Trending Now

All Articles

3597 Articles
Case Developments Commercial

Supreme Court Reinstates $500M Arbitration Award in Indian Dispute

By John Freund |

In a significant decision reinforcing the enforceability of international arbitration awards, the U.S. Supreme Court has reinstated a $500 million award in a dispute between two Indian companies.

An article in Bloomberg Law states that the case, CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., involved Antrix Corporation, a company owned by the Indian government, and CC/Devas, a Mauritius-based entity. The dispute centered on a failed satellite agreement, leading to an arbitration award in favor of CC/Devas. The U.S. Court of Appeals for the Ninth Circuit had previously vacated the award, asserting that additional connections to the U.S. were necessary to establish jurisdiction.

However, the Supreme Court, in an opinion authored by Justice Samuel Alito, rejected this view, stating that once the FSIA's explicit requirements—subject matter jurisdiction and proper service—are met, personal jurisdiction over a foreign sovereign is automatic. The unanimous ruling emphasized that the FSIA was designed to clarify governing standards, not to introduce hidden requirements.

This decision has significant implications for the legal funding industry, particularly in the context of international arbitration. By affirming the enforceability of foreign arbitration awards under the FSIA, the ruling provides greater certainty for funders investing in cross-border disputes involving sovereign entities. It underscores the U.S. commitment to upholding international arbitration agreements, thereby enhancing the attractiveness of the U.S. as a venue for enforcing such awards.

The Court did not address potential constitutional questions related to due process, leaving that issue open for future litigation. Nonetheless, the ruling is a clear affirmation of the FSIA's provisions and their role in facilitating the enforcement of international arbitration awards in U.S. courts.

Case Developments Commercial

Blasket Secures €32M Payout in Spain’s First Renewable Arbitration Settlement

By John Freund |

In a landmark resolution, Spain has agreed to pay €32 million ($37 million) to U.S.-based Blasket Renewable Investments, marking its first compliance with an international arbitration award stemming from the country's 2013 renewable energy subsidy cuts.

An article in Reuters reports that the original €23.5 million award was granted in 2021 by the International Centre for Settlement of Investment Disputes (ICSID) to Japan’s JGC Holdings Corporation. Blasket later acquired the rights to this award. The payment, which includes interest, was facilitated through funds seized in Belgium from Eurocontrol payments owed to Spain, following a Belgian court's approval.

This case is distinct as it involves a non-EU investor, thereby sidestepping the European Commission's stance that intra-EU arbitration awards violate EU state aid rules. Spain has faced 51 arbitration claims over its energy reforms, with 27 resulting in awards totaling approximately €1.5 billion. However, the government has managed to reduce the payable amount by about 85% through legal avenues.

The Blasket settlement could set a precedent for resolving similar disputes with non-EU investors, while Spain continues to contest awards involving EU-based claimants, citing EU legal constraints. 

Case Developments Commercial

Apple Denied Access to Litigation Funding Records in Patent Dispute

By John Freund |

In a closely watched decision, a federal judge has denied Apple’s attempt to compel Haptic Inc. to turn over litigation funding records in an ongoing patent infringement case.

According to Bloomberg Law, the dispute centers on Haptic’s claims that Apple’s iPhone “Back Tap” feature infringes on its patented technology. As part of its defense, Apple sought disclosure of communications between Haptic and its third-party funders, arguing the materials could reveal improper influence or strategic coordination.

The court, however, ruled in favor of Haptic, holding that the requested documents are protected under the work-product doctrine. This legal principle shields materials prepared in anticipation of litigation from disclosure, unless the opposing party demonstrates a substantial need. The judge emphasized that Apple had not met that burden, noting that the funder’s role did not compromise the independence of Haptic’s legal counsel or litigation strategy.

This decision is the latest in a series of rulings that underscore courts’ growing acceptance of litigation funding as a legitimate component of the civil litigation system. It also highlights the increasing legal clarity around funder-client relationships, especially regarding privilege and disclosure.

Commercial Regulatory Issues

Triple-I Ties Litigation Funding and Legal Ads to Soaring Insurance Costs

By John Freund |

A new report from the Insurance Information Institute (Triple-I) is drawing attention to the growing intersection between third-party litigation funding, mass tort advertising, and rising insurance costs. The report argues that these trends are correlated and may also be fueling a cycle of litigation abuse that places upward pressure on insurance premiums across the country.

According to Insurance Journal, the Triple-I report signals growing concern among insurers about the litigation finance industry’s systemic impact on claim costs and rate-setting. The report claims that attorney advertising—often funded or indirectly supported by litigation financiers—has surged in recent years, particularly in areas like product liability, pharmaceuticals, and toxic exposure. The influx of cases, many involving large aggregations of claims, has increased both the frequency and severity of insurance payouts. Triple-I warns that this dynamic contributes to a “social inflation” effect, where legal costs outpace economic fundamentals.

The report calls for regulatory action and transparency, suggesting that clearer disclosure rules around third-party funding and advertising could help insurers, courts, and the public better assess the risks and incentives involved.

While the litigation finance industry has long argued that its capital helps level the playing field for under-resourced claimants, critics say the unchecked expansion of funding models and advertising tactics may tilt the balance toward profit over merit.

Case Developments Commercial

Steward Health Wins Court Approval for $127 Million Loan to Fund Insider Litigation

By John Freund |

A U.S. bankruptcy judge has approved Steward Health Care System’s request to obtain a $127 million loan to fund litigation against its former executives and insiders. The embattled hospital operator, which filed for bankruptcy earlier this year, is targeting up to $2 billion in potential recoveries through legal action.

The financing arrangement—approved despite objections from several creditors—marks a critical step in Steward’s restructuring strategy, enabling the hospital network to pursue claims of mismanagement, breach of fiduciary duty, and possible fraudulent conveyances by former leadership. The proposed defendants in the litigation include members of Steward’s former executive team and affiliated entities involved in its rapid expansion and subsequent financial unraveling.

The loan is being provided by a group of new money lenders who will receive top-tier repayment priority from any litigation proceeds, a provision that stirred concern among some creditor groups during court proceedings. Critics argued the structure could reduce recovery prospects for unsecured creditors. However, the judge determined that the funding was both necessary and appropriately structured to pursue high-value claims that could ultimately benefit the estate.

Legal analysts note that this type of debtor-in-possession (DIP) financing for litigation expenses is becoming more common in large corporate bankruptcies, especially when internal mismanagement or fraud is suspected. For litigation funders and investors in legal finance, the Steward case underscores the growing intersection of bankruptcy proceedings and asset recovery litigation.

Announcements Commercial Legal Innovation

Fenchurch Legal Launches Secured Litigation Funding Strategy for Fixed-Income Investors

By Harry Moran |

Fenchurch Legal, a UK-based litigation funding specialist, today announced the launch of a structured secured lending strategy aimed at fixed-income investors seeking stable returns outside of traditional markets. With economic uncertainty challenging conventional income instruments, the firm’s high-volume consumer litigation model offers a predictable, uncorrelated alternative designed to deliver quarterly interest payments through a diversified portfolio of secured law firm loans.

As economic volatility continues to test traditional markets, a growing number of investors are turning to alternative asset classes that promise stable risk-reward profiles. Litigation funding, once considered niche, is now emerging as a mainstream alternative investment, providing secure income generation.

Fenchurch Legal, a UK-based specialist in litigation funding, is among the firms redefining  the landscape of alternative credit strategies by offering a secured, income-generating investment that is predictable and uncorrelated with traditional markets.

A Secured Lending Approach to Litigation Funding

Fenchurch Legal has structured its litigation funding offering through a secured lending model, offering investors a fixed-income product with a unique security structure designed to protect investor capital. Unlike large litigation funders who focus on a few high-value commercial cases, Fenchurch Legal funds a high volume of smaller consumer claims - including those related to financial mis-selling and mis-sold car finance. This high- volume strategy allows for broad diversification across numerous law firms and case types, helping to mitigate concentration risk and deliver consistent returns.

The predictability of this model enables investors to receive fixed, quarterly interest payments, making it an attractive option for those seeking regular income through a disciplined, secured alternative to traditional fixed-income investments.

Delivering Predictability in an Uncertain Environment

One of the most attractive features of litigation funding is its low correlation with traditional markets and macroeconomic cycles, making it particularly appealing in volatile or downturn conditions. Unlike speculative alternative assets, high-volume litigation funding offers a structured and secured approach, ideal for investors prioritizing capital preservation and low volatility. Its predictability and resilience are what set it apart, with performance driven by legal outcomes rather than market sentiment or economic indicators.

From Case Selection to Investor Returns: The Fenchurch Model in Action

Real world case examples, such as PPI or mis-sold car finance, demonstrate how funding supports access to justice while delivering predictable outcomes for investors. These well-established, protocol-driven cases highlight the tangible benefits of Fenchurch Legal’s approach.

Investor capital is pooled and deployed via secured loans to law firms, enabling them to pursue a high volume of these smaller consumer claims. These cases follow established legal protocols and have historically demonstrated repeatable outcomes. The loans are repaid by the law firms over time, with interest, regardless of individual case outcomes, all backed by After-the-Event (ATE) insurance for added downside protection. 

This risk-managed structure has allowed Fenchurch Legal to consistently deliver investors with predictable, quarterly interest payments, ideal for income focused investors. By funding thousands of low-value claims across multiple law firms, the model achieves broad diversification and reduces exposure to any single case or firm. This risk-managed approach has historically delivered competitive returns, typically ranging from 11–13% per annum — making it well-suited to income-focused portfolios.

Louisa Klouda, CEO and Founder of Fenchurch Legal, stated, "At Fenchurch Legal, we’ve designed a litigation funding model that mirrors the features fixed income investors value most — regular income, downside security, and a diversified, risk-managed portfolio."

"In today’s economy, stability is the new growth. Litigation funding provides exactly that — it’s an asset class with low volatility, high transparency, and a compelling risk-adjusted return," she added.

About Fenchurch Legal

Fenchurch Legal is a UK-based specialist litigation financier, providing disbursement funding to small and mid-sized law firms pursuing consumer claims where outcomes are well-established and repeatable, including housing disrepair, financial mis-selling, and undisclosed commission cases. Founded in early 2020, Fenchurch Legal was established in response to growing demand for litigation funding in the smaller consumer claims segment—an underserved area of the UK litigation finance market. In parallel, Fenchurch Legal structures litigation finance investment products designed for investors, providing exposure to a non-correlated, secured investment class.

Announcements Commercial People Moves

James “Jim” Batson Joins Siltstone Capital as Managing Partner and Chief Investment Officer for Legal Finance

By Harry Moran |

Siltstone Capital, a leading multi-strategy alternative investment firm, is pleased to announce that Jim has joined the firm as a Managing Partner and Chief Investment Officer of its legal finance strategy. Jim brings extensive experience in legal finance and strategic investment management, enhancing Siltstone Capital's capabilities in deploying sophisticated, high-value legal investment opportunities globally.

Jim previously served as the Chief Operating Officer at Westfleet Advisors and was Co-Chief Investment Officer - US at the global dispute finance company, Omni Bridgeway. In that role, he played a key role in developing the firm's U.S. presence, co-leading its investment strategy, and building out a top-tier legal finance team. At Siltstone, Jim will utilize this extensive experience to guide investment strategy, identify high-quality opportunities, and foster team growth to achieve strong returns for investors.

Robert Le, Co-Founder and Managing Partner of Siltstone Capital, stated: "We are delighted to welcome Jim to our leadership team. His deep expertise in legal finance investment strategy, combined with his proven ability to build exceptional teams, positions Siltstone strongly as we launch our next fund. Jim's arrival marks an exciting phase for our firm, enhancing our capacity to execute sophisticated investment strategies and deliver outstanding results for our investors."

Jim commented, "I'm excited to join the Siltstone team and collaborate closely with Robert and the outstanding professionals at Siltstone Capital. Our combined expertise positions us exceptionally well to pursue compelling investment opportunities in the global legal finance market. I look forward to leading our investment strategy and contributing to the growth and success of an excellent team at Siltstone."

For more information about Siltstone Capital and its investment strategies, visit https://siltstonecapital.com.

Announcements Consumer

New Express Legal Funding Portal and App Give Injury Plaintiffs Faster Access to Lawsuit Cash Advances

By Harry Moran |

The below is a sponsored post from Express Legal Funding.

Express Legal Funding, a leader in the pre-settlement funding industry, has officially launched the Express Legal Funding Portal and mobile app suite—now available on iOS, Android, and web. The innovative platform gives plaintiffs real-time access to their funding application status, document uploads, and direct case communication—all from a secure, user-friendly interface.

Since launch, the platform has already seen over 200 app installs across iOS and Android, reflecting strong early adoption and client demand for greater transparency, speed, and convenience in the legal funding process.

"This is the kind of digital leap our industry needed," said Aaron Winston, Phd, Strategy Director at Express Legal Funding. "With the Express Legal Funding Portal, clients no longer have to wait days for updates or navigate confusing paperwork. Now they can check their status, send documents, and message us—all in one place, and on their own time, anytime 24,7. Ray Bivona, our Operations Manager, did a great job building out the platform."

Meeting the Demand for Speed, Simplicity, and Security

The Express Legal Funding Portal and apps are designed to meet the evolving expectations of legal consumers, as reports indicate the industry has surpassed $1 billion in annual advances nationwide. Key features include:

  • Live Case Status Tracking: Monitor the full legal funding timeline in real time
  • Secure Document Uploads: Send attorney correspondence and case files instantly
  • In-App Messaging: Communicate directly with case managers—no long hold times or email delays
  • Push Notifications: Get instant alerts for updates, requests, and approvals
  • Funding Calculator: Estimate pre-settlement cash eligibility based on case type
  • Bank-Level Encryption: Ensures client privacy and legal compliance at every step

"Clients tell us this is the best communication experience they've had with a legal funding company," said Shawn Hashmi, Chief Executive Officer at Express Legal Funding. "The high number of downloads in such a short time proves there's a real demand for this kind of tool."

Transforming the Legal Funding Experience for Plaintiffs and Attorneys

The Express Legal Funding Portal improves operational efficiency and transparency on both sides of the process:

  • For Plaintiffs: Offers peace of mind and greater control during a financially vulnerable time
  • For Attorneys: Reduces administrative back-and-forth, freeing up time to focus on litigation

About Express Legal Funding

Express Legal Funding is a trusted national provider of non-recourse pre-settlement funding, helping plaintiffs access fast, risk-free financial relief while their lawsuits move through the legal system. Repayment is only required if the client wins or settles their case.

The company has served thousands of injured plaintiffs in cases involving car accidents, slip and falls, product liability, and more.

What's Coming Next

In addition to the current features, the platform aims to expand in the coming months with:

  • Attorney Dashboard: Real-time access for law firms to manage client funding
  • In-App Renewals: Easy follow-up funding requests for returning clients
  • Case Management Integrations: Compatibility with popular personal injury law firm software platforms like Clio, Filevine, and SmartAdvocate
Announcements Commercial Deals

Litigation Funder Signal Peak Partners Launches in Texas

By Harry Moran |

Two leading litigation funders and former trial lawyers have joined forces and launched Signal Peak Partners, with a focus on commercial and patent litigation including domestic and international matters. Signal Peak offers customized litigation financing, private credit solutions, and monetization options to plaintiffs and their trial lawyers.

Signal Peak is led by co-founders and managing partners Lauren J. Harrison and Mani S. Walia. They have managed over $500 million in institutional capital, funded some of the largest judgments in the country, and practiced at preeminent law firms. From its network of trial lawyers, Signal Peak will source compelling cases to provide investors uncorrelated returns.

“I’ve had the privilege of working with the Signal Peak team for years,” said Jason Bertoldi, Global Team Leader for Litigation & Contingent Risk Insurance at Alliant Insurance Services, Inc. “They are a rare combination: elite trial lawyers and top-flight litigation funders with an unwavering commitment to delivering efficient and excellent results for their clients. Lauren and Mani are widely recognized as thought leaders, trusted partners, and expert advisors in the litigation finance industry. Signal Peak will be a tremendous asset for attorneys and plaintiffs.”

Ms. Harrison, recognized as one of Lawdragon’s “100 Global Leaders in Litigation Finance,” has over 25 years of civil litigation and litigation funding experience. She graduated magna cum laude from both Dartmouth College and Cornell Law School, where she was Articles Editor of the Cornell Law Review, and clerked for judges on the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Western District of Washington. She spent decades as a litigation partner at Vinson & Elkins and Jones Walker before focusing on litigation finance and serving as Vice President and Investment Counselor at Law Finance Group.

Mr. Walia has over 20 years of civil litigation and litigation funding experience. He graduated with honors from the University of Texas and with honors from the University of Texas School of Law, where he was an editor of the Texas Law Review. He clerked for judges on the U.S. Court of Appeals for the Third Circuit and the U.S. District Court for the Southern District of Texas before litigating at Susman Godfrey.

Mr. Walia previously founded the litigation finance group at the investment firm Siltstone Capital, where his work earned him Texas Lawbook’s award for Legal Innovation in 2022. Mr. Walia is a co-author of the sixth edition of ALM’s national treatise on litigation funding.

Signal Peak is honored that Hazoor Partners, the largest investor in Mr. Walia’s prior Siltstone fund, has chosen to be an anchor investor of Signal Peak. Prior to launching its first funding strategy, Signal Peak has secured commitments of over $40 million in investment capital, with a hard-cap final close of $125 million, along with a broad investment mandate.

Ms. Harrison said that Signal Peak “will distinguish ourselves as a funder of complex litigation and will empower trial lawyers and their clients through strategic funding.” She noted that Signal Peak takes its name from the highest natural point in Texas. “We aim to bring perspective and to help our partners achieve towering success.” Of Mr. Walia she said, “Mani is a visionary who saw this industry’s potential at an early stage, and he has profound leadership skills.”

Mr. Walia said, “It is a professional dream to partner with Lauren. She’s the person I admire most in the industry. I owe my approach to case selection to my mentor Stephen D. Susman, the country’s best trial lawyer over the last 50 years and the original litigation funder, and we continue his legacy of ensuring access to justice.”

Signal Peak’s management team includes experienced litigation fund specialists Jackson Schaap as Vice President of Finance and Carly Thompson-Peters as Director of Operations. Both were formerly with Siltstone Capital.

“Lauren and I are fortunate to have Jackson and Carly join us as founding members,” Mr. Walia said. “Jackson brings elite finance acumen to valuation and portfolio construction, and Carly, with her paralegal expertise, is the nerve center of our firm.”

Signal Peak’s investment committee includes a retired federal district court judge, one of the country’s leading litigation funding law professors, and the former head of Omni Bridgeway’s Houston office.

Signal Peak invites you to attend LitFinLive, its industry conference, on February 25-26, 2026, at The Post Oak Hotel in Houston.