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An LFJ Conversation with Geoffrey White, General Counsel and Chief IP Counsel, SilcoTek

An LFJ Conversation with Geoffrey White, General Counsel and Chief IP Counsel, SilcoTek

Geoffrey White is General Counsel, Chief IP Counsel, and on the Board of Directors at SilcoTek, a high-tech materials science manufacturing company in the United States. At SilcoTek, Geoffrey balances his role as an attorney, an IP strategist, and a manufacturing executive. He also separately launched Innovative Product (IP) Manufacturing to help commercialize and monetize more innovative ideas (see www.IP-mfg.com).

Geoffrey has a true passion for value-enhancement, applying his experience and education, including a Cambridge MBA, a George Washington IP-LLM, a Widener JD, and a Chemistry BS from the University of Pittsburgh. He is collaborating with Cambridge’s Institute for Manufacturing, Innovation and Intellectual Property Management on patent strategy research, volunteers for the Penn State Start-Up Leadership Network on several Boards of Advisors, and is always open to discussing the intersection of law (especially patent law) and corporate strategy.

SilcoTek provides game-changing coating service to solve challenges for some of the largest global organizations in the world, especially in semiconductor, analytical instrumentation, life science, and energy industries. Properties include inertness, corrosion resistance, metal-ion containment, and more (see www.SilcoTek.com). SilcoTek has coated parts that have been sent throughout the world, into the Earth, to space, to Mars, to an asteroid, and to places unknown. Below is our LFJ Conversation with Geoffrey White: I understand you are participating in a litigation funding agreement as General Counsel and Board Member of a manufacturing company. What was your selection process like in terms of the litigation funder you opted to partner with? What were you looking for in an agreement, how many funders did you speak to, and what did that funder offer that others did not?

Just a few years ago, we at SilcoTek were totally unaware of the growing litigation finance community. I attended an intellectual property conference in New York and heard Sarah Tsou of Omni Bridgeway describe how it works. She discussed the waterfall in many agreements, their initial terms sheet, the due diligence that follows, and how it is an investment with aligned interests. After that, I started reaching out to several funders, including Sarah.

I settled on three funders to consider more closely. They were generally selected due to responsiveness and clarity. Being new to the litigation finance world, I was not looking for any specific terms in the agreement. I wanted to provide our Board with options. Overall, the proposals between funders were similar. One funder proposed a substantial monetization payment, which I personally liked. However, our Board liked the clarity of interactions with individuals from Omni Bridgeway, which is who ultimately funded us. They also liked the patent litigation experience of the team at Omni Bridgeway.

From an SME’s perspective, what advantages does litigation finance bring, beyond the obvious funding of meritorious claims? 

Personally, I think that the litigation finance industry is of huge value to SMEs and anyone else who has enforceable rights. Hopefully the Small Business Administration (SBA) embraces it!

The industry should help strengthen the value of rights owned by SMEs. For example, contractual rights are more meaningful and valuable if enforcement is not linked to whether a company has cash to support litigation. I think the biggest help, however, relates to patent enforcement, which becomes attainable for more patent owners.

SilcoTek’s primary reason for obtaining litigation financing was that we felt it would prevent waste. Being an SME and enforcing patent rights against a multi-billion dollar company creates an imbalance and a risk that the other side could try to bleed you dry, even if you are in a position to fund litigation. We felt that public awareness of us receiving litigation financing would reduce that risk created by the imbalance.

When choosing a litigation funder, what concerns you the most?  What are the ‘red flags’ you look for when it comes to selecting the appropriate funding partner? 

SilcoTek is interested in obtaining a reasonable outcome, whether it be through settlement or going all the way through litigation. Personally, I was concerned that litigation financing was similar to the contingency-based injury-lawyer model, and that is not something that was consistent with our core values. After I understood that it is an investment for a future return, I became more comfortable that it would align with our core values and support our desired outcome.

If there are funders that have the contingency-based injury-lawyer model, that would be a red flag to me; however, all of the funders I communicated with seemed much more sophisticated and seemed like investors.

How can litigation finance help encourage innovation in the SME space and beyond? 

Litigation finance can help encourage innovation through its impact on patent rights. It is well-established that patent systems foster innovation, especially the corresponding disclosure of ideas and the increase in access to investment for companies. Patent rights, however, are expensive to enforce.

Without access to litigation finance, some companies will not be able to assert their rights, thereby reducing the value of the patents and ultimately the companies. Without awareness of litigation finance opportunities, some companies will choose to use trade secret law to protect ideas instead of patents, which reduces innovation and technological progress overall (and has a negative economic impact based upon principles from the Solow-Swan economic model showing how GDP is driven by technological progress).

Long-term, providing litigation finance for patent enforcement should increase valuations. This is especially true with techniques based upon relief from royalty calculations, as royalties should be more likely with easier access to funding. Such effects should further drive innovation and technological progress by making such firms more appealing for investment in the future. Ultimately, litigation finance will drive global growth of GDP by driving technological progress.

What are your predictions for how litigation finance will evolve over the coming years? 

I think litigation finance will have clearer delineation between stages similar to other investments. It seems that many or all stages are represented right now, albeit without it being easy for outsiders to identify them. More focus will be on early investment with the ability to capture option rights for future investment. Later-stage investment arrangements may also grow. Of course, such changes are going to require adjustments to the expectations of investors and the duration they can expect for returns, but the overall returns could be much higher and the risk could be much lower due to concepts like portfolio theory and real options.

Here is a patent-specific, technology-agnostic effort I began with Innovative Product (IP) Manufacturing, separate from my role at SilcoTek:

  • Seed Stage: to support patent drafting and innovation protection before any patent filings.
  • Angel Stage: to enhance patent protection while generating early revenue from operations.
  • Venture Stage: to enforce issued patents (this seems to be the focus of funders now).
  • Mezzanine and Bridge Loans: to drive standards or to establish new standards.
  • IPO: to fund sector-specific innovation deployment based upon robust patent portfolios.

Although the Innovative Product (IP) Manufacturing effort is merely at the Seed Stage leading into the Angel Stage, existing interest from funders suggests to me that the litigation finance industry will evolve into more robust support of such efforts. Efforts beyond the Venture Stage may not be necessary in many situations, but broader and bigger opportunities could be anchored by such early-stage rights and the litigation finance industry.

I am sure other similar efforts outside of the patent sector will evolve over the coming years, but the opportunity for fascinating growth within litigation finance is clear to me.

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An LFJ Conversation with Logan Alters, Co-Founder & Head of Growth at ClaimAngel

By John Freund |

Logan Alters is the Co-Founder and Head of Growth at ClaimAngel, the nation's first transparent legal-funding marketplace. He built the company from a concept into a nationwide platform trusted by 500+ law firms, 25+ funders, and 20,000+ fundings at $100M+ in volume, all at one standardized rate. Before ClaimAngel, Logan worked across MedTech, consumer products, and venture capital. He earned his degree from UC Berkeley Haas School of Business in three years while competing as a Division I point guard.

Below is our LFJ Conversation with Logan Alters:

ClaimAngel positions itself as a transparency-first platform at a time when plaintiff funding is facing heightened scrutiny from regulators and bar associations. How do you see ethics, disclosure, and alignment with ABA and state rules reshaping the future of the industry, and what specific standards is ClaimAngel trying to institutionalize?

We started ClaimAngel because we saw a gap that nobody was closing. Plaintiffs have access to a new asset, their case, but the industry built to serve them wasn't working. There are more than a thousand funding companies in the U.S., each setting its own rates, contracts, and processes. That fragmentation created an environment where anything goes. Rates compounded in ways clients couldn't understand until settlement. Fees got buried in contracts. Law firms experienced the frustration firsthand or heard the stories and decided not to recommend funding at all. The whole system defaulted to relationships over results: who you knew mattered more than what you offered. Funders competed for access instead of competing on terms. That model doesn't scale, and it doesn't serve plaintiffs.

That's the problem we set out to solve. Not by becoming funder #1,001, but by building marketplace infrastructure. In 2023, we pitched Morgan & Morgan's executives on a different future. A marketplace, not a funding company. One rate, one process, one outcome for every client. They didn't think it could be done, but they believed in the mission. John Morgan recently called ClaimAngel the Charles Schwab of client funding. The comparison resonated with us because it captures exactly what we're building. Schwab didn't invent investing. He standardized it. He made access equal and fees transparent. Before Schwab, Wall Street rewarded insiders. After Schwab, everyone got the same deal. Plaintiff funding is at that same inflection point.

We've now processed more than $100 million in volume across more than 20,000 fundings. Every contract includes plain-English rate disclosures. Every case shows plaintiffs what they'll owe at settlement before they sign and at any time in their portal. That's the standard: no surprises, no fine print. That's not a pilot. That's proof the model works.

We're not a funder. We're the infrastructure that makes funding predictable, transparent, and aligned with what plaintiffs and law firms actually need. When every client gets the same terms, and every contract looks the same, there's nothing to hide from regulators or bar associations. Standardization is the compliance solution.

The industry has operated like the wild west for too long. Regulators are stepping in. Bar associations are paying attention. Law firms are already choosing partners based on compliance and transparency, not relationships. That's the shift. More than 500 firms have at least one client funded through ClaimAngel. The next chapter will be defined by who builds the standard, not who has the best relationships. That's what we're here to do.

You describe plaintiff funding as being at a pivotal moment where opaque, high-rate transactions are giving way to marketplace models. What pressures or structural changes are driving that shift, and why is standardization becoming a competitive advantage?

The old model is breaking down. Not because anyone decided it should, because the market moved.

Law firms are shifting their focus toward efficiency and growth, minimizing anything that creates friction. They want funding that helps them maximize case value, not funding that eats into their fees at settlement. A firm managing thousands of cases can't afford the chaos of tracking liens with unpredictable compounding rates that make settlements harder to close. They want one process that works every time.

This is especially true for smaller firms. A solo practitioner or ten-person shop just wants to practice law. They don't want funding to become another thing they have to manage. Standardization means funding works as a tool in the background, not an encroachment on how they run their practice.

People are more financially aware than they were ten years ago. They understand interest. They ask about caps. They compare terms. The days of burying fees in contracts and hoping no one notices are over. When clients ask questions, firms need answers they can stand behind.

On the other side of the table, insurance carriers are already ahead. They use data to model case values, they identify plaintiffs under financial pressure, and they extend timelines knowing desperate clients will settle for less. Their algorithms win. When a plaintiff can't afford to wait, the carrier knows it, and the offer reflects that weakness. As funding becomes more widespread and predictable, carriers will have to adjust. Plaintiffs who can afford to be patient change the calculus entirely. That's the power of standardized funding.

Capital markets are moving too. Litigation finance is maturing into a real asset class, and institutional money is looking for places to deploy. But capital doesn't flow into fragmentation. A thousand funders with a thousand different rate structures and contract terms isn't investable infrastructure. Standardization is what unlocks scale. It's what allows the industry to grow from a few billion dollars to tens of billions deployed annually.

These forces aren't pushing toward a slightly better version of the old model. They're pushing toward new infrastructure. The companies that figure this out early will define the next era of plaintiff funding.

Your Rule of One framework aims for one rate, one process, one outcome. Why pursue a true standard instead of a traditional pricing strategy, and how do you respond to funders who argue flexibility is necessary for risk management?

One rate. One process. One outcome. That's not a tagline. It's the entire model.

A client knows exactly what they will owe. A law firm knows what a lien looks like at any point. No surprises. No shifting rates. No complicated projections. Simplicity isn't a marketing angle. It's a consumer protection tool and an operational stability tool for firms of any size.

The old model worked differently. Every funder created its own rate structure, contract terms, and interpretation of risk. Most clients don't understand why a four percent monthly compounding rate leads to a 6x repayment in 24 months. That complexity benefits only the insiders who understand it.

Bob Simon at Simon Law Group put it simply: lawyers have an ethical duty to do what's best for their clients. If a client needs access to capital to care for themselves or loved ones, you should help them find the lowest interest rate. That's not optional. It's the job.

The consequences of getting it wrong are real. Firms inherit cases all the time where the previous attorney used funding with poor terms, and by the time the case settles, the client's net is so low the case can't even settle. It leads to law firm fee reductions or the client drops the firm or it goes to trial. That's not what plaintiff funding is supposed to do.

Funders often defend rate flexibility as risk management. But pricing in plaintiff funding didn't evolve from risk. It evolved from fragmentation. With no shared standard, companies layered compounding, step-ups, duration triggers, underwriting fees, broker fees that can reach twenty percent, and buyout fees. None of this reflects actual case risk. It reflects legacy complexity built in isolation.

That complexity helped keep plaintiff funding adoption stuck at four to six percent of the total potential market. Rates rose so high that funding became a last resort. Yet more than ninety-seven percent of personal injury cases settle or win. When an asset class has a loss profile comparable to credit card defaults, extreme pricing is hard to defend. Real risk management comes from disciplined underwriting, transparency, and fair pricing, not stacking fees to justify high rates.

Standardization isn't a constraint. It's the path to mass adoption. The Rule of One isn't a theory. It's 20,000+ fundings across 500+ firms. That's proof at scale.

You’ve set a standardized rate of 27.8 percent simple annually with a 2x cap. What was the economic thinking behind those parameters, and how does this model align incentives across plaintiffs, law firms, and funders?

We didn't start by asking what rate we could charge. We started by asking who we're actually competing with.

Ninety-five percent of plaintiffs don't use plaintiff funding. When someone is injured, out of work, and waiting on a claim, they reach for credit cards and personal loans. That's the market we're converting.

The problem is that consumer credit wasn't built for a plaintiff's reality. It prices the borrower, not the case. It assumes steady income and monthly payments. A plaintiff has access to a new asset, their case, but a credit card can't tap into that. The pressure spills onto law firms and ultimately the settlement.

So we worked backward from that reality. If we want to convert plaintiffs away from credit cards, we need to beat credit card economics for someone who can't work, can't make monthly payments, and doesn't know when their case will settle. That's how we arrived at 27.8 percent simple rate with a 2x cap.

Here's what that looks like in practice. A plaintiff who takes $5,000 and settles in 18 months owes around $7,400 with all fees. With a typical compounding product with a slew of origination and servicing fees, that same funding could easily exceed $15,000. That difference is the gap between a client who walks away whole and a client who resents their attorney.

For funders, the math works if they're willing to evolve. The old model delivered returns that would make a hedge fund blush, but in just a small percentage of cases. Our model delivers lower per-case returns but at scale, with fast capital deployment, consistent servicing, and a loss rate in the single digits, comparable to credit card defaults. The key is predictability. Our 27.8% annual rate (no compounding ever) works out to 6.95% every three months until settlement or the 2x cap. The 2x cap means a plaintiff who takes $5,000 will never owe more than $10,000, and that cap doesn't hit until 46 months. Most "2x caps" in the industry hit at one, two, or three years. Ours gives plaintiffs nearly four years.

That rate is only sustainable because our marketplace collapsed the cost structure. Traditional models relied on sales teams, manual deployment, and relationship-driven acquisition. That overhead required high rates. Our marketplace removes most of that friction. No sales cycle, no manual underwriting queues, standardized processes across every case. Efficiency and market competition make a lower rate viable. Insurance carriers already use data to identify weak and desperate plaintiffs. Our marketplace gives funders the same advantage. We standardized underwriting with quality case data (injury details, liability, policy limits, case docs, and more), so funders make calculated decisions in minutes instead of reputation-based approvals. Lower costs and disciplined underwriting mean we can sustain 27.8% at scale. It's a different business. It requires funders who see where the industry is going and law firms that recognize their clients deserve better. We've built the infrastructure to make that easy.

The legacy model asked: how much can we charge? We asked: how do we convert the ninety-five percent? One question builds an industry. The other protects a margin.

You’ve argued that plaintiff funding is best understood as a tool that converts time into negotiating power. How does ClaimAngel’s marketplace help plaintiffs stay in the fight longer and capture more of their claim’s true value?

How many situations in life can you actually buy time? That's what plaintiff funding is. Not debt. Not a loan. Time. And when you have a legal case, time is power.

When someone is injured and out of work, time is the one thing they don't have. Bills pile up. Pressure builds. Insurance carriers know this and wait. The longer a plaintiff can't afford to hold out, the lower the offer. That's not negotiation. That's leverage working against the people who need it most.

Funding flips that dynamic. A plaintiff who can pay rent and cover medical bills while their case develops is a plaintiff who can wait for the right offer. That's why they hired their attorney in the first place: to fight for the true value of their claim, not to take the first check that shows up.

When plaintiffs have time, law firms can do the work they were hired to do. Gather full medicals. Wait for maximum recovery. Push back on lowball offers. The cases that settle for $40,000 under pressure become six-figure results when the client isn't calling every day saying they need the money now. One client told us she was three days from losing her apartment when she got funded. Eighteen months later, her case settled for six figures. That's what time buys. Firms get more revenue with less pressure to settle early. Clients walk away with what they deserve from the start.

But here's the problem with traditional funding: time is power until settlement day, when it turns into kryptonite. A plaintiff who borrowed $5,000 at compounding rates suddenly owes $15,000+. The attorney's fee gets reduced. The client's net recovery shrinks. Everyone fought for two years to maximize the settlement, and the funding lien swallows the value. That's not time as power. That's time as extraction. Our model solves this. At 27.8% simple with a 2x cap, that same $5,000 costs $7,400, not $15,000. The client and attorney walk away with what they earned. Time stays power, even at settlement.

That's what ClaimAngel's marketplace delivers. In traditional funding, a plaintiff applies to one funder, waits for approval, and might get rejected. Then they start over. Our marketplace removes that friction. Multiple funders see the case simultaneously. Standardized terms mean no negotiation. A plaintiff who applies Monday can have funding by Wednesday. When you're three days from losing your apartment, that speed is the difference between staying in the fight and taking whatever offer is on the table.

The industry maximized what plaintiffs owe. We maximize what plaintiffs keep.

LFJ Conversation

An LFJ Conversation with Ian Garrard, Managing Director of Innsworth Advisors

By John Freund |

Ian Garrard is the managing director of Innsworth Advisors Limited, the advisor and manager to the funds that provide third party litigation funding for high value claims in the UK, EU and US.

Claims under management include high profile and groundbreaking claims in the UK’s Competition Appeal Tribunal against Meta and Amazon, claims in the Netherlands against Oracle and Salesforce, as well as claims against VW in Germany and Apple in the US.  Before moving into litigation funding, Ian was a lawyer in private practice (on financing, restructuring and litigation matters) as well as a founder of specialist law firms and an advisor to major oil & gas interests on exploration and production assets.

Below is our LFJ Conversation with Ian Garrard:

The claim against Rightmove alleges that the portal charged estate-agents “excessive and unfair” listing fees, and that the action will proceed on an opt-out basis for thousands of agencies. What specifically attracted Innsworth to fund this case, and how does it fit with your overall litigation-funding strategy? 

Your readers will appreciate that we can’t say too much at this early stage, but on our evaluation it is a strong case on its merits, with a considerable amount of harm caused to the proposed class of businesses. Jeremy Newman, the proposed class representative and a former CMA panel member has an excellent team supporting him, led by lawyers from Scott+Scott UK LLP. Innsworth is a committed funder of opt out collective actions in the Competition Appeal Tribunal and this case fits squarely within our focus. More information on the claim is available at rightmovefeesclaim.com.

More generally, this is an exciting time for us. We are funding three other opt out claims in the CAT and we have just announced a claim on behalf of Uber drivers in the UK and Europe, which alleges that Uber has unlawfully used automated decision-making, including profiling, in its pricing systems to dynamically set driver pay by algorithm and reduce their take-home pay. If the claim doesn’t settle in the pre-action phase then the intention is to issue collective proceedings before the Amsterdam District Court in the Netherlands. We also have lots of promising cases in our pipeline at the moment, working in collaboration with a range of London and EU based law firms.

Opt-out class actions in the UK’s competition-law space have historically faced procedural and payout-challenges. How is the funding arrangement structured in this Rightmove claim to align incentives across Innsworth, the claimants, and their legal counsel? 

There has been much said and written about the challenges the UK’s opt out regime is working through - including the need to balance reasonable certainty as to the level of returns a funder will derive and the desire to ensure that the regime delivers for the benefit of the class. The benefit of any recovery by the class comes at a cost - as in any commercial context – and the CAT to its credit recognises the importance of third party funding to the functioning of the opt-out regime. Recognising this and the interests of the class, the funding is structured in a way that seeks to align those interests.

From a business model perspective, Rightmove commands a dominant share of UK property-portal traffic and listings (reportedly over 80%). How do you assess the strength of the antitrust and competition arguments in the claim, and how does Innsworth evaluate the potential for a precedent-setting outcome if the tribunal rules favourably? 

The Rightmove fees claim announcement follows a series of English unfair pricing judgments which have gone a long way to clarify how an English court or tribunal will approach these kinds of cases. Rightmove uses its high market share as a marketing tool and has achieved sky-high margins over many years, achieved through regularly increasing its prices.  Many agents feel they have no choice but to be on Rightmove and Rightmove knows that. Commentary from industry figures following the announcement of the claim has highlighted how strongly many class members feel about Rightmove’s pricing.

Litigation funding in large scale opt-out claims is increasingly visible to institutional investors. How does Innsworth view its role as a funder in terms of transparency, reputation-risk management, and alignment with claimant-interests?   

We take our role as a stakeholder in the UK (and global) litigation funding community very seriously and we are confident in the value that our funding provides. The service we provide, of non-recourse funding, protects claimants against the costs of litigation.

If our funding unlocks redress for a class, that is a recovery for those harmed that would not otherwise have been achieved, so there is therefore a synergy between the interests of a funder and a class harmed by breach of competition law.  Innsworth is transparent about its funding and terms of funding in the Competition Appeal Tribunal.

We do think there is a debate to be had about whether defendants should have access to financial information on e.g. a claim budget and funder commission. We think it’s fair that a defendant should be satisfied that a litigation funder can meet any adverse costs order made against it in an opt out claim (as England and Wales is a ‘loser pays’ jurisdiction). But currently defendants to these claims will scrutinise claim budgets and funding agreements in detail and use this to make opportunistic arguments, while claimants typically have no visibility on defendant budgets and funding. It’s an example of the information asymmetries which exist when seeking to hold dominant companies to account.

What is your take on the litigation funding market for opt out claims in England and Wales at the moment? 

We’ve seen a real slowdown in the number of claims being filed in the last year or so. A lot of this is due to uncertainty as to the level of return that the Competition Appeal Tribunal will permit a funder to receive, even if this has been freely agreed between a class representative and funder. Of course, the effect of PACCAR has made funding more challenging in England and Wales generally.

That said, Dr Kent’s recent success in her claim against Apple highlights the potential of the regime to hold dominant companies to account and to deliver meaningful redress to class members. The judgment is timely as the UK government is currently considering making reforms to the opt out regime in the face of a concerted lobbying effort from big business groups. We think the opt out regime is starting to deliver on its objective of improving competitiveness in the UK economy, so making any wholesale changes now would be counterproductive, but the prospect of reforms is adding to the uncertainty facing the regime.

LFJ Conversation

How Nera Capital Reached $150M in Investor Returns

By John Freund |
Aisling Byrne is a Director at Nera Capital, a leading litigation funder with a global footprint, where she plays a central role in driving the firm’s growth and strategic initiatives. With extensive experience in litigation funding and investor relations, Aisling focuses on building strong partnerships with law firms, funders, and stakeholders while overseeing the operational efficiency of the firm. Her leadership combines a pragmatic, solutions-driven approach with a deep understanding of both consumer and commercial claims.
Below is our LFJ Conversation with Aisling Byrne:
Nera recently passed $100 million in investor repayments, citing a “data-driven approach to case selection and risk management” as a key factor. What specific data-centric approaches have contributed the most impact?
At Nera, we see data not as a supporting tool but as the backbone of our decision-making. Our proprietary models assess thousands of variables across historical case outcomes, jurisdictional nuances, law firm performance metrics, and even the efficiency of courts. By feeding this data into predictive analytics, we can more accurately model recovery timelines and probabilities. What’s been most impactful is combining quantitative scoring with qualitative oversight—data helps us remove emotional bias, while our team of experienced professionals ensures the analysis is grounded in real-world legal and enforcement dynamics. That dual approach has allowed us to deliver consistent investor repayments while scaling responsibly.
Nera has now reached $150m in investor returns.

You secured a £20 million funding line from Fintex Capital, bolstering Nera’s ability to support consumer claims and expand funding sources. How do such funding lines influence your ability to take on riskier or less predictable claims, including those where pre-judgment attachment might play a role in enforcement?
Regardless of how many new funding lines we secure, it doesn’t mean our approach changes. In the consumer division, our strategy of supporting proven, legal precedent set claim types and claim selection criteria remains exactly the same—and that high bar has been fundamental to our success and our ability to deliver substantial repayments to investors. The additional capital simply allows us to scale what we already do well, without diluting our standards.
For investors with a different criteria, the commercial division may be better suited. Those cases can sometimes have less predictable timelines, but also offer higher potential returns. In this way, we can align capital sources and timelines with the most appropriate claim types, ensuring consistency in performance while broadening the opportunities we can pursue.

Many financialized legal claims carry the potential for post-judgment or post-award interest and/or enforcement costs. Could you speak to how Nera evaluates the enforceability of judgments, including the likelihood of successful asset attachments (domestic or abroad), in structuring returns for investors?
Enforceability is as important as the merits of the case itself. A favourable judgment is meaningless without a realistic pathway to recovery. At Nera, we always seek to avoid claims where enforceability is in doubt. Before committing, we carry out a comprehensive enforceability assessment, which includes mapping the defendant’s asset profile, reviewing local enforcement regimes, and stress-testing recovery prospects. This rigorous upfront analysis is a cornerstone of our underwriting approach, and in our 15 years of business, we have not experienced enforcement issues—a strong validation of the discipline and prudence built into our process.

Given that litigation finance is often argued to be an “uncorrelated asset class,” how does Nera balance its portfolio of consumer mass claims, commercial disputes, and potential cross-border enforcement matters to provide both stability and high upside for investors?
Diversification is central to our portfolio construction. Consumer claims tend to generate steady, repeatable outcomes that provide stability and heavy settlement cash flows. Commercial disputes, on the other hand, carry larger ticket sizes and higher upside, but sometimes involve greater complexity and longer timelines.
When it comes to cross-border enforcement matters, we take a very cautious stance. We look to avoid supporting claims where enforceability could present difficulties and always conduct an upfront enforcement assessment. By working with leading lawyers and advisers in each jurisdiction, we ensure risks are fully evaluated and mitigated before committing capital.
Because these different claim types are not only uncorrelated with traditional markets but also with one another—thanks to variations in claim structure, jurisdiction, and duration—we can actively balance short-term liquidity against long-term growth. This layered approach allows us to deliver both stability and meaningful upside, while staying true to the uncorrelated nature of litigation finance.
 

As Nera has expanded into the Netherlands and joined the European Litigation Funders Association (ELFA), what regulatory, ethical, or procedural hurdles have you confronted? How do these shape your funding models?
Europe presents both opportunities and challenges. In the Netherlands, collective redress mechanisms are still evolving, and with that comes heightened regulatory and judicial scrutiny. By joining ELFA, we’ve committed to the highest standards of transparency, governance, and ethical practice, which we see not as a constraint but as a competitive advantage.
One hurdle has been adapting our funding structures to meet jurisdiction-specific requirements, such as disclosure obligations and court oversight of funder involvement. These challenges have made us more deliberate in how we design our funding contracts and financial models, ensuring they are robust, compliant, and aligned with the long-term sustainability of the sector. Ultimately, we welcome this direction—it elevates the industry and builds trust with investors, law firms, and claimants alike.