's announcement underscores the growing intersection of consumer legal funding and mass tort litigation, as plaintiffs navigating lengthy MDL timelines increasingly seek financial support while their cases proceed.

Unclaimed Class Action Settlement Cash Attracts £68 Million in Funding Bids for UK Legal Aid

By John Freund |

Unclaimed proceeds from class action settlements in the United Kingdom have attracted approximately £68 million in funding bids aimed at supporting free legal advice services, according to a new report.

As reported by The Law Society Gazette, the Access to Justice Foundation received 314 applications for grants to support the free legal advice sector, drawing on dormant settlement funds that were never claimed by class action participants.

The initiative represents a creative approach to addressing persistent legal aid funding gaps without requiring new government appropriations. Rather than allowing unclaimed settlement funds to revert to defendants or dissipate, the program channels those proceeds toward expanding access to justice for underserved populations.

The scale of demand — 314 applications totaling £68 million — highlights the depth of the legal aid funding crisis in England and Wales, where successive budget cuts have reduced the availability of free legal services for decades. The model offers a potential template for other jurisdictions exploring alternative mechanisms to fund access to justice initiatives.

The development also underscores the broader economic footprint of class action litigation, where even unclaimed settlement proceeds can generate meaningful capital flows back into the legal system.

JurisTechne Launching Algorithmic Litigation Fund Powered by AI

By John Freund |

Australian legal technology company JurisTechne is launching a litigation fund underpinned by its proprietary artificial intelligence platform, marking a new approach to data-driven case selection and portfolio management in the litigation funding space.

As reported by Lawyers Weekly, the fund will leverage what the company calls "Algorithmic Law" — a framework combining a custom-built small language model with advanced machine learning to assess litigation claims, extract insights from case outcomes, and model financial returns.

JurisTechne, founded by Mona Chiha and backed by UTS Startups and AWS, built its proprietary model with over 40 million parameters designed specifically for legal data. The platform integrates directly with government legal databases without third-party intermediaries and emphasizes explainable AI with what the company describes as a "zero percent hallucination guarantee," with all outputs backed by verifiable legal sources.

The company's vision is to create opportunities for investors to participate in diversified funding agreements that support victims of crime and other claimants, combining ethical investment with data-driven case assessment. The approach represents a departure from the traditional funder model, which relies primarily on experienced legal professionals to evaluate claims.

The launch adds JurisTechne to Australia's growing litigation funding market, which generated an estimated AUD $123.6 million in revenue in the 2025-2026 financial year. The country's funding landscape is dominated by established players including Omni Bridgeway, Litigation Capital Management, and Balance Legal Capital, making the entry of an AI-first competitor a notable development for the sector.

Westfleet Insider 2025: Commercial Litigation Finance Rebounds as Capital Constraints Persist

By John Freund |

The U.S. commercial litigation finance market posted a notable recovery in 2025, with new capital commitments climbing approximately 23% year-over-year to $2.8 billion across 346 new deals, according to the seventh annual Westfleet Insider report.

As reported by Westfleet Advisors, the rebound follows two consecutive years of contraction — commitments had slipped from $2.7 billion in 2023 to $2.3 billion in 2024 — and signals renewed deployment activity after a period of broad market retrenchment.

Despite the headline recovery, the data paints a nuanced picture. The uptick was driven by incremental deployment among a small cohort of established funders rather than any broad-based expansion of available capital. Of the 39 funders identified as active in the U.S. commercial market, a notable subset deployed little to no new capital during the reporting period, and only one new entrant emerged. Several funders are actively winding down operations, pointing to a quiet but ongoing consolidation across the industry.

Deal economics remained largely stable. The average transaction size held steady at approximately $8.1 million overall, though the composition shifted meaningfully: single-matter deals contracted to $4.5 million from $6.6 million the prior year, while portfolio transactions expanded to $19.6 million from $16.5 million. Portfolio structures continued to dominate, representing 64% of new commitments.

One of the more significant structural shifts in 2025 was the decline in Big Law utilization, with the share of total commitments directed to the 200 largest U.S. firms dropping to 24% from 37% in 2024. Client-directed deals edged ahead of firm-directed arrangements for the first time in recent years, representing 52% of commitments.

Other notable findings include patent litigation accounting for 27% of funded matters, contingent risk insurance coverage ticking up to 21% of deals, and claim monetization declining to 17% of new commitments from 26% in 2024.

Gen Re Calls for EU-Wide Third-Party Litigation Funding Regulation

By John Freund |

The reinsurance industry is adding its voice to growing calls for a unified regulatory framework for third-party litigation funding across Europe.

As reported by Gen Re, the European litigation funding market now includes more than 300 funders operating with limited transparency and fragmented oversight across EU member states. The publication highlights a significant regulatory gap, with most countries allowing TPLF under general contract law while lacking specific rules around disclosure, conflicts of interest, or funder control over litigation strategy.

The Netherlands and Germany lead Europe as the most developed markets, while Ireland still prohibits outside litigation funding under common law. France, Spain, and Portugal have introduced or are considering consumer-focused legislation, but no harmonized EU-wide framework exists.

Insurance Europe and the Reinsurance Advisory Board have both called for regulation at the EU level, arguing it is necessary to maintain trust in the justice and financial systems. Their primary concerns include a lack of transparency about funding arrangements, potential conflicts of interest, rising litigation costs, and insufficient investor oversight.

Proponents of the industry counter that professional funders improve access to justice for under-resourced claimants and help filter out weak claims through rigorous due diligence. A cross-sector group of business associations issued a joint statement in January 2026 renewing their call for proportionate, harmonized EU-level rules.

The Next Battleground in Consumer Legal Funding: Discovery and Transparency

By John Freund |

A growing legal debate is taking shape over whether consumer legal funding agreements should be subject to discovery during litigation, with significant implications for plaintiffs and the funding industry alike.

As reported by the National Law Review, Eric Schuller of the Alliance for Responsible Consumer Legal Funding argues that mandatory disclosure requirements create strategic advantages for defendants by exposing plaintiffs' financial vulnerabilities and sensitive underwriting information.

Defendants and insurers have increasingly pushed for access to funding agreements, framing their requests as transparency measures. Proponents say disclosure could reveal whether funders are influencing litigation strategy and promote accountability in the civil justice system.

Critics counter that forcing plaintiffs to produce funding contracts may discourage injured individuals from seeking legitimate financial assistance during lengthy cases. Consumer legal funding arrangements are non-recourse, meaning plaintiffs repay only if their case results in a successful settlement or verdict.

Several states have proposed or enacted laws requiring varying degrees of disclosure — from simple notification that funding exists to full production of contract terms. The debate reflects broader tensions between transparency and consumer protection that continue to shape litigation funding regulation across the country.

Mastercard and Visa Secure Appeal in UK Multilateral Interchange Fee Battle

By John Freund |

The London Court of Appeal has granted Mastercard and Visa permission to challenge a landmark ruling that found their multilateral interchange fees in breach of European competition law, extending one of the most significant funded litigation battles in UK history.

As reported by PYMNTS, the appeal follows a unanimous June 2025 decision by the UK Competition Appeal Tribunal in favor of hundreds of merchants who alleged they had been paying excessive fees.

Both payment networks welcomed the ruling. A Visa representative stated that interchange is "a critical component to maintaining a secure digital payments ecosystem that benefits all parties." Scott+Scott, the law firm representing the merchant claimants, called the original tribunal decision "a significant win for all merchants" and expressed confidence in defending it on appeal.

The case has drawn significant attention from the litigation funding community, as merchant claims against card networks have become a major category of funded litigation in the UK. Similar proceedings continue in the United States, where the Visa-Mastercard interchange fee class action produced a settlement estimated between $5.56 billion and $6.26 billion.

Federal Reserve research indicates that approximately 86 percent of interchange fees fund cardholder rewards programs — a dynamic at the center of the ongoing legal disputes on both sides of the Atlantic.

An LFJ Conversation with John Lopes, Head of Specialty Legal Banking, First Horizon

By John Freund |

John Lopes is a market-leading bank executive and recognized authority in financial solutions for the plaintiff-side legal industry. As Senior Managing Director and Head of Specialized Legal Banking at First Horizon Bank, he leads a national platform focused on delivering capital, deposit, and technology solutions to contingency-based law firms, mass tort practices, claims administrators, and Qualified Settlement Funds (QSFs).

John began his career over 20 years ago advising AM Law firms, building a strong foundation in traditional legal banking and developing deep expertise in the operational and financial dynamics of large defense-side practices. He later held leadership roles at institutions including Citibank, Wells Fargo, and Western Alliance Bank, where he managed significant portfolios, built high-performing teams, and executed strategic growth initiatives across the legal vertical.

Over a decade ago, John identified a critical gap in the market and shifted his focus to the plaintiff side of the bar—where firms face unique challenges related to contingent revenue, cash flow volatility, and complex settlement structures. Since then, he has become a trusted advisor to many of the nation's leading plaintiff law firms and ecosystem partners, structuring sophisticated credit facilities, supporting billions of dollars in settlement flows, and delivering innovative banking solutions across the full lifecycle of litigation.

John is known for his ability to bridge capital, technology, and legal strategy—partnering with law firms, claims administrators, and litigation finance providers to drive growth, enhance liquidity, and create operational efficiency at scale. Through his leadership, he continues to position First Horizon as a premier banking partner to the plaintiff bar, bringing institutional-grade capabilities to a rapidly evolving segment of the legal industry.

He holds a background in financial markets from Yale University and has continued to build on that foundation through executive education with the Yale School of Management.

Below is our LFJ Conversation with John Lopes:

What gaps in the settlement and mass tort landscape led you to build a dedicated Settlement Services platform?

Historically, most banks approached settlement accounts as transactional escrow relationships rather than as a specialized vertical requiring tailored infrastructure. As mass tort and class action settlements have grown in size and complexity, that model became insufficient.

We saw several structural gaps:

  • Lack of dedicated infrastructure for high-volume sub-accounting and audit transparency
  • Limited understanding of QSF governance, fiduciary responsibilities, and multi-party oversight
  • Manual disbursement processes that created inefficiencies and risk
  • Inflexible credit solutions for contingency firms managing large case inventories

We built our Specialty Legal Banking group to address those gaps holistically — combining dedicated settlement banking, digital sub-accounting, modern disbursement capabilities, and tailored financing solutions under one coordinated platform.

Rather than treating settlements as ancillary deposits, we treat them as a highly specialized ecosystem requiring neutrality, transparency, and purpose-built technology.

Courts increasingly demand transparency and auditability. How do you see expectations evolving around reporting and fiduciary accountability?

Expectations are rising meaningfully. Judges and special masters now expect:

  • Real-time visibility into balances
  • Clear segregation of funds at the claimant or fee level
  • Transparent interest allocation methodologies
  • Clean audit trails across every transaction

In complex QSFs, accountability is no longer theoretical — it must be demonstrable.

We've responded by building a platform that allows structured sub-accounting at scale, defined user permissions (analyst vs. approver roles), exportable audit logs, and reporting that aligns with court oversight requirements.

The future standard will be near real-time transparency, not quarterly reconciliation. Specialized banks must offer specialized infrastructure to the settlement process — not just holding funds.

What are the most significant fraud or AML risks facing settlement administrators today, and how can institutions mitigate them without slowing distributions?

The scale and speed of modern distributions introduce new risk vectors:

  • Synthetic identity and claimant impersonation
  • Payment redirection and ACH fraud
  • Social engineering attacks targeting administrators
  • Sanctions and cross-border payment compliance risk

The key is not adding friction — but adding intelligent controls. Financial institutions must offer:

  • Multi-layer payment verification protocols
  • OFAC and sanctions screening at both onboarding and disbursement
  • Segregated user permissions and dual-approval workflows
  • Positive pay and transaction monitoring services

Technology should accelerate payments while reducing exposure. The answer is not slowing distributions — it's modernizing controls around them.

Claimants now expect faster access to funds and more flexibility in how they receive payments. How is innovation reshaping the claimant experience?

The claimant experience is evolving dramatically.

Traditional paper checks are increasingly insufficient. Claimants now expect options — ACH, prepaid cards, digital wallets, and other electronic modalities — delivered quickly and securely.

Real-time rails and digital disbursement platforms are reshaping expectations around:

  • Speed
  • Choice
  • Transparency of payment status

At the same time, the institution must provide tools so that flexibility coexists with compliance and oversight.

The institutions that succeed will be those that can offer multiple payment modalities within a controlled, audit-ready environment. That's where innovation truly adds value — not just convenience, but structured efficiency.

As litigation finance and aggregate settlements continue to grow, what role should specialized settlement banks play in reinforcing neutrality and trust?

As capital flows increase in mass tort and aggregate litigation, neutrality becomes even more critical. A specialized settlement bank must function as a stabilizing counterparty amid multi-party financial arrangements. In large aggregate settlements — especially where litigation finance is involved — clarity around control, reporting, and fee segregation becomes paramount.

Our role is not to influence outcomes, but to provide a compliant, transparent, and scalable platform that reinforces trust across all stakeholders: plaintiffs' firms, defense counsel, administrators, courts, and capital providers.

Ultimately, trust in the settlement process depends on financial infrastructure that is purpose-built for complexity — and governed by strong compliance standards.