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Commercial Regulatory Issues

Burford CEO Condemns UK Government’s ‘Failure to Act’ on PACCAR

By Harry Moran |

As LFJ reported last week, the Court of Appeal has decided to hear arguments over the validity of litigation funding agreements that use a multiple of the sum invested. As we suggested, this decision has emboldened funders who are dismayed at the government’s delays in enacting a legislative fix for PACCAR.

In a piece for the Financial Times, Christopher Bogart, co-founder and chief executive of Burford Capital, takes aim at the UK government’s “failure to act” in providing a solution for the litigation funding industry following the Supreme Court’s PACCAR ruling. Bogart argues that whilst the Prime Minister has repeatedly spoken about the need for the country to attract investment, the delay in acting on this issue “threatens to create an environment in which businesses and their money leave the UK to the detriment of the economy and workforce.”

In what is perhaps the most startling admission, and a thinly veiled challenge to the government, Bogart states that Burford “is reconsidering whether London is a preferred dispute resolution centre.” Whilst this appears to be a warning of what could occur, Bogart reports that “the lingering uncertainty and the government’s silence has caused the company to begin migrating some dispute resolution activity away from London.”

In his explanation of the challenges the UK funding market faces, Bogart highlights the industry trends post-PACCAR and points out that there has been a 75 per cent decrease in funding activity in the UK since the Supreme Court’s ruling. Burford’s CEO also points to the 23 per cent drop in group claims in 2024, which he attributes to the “uncertainty in the market.”

Without naming the specific cases, Bogart appears to reference the recent move by “opportunistic defendants” to challenge certain litigation funding agreements in class actions. Urging the government to provide a legislative solution sooner rather than later, Bogart argues that the alternative is a situation where the UK will face growing competition from abroad as “funders will look elsewhere to less risky options.”

Commercial Regulatory Issues

Indian Government Minister: No Plans for Regulation of Litigation Funding

By Harry Moran |

Outside of the prime litigation funding markets of the US, UK and Australia, developments from burgeoning markets are often few and far between. However, a new ministerial statement from the Indian government suggests that India has the potential to be a significant growth market for legal funding.

An article in Bar and Bench provides a useful insight into the litigation funding landscape in India, as it highlights a recent statement by a government minister that indicates there are currently no plans to implement new regulations governing third-party funding. 

Arjun Ram Meghwal, Minister of State of the Ministry of Law & Justice, was responding to a parliamentary question about the issue of legal funding and said:

“At present, there is no proposal under consideration of the Government for establishment of a legal and regulatory framework to facilitate Third Party Funding of litigation in the country and further, no examination of the potential of Third Party Litigation Funding as a means to address high litigation costs and pendency of cases has been carried out by the Government.”

As the Bar and Bench article notes, this is yet another encouraging sign for the Indian litigation funding industry which has been growing since a 2018 Supreme Court decision recognised the validity of third-party litigation funding. 

Case Developments Commercial

Omni Bridgeway Funding New Zealand Class Action Against Johnson & Johnson

By Harry Moran |

For consumers who were unwittingly deceived by falsely advertised products, a well-funded class action remains one of the few options available for these individuals to seek justice and compensation.

Reporting by The Post covers a new class action filed in the High Court of New Zealand, which is being brought against Johnson & Johnson over the alleged sale of ineffective cold and flu medications. The lawsuit alleges that Johnson & Johnson manufactured cold and flu products containing Penylephrine, which some medical studies have found is not an effective oral treatment for nasal congestion. Eligibility for the class action includes consumers in New Zealand who purchased one of the 17 identified Codral, Sudafed or Benadryl branded products between 2005 and 2025.

The class action has been brought by Australian law firm JGA Saddler, with litigation funding provided by Omni Bridgeway. This is the second such lawsuit brought against Johnson & Johnson by this team, with JGA and Omni having worked together to bring a similar class action against the pharmaceutical giant in 2024.

Rebecca Jancauskas, director at JGA Saddler, argues that “Johnson & Johnson has misled the public and they need to be held accountable for their actions.” Furthermore, Jancauskas suggests that there may be a larger pool of affected customers in New Zealand than Australia, explaining that between 2011 and 2024 “there was no other alternative for consumers in New Zealand suffering from sinus symptoms or allergy symptoms or cold and flu symptoms.”

Additional information on the class action can be found on Omni Bridgeway’s website.

Announcements Commercial People Moves

Victory Park Capital Expands Legal Credit Team, Welcomes Hugo Lestiboudois as Principal

By Harry Moran |

Victory Park Capital (“VPC”), a global alternative investment firm specializing in private credit, today announced that Hugo Lestiboudois has joined the firm as Principal. Mr. Lestiboudois, who brings over 10 years of experience in developing and operating legal finance strategies, will work alongside Richard Levy, VPC CEO, CIO & Founder, and Chad Clamage, Managing Director, to advance the firm’s legal credit strategy.

“We welcome Hugo to the firm with great excitement,” said Levy. “I am confident that his experience will help us unlock further momentum in the rapidly expanding market for legal investing and address the growing demand for innovative funding solutions.”

VPC’s legal credit team, comprised of veteran litigators, legal finance investors, and seasoned private credit professionals, takes an asset-backed lending approach to the legal asset class, emphasizing downside protection and current income streams. With its deep expertise and extensive industry relationships, VPC is well-positioned to capitalize on market inefficiencies and pursue opportunities across the full spectrum of legal asset types and structures.

“I am thrilled to join the VPC team and help further scale the legal credit strategy,” Lestiboudois said. “With a highly diversified portfolio of asset-backed legal assets and robust risk management controls, VPC’s disciplined and innovative approach creates resilience against market volatility and enables us to excel in the legal credit market.”

Previously, Mr. Lestiboudois was a principal at Syz Capital where he oversaw the firm’s legal finance strategies. Prior to that, Mr. Lestiboudois led the Illiquid Investments Desk at IVO Capital Partners where he focused on European distressed and structured credit transactions. Earlier in his career, Mr. Lestiboudois focused on asset-backed financing in his role at AgFe and held analyst positions at Capital Management and BlackRock.

About Victory Park Capital

Victory Park Capital Advisors, LLC (“VPC” or the “Firm”) is a global alternative asset manager that specializes in private asset-backed credit. In addition, the Firm offers comprehensive structured financing and capital markets solutions through its affiliate platform, Triumph Capital Markets. The Firm was founded in 2007 and is headquartered in Chicago. In 2024, VPC became a majority-owned affiliate of Janus Henderson Group. The Firm leverages the broader resources of Janus Henderson’s 2,000+ employees across offices in 24 cities worldwide. VPC is a Registered Investment Advisor with the SEC. For more information, please visit www.victoryparkcapital.com.

Community Spotlights

Community Spotlight: Burke McDavid, Co-Chair of the Investment Management & Private Funds Industry Group, Winstead PC

By John Freund |

Burke McDavid is a seasoned attorney with a comprehensive understanding of investment management, compliance and corporate law. With more than two decades of experience, he brings a wealth of experience in both private practice as well as overseeing legal and compliance matters as General Counsel and Chief Compliance Officer for a registered investment adviser managing funds focused on litigation funding.

Company Name and Description: Winstead is a leading Texas-based law firm with national practices serving clients across the country. We focus on exceeding our clients’ expectations by providing innovative solutions to their business and legal opportunities and challenges. We work as a trusted counsel to public and private companies, governments, individuals, universities, and public institutions.

Our business, transactions, and litigation practices serve key industries, including real estate, financial services, investment management and private funds, higher education and P3, airlines, healthcare and life sciences, sports business, and wealth management.

Company Website:  Winstead.com

Founded: 1973

Headquarters: Dallas, Texas

Areas of Focus: Investment Management and Private Funds

Member Quote: “Having assisted with the launch and operations of a litigation funding focused manager in 2013, and later having served as general counsel and chief compliance officer for that manager, I've seen the growth of the industry and enjoyed assisting with the unique challenges that funders and funding recipients face in structuring and working through funding relationships."

Community Spotlights

Community Spotlight: Patrick Yoder, CEO, Osage Capital

By John Freund |

Osage Capital was founded by Patrick Yoder, an entrepreneur with over 20 years of experience at the intersection of healthcare and legal services. Patrick has led startups and publicly traded companies in both industries, including being the Chief Revenue Officer of one of the largest publicly traded Healthcare Management Companies in Texas and most recently, the President and Owner of Lone Star Attorney Service. Driven by a commitment to continuous improvement, Patrick established Osage Capital to address a critical need in personal injury cases: ensuring that victims receive timely access to healthcare while maintaining the strength of their legal claims.

Company Name and Description: At Osage Capital, our mission is to accelerate cash flow and growth for legal and medical professionals, providing the financial resources necessary to focus on achieving justice and favorable settlements. Our tailored solutions, including medical funding and pre-litigation financing, enable attorneys and healthcare providers to optimize their services for better outcomes.

By accelerating cash flow, Osage Capital ensures that clients can focus on their recovery without financial pressure, attorneys can concentrate on their legal strategy, free from concerns about case expenses, and healthcare providers receive prompt compensation, allowing them to maintain their cash flow and continue offering high-quality care without waiting for settlements to be finalized.

Company Website:  www.osagecapital.com

Founded:  2024

Headquarters: Houston, TX

Areas of Focus: Pre Litigation Finance and Medical Funding

Member Quote: “Our goal is to ensure that every party involved in a personal injury case is empowered to focus on their strengths. We streamline the financial aspect so that clients can heal, attorneys can pursue justice, and healthcare providers can deliver the care that’s needed—without delays."

Announcements Consumer

Legal-Bay Pre-Settlement Funding Announces Additional Capital for Wrongful Termination Cases Due to Sexual Harassment and Sexual Abuse

Legal-Bay LLC, The Lawsuit Settlement Funding Company, reports today that they have set aside a large portion of their pre-settlement cash advance funding capital specifically for plaintiffs of sexual harassment cases. Legal-Bay has vast experience with unlawful termination and wrongful unemployment lawsuits related to sexual harassment and retaliation, as well as racial, gender, or age-related discrimination, whether in the office or elsewhere. Based on recent court case filings, the premier funding firm anticipates even more wrongful termination lawsuit filings to come.

Legal-Bay delivers financial assistance to people who've recently found themselves unlawfully unemployed, providing cash advances to plaintiffs while their cases are tied up in litigation. Sadly, sexual harassment is all too common in corporate workspaces, and if a person on the receiving end of it loses their job because of it, loss of pay or benefits can add financial stress to an already emotional situation. Lawsuit loans can offer a bit of monetary help during a trying time.

Chris Janish, CEO, commented, "While it's disconcerting to see an increase in sexual harassment filings, it's heartening to know that people aren't hesitating to file suit against their offenders. Many unlawfully terminated victims are unable to get new jobs right away, and sometimes a cash advance from Legal-Bay is the only way to pay the bills."

If you're an attorney or plaintiff in an ongoing wrongful termination, sexual abuse, sexual harassment, retaliation, racial, age, or gender discrimination lawsuit and require an immediate cash advance lawsuit loan from your anticipated lawsuit settlement, please visit our website HERE or call 877.571.0405.

Legal-Bay is an advocate for victims involved in sexual misconduct, sexual harassment, and sexual abuse cases. Their settlement loan programs offer immediate cash in advance of a plaintiff's anticipated monetary award for many other types of sex crime cases such as clergy or Catholic Church sexual abuse cases, prison rape cases, police brutality, and more. The non-recourse lawsuit loans also help victims involved in unlawful termination and wrongful unemployment lawsuits, personal injury lawsuits, car and truck accidents, commercial litigation, verdict or judgment on appeal cases, medical malpractice, and more.

Legal-Bay's programs are non-recourse lawsuit cash advances—sometimes referred to as loans for lawsuits or loans on settlement—and are risk-free, as the money doesn't need to be repaid should the recipient lose their case. Therefore, the lawsuit loans aren't really a loan, but rather a cash advance.

Legal-Bay has some of the quickest turnaround in the industry, normally getting plaintiffs cash-in-hand within 48-hours of filing an application. If you require money now, please visit the company's website HERE or call 877.571.0405 where skilled agents are standing by. 

Announcements Commercial Regulatory Issues

International Legal Finance Association (ILFA) Statement in Opposition to Forced Disclosure Legislation

By Harry Moran |

Today, the International Legal Finance Association is announcing its opposition to the Litigation Transparency Act of 2025, which would force public disclosure of all financing in civil cases in federal courts. 

The sweeping nature of the bill would harm small-scale inventors, startups, small and family-owned businesses, and individual Americans who partner with legal funders because they otherwise would not have the resources to assert their rights, protect their property, and defend their livelihoods.  This bill would force disclosure of the sensitive details of their legal strategies and is a blatant attempt to further tilt the legal system in favor of the biggest corporate players resulting in a dramatic reduction in civil litigation against them.  This bill would also partially nullify liability for America’s largest tech and insurance companies. 

Paul Kong, Executive Director, said: 

“The effect of the legislation is devastating to the economic health of our nation and the Rule of Law. The bill would harm small businesses that have been wronged by large corporations and are seeking redress in court. There should never be a financial barrier to entry to civil litigation, and if this law is enacted, that is exactly what will happen. Only the litigants with enough money to support large professional legal teams for months of litigation will have a chance to protect their intellectual property from Big Tech’s infringement or to force Big Insurance to pay rightful claims. It is no surprise that the US Chamber of Commerce, the country’s largest insurance industry groups, and Big Tech have expressed support for the bill, as they all stand to benefit from a system like that. They are eager to preserve their ability to wield massive legal teams and resources to bully those they have harmed. 

This bill is a harmful solution in search of a problem. Courts already have the authority to order disclosure of financing when relevant and are in the best position to determine the relevancy of any financing agreement to the merits of the litigation. In the overwhelming majority of cases, courts have held that the details of legal finance agreements are not relevant to the underlying merits of cases and should be protected rather than turned over to the opposition in litigation. 

The bill’s corporate champions are trying to scare up support by invoking the specter of malign foreign actors exploiting our legal system but they cannot cite any actual examples of this threat materializing, with good reason. As civil litigation experts have noted repeatedly, existing law, court rules, and ethical guidelines provide litigants ample ability to maintain control of their cases and ensure attorneys don’t breach their duties of loyalty and confidentiality. Courts and corporate defendants themselves are also equipped to guard against the release of sensitive information, including through the issuance of a protective order. Lawmakers should oppose this effort and instead stand with small businesses to defend our free enterprise system. 

ILFA opposes the Litigation Transparency Act and will seek to educate the Members of the Judiciary Committee and the House of Representatives on the dangers of this legislation and the true motives of its proponents.” 

About the International Legal Finance Association 

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. 

For more information, visit www.ILFA.com and find us on LinkedIn and X.

Commercial Legal Innovation

Howden Insurance Launches Low-Value Litigation Funding and ATE Facility

By Harry Moran |

Although the funded cases that tend to attract the most attention are those that are valued in the tens or hundreds of millions of pounds, there is clearly still an appetite for legal funding aimed at smaller cases that require less capital and faster turnaround times.

In a post on LinkedIn, Mark Sands, Head of Insolvency at Apex Litigation Finance, announced the launch of a new low-value litigation funding and ATE facility: Virtus. The new facility is being launched by Howden Insurance Brokers, with Apex and Ignite Speciality Risk acting as exclusive providers of litigation funding and ATE insurance, respectively.

The Virtus facility is designed to provide law firms and their clients with quick access to legal funding up to £750,000, along with ATE insurance cover up to £100,000. Sands explains that this new product is aimed at clients looking to unlock small to medium size commercial claims. In order to meet these requirements, the Virtus facility offers guaranteed turnaround times including funding sign-off within 10 working days and an ATE insurance offer within 5 working days.

Sands directs any parties looking for more information or to start an application for funding to contact: Katie.Armstrong@HowdenGroup.com