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Commercial Deals

Tips for Lawyers Seeking Litigation Funding

Entering into a litigation funding agreement can be a daunting prospect for lawyers who do not have experience engaging with funders, with the confidential nature of the industry leading to a lack of publicly available information on best practices for securing third-party funding.  In a post on LinkedIn, Mikołaj Burzec, an independent litigation finance advisor and broker, offers a range of advice for lawyers when it comes to approaching litigation funders and achieving the best financing arrangements.  Burzec suggests that the first and most important step for lawyers is to ensure they have a thorough understanding of what acceptance standards are held by litigation funders. In particular, this means bringing cases that will align with a funder’s ‘diligence processes and investment criteria’.  Beyond this overarching maxim, Burzec emphasises the importance of choosing the right funders to approach, as individual funders will have different preferences when it comes to the size of a deal, specific type of litigation, jurisdiction, and current stage of litigation. As part of this process, he highlights the need for lawyers to demonstrate a detailed analysis of the potential risks and challenges involved with the case, explaining that ‘providing comprehensive information helps build trust with funders, increasing the likelihood of a positive response.’ Once funders have expressed interest in a case, Burzec says that it’s equally important to have awareness of ‘the different negotiation processes employed by various funders and recognizing non-negotiable provisions in funding agreements.’ Following on from this careful navigation of the negotiation process, Burzec recommends a ‘judicious’ approach when it comes to granting exclusivity to a funder. Taking this more cautious tone whilst closely analysing a funder’s approach, ‘can help lawyers avoid potential pitfalls and maintain flexibility in pursuing alternative funding options.’
Commercial Regulatory Issues

The State of Third-Party Funding in Asia

As the litigation funding market continues to grow more competitive, enterprising funders are keen to identify regions where there is still room to build a dominant market share. Of these regions, Asia stands out as an exciting prospect for funding growth, but remains a market that is not as accessible for international funders. In an article for the China Business Law Journal, Mariana Zhong, partner at Hui Zhong Law Firm, provides an overview of the current state of litigation finance in Asia. The article provides a detailed analysis of the existing rules governing third-party funding in different Asian jurisdictions, explaining recent developments across both litigation and arbitration funding, as well as highlighting some up-and-coming domestic funders in China. Looking at the current state of regulation, Zhong points out that many of the major arbitration institutions have introduced rules allowing for the provision of third-party funding over the last decade. These institutions include the Singapore International Arbitration Centre (SIAC), the China International Economic and Trade Arbitration Commission (CIETAC), the Beijing International Arbitration Centre (BIAC), and the Hong Kong International Arbitration Centre (HKIAC). However, Zhong also emphasised that there is little uniformity among these different institutions, with disclosure requirements varying significantly between CIETAC, which has imposed stringent disclosure rules, and SIAC, which requires a much narrower disclosure around the existence of funding arrangements. In terms of recent Chinese court rulings on the legitimacy of third-party funding, Zhong explains that there have been positive signs, such as Case No. (2022) Jing 04 Min Te No. 368, where the court recognised ‘that the parties’ choice to engage third-party funders was well within their legal rights.’ However, other rulings have raised issue with the presence of outside funding, including Case No. (2021) Hu 02 Min Zhong No. 10224, in which the court ruled against the legality of the funding arrangement due to concerns over the conflict between third-party funding and ‘with public order and good morals.’ Zhong notes that whilst the global market is still dominated by large international funders, the Chinese market has seen the emergence of a few firms who are hoping to meet the demand in this burgeoning market. She highlights Hou Zhu (Hold Capital) and Ding Song (DSLC) as two Chinese funders who are ‘rapidly maturing’ and ‘engaging zealously in domestic and Asian-wide funding activities.’
Case Developments Commercial

High Court Rules in Favour of Funders in Dispute with Bugsby Property

As LFJ reported last month, the effects of the Supreme Court’s PACCAR decision are already being felt in ongoing court cases, with disputes arising between funders and their clients. Following the High Court’s rulings granting asset preservation orders for both Omni Bridgeway and Therium in their disputes with Bugsby Property, the two funders have won yet another favourable decision. An article from CDR highlights a recent decision in the High Court of England and Wales in the case of Omni Bridgeway and Therium v Bugsby Property, where the court dismissed Bugsby’s application ‘for fortification of cross-undertakings in damages’ given by Omni Bridgeway and Therium.  Bugsby had argued to the court that it required some form of security for the cross-undertakings to ensure that both funders would honour their obligations. Omni Bridgeway and Therium had argued, in their opposition to the application, that there was no significant risk that either funder would fail to meet the obligations of those cross-undertakings and that Bugsby had not provided evidence for its claim for loss. In his dismissal of the application, Mr Justice Jacobs held that Bugsby’s claim for loss was “speculative” and stated that the company had “failed to establish a good arguable case that the claimed loss will be suffered in consequence of the injunctions sought.” In response to concerns that the funders would not honour the cross-undertakings, the judge noted that both Omni Bridgeway and Therium possessed substantial capital, and there was “no real doubt as to their ability to meet a liability for GBP 5.14 million between them.” Neil Purslow, chief information officer at Therium, provided the following comment on the High Court’s decision: “We are pleased that in addition to the Asset Preservation Order, the High Court has again found against Bugsby who failed to establish that there was a realistic prospect of them entering the litigation funding market, and that as the judgement says, any claimants relying on funds provided by Bugsby might have “additional reasons for being cautious” in light of Bugsby not paying Therium and another funder what it owes them.”
Commercial Special Features

An LFJ Conversation with Byron Sumner, CEO and Co-founder, Ignite

Byron Sumner is the CEO and Co-founder of Ignite, a specialist litigation insurer built on its founding members' significant litigation and reinsurance expertise. Ignite offers large capacity limits on 'A' rated paper across various case types, along with an extensive product suite tailored to each stakeholder's unique needs. Their solutions range from straightforward contract disputes up to multi-billion pound international arbitrations. Ignite's mission is to transform the legal expenses insurance experience by providing swift and simplified solutions, transparent communication, tailored problem-solving, and unwavering support to help clients achieve their desired outcomes. Byron’s experience over the past decade includes a plethora of cross-class responsibilities within the (Re)Insurance industry, having held both analytical and transactional roles at several leading insurance organisations, including Argo Syndicate 1200, Chubb, and Aon. As well as founding an analytics and targeted client acquisition business, Byron has supported the capacity acquisition, product development, and growth strategies of several market leading MGAs. Byron’s commitment in the co-founding of Ignite is driven by a strong appetite to further develop the harmonisation of Insurance and Commercial Litigation. Below is our LFJ Conversation with Byron Sumner: Can you please provide the basics on Capital Protection Insurance (CPI)? At its most basic level, how does it work, whom does it protect, and what are the benefits?  At its core, a CPI policy safeguards an agreed portion of a funder’s outlay. A CPI policy can be purchased for a single piece of litigation, or across several litigation assets that form a portfolio of investments. Simply put, if the agreed portion of capital is not generated by a specified date outlined in the policy wording, the insurer is obligated to pay a claim in line with the deficit between the funder’s return and the policy’s limit of indemnity. The benefits of CPI go beyond the scope of most conventional insurance products, which primarily focus on the provision of ‘sleep easy’ downside protection. When leveraged efficiently, CPI offers litigation funders the opportunity to unlock a wider pool of potential investment partners and more attractively priced debt capital. How does the rise of CPI within the legal services landscape impact litigation funders when it comes to their case selection and underwriting approach?  The CPI policy does not intend to allow funders to dilute their DD approach to cases. Ignite collaborates with top-tier litigation funders who are not only expected to maintain the same high level of DD, whether insured or not, but are also obligated to adhere to specific case selection criteria and other underwriting processes to satisfy the policy’s requirements. Eligible only for discerning customers, Ignite’s CPI policy is designed to be a highly utilisable safety net in the event of an unexpected loss rather than an instrument employed to eliminate legitimate litigation risk in its entirety. What would you say the interest level is from litigation funders around your CPI product? What sorts of questions are they asking you / what concerns do they have - and how do you allay those concerns?  Interest in CPI products has steadily increased over the past three to five years. While most prospective insured partners encountered by Ignite are funders seeking to protect a portion of their capital, we now see requests for additional cover such as insured premiums and ‘upside protection’, which involves ensuring the return of a portion of capital in excess of the principal investment (>1X MOIC). The primary concern of litigation funders and their LPs/financiers regarding CPI revolves around the insurer’s ability to pay a claim in the event of a large loss. This concern is largely mitigated by Ignite’s capacity partners’ A- rating and market-leading internal underwriting team. Through adept policy structuring and procedural stipulation, we reduce the risk of a lost case to a minimum. When Ignite partners with litigation funders, what criteria are you looking for in your diligence? Ignite’s DD is extensive, and underwriting portfolio CPI ‘wrappers’ is a more complex, bespoke process when compared to single case, open market policies. Transparency is critical to the process; working in partnership with its prospective customers, Ignite’s underwriting team will initially explore a fund manager’s historical track record, as well as their internal experience and expertise, including that of their investment committee. To gain an early understanding of viability, Ignite’s team also evaluates a funder’s IRR and MOIC expectations underpinned by their assumptions around case success rate and associated recoverability. How do you see the continuing emergence of insurance products within the litigation funding sector contributing to the evolution of litigation finance over the coming years, and how will Ignite play a role in that ongoing story?  Utilisation of insurance is still a relatively new concept to many funders, particularly in the context of CPI over more traditional ATE products such as adverse costs cover. I am confident that insurance products will play a significant role in the future of litigation funding and Ignite’s increased receipt of insurance applications unequivocally attests to this upward trend. A CPI policy can not only facilitate a reduced cost of capital for funders, but also unlock the litigation asset class through the utilisation of an investment grade rating for traditionally risk-averse investors such as pension funds and insurance companies. As a result of the growing harmonisation of insurance and commercial litigation, I anticipate a greater influx of appropriately priced capital and access to justice for those claimants/plaintiffs with meritorious claims. Ignite will continue to play a leading role in this evolution by providing specialist insurance products that fulfil the needs of our customers. Ignite’s offering, which itself is always evolving, aims to work back-to-back with funders on baskets of cases which are cross collateralised, allowing insurers to benefit from the familiar benefits of diversification. As litigation funders explore new avenues to mitigate risk, the role of insurance products like CPI becomes increasingly significant. Could you share some insights into how Ignite caters to the needs and expectations of litigation funders in this changing environment? Ignite dedicates a significant amount of time and resources to developing a profound understanding of its target market. The company collaborates closely with some of the world’s premier funders to explore innovative and well-established strategies to assist in the management of their portfolios to utilise their capital more efficiently to drive better returns for all stakeholders. Ignite’s success is intricately linked to the success of its insureds, and this dynamic serves as a solid foundation for future collaborations. For example, this strong working relationship typically manifests in the seamless adaptation of standard policy documentation to cater to the specific individual needs of the funder client. Ignite consistently maintains a sharp focus on delivering a catalyst for an increase in successful case outcomes, which, ultimately benefits plaintiffs and claimants.
Commercial Special Features

Member Spotlight: Blake Trueblood

Blake Trueblood, a seasoned advocate and litigator, brings over eighteen years of experience to the forefront of the litigation finance industry. As co-founder of Invenio LLP, Blake has played a pivotal role in the firm's dedication to the emerging litigation finance sector. His extensive background includes serving as General Counsel for a group of litigation finance and claims management companies, where he assisted plaintiffs and law firms in various practice areas, from personal injury to mass torts.
Blake's entrepreneurial spirit led him to co-found and manage a Florida-based law firm, specializing in representing claimants in personal injury, discrimination, and commercial claims. His practice has catered to both individuals and businesses seeking just compensation. Beyond his legal expertise, Blake has earned the trust of entrepreneurs, Native American tribes, and media personalities. His insightful commentary on topics like litigation finance and Tribal economic development has solidified his reputation as a thought leader. Born in the Midwest and raised in Florida, Blake now splits his time between Washington, D.C., and Fort Lauderdale, where he has a home with his significant other Maria, their daughter Amber,  and his dog Bella, a chihuahua-beagle mix. As an enrolled member of the Choctaw Nation of Oklahoma, Blake is deeply connected to Native American culture and its economic development initiatives. In his free time, he's an avid hiker, runner, and Brazilian Jiu-Jitsu practitioner, holding a black belt since 2015, with a second-degree earned in 2021. Company Name & Description: Invenio LLP is a leading provider of legal services for those navigating the complexities of the litigation finance industry. Our founding partners have extensive experience in claimant funding, law firm lending, and litigation supported by third-party funding. We serve claimants, the law firms who advocate on their behalf, and the lenders and funders that provide the capital necessary to see justice through. Our lawyers bring a wealth of experience to the rapidly evolving litigation finance landscape. We’ve represented both plaintiffs and defendants in litigation, and immersed ourselves in venture start-ups and private equity ventures catering to plaintiffs, law firms, and claims development experts, giving us a unique blend of expertise suited to untangle the complexities of the litigation finance space and find solutions. Invenio is committed to increasing access to civil justice by helping plaintiffs of all types access courts and level the playing field against well-resourced defendants.  We believe litigation finance can be a force multiplier for plaintiffs and the firms that represent them. We aim to make the process of exploring and obtaining litigation finance clear, fair, and straightforward. Company Website: inveniolaw.com Year Founded: 2022 Headquarters: Invenio has joint headquarters in Washington, D.C. and Fort Lauderdale. Area of Focus: Invenio LLP is fully engaged in all aspects of the rapidly emerging litigation finance industry. The firm’s founding partners have each worked on multiple claimant funding and law firm loan transactions and have themselves litigated cases where law firm portfolio funding or third-party case funding was used. Our clients are law firms borrowing for their cases or portfolios, claimants seeking traditional third-party funding, lenders seeking assistance with underwriting and servicing of cases or portfolios of cases, and parties to disputes or workouts. We focus on Case & Portfolio Underwriting; Borrower & Claimant Side Representation; and Pre-Settlement, Post-Settlement & Medical Lien Funding. Member Quote: "We believe that litigation finance levels the playing field in the fight for access to justice, both for claimants and the attorneys and law firms that represent them on the front lines. Invenio LLP was founded on that principle, and we focus our efforts each day on ensuring that plaintiffs, their advocates, and the investors who fund their efforts get the guidance they need to navigate this complex industry."
Commercial Regulatory Issues

Lord Gold Argues Government Should Provide ‘Legislative Solution’ to PACCAR Issues

As we continue to watch the aftermath of the Supreme Court’s PACCAR decision play out in court cases and judgements, there remains the unanswered question of how the government will respond to calls for new regulations that will more clearly define the place of litigation funding agreements (LFAs).  In an op-ed for The Law Society Gazette, Lord David Gold, principal of Gold Collins Associates and investment committee chairman of Balance Legal Capital, argues that ‘it is crucial that the uncertainty created by this decision be urgently resolved.’ Lord Gold highlights the important role that legal funding plays in the UK’s civil justice system, suggesting that ‘the availability of third party funding for claimants boosts the UK courts’ status as a global legal centre.’ Given the ‘widespread market uncertainty’ caused by the PACCAR ruling, Lord Gold says that the court system will now be forced to dedicate a huge amount of time and resources to resolve all the issues around the enforceability of LFAs, ‘time which could be better allocated to dealing with other matters.’  Lord Gold argues that the best solution would be for the government to clarify the statutory position of LFAs as being separate from regulations governing DBAs, which Gold says is ‘consistent with the long held understanding of the legal market (and with the government’s original policy intent)’. He calls on the government to act swiftly, and states that a legislative fix would ‘restore contractual certainty, avoid unnecessary demands on court time and resources, and avoid disruption in the court system.’
Case Developments Commercial

Chinese Company Funding Four US Intellectual Property Lawsuits

Critics of the litigation finance industry in the US have often focused on the lack of transparency around the origins of this funding, specifically questioning whether foreign actors could use legal funding to undermine US government and business interests. In what can be viewed as a boost to these arguments, a US litigant has revealed that a Chinese company is funding four intellectual property cases. An article from Bloomberg Law provides a detailed overview of the news that Purplevine IP has provided funding for four lawsuits brought by Staton Techiya against Samsung Electronics Co. and Harman International Industries, a Samsung subsidiary.  Daniel Staton, chairman of Staton Capital (the majority owner of Staton Techiya), told reporters that Purplevine was first engaged as a funder through an agent that Staton had contracted to handle negotiations with Samsung.  After the judge in the case removed the agent due to their past working relationship with Samsung, Staton decided to continue the arrangement with Purplevine and “negotiated with them a deal going further.” Staton acknowledged the concerns that some would have over the presence of a foreign funder in the lawsuits, but explained that “once we got into it and dealt with them, they were gentlemen, they were professional, and we have a great working relationship.” Bloomberg Law’s reporting also highlighted the concern that Purplevine’s CEO, Victor Yang, is also employed by TLC Corp., a Chinese electronics company. Responding to the reporter’s inquiries, Mr Yang stated: “Purplevine is a management controlled IP firm. It funded the case out of its own decision, which has nothing to do with TCL.” Joe Matal, founder of Clear IP and former acting director of the USPTO, told Bloomberg that this revelation “is our worst fears confirmed,” and argued that “anything China does is concerning because nothing over there is really independent.” However, the International Legal Finance Association’s executive director, Gary Barnett, argued that opponents of litigation funding like the US Chamber of Commerce weaponize “the current craze around fears of China and the influence of other foreign adversaries,” in their efforts to seek increased regulation of third-party funding.
Consumer Special Features

An LFJ Conversation with Reid Zeising, CEO and Founder, Gain

Reid is the CEO of Gain, the fastest-growing SaaS-based, AI enhanced, medical lien servicing and legal funding company in the United States. He is an industry expert on optimizing the utilization of technology in personal injury cases and in maximizing reimbursements in a challenging environment. Reid has been featured on national and local media outlets throughout his career, including Inc. and Becker’s Hospital Review. He was named the 2022 Ernst and Young Entrepreneur of the year in the Southeast Region, an award given for his entrepreneurial spirit, purpose, growth and impact. Reid is passionate about making a difference by connecting, mentoring, opening doors and leading people.
  1. Why the recent rebrand to Gain? What was the motivation for this change?
The recent rebrand from Cherokee Legal Holdings to Gain was driven by the need for clarity and unification of our various brands under a single, cohesive go-to-market identity. This change aims to unite our entire organization under a shared mission: to facilitate access to quality medical care for individuals who have suffered injuries through no fault of their own, regardless of their financial or insurance situation. In 2011, I founded Cherokee with the aim of offering financial options to personal injury victims awaiting settlement. Over time, that mission has expanded to include innovating and transforming the personal injury space to truly level the playing field for personal injury plaintiffs as they battle big insurance companies. Gain Servicing, a subsidiary of Cherokee Legal Holdings, was established as an AI-enabled platform to do exactly that and to provide Letter of Protection (LOP) servicing and collections to doctors. Our technology simplifies the process for doctors to accept LOPs as payment, allowing them to focus on delivering quality medical care to individuals in need, particularly those who lack health insurance or sufficient savings. In 2022, Gain Servicing accounted for a significant portion of Gain's total revenue, and this is expected to grow even further in the future, highlighting the need for the innovations we are prioritizing. By consolidating all of our capabilities under one unified brand, we now provide comprehensive solutions for every facet of personal injury, with a steadfast focus on the plaintiff at the heart of all of our endeavors. In essence, the rebrand to Gain represents the company's dedication to supporting personal injury victims – by providing resources to access quality medical care, and by making it more accessible to those who would otherwise be limited by financial or insurance challenges. It reflects Gain's mission to create a fairer insurance system and a more equitable healthcare model for all Americans.
  1. Gain is seeking to streamline the medical lien process for healthcare providers. What are the challenges at play here, and how does Gain address those issues?
Treating personal injury patients who may not have the financial means to pay upfront can make it a challenging process for healthcare providers. The main challenges in this context are:
  1. Delayed payment: Healthcare providers often have to wait for an extended period of time to receive payment for their services, which can strain their cash flow.
  2. Administrative complexity: Managing a portfolio of liens and receivables associated with legal cases can be administratively burdensome, diverting resources from patient care.
  3. Collection efforts: Collecting on these liens and receivables can be time-consuming and challenging, leading to potential write-offs.
  4. Risk management: Healthcare providers may also face the risk of not being compensated if the legal case does not result in a settlement or judgment in their favor.
Gain has developed solutions to address these specific lien challenges: Lien Management Services: Our team of experts takes on the responsibility for full revenue cycle management services, including negotiation and collection of medical liens associated with Letters of Protection (LOP). Leveraging data from our AI-enhanced LOP servicing platform and industry experience, we help practices reduce write-offs and enhance collections. On average, our approach yields approximately 900 basis points more than practices that self-manage lien receivables. Medical Billing Partial Advance: We offer healthcare providers the option to receive partial payment at or near the time of treatment for personal injury patients with pending legal cases. By blending a partial advance of future cash flows, combined with additional payments at the time of collection, we increase healthcare providers cash flows while improving reimbursements over selling these liens outright. Bulk Lien Purchase: For healthcare providers with outstanding liens, we offer a bulk purchase program. This allows them to receive cash immediately, eliminating the time and stress associated with managing and collecting lien receivables. Gain is dedicated to simplifying and expediting the medical lien process, empowering healthcare providers to focus on providing quality patient care while ensuring they receive timely and fair compensation for their services. We understand the unique challenges faced by providers in this space, and our solutions are designed to alleviate those challenges and improve their financial stability.
  1. How does Gain's AI technology help attorneys and healthcare providers? Can you give us an example of how Gain's AI can be used for enhanced efficiency or business intelligence?
Gain's AI technology plays a pivotal role in assisting both attorneys and healthcare providers by revolutionizing the management of complex medical claims. Here's how our AI technology enhances efficiency and provides valuable business intelligence: Efficiency Enhancement
  • Imagine a personal injury case where various parties, including attorneys and healthcare providers, need to collaborate seamlessly to ensure the best outcome for the injured patient. Our AI-powered platform streamlines this process. For instance, it offers a patient record center, simplifying the updating and retrieval of information and documents. This feature alone saves valuable administrative time, ensuring that nothing gets missed in the case.
  • Our AI-enhanced dashboard and reporting capabilities provide real-time insights into case status and financials. This means better monitoring, quicker decision-making and enhanced efficiency in managing personal injury cases. The messaging and notifications feature further streamlines communication among all stakeholders involved.
Business Intelligence
  • Our AI technology equips attorneys and healthcare providers with predictive analytics capabilities, which provide invaluable business intelligence. AI-enhanced reports shed light on payor sources, case characteristics, jurisdictions, third-party liability carriers, financial outcomes and other vital decision-making factors.
  • For instance, attorneys and healthcare providers can gain insights into case volumes, treatment costs, reimbursement rates, duration and more. They can drill down to obtain detailed information on cases, attorneys, healthcare providers or individual patients. Moreover, Gain's database of similar cases helps in understanding standard treatment costs, reductions and reimbursement rates. All of this information empowers those providing services to personal injury plaintiffs to make better decisions and optimize their approach to specific cases.
Collaboration and Communication
  • Effective collaboration and communication are vital in personal injury cases. Gain's secure document storage and messaging system make it incredibly easy to share important documents and updates related to cases securely. This not only saves administrative time but also ensures that critical information is readily accessible.
  • Real-time notifications and status updates keep medical and legal teams in sync as cases progress, enabling them to take timely actions and prioritize tasks efficiently.
Gain's AI technology is a powerful platform that brings attorneys and healthcare providers together, simplifying the management of personal injury cases. It enhances efficiency by providing tools for streamlined collaboration, offers valuable business intelligence for informed decision-making, and ensures that all stakeholders are well-informed throughout the process. We're proud to be recognized for our commitment to innovation and our mission to provide access to care and financial solutions to those in need.
  1. How is Gain pursuing fairness and equity in the Consumer Legal Finance and Medical Lien spaces?
Gain is committed to pursuing fairness and equity in the Consumer Legal Finance and Medical Lien spaces by addressing the challenges faced by both personal injury plaintiffs and healthcare providers. Our goal is to create a more balanced and efficient system for all stakeholders involved.
  • Supporting personal injury plaintiffs – and those who support them: For personal injury plaintiffs who lack the financial means to pay for essential bills and necessary medical treatment, navigating the insurance system can be incredibly challenging. This is where Gain steps in to offer assistance. We specialize in managing Letters of Protection (LOP), collections and funding, providing the support needed to ensure plaintiffs receive the care they deserve. Our AI-enhanced platform simplifies the handling of LOP agreements, personal injury receivables and medical liens. It facilitates better communication between personal injury attorneys and healthcare providers, streamlining document sharing, case updates and financial transactions. Through the platform, we also compare reimbursement amounts to thousands of similar lawsuits, ensuring fair payment for services provided.
  • Enhancing efficiency with AI: Our AI technology plays a crucial role in achieving fairness and healthcare equity. It empowers healthcare providers and attorneys with predictive analytics capabilities, providing valuable business intelligence. Attorneys and healthcare providers can access AI-enhanced reports that offer insights into payor sources, case characteristics, jurisdictions, third-party liability carriers, financial outcomes, duration and more. This data equips professionals with the information they need to make informed decisions, ultimately leading to better patient care and fairer financial outcomes.
  • Fighting back with a wholistic team approach – Managed Services: Gain's Managed Services team is dedicated to managing personal injury receivables and medical liens. They work closely with healthcare providers to monitor progress, follow up on key items and ensure that cases are advancing toward settlement. This partnership helps push back on reductions, reduce write-offs and increase collection amounts. Leveraging our third-party status also helps minimize the risk of being targeted in legal proceedings.
Gain is fiercely committed to creating a fairer and more equitable system in the Consumer Legal Finance and Medical Lien spaces. Our suite of services, including our AI technology, managed services and funding solutions, coupled with our commitment to transparency and efficiency all contribute to this mission. We believe that everyone deserves access to quality care and fair financial outcomes, and we are actively working to make this a reality in the personal injury space.
  1. Gain is leaning into AI and Legal Technology heavily. What has the response been from claimants, attorneys and healthcare providers? Do you plan to continue making investments in Legal Tech initiatives going forward?
The response to Gain's heavy investment in AI and legal technology has been incredibly positive from claimants, attorneys and healthcare providers. Our innovative approach to managing complex medical claims through advanced AI solutions has garnered recognition and appreciation within the legal and healthcare industries. Just within the last few months, our AI platform has been recognized by the Technology Association of Georgia as a most innovative company of 2023 and by the Software & Information Industry Association as a Best Healthcare Technology Solution. This recognition further validates our dedication to helping injured patients by revolutionizing the management of medical claims. Attorneys have found tremendous value in our AI platform, which accurately assesses case values and informs them of available funds for reimbursements. This empowers attorneys to collaborate more effectively with healthcare providers, resulting in higher reimbursements and improved outcomes for their clients. Our technology has also been welcomed by healthcare providers. Gain's platform streamlines the process of accepting LOPs as a form of payment, allowing providers to focus on delivering superior clinical outcomes and ensuring access to high-quality medical care for everyone, regardless of their payor source. This has made a significant difference in the efficiency of their practices and their ability to provide care to those in need. As for our future plans, we are fully committed to continuing our investments in legal tech initiatives. We believe that technology is the key to driving meaningful change in the legal and healthcare sectors. Our goal is to further enhance and evolve our technology, making it even more efficient and effective in serving the needs of claimants, attorneys and healthcare providers. We are dedicated to advancing our mission and ensuring that everyone receives the care and support they deserve.
Announcements Commercial Fundraising

Apex Litigation Finance secures £20m funding agreement with Crestline Investors Inc

Just over four years since its launch, Apex Litigation Finance, a UK-based company providing litigation funding solutions, is thrilled to report that they have secured £20million funding from Crestline Investors Inc, an established provider of alternative investment solutions to support its growth and provide access to justice to more UK Claimants. With their concentration on investing in small to mid-sized commercial claims in the UK, Apex is dedicated to assisting claimants in accessing justice where they either lack the funds to proceed or are concerned about the financial risk of an unsuccessful lawsuit. With the number of applications for litigation funding rising and the solutions provided by litigation funding becoming widely accepted, Apex is rapidly becoming the litigation funder of choice, for companies, insolvency practitioners and individuals with small/midsize commercial claims. As part of their growth strategy, Apex has now embarked on a swift expansion that involves recruiting additional team members. Maintaining their flexible approach to recruitment, the company is highly focused on finding suitable candidates. The company is eager to connect with people who have a strong enthusiasm for its growth and ambitions, regardless of whether they are familiar with litigation funding, ATE, business development or have an extensive legal background. Speaking about the relationship with Crestline, CEO Maurice Power says: “I am thrilled to announce the funding facility with Crestline, which allows us to further establish Apex’s position as the litigation funder of choice for claimants with small/mid-size commercial claims in the UK. The Crestline facility will enable Apex to provide funding solutions, and access to justice, to claimants with meritorious matters that are deemed too small for other litigation funders.” Michael Guy, CIO Europe from Crestline Investors added “We are very supportive of “access to justice” agenda for less well funded claimants which is at the heart of Apex’s solutions and delighted to support Apex through its ramp-up and growth phase. Prospective applicants wishing to apply for a role are invited to contact Apex and send their most up-to-date C.V. and explain why they would be a great fit. enquiries@apexlitigationfinance.com. Crestline were advised by Emissary Partners and Reed Smith and Apex by KingsRock Namier Limited, a specialist advisor in the Litigation Finance sector. Apex Litigation Finance Limited Apex Litigation Finance Limited is a company which brings together experienced individuals from the litigation funding, legal and finance sectors to provide third party litigation funding to litigants (corporates, liquidators, and individuals) who are unable to pursue a claim due to the prohibitive cost of litigation. Although the litigant’s case may have merits, uncertainty over the total costs and the potential risk of being ordered to pay the defendant’s costs, should they lose the case, prohibits access to justice for many claimants. Following an assessment of the merits of the litigant’s case, Apex will commit funds to pay legal and other costs associated with the case in return for an agreed share of any award upon a successful conclusion. If there is no recovery, or if the case is lost, there is no debt for the litigant to repay. Email: enquiries@apexlitigationfinance.com Phone: 0208 012 7944 Website: www.apexlitigationfinance.com Crestline Investors Inc. Crestline Investors, Inc., founded in 1997, is a global institutional alternative investment management firm with approximately $17 billion in assets under management. Crestline is headquartered in Fort Worth, Texas, and maintains affiliate offices in New York, London, Toronto and Tokyo. The firm’s London-based affiliate Crestline Europe, LLP specializes in private capital investments in lower mid-market and mid-market companies, and asset platforms in developed markets of Western Europe, focusing on resilient industry sectors and asset backed investments. In respect of this investment please contact.