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Commercial Regulatory Issues

Litigation Funder Working as General Counsel at DOGE

By Harry Moran |

As the future of litigation funding regulation continues to be a hot topic across many jurisdictions, it is worth considering the level of influence litigation funders have at the highest echelons of government. A new report suggests that in the US, one litigation funder’s founder has a role in Elon Musk’s new organization targeting government efficiency.

An article in Pro Publica highlights the role of prominent lawyers who have been appointed to positions within the Department of Government Efficiency (DOGE), the temporary organization created by President Trump via executive order on January 20. The three lawyers, who have been identified by Pro Publica through a review of records that list DOGE email addresses at the Executive Office of the President, are Keenan Kmiec, Jacob Altik and James Burnham.

Burnham stands out among these three names, as in addition to his new role as general counsel at DOGE, he is also the President and founder of litigation funder Vallecito Capital. According to a Bloomberg Law article, Burnham launched Vallecito Capital in July 2023 with a $50 million fund, with the aim to fund lawsuits against companies that are engaged in “unambiguously bad behaviour.” The size of the $50 million fund and Burnham’s ownership, largely through a company called Deep Creek LLC, is confirmed in an application for investment adviser registration filed with the SEC.

Burnham has an extensive legal background that includes time as a litigation partner at Jones Day, the Deputy Assistant Attorney General for the Consumer Protection Branch of the Department of Justice, and a Senior Associate Counsel to the President. In addition to these roles, Burnham has also clerked for Justice Neil Gorsuch on the U.S. Supreme Court and Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.

As well as founding his own litigation funding business, Burnham is also listed as the founder of boutique law firm, King Street Legal.

Commercial Deals

LLoyd’s Extends Litica’s Coverholder Approval to Include Europe

By Harry Moran |

Whilst litigation funders often dominate the conversation in the legal funding space, the role and influence of litigation insurers has only grown in recent years as they have expanded their provision of litigation risk solutions to claimants, funders, law firms, and in-house counsel.

An announcement from Litica revealed that Lloyd’s has extended its Coverholder approval to include Europe, thereby approving Litica Europe to underwrite commercial litigation insurance on behalf of certain Lloyd’s Syndicates. This latest extension from Lloyd’s follows on from its existing Coverholder approval for Litica in both the United Kingdom and Asia-Pacific.

In the announcement, Litica explained that this approval authorises Litica Europe to underwrite insurance for policies with adverse cost limits of up to €15 million, which it says is “one of the most substantial and material levels of authority granted by Lloyd’s Syndicates in the commercial litigation insurance space.” This extension will also allow Litica to offer bespoke solutions to the European market, allowing for tailored products that are more suited to Europe than the UK.

Litica also highlighted that it has now underwritten over €2.2bn of risk to date, with cases spanning a range of litigation and arbitration.

More information about the approval and Litica’s ongoing work can be found in the full announcement here.

Commercial Deals

Renovus Capital Partners’ Portfolio Company Angeion Group Acquires Donlin Recano

By Harry Moran |

Angeion Group, a premier provider of end-to-end group litigation services, today announced the acquisition of Donlin Recano & Co. LLC, a distinguished leader in bankruptcy administration. This strategic acquisition enhances Angeion Group’s comprehensive suite of tech-enabled legal services, reinforcing its position as the market leader in group litigation support.

With a legacy of serving over 200 national clients across diverse industries, Donlin Recano brings decades of expertise in claims management, noticing, and bankruptcy case administration. By integrating its operations, Angeion Group is poised to set a new industry standard—leveraging technology, precision, and innovation to redefine the way complex bankruptcy matters are managed.

“Bringing Donlin Recano into the Angeion Group family allows us to apply our hallmark commitment to accuracy, innovation, and efficiency to an already well-respected leader in the restructuring space,” said Steven Weisbrot, CEO of Angeion Group. “Our vision is clear: we will continue to listen to our clients, anticipate their evolving needs, and deliver transformative solutions that exceed expectations.”

This acquisition marks a significant expansion of Angeion Group’s service offerings, seamlessly integrating Donlin Recano’s proven expertise with Angeion’s award-winning technology and client-first approach. Together, the combined division, Angeion Group Bankruptcy Services, will provide an elevated standard of service to law firms, financial institutions, and corporate clients navigating the complexities of bankruptcy and restructuring.

“We’re excited to see the momentum that Angeion Group is building both through organic and inorganic growth,” said Greg Gladstone, Vice President at Renovus. “Donlin Recano seamlessly complements Angeion Group’s extensive legal services capabilities by adding bankruptcy expertise, unlocking significant opportunities for growth and delivering enhanced value to our clients.”

With this acquisition, Angeion Group continues its trajectory of strategic growth and industry leadership, reaffirming its commitment to delivering best-in-class tech-enabled legal services across the litigation and bankruptcy sectors.

About Angeion Group

Angeion Group is a leading provider of legal notice and settlement administration services, leveraging technology, expertise, and data-driven strategies to deliver best-in-class solutions for complex litigation matters. With a reputation for excellence, innovation, and unwavering client commitment, Angeion Group continues to redefine industry standards.

Commercial People Moves

IQuote Announces New Dubai Office to Support Global Technology Strategy

By Harry Moran |

In the ongoing struggle to carve out opportunities within the competitive legal funding market, smaller regional funders are increasingly looking to technology-oriented strategies to try to grow their operations and compete with the established market leading companies.

An article in Insider Media covers an announcement from litigation funder IQuote Limited, who are expanding their operations with the opening of a new office in Dubai. IQuote, which was founded in Manchester in 2016, sees the Dubai office as a major step in its strategy to strengthen its technology capabilities, with plans to embark on a recruitment drive to staff this new office.

Along with this expansion to a new region, IQuote is also working on bolstering its Manchester office with new hires to build on its existing strength in the European market. IQuote is looking to recruit for several positions, including a Head of European Opportunities, Data and Risk Analysts to enhance financial forecasting, and auditors for account management and reporting. 

Craig Cornick, CEO of IQuote, highlighted Dubai’s place as “a global innovation hub”, with the new local footprint allowing the company to “tap into a wealth of talent and technological resources.” Explaining IQuote’s unified approach across these different regions, Cornick said, “By strengthening both our Manchester and Dubai teams, we’re ensuring that we have the resources and expertise needed to meet the increasing demand for our services across Europe and beyond.” 

Announcements Commercial

Burford Capital Announces 2025 Investor Day

By Harry Moran |

Burford Capital Limited ("Burford" or the "Company"), the leading global finance and asset management firm focused on law, today announces it will host an Investor Day on Thursday, April 3, 2025, in New York City, which will also be webcast live and available for replay. The presentation is scheduled to begin at 9.00am EDT.

Led by Burford's executive management team and other key leaders, the event will provide a comprehensive strategic update on Burford's business and will also serve as an immersive introduction for investors and analysts who are new to the Company.

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai and Hong Kong.For more information, please visit www.burfordcapital.com.

Announcements Commercial Legal Innovation

Counsel Financial Unveils Revamped Website, Modern Branding and Expanded Product Offerings

By Harry Moran |

Counsel Financial, the nation's leading provider of financing solutions exclusively for plaintiff law firms, is proud to announce the launch of its newly redesigned website and updated branding. The refreshed branding underscores the company's commitment to providing accessible capital solutions to the plaintiffs' bar while highlighting its expanded scope of services offered to capital providers who invest in law firms focused on contingent-fee litigation.

The updated website, CounselFinancial.com, features a streamlined design, enhanced functionality, and includes new sections detailing the company's tech-enabled, end-to-end solutions for banks and investment funds. Visitors can now explore the site with ease, accessing detailed information on Counsel Financial's array of financing solutions, resources and success stories from law firms nationwide.

"Counsel Financial has always been a pioneer in the legal funding space and this rebrand reflects our evolution while staying true to our mission of empowering plaintiff firms to achieve financial stability and success," said Paul Cody, CEO. "The new website represents our commitment to growth, accessibility and continuing to be the trusted partner for law firms and capital providers."

Unmatched Servicing Expertise

A standout feature of Counsel Financial's offerings is its comprehensive servicing capabilities, designed to meet the complex needs of capital providers investing in law firm financing. With expertise in collateral monitoring and case valuation, Counsel Financial provides unparalleled servicing for portfolios secured by contingent fee interests. The company's proprietary systems and dedicated team ensure accurate case tracking, timely reporting, and proactive management of legal fee receivables. Partnering with Counsel Financial allows capital providers to tap into the company's 25 years of legal funding expertise, enabling them to maximize portfolio performance and mitigate risk effectively.

A Legacy of Innovation

Founded by attorneys for attorneys, Counsel Financial has provided over $1.5 billion in loans to plaintiff law firms since its inception. The company's industry expertise, combined with its commitment to client success, has positioned it as a trusted partner for firms looking to grow their practices and manage financial hurdles effectively.

Visit CounselFinancial.com to explore the new website, learn more about the expanded product offerings, and discover how Counsel Financial can help your firm achieve its goals.

About Counsel Financial

Counsel Financial is the premier litigation financing company in the U.S., founded by attorneys in 2000. We operate with the belief that opportunities should never be limited by resources. Counsel Financial is dedicated to helping law firms and capital providers succeed and grow together in the evolving world of contingency-fee litigation.

Case Developments Commercial

Fox Files Petition to Compel Discovery of Funder in Smartmatic Defamation Case

By Harry Moran |

When it comes to discovery requests over third-party funding in US lawsuits, we are accustomed to seeing these issues arise most commonly in intellectual property and patent litigation. However, a recent petition has shined the spotlight on a funded cases that is notable for its connections to the country’s political and media landscape.

An article in Bloomberg Law reveals that Fox Corp. has filed a petition in California Superior Court to compel discovery against the funder of the defamation case brought against Fox by Smartmatic USA Corp. Smartmatic’s claim for $2.7 billion in damages is being funded by Reid Hoffman, co-founder and executive chairman of LinkedIn, as disclosed by Hoffman himself in July of last year. Smartmatic’s case was first brought in February 2021, focusing on allegations that Fox defamed the voting technology company in its coverage of conspiracies about the 2020 US presidential election.

Fox’s petition was filed on January 29 following Hoffman objections to subpoenas, with counsel for Fox requesting that Hoffman and his aide Dmitri Mehlhorn be deposed, and handover documents relating to his funding of Smartmatic’s case and the validity of those claims. The central issue that Fox’s petition raises is the valuation of damages that Smartmatic is claiming, referencing comments in the media from Mehlhorn who suggested that without the alleged defamation, Smartmatic “could be a $400 million company.” 

Furthermore, Fox’s petition aims to support its anti-SLAPP counterclaim against Smartmatic, as the requested documents and testimony may provide evidence that the defamation lawsuit was ideologically motivated. Fox’s counsel stated that “if this lawsuit is motivated not by the facts but by some political agenda against Fox News or its perceived political views, that is evidence Fox must obtain in connection with its counterclaim.” 

Commercial Regulatory Issues

Court of Appeal to Hear Arguments on Multiple-Based Funding Agreements

By Harry Moran |

As the Civil Justice Council (CJC) continues its review of third-party litigation funding, there has been much consternation over the resulting delay to any possible legislative solution to the Supreme Court’s PACCAR ruling. Litigation funders may now feel further vindicated over this delay, as the Court of Appeal has decided to intervene to list a hearing on one of the crucial issues for funding agreements in a post-PACCAR world.

Reporting by The Law Society Gazette covers a development at the Court of Appeal, where chancellor of the High Court Sir Julian Flaux and Lord Justice Green announced that the court would hear arguments on the use of the funding agreements that calculate returns based on a multiple of the funder’s investment. The decision came in a directions hearing where the justices lifted the stay on appeals from defendants in cases where the claimants are backed by third-party funders, with a plan for the Court of Appeal to hold a hearing in the summer. 

The chancellor explained that this decision to further evaluate the issue of the ‘multiple’ approach in funding agreements was a result of the new government’s move to delay legislative action on PACCAR, with no solution in sight until after the CJC review is completed later this year. Therefore, the court ruled that “there is not now a good reason” to stay the appeals, and a hearing would be convened between the end of May and the end of July to hear the defendants’ arguments. 

The appeals from defendants, over the use of these multiple-based funding agreements, come from a number of high-profile cases including:

  • Alex Neill v Sony Interactive Entertainment
  • Apple Inc. & Apple Distribution International Ltd v Kent
  • Commercial and Interregional Card Claims II Ltd v Visa Inc & ors
  • Commercial and Interregional Card Claims I Ltd v Mastercard
  • Gutmann v Apple Inc & ors
Commercial People Moves

Nera Capital Kicks Off 2025 with Ambitious Recruitment Drive

By John Freund |

Leading litigation finance firm Nera Capital is bolstering its already flourishing team, with several senior hires. A new In-House General Counsel, Managing Director of Commercial Claims Division and Financial Controller are currently being recruited to bolster the management team with new experienced talent.

In addition, the firm has already acquired a new financial analyst and the firm’s audit team is also branching out, with new hires expected to join its Manchester and Dublin offices.  Nera’s success comes after a period of sustained growth in the litigation finance market.

Director of Nera Capital Aisling Byrne shared her thoughts on the expanding team: 

“At Nera Capital, we believe that strong leadership and diverse talent are the cornerstones of our success. We don’t just work together - we grow together. Nera Capital is a place where passion, strategy, and collaboration meet, creating an environment where every team member can thrive and make a meaningful impact. I’m very proud of what we’ve achieved so far. Our expansion isn’t just about numbers - it's about nurturing a vibrant culture of collaboration and innovation that empowers us to take major steps forward in the litigation finance space.”

The firm ended the year on an undoubtable high with the introduction of its Access to Justice Fund to assist those in need of legal assistance or financial support. 

In yet another successful funding deal, Nera also managed to procure a further $25 million to boost UK consumer protection claims and ensure increased access to justice for individuals seeking redress. The firm also recently announced the opening of its Dutch office in Amsterdam as it takes on more work in the Netherlands, adding to its locations in Dublin and Manchester. 

Aisling added: "With every fresh perspective we welcome, we are igniting a powerful movement in litigation finance - one driven by passion, purpose, and an unwavering dedication to ensuring that justice is within reach for all.

“Together, we will continue to push boundaries and redefine what's possible in litigation finance. But most importantly, we will continue to make a difference and increase access to justice for all.

She added: “I’d like to thank our amazing team and partners in the UK, US and across Europe for greatly contributing to our success. We look forward to what the future holds.”