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Ask the Experts: What to Do When Deals Go Wrong

Ask the Experts: What to Do When Deals Go Wrong

In the final panel of the conference, Michael Kelley, Partner at Parker Poe, moderated a discussion on lessons that can be learned from past deal issues. Panelists included Chip Hodgkins, Managing Director of Statera Capital, Tracey Thomas, CEO of IP Zone, and Erika Levin, Partner at Fox Rothschild. This panel highlighted several stressors and break points that occur in funding relationships and transactions. One issue that often comes up is that communication problems arise. For example, there can be reporting requirements that firms forget to bring up at the start of a relationship. It’s often difficult to communicate all of the various burdensome filing requirements. Another issue that can arise is economic inefficiency. Sometimes an inversion occurs, where a lack of attention to the budget arises, or a secondary counsel comes in and there’s an issue there. These things can cause obvious problems, given that lawyers just aren’t that great at budgeting, according to the panel’s perspective. The panel recommends transparency, and addressing issues instead of burying them, which is often the temptation. For example, on budgetary issues, often counter-parties might not even be aware of where they are in the budget, so a lot of times avoiding problems just comes down to sharing information before a dislocation occurs. Another interesting point: sometimes the relationship between law firm and funder becomes too cozy, and it’s no longer aligned with the client’s best interests. Tracey Thomas of IP Zone pointed out that in such situations, they’ve had to terminate the relationship, and they’ve found that termination is in their best interests in such circumstances. On case management, sometimes funders can try to take control of the budgetary decisions of the case. One example that was brought up was when a funder told a client to ‘shut up and dribble,’ and follow their lawyer’s advice on where to spend money. While that may have been in the best short-term interests of the case, it fractured the relationship. Not to mention the fact that it was borderline unethical. At the end of the day, the relationship between a lawyer and client should be sacrosanct. Once funding enters the relationship, things can get murky, and this can present ethical considerations that are very problematic. So this will be an ongoing source of contention as the litigation funding industry continues to mature.

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Woodville Collapse Deepens as Administrators Probe £249M in Loans and Misapplied Investor Funds

The administration of Woodville Consultants, the litigation funder that helped bankroll the wave of UK motor-finance claims, is proving more consequential than its modest headcount suggested, with administrators now examining hundreds of millions of pounds in outstanding loans and the possible misapplication of investor funds.

As reported by Legal Futures, Woodville had funded more than 300,000 claims since 2019 and carried some £249 million in outstanding loans at the point of collapse — figures that stand in stark contrast to its staff of roughly 10. As many as six law firms are understood to be affected.

The funder's model required fixed quarterly returns and fixed repayment dates without reference to actual case recoveries, an arrangement fundamentally misaligned with the uncertain timelines of litigation. That mismatch became untenable once the Financial Conduct Authority's motor-finance redress scheme was suspended, leaving the underlying claims effectively on hold and cutting off the repayments Woodville expected from partner firms.

Administrators are now investigating how the company funded quarterly returns and redemptions to loan-note holders before its collapse, alongside potential wrongdoing and the misapplication of investor funds by directors and introducers. Joint owners Peter Legge and Ann Marie Bell opposed the administration order.

The failure follows a familiar pattern. Fenchurch Legal entered administration in April 2026 and Katch Fund Solutions in December 2025, both citing the prolonged resolution of motor-finance claims — underscoring the sector-wide strain the FCA's redress delays have placed on funders exposed to those cases.

Uber’s New Litigation Funding Terms Would Hinder Accountability, Commentary Argues

Uber's revised terms of service — which require users who sue the company to disclose their litigation funding agreements and to waive attorney-client privilege and work-product protection over communications with funders — are legally vulnerable but could still deter funders from backing claims against the ride-hailing giant, according to new legal commentary.

As reported by Bloomberg Law, Brianne Holland-Stergar of the University of Montana School of Law contends that the provisions rest on shaky legal footing. Courts have extended work-product protection to funder documents, particularly those reflecting attorney opinions, and burying the terms within a 14,000-word clickwrap agreement is unlikely to extinguish a user's reasonable expectation of confidentiality. The commentary argues the clause could also face unconscionability challenges.

Even if the terms would not survive a court test, the analysis warns they may achieve their aim in practice. With the litigation finance market having reached an estimated $20 billion by 2025, funders weighing where to deploy capital may simply avoid cases likely to become entangled in enforcement disputes — an aversion sharpened by mounting political opposition through state-level bans and congressional scrutiny.

Holland-Stergar frames the stakes in terms of accountability rather than consumer protection. Citing Uber's prior efforts to curtail litigants, she argues the tactics appear aimed at discouraging suits against the company, including cases brought by more than 3,000 individuals alleging sexual assault. The result, the commentary concludes, would be a chilling effect on meritorious claims that depend on outside capital to reach court.

Nera Capital Secures £75 Million Funding Commitment for UK, EU and US Investment

Nera Capital has secured a new £75 million funding commitment, capital the litigation funder will deploy across three strategic initiatives spanning the United Kingdom, continental Europe and the United States.

According to a press release from Nera Capital, the commitment reflects the firm's focus on financing claims with strong legal merit and substantial economic impact, and reinforces investor confidence in the litigation finance sector.

A significant portion of the capital will support a growing portfolio of personal injury claims in the United States, where Nera Capital continues to expand through partnerships with specialist American law firms. The investment is intended to provide claimant firms with the capital required to pursue those cases efficiently, while helping injured individuals access justice without bearing the cost of lengthy litigation.

The funding will also be allocated to one of Europe's largest competition litigation matters — a €12 billion antitrust claim in Portugal. The claim is expected to involve thousands of businesses and consumers affected by alleged anti-competitive conduct, with the financing covering the legal costs required to progress the case through the Portuguese courts.

In the United Kingdom, part of the new capital is dedicated to the next phase of motor vehicle finance litigation following the Court of Appeal decision in Angel v Black Horse. That judgment confirmed that large volumes of claims can proceed using omnibus claim forms, improving procedural efficiency for claimant firms pursuing undisclosed commission claims. Nera Capital is working with leading claimant firms to finance those omnibus strategies, providing disbursement funding and operational support to manage claims at scale.

A spokesperson for Nera Capital said the commitment "demonstrates continued investor confidence in both our underwriting model and the long-term opportunities within Nera and litigation finance," citing exceptional demand across multiple jurisdictions. "Our role is to provide law firms with the financial resources they need to pursue meritorious claims, allowing individuals and businesses to access justice irrespective of their financial circumstances."

Established in 2011 and headquartered in Dublin with offices in Manchester and the Netherlands, Nera Capital is a member of the European Litigation Funders Association.