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Katch Liquidates Consumer Claims Fund Amid Mounting Delays and Pressure

By John Freund |

Katch Fund Solutions, one of the most prominent players in consumer litigation funding, has placed its consumer claims fund into liquidation.

According to Legal Futures, the move comes in response to mounting liquidity pressures caused by prolonged delays in resolving motor-finance claims and increased uncertainty surrounding major group litigation efforts. The Luxembourg-based fund confirmed it is winding down the portfolio and returning capital to investors on a pro-rata basis.

Katch had been a key backer of large-scale consumer legal claims in the UK, supporting firms such as SSB Law and McDermott Smith Law. Both firms ultimately collapsed, with SSB Law owing £63 million including £16 million in interest, and McDermott Smith Law owing £7 million. Katch’s portfolio also included a substantial stake in the ongoing “Plevin” litigation, a group of cases alleging unfair undisclosed commissions tied to the sale of payment protection insurance. That litigation, initially estimated at £18 billion in value, suffered a blow earlier this year when the High Court declined to grant a group litigation order, further delaying resolution timelines.

The firm’s consumer claims fund held over £400 million in assets as of mid-2025, but was hit hard by increasing investor redemption requests. Katch’s team cited concerns that payouts from major motor-finance cases could be delayed until 2026 or later due to regulatory and judicial developments. With limited short-term liquidity options, the fund concluded that an orderly wind-down was the only viable path forward.

Omni Bridgeway Backs New Zealand Class Action Against Transpower, Omexom

By John Freund |

Omni Bridgeway is backing a newly launched class action in New Zealand targeting Transpower New Zealand Limited and its contractor Omexom, following a major regional blackout that occurred in June 2024.

According to Omni's website, the outage, which affected approximately 180,000 residents and 20,000 businesses across Northland, was triggered by the collapse of a transmission tower near Glorit during maintenance activity conducted by Omexom.

Filed in the High Court in Wellington by law firms LeeSalmonLong and Piper Alderman, the case alleges negligence on the part of both defendants. The plaintiffs claim that Transpower failed to adequately oversee the maintenance, and that Omexom mishandled the work that led to the tower’s collapse.

The class action is proceeding on an opt-out basis, meaning all impacted Northland businesses are automatically included unless they choose otherwise. Under Omni Bridgeway’s funding model, there are no upfront costs to class members, and fees are contingent on a successful outcome.

The economic impact of the outage has been pegged between NZ$60 million and NZ$80 million, according to various estimates, with businesses reporting power losses lasting up to three days and in some cases longer. In the aftermath of the blackout, Transpower and Omexom jointly contributed NZ$1 million to a resilience fund for affected communities, a figure the plaintiffs argue is woefully inadequate compared to the losses incurred.

Loopa Finance Joins ILFA, Strengthening Global Legal Finance Reach

By John Freund |

The International Legal Finance Association (ILFA) has added Loopa Finance to its membership, marking another step in the trade association’s strategic expansion across Latin America and continental Europe. The announcement highlights ILFA’s continued efforts to support the growth of responsible legal finance and its positioning as the leading global voice for commercial litigation funders.

According to a press release issued by ILFA, the addition of Loopa Finance — formerly known as Qanlex — is seen as a major milestone in expanding the organization’s presence in key regional markets. Founded in 2020, Loopa operates across Latin America and Europe and specializes in litigation and arbitration funding, with a focus on innovative, risk-sharing funding models that utilize analytics and technology. The company’s inclusion brings further regional expertise to ILFA’s growing international network.

ILFA’s Director of Growth and Membership Engagement, Rupert Cunningham, emphasized the importance of Latin America’s rapidly evolving legal finance landscape, noting that Loopa’s entry will help enhance advocacy efforts with national governments and the European Union. Juliana Giorgi, General Counsel for Latin America at Loopa, echoed the sentiment, stating that joining ILFA reflects the company’s commitment to professionalism, transparency, and the development of a responsible funding ecosystem.

This move comes at a time when legal finance continues to professionalize globally, with trade associations like ILFA playing a crucial role in shaping regulatory conversations and establishing best practices. The addition of a cross-border funder like Loopa underscores the increasing global alignment within the commercial legal finance sector and raises questions about how funders will navigate differing regulatory environments while pursuing expansion.

Certum Launches MSO to Service Mass Tort Firms

By John Freund |

Certum Group, the Texas-based litigation funder known for its mix of funding and risk-transfer tools, has entered the managed services space with the acquisition of a legal support business tailored to mass tort and personal injury firms. The new operation, Certum Legal Solutions, is already providing back-office and pre-litigation support to a number of law firms under a fee-for-service model.

As reported by Bloomberg Law, Certum acquired the MSO in October and has since begun offering services including case intake, document management, and discovery support. The platform utilizes both legal and non-legal personnel and incorporates proprietary tools designed to automate medical-records integration and client communication.

The MSO originated from Sbaiti & Company, a New Jersey-based mass tort firm. While it continues to service Sbaiti, the business is expanding to support other firms as well. Certum has indicated that it may eventually pursue equity stakes in client firms, in addition to traditional fee-for-service arrangements.

This development reflects a broader industry trend where litigation funders are exploring alternative vehicles like MSOs to support or invest in law firms while staying within the bounds of legal ethics rules that restrict non-lawyer ownership and profit-sharing. Advisors say funders are diversifying from traditional debt financing toward more integrated operational models that can offer both financial returns and strategic access.

With Certum stepping into the MSO arena, the line between funder and service provider continues to blur. The model could reshape how funders work with firms, particularly in high-volume, complex areas like mass torts. As more funders evaluate similar moves, the legal funding industry may see deeper operational entanglements and longer-term alliances.

Getting Work Done: The Simpler, Smarter Way to Grow Your Firm

By Kris Altiere |

The following article was contributed by Kris Altiere, US Head of Marketing for Moneypenny.

Law firms are busier than ever. With new systems, dashboards, and automation tools launched in the name of efficiency, you’d think productivity would be soaring. Yet for many, the opposite is true. Complexity creeps in, admin increases, and clients still end up waiting for answers.

At Moneypenny, we’ve learned that true progress doesn’t come from doing more, it comes from doing what matters. Our philosophy is simple: Get work done, don’t just perform, don’t just present. Instead deliver, clearly, quickly, and with care.

Whether it’s a client seeking reassurance, a paralegal managing a mounting caseload, or a partner steering firm strategy through change, the goal should always be the same: solve the problem and move forward.

Efficiency might be driven by data, but in law, trust and momentum are still powered by people.

The Trust Factor

Clients don’t just want results; they want to know their matter is in good hands. The best partnerships, whether between a legal firm and its clients or between colleagues, are built on accountability and trust.

Getting work done isn’t about checking boxes or sending updates for the sake of optics. It’s about ownership. Doing what you say you’ll do, every single time. Following through with integrity. In short: treat people how you’d like to be treated. That’s how client confidence is built and why trust remains a competitive differentiator for firms now and in the future.

Focus on What Only You Can Do

Law firms today face growing operational pressures: administrative backlogs, client onboarding delays, endless meetings. Many assume the answer is to do more in-house, hire more people but the most successful firms know when to outsource to a trusted partner.

That doesn’t mean losing control, however. It means surrounding your firm with trusted partners who amplify your capabilities and free your team to do what only they can do, advise clients and win cases. When done right, it creates focus.

At Moneypenny, we see this daily. We handle client calls, live chats, and digital communications for thousands of businesses in the legal industry. We take care of the admin that slows teams down so they can accelerate the work that matters most: serving clients and growing their firm. It’s partnership in its purest form: freeing their people to deliver their best.

Pragmatism Over Perfection

Grand digital transformation projects often sound impressive, but the real progress comes from consistent, pragmatic improvement. The best firms are selective about innovation. They adopt technology not for the headlines, but for the results.

These are the firms that deliver, time and again, because they know progress isn’t about chasing every new idea, it’s about using the right ones well.

They ask simple, powerful questions:
• What’s the work that needs to be done?
• Who’s best to do it?
• How can we do it well?

It’s a balanced approach, blending smart innovation with everyday pragmatism and one that turns productivity from a KPI into a true competitive advantage.

Tech That Enables, Not Overcomplicates

Technology has enormous potential to streamline legal operations but only when used intentionally. Too often, new systems add friction instead of removing it.

The smartest firms blend automation with human oversight, letting technology enable people rather than replace them. For example, at Moneypenny, our AI Receptionist handles routine client inquiries with speed and accuracy. But when a conversation requires empathy, nuance, or reassurance, one of our experienced receptionists steps in seamlessly. 

The result is humans and AI together, each doing what they do best. Because in the end, emotional intelligence, the ability to listen, reassure, and build trust, remains a uniquely human strength, even as AI continues to evolve at a rapid rate.

Four Rules for Getting Work Done

This philosophy isn’t about going backwards or simplifying for the sake of it. It’s about cutting through the noise, building with intention, and putting resources where they’ll have the most impact.

It’s about following four simple objectives:

  1. Focus on what only you can do.
    Concentrate on the work that truly requires your expertise.
  2. Outsource with trust.
    Partner with people who treat your clients as their own.
  3. Use technology to enable, not to replace.
    Automation is a tool — not a solution in itself.
  4. Measure outcomes, not optics.
    Progress is about results, not noise.

Clarity Over Complexity

Getting work done isn’t flashy but it is how great firms grow. One resolved issue, one clear decision, one satisfied client at a time.

Because when brilliant legal teams are supported by smart technology and the distractions fall away, exceptional things happen. Clients feel the difference, teams perform at their best, and the firm builds a reputation for service and sustained excellence. 

For law firms navigating the fast-changing landscape, success will come from what matters most. Clarity over complexity. Trust over busyness. Action over appearance. And that is how law firms will truly move forward and stay ahead of the crowd.

Pogust Goodhead Defeats BHP Bid To Block Deposition Of Former Renova Chief

The High Court has rejected mining giant BHP’s application for an anti-suit injunction (ASI) that sought to prevent Pogust Goodhead from pursuing lawful evidence-gathering measures in the United States against the former president of the Brazilian redress scheme foundation set up after the Mariana dam collapse.

The Court found no basis to characterise Pogust Goodhead’s use of Section 1782 to seek a deposition of Mr André de Freitas, former CEO of the Renova Foundation[i] as vexatious, oppressive, or unconscionable, as argued by BHP.

In November 2024, Pogust Goodhead filed the §1782 application in the District Court of Arkansas seeking limited testimony from Mr de Freitas in relation to Pogust Goodhead’s claim arguing that BHP unlawfully interfered with Pogust Goodhead’s retainer rights and the compensation due to its Brazilian clients.  The U.S. court granted the subpoenas in January 2025.

Since then, BHP has sought to block the deposition by filing motions to quash the subpoenas in April 2025 and seeking an ASI in the High Court. A ruling from the Arkansas court is pending.

In Wednesday’s judgment, Mr Justice Waksman rejected BHP’s request for an injunction that would have halted the U.S. evidence-gathering process, finding no basis to prevent Pogust Goodhead from continuing with its §1782 discovery efforts.

Justice Waksman wrote in his decision: “I agree with PG that the depositions serve a distinct and legitimate purpose, being to better understand Renova’s role in relation to the various settlements and their form.”

Alicia Alinia, CEO at Pogust Goodhead commented: “We welcome the Court’s clear judgment. BHP has repeatedly attempted to obstruct legitimate investigations into its conduct. Mr de Freitas’s testimony is central to understanding how our clients’ rights may have been undermined. It is essential that he gives evidence. Only by hearing directly from those involved can our clients’ rights be properly safeguarded and the full truth established.”

Key Findings

  • The court held that English courts do not control how parties lawfully obtain evidence abroad, and that the U.S. court is the appropriate authority to decide the scope and propriety of discovery sought under Section 1782.
  • The Court also highlighted BHP’s significant delay in bringing the ASI application — nearly four months after learning of the U.S. subpoenas — which weighed against granting any injunctive relief.
  • Any concerns about the scope of the subpoenas, alleged misstatements, or burden on the witness are squarely matters for the U.S. District Court, which has already engaged with the issues in detailed hearings.

As a result, BHP cannot use the English courts to derail the ongoing U.S. process. The parties now await the District Court of Arkansas’s decision on whether BHP’s motions to quash the subpoenas will succeed.

Third Party Funding 3.0: Exploring Litigation Funding’s Correlation with the Broader Economy

By Gian Marco Solas |

The following article was contributed by Dr. Avv. Gian Marco Solas[1], founder of Sustainab-Law and author of Third Party Funding, New Technologies and the Interdisciplinary Methodology as Global Competition Litigation Driving Forces (Global Competition Litigation Review, 1/25).  Dr. Solas is also the author of Third Party Funding, Law Economics an Policy (Cambridge Press).

There is an inaccurate and counterproductive belief in the litigation funding market, that the asset class would be uncorrelated from the global economy. That was in fact due to a much bigger scientific legal problem, that the law itself was not considered as physical factor of correlation, as instrument to measure and determine cause and effects of economic events in legal systems.

This problem has been solved, in both theoretical and mathematical terms, and in fact – thanks to technology available to date such as AI and blockchain – it looks much better for litig … ehm … legal third-party funders. 

Third Party Funding 3.0© opens three new lines of opportunities:

  1. AI allows to detect and file claims that would otherwise not have been viable / brought forward, such as unlocked competition law claims[2], which represent the largest chunk of the market for competition claims. See funding proposal.
  2. Human law as factor of correlation allows to calculate the unexpressed value of the global economy. Everything that, in fact, can be unlocked with litigation, allowing then a public-private IPO type of process to optimize legal systems[3].
  3. Physical modeling of the law also allows to transform debt / liabilities into new investments, thus allowing to settle litigation earlier and with less legal costs, leaving more room to creativity to optimize the investments[4].

While it may be true that the outcome of one single judgement does not depend on the fluctuations of the financial economy, legal reality certainly determines the ups and downs of the litigation funding (and any other) market. Otherwise, we could not explain the rise of litigation funding in the post-financial crisis for instance, or the shockwaves propagated by judgements like PACCAR.

The flip side is that understanding and measuring legal reality, as well as leveraging on modern technologies and innovative legal instruments, the market for legal claims and legal assets is much bigger and sizeable than with the standard litigation financial model.

In order to test Litigation Funding 3.0, I am presenting the following proposal:

10 MILLION EUR in the form of a series A venture capital type of investment to cover one test case's litigation costs, tech, book-building and expert costs aimed at targeting three already identified global or multi-jurisdictional mass anticompetitive claims in the scale of multi-billion dollars, whose details will be provided upon request.

Funder(s) get:

  • Percentage of claims' return as per agreement with parties involved;
  • Property of the AI / blockchain algorithm;
  • License of TPF 3.0.

The funding does not cover: additional legal / litigation / expert / etc. costs.

Below is the full proposal:

THIRD PARTY FUNDING 3.0© & COMPETITION LAW CLAIMS Dr2. Avv. Gian Marco Solas gmsolas@sustainab-law.eu ; gianmarcosolas@gmail.com ; +393400966871 
AI: Artificial Intelligence                  ML: Machine Learning                    TPF: Third Party Funding
GENERAL SCENARIO FOR COMPETITION LAW DAMAGE CLAIMS – IN SHORT
Competition authorities around the globe are rapidly developing AI / ML tools to scan markets / economy and prosecute anti-competitive practices. This suggests a steep increase in competition claims in the coming years, in both volume and scope.  AI also reduces the costs and time of litigation and ML allows to better assess its risks and merit, prompting for a re-modelling of the TPF economic model in competition claims considering empirical evidence of the first wave(s) of funded litigation.
CODIFICATION© IN PHENOGRAPHY© AND TPF 3.0©
New technology and ‘mathematical-legal language’, a combination of digital & quantum where the IT code is the applicable law modelled as - and interrelated with - the law(s) of nature (‘codification©’ in ‘phenography©’). On this basis, an ML / AI legal-tech algorithm has been built in prototype to learn, build and enforce anticompetitive claims in scale, to be guided by lawyers / experts / managers, with a process tracked with and certified in blockchain. New investment thesis (TPF 3.0©) for an asset class correlated to the global real economy, including the mathematical basis for the development of a complex sciences-based / empirical damage calculation to be built by experts. 
LEGAL / LITIGATION TECH INVESTMENT, COMMITMENT AND PROSPECT RETURN
10 MILLION EUR in the form of a series A venture capital type of investment with real assets as collateral for funding to any competition litigation filed with and through this algorithm, that becomes proprietary also of the funder(s). It aims at covering a first test case (already identified), full-time IT engineer, quantum experts and book-building costs. The funder(s) is(are) expected to provide also global litigation management expertise and own the algorithm. Three global or anyway multi-jurisdictional mass anticompetitive claims in the scale of multi-billion in value have already been identified. Details will be provided upon request. Funder(s) also gets license of the TPF 3.0© thesis.

Below is the abstract and table of contents from my research:

Abstract

This article aims at fostering competition litigation and market analysis by integrating concepts borrowed from physics science from an historical legal and evolutionary perspective, taking the third party funding (TPF) market as benchmark. To do so, it first combines historical legal data and trends related to the legal and litigation markets, discussing three macro historical trends or “states”: Industrial revolution(s) and globalisation; enlargement of the legal world; digital revolution and liberalisation of the legal profession. It then proposes the multidisciplinary methodology to assess the market for TPF: mainstream economic models, historical “cyclical” data and concepts borrowed from physics, particularly from mechanics of fluids and thermodynamics. On this basis, it discusses the potential implication of such methodology on the global competition litigation practice, for instance in market analysis and damage theory, also by considering the impact of modern technologies. The article concludes that physics models and the interdisciplinary methodology seem to add value to market assessment and considers whether there should be a case for a wider adoption in (competition) litigation and asset management practices.  

Table of Contents

Introduction. I. Evolution of the legal services, litigation and third party funding market(s) 1.1. Industrial revolution(s) and globalisation 1.2. Enlargement of the legal world and privatisation of justice 1.3. Digital revolution and liberalisation of the legal profession II. Modelling the market(s) with economics, historical and physics models. Third Party Funding as benchmark 2.1. Economic models for legal services, legal claims and third party funding markets 2.2. Does history repeat itself? Litigation finance cycles 2.3. Mechanics of fluids and thermodynamics to model legal markets? III. Impact on global competition litigation 3.1. Market analysis and damage theory 3.2. Economics of competition litigation and new technologies. Conclusions. Third Party Funding 3.0© and competitiveness.

--
1. Italian / EU qualified lawyer and legal scientist. Leading Expert at BRICS Competition Law & Policy Centre (Higher School of Economics, Moscow). Ph.D.2 (Maastricht Law School, Economic Analysis of Law; University of Cagliari, Comparative Law) – LL.M. (College of Europe, EU competition Law). Visiting Fellow at Fordham Law School (US Antitrust), NYU (US Legal finance and civil procedure).

2. G. M. Solas, ‘Third Party Funding, new technologies and the interdisciplinary methodology as global competition litigation driving forces’ (2025) Global Competition Litigation Review, 1.

3. G. M. Solas, ‘Interrelation of Human Laws and Laws of Nature? Codification of Sustainable Legal Systems’ (2025) Journal of Law, Market & Innovation, 2.

4. ‘Law is Love’, at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5694423, par. 3.3.

Personal Injury Firms Want Private Equity Investment

By John Freund |

US personal injury law firms are leading a push to open the doors to private equity investment in the legal sector, even in the face of long-standing regulatory opposition to outside ownership of law practices.

According to the Financial Times, a growing number of US firms that built their practices around high-volume, billboard-driven mass tort and injury representation are quietly exploring capital injections from private equity firms. The motivation is fast growth, increased leverage, and the ability to scale operations rapidly, something traditional partner-owned firms have found difficult in a consolidating market.

The move represents a departure from the conventional owner-operator model historically favored by the legal profession, where practicing attorneys hold equity in their firms. Private capital could provide aggressive funding for marketing, case acquisition, litigation infrastructure, and operational expansion, enabling firms to ramp up nationwide acquisition of cases. Critics, however, warn that outside investors prioritizing returns could create pressure to maximize volume over client outcomes.

Private equity’s entrance into legal services is not entirely new, but the aggressive push by personal injury firms may mark a tipping point. If regulators and bar associations ease restrictions on non-lawyer ownership or passive investment, this could fundamentally reshape how US law firms are structured and financed.

For the legal funding industry, this trend signals a potential increase in demand for third-party litigation financing and capital partners. As firms leverage outside investments for growth and case volume, funding providers may find new opportunities or face increased competition.

AmTrust Sues Sompo Over £59M in Legal Funding Losses

By John Freund |

A high-stakes dispute between insurers AmTrust and Sompo is unfolding in UK court, centered on a failed litigation funding scheme that left AmTrust facing an estimated £59 million in losses. At the heart of the case is whether Sompo, as the professional indemnity insurer of two defunct law firms, Pure Legal and HSS, is liable for the damages stemming from their alleged misconduct in the operation of the scheme.

An article in Law360 reports that AmTrust had insured the litigation funding program and is now pursuing Sompo for reimbursement, arguing that the liabilities incurred by Pure and HSS are covered under Sompo’s policies. The two law firms entered administration, leaving AmTrust to shoulder the financial burden. AmTrust contends that the firms breached their professional duties, triggering coverage under the indemnity policies.

Sompo, however, disputes both the factual and legal underpinnings of the claim. The insurer denies that any breach occurred and further argues that even if the law firms had acted improperly, their conduct would not be covered under the terms of the policies issued.

This case follows AmTrust’s recent resolution of a parallel legal battle with Novitas, another financial party entangled in the scheme. That settlement narrows the current dispute to AmTrust’s claim against Sompo.

Woolworths Faces Shareholder Class Action Over Underpayments

By John Freund |

Woolworths Group is facing a new shareholder class action that alleges the company misled investors about the scale and financial impact of underpaying salaried employees. The action, backed by Litigation Lending Services, adds a fresh legal front to the long-running fallout from Woolworths’ wage compliance failures.

According to AFR, at the heart of the claim is the allegation that Woolworths did not adequately inform the market about the risks posed by its reliance on annualised salary structures and set-off clauses. These payment methods averaged compensation over longer periods instead of ensuring employees received correct pay entitlements for each pay period. This included overtime, penalty rates, and other award entitlements.

Recent decisions by the Federal Court of Australia have clarified that such set-off practices are non-compliant under modern awards. Employers must now ensure all entitlements are met for each pay period and maintain detailed records of employee hours. These rulings significantly raise the compliance bar and have increased financial exposure for large employers like Woolworths, which has tens of thousands of salaried employees.

As a result, Woolworths could face hundreds of millions of dollars in remediation costs. The shareholder class action argues that Woolworths failed to disclose the magnitude of these potential liabilities in a timely or accurate way. Investors claim that this omission amounts to misleading conduct, and that they were not fully informed of the risks when making investment decisions.

Parabellum Capital Named in Goldstein Criminal Disclosure

By John Freund |

Tom Goldstein, the former SCOTUSblog co-founder and prominent appellate advocate, has named Parabellum Capital as the litigation funder at the center of a federal indictment accusing him of misappropriating legal financing to pay off personal debts.

Bloomberg Law reports that in a court filing made last week, Goldstein disclosed that he used advances from Parabellum to cover non-litigation-related expenses, including the purchase of a multimillion-dollar home. The revelation comes amid federal charges alleging that Goldstein misused firm funds to settle gambling losses and personal obligations, then mischaracterized those payments as business expenses. Prosecutors previously referred to an unnamed funder involved in these transactions; Parabellum is now confirmed to be that firm.

Goldstein’s disclosure appears to be part of a strategic legal response to mounting charges of tax evasion and financial misrepresentation. Once a high-profile figure in Supreme Court litigation, Goldstein now faces scrutiny not only for alleged personal financial misconduct but also for the implications his actions may have on the litigation finance ecosystem.

While Parabellum has not been accused of any wrongdoing, the situation highlights a key risk in the litigation funding model: the potential for funds advanced against anticipated case proceeds to be diverted toward unrelated personal uses. Funders traditionally require that capital be deployed for case expenses, legal fees, and expert costs—not real estate acquisitions or debt payments.

This case underscores a growing concern in the legal funding industry: the need for tighter controls, enhanced due diligence, and possibly more explicit regulatory frameworks to ensure that funding agreements are not exploited. As the industry continues to mature, episodes like this could shape how funders vet borrowers and monitor the use of their capital.

Litigation Finance Hits Wall as Bets on Blockbuster Returns Flounder

By John Freund |

At a Fall conference hosted by law firm Brown Rudnick, attendees from across the litigation finance industry voiced growing concern about the sector’s prospects, signaling what may be a turning point for a business long hyped for outsized returns.

According to Yahoo Finance, many in attendance described a drain in new investment and increasing skepticism that big wins, once seen as routine, will materialize. In recent years, funders have aggressively financed high-stakes lawsuits with the expectation that a handful of big verdicts or settlements would deliver significant payouts. But now, as legal outcomes remain unpredictable and returns disappoint, investors appear to be pulling back. Some funders are reportedly limiting new deals, tightening criteria for which cases to support, or reevaluating their business models altogether.

For smaller plaintiffs and everyday plaintiffs’ firms, the contraction in funding availability could prove especially painful. The ripple effects may leave many without access to third-party capital needed to bridge the lengthy wait until verdict. And for funders, the shrinking appetite for risk could mean narrower portfolios and potentially lower returns overall.

The industry’s recalibration may also carry broader implications. Fewer fundings could slow litigation overall. Plaintiffs may see reduced leverage while funders may prioritize lower-risk, smaller-return cases. The shift could further concentrate power among a shrinking number of large, well-capitalized funders.

As the post-conference murmur becomes a chorus, the once-booming litigation finance sector may be entering a more sober phase — where hope for home-run returns gives way to caution, discipline, and perhaps a redefinition of what success looks like.

Omni Bridgeway Secures EU Victory as Commission Declines Regulation

By John Freund |

Litigation funders scored a major win in Europe this week as the European Commission confirmed it will not pursue new regulations targeting third-party funding. In a decision delivered at the final session of the Commission's High-Level Forum on Justice for Growth, Commissioner Michael McGrath announced that the EU executive will instead focus its efforts on implementing the recently adopted Representative Actions Directive (RAD), which governs collective redress actions brought by consumers and investors.

An article in Law.com notes that the move is being hailed as a significant victory by litigation funders, particularly Omni Bridgeway. Kees de Visser, the firm's Chair of the EMEA Investment Committee, described the decision as a clear endorsement of the litigation funding model and a green light for continued expansion across European jurisdictions. Funders had grown increasingly concerned over the past year that the EU might impose strict rules or licensing requirements, following persistent lobbying by industry critics and certain member states.

Supporters of the Commission’s stance, including the International Legal Finance Association, argue that additional regulation would have harmed access to justice. They contend that third-party funding helps balance the playing field, especially in complex or high-cost litigation, by enabling smaller claimants to pursue valid claims that would otherwise be financially out of reach.

Although concerns around transparency and influence remain part of the wider policy debate, the EU’s current position sends a strong signal that existing legal tools and the RAD framework are sufficient to safeguard the public interest. For funders like Omni Bridgeway, this regulatory reprieve opens the door to deeper engagement in consumer and mass claims across the bloc.

Daily Caller Slams Third Party Funding as Funders Face Mounting Media Attacks

By John Freund |

In a harsh opinion piecd, the conservative outlet The Daily Caller blasts third party litigation funding (TPLF), casting the practice as a “scam” that feeds frivolous lawsuits, burdens the economy, and unfairly enriches hidden investors at the expense of all Americans.

The op-ed, penned by Stephen Moore, draws a dire picture: trial lawyers allegedly “suck blood out of the economy” through class action suits that generate millions for attorneys but little for the plaintiffs. The piece points to numbers — a projected $500 billion hit annually to the U.S. economy, and tort cost growth more than double the inflation rate — to argue that the scale of litigation has outpaced any legitimate quest for justice.

Where TPLF comes in, according to Moore, is as the lubrication for what he sees as a booming lawsuit industry. He claims that unknown investors donate capital to lawsuits in exchange for outsized shares of any settlement, not the injured party. These hidden financial interests, he argues, distort the incentives for litigation, encouraging suits where there is no “real” corporate villain, a concern especially pointed at class action and litigation targeting major media or tech firms.

Moore cites roughly $2 billion in new financing arranged in 2024 and a fund pool of $16.1 billion total assets as evidence TPLF is growing rapidly. He endorses the Litigation Transparency Act, legislation introduced by Darrell Issa, which would require disclosure of such funding arrangements in federal civil cases. In Moore’s view, transparency would strip the “cloak of secrecy” from investors and curb what he describes as “jackpot justice,” lawsuits driven less by justice than by profit.

But the tone is unmistakably critical. Moore frames the practice as a parasitic industry that drains capital, discourages investment, and suppresses wages. He cites recent reforms in states like Florida under Ron DeSantis as evidence that limiting litigation can lead to lower insurance premiums and greater economic growth.

For legal funders, this op-ed and others like it underscore a growing media trend: skepticism not just of frivolous lawsuits but of the very model of third party funding. To preserve reputation and legitimacy, funders may need to do more than quietly finance cases. They may need to publicly engage, explain their business model, and advocate for regulatory standards that ensure transparency while preserving access to justice.

Global Litigation Funding Thrives, Yet Regulation Still Looms

By John Freund |

The global litigation funding market is experiencing strong growth, yet lingering regulatory uncertainties continue to shadow its trajectory. According to the Chambers Global Practice Guide, the market was valued at approximately US $17.5 billion (AUD $26.9 billion) in March 2025 and is projected to surge to US $67.2 billion (AUD $103 billion) by 2037.

An article in LSJ states that major drivers of this expansion include rising legal costs, complex cross-border commercial litigation, and increased demand from small and mid-sized law firms seeking external funding to build out specialist teams. While funders embrace the growth opportunity, critics raise concerns around transparency, claimant autonomy, and potential conflicts of interest.

In Australia, a notable development occurred on 6 August 2025 when the High Court of Australia in Kain v R&B Investments Pty Ltd clarified that federal courts may make common fund or funding equalisation orders for the benefit of third-party funders (but not for solicitors) in class actions—except in Victoria, which still allows contingency fees. This decision is seen as a win for litigation funders, providing greater clarity across most Australian jurisdictions. Australia also saw regulatory reform in December 2022 when the Corporations Amendment (Litigation Funding) Regulations came into force, exempting litigation funding schemes from the MIS/AFSL regime under specific conditions and emphasising the mitigation of conflicts of interest as a compliance feature.

On the regulatory front, the Australian Securities and Investments Commission (ASIC) is considering extending relief instruments that exempt certain litigation funding arrangements from the National Credit Code and financial services licensing until March 2030. Meanwhile in the UK, the proposed Litigation Funding Agreements (Enforceability) Bill 2024 seeks to remove the classification of third-party funding agreements as “damages-based agreements” under the Courts & Legal Services Act – a move which proponents say will enable greater access to justice and clear the path for global funders.

Apex Group Ltd Selected to Support Seven Stars Legal Group Ltd’s Pioneering Tokenised Litigation Fund in Dubai

By John Freund |

Apex Group Ltd (“Apex Group”), one of the world's largest fund administration and solutions providers, today announced it has been selected to provide fund administration and digital asset infrastructure for the anticipated Seven Stars Legal Group Ltd (“Seven Stars”) Tokenised Litigation Fund, a pioneering investment vehicle that will combine institutional-grade litigation finance with blockchain technology.

The proposed fund, targeting GBP 50-250 million in commitments with an anticipated first close of GBP 50 million by March 31, 2026, represents a significant innovation in alternative investments. Once launched, the tokenised structure is expected to reduce traditional investment minimums from GBP 1 million to GBP 50,000, making institutional-quality litigation finance accessible to a broader range of qualified investors.

Subject to regulatory approvals and successful fund structuring, Apex Group is positioned to provide comprehensive fund administration services, while its digital asset platform, Apex Digital 3.0 (including Tokeny), would handle the token issuance and management infrastructure. This dual capability positions Apex Group as the sole provider managing both traditional fund administration and digital asset components under one unified platform.

Upon launch, Seven Stars will act as Investment Manager responsible for portfolio selection and management.

“Our selection to support Seven Stars' innovative fund structure exemplifies our commitment to bridging traditional finance with digital innovation,” said Agnes Mazurek, Global Head of Digital Assets at Apex Group. “By providing both conventional fund administration and tokenisation infrastructure, we're positioned to help fund managers unlock new distribution channels and operational efficiencies while maintaining institutional-grade governance and compliance standards.”

Offering up to a capped 16% annual return backed by diversified UK litigation portfolios, Seven Stars brings significant experience to the venture, having already deployed over GBP 44 million in UK litigation finance and funded more than 56,000 legal claims with a proven track record of performance, together with a team which includes leading Silk, Louis Doyle KC, who sits on the board and Advisory Committee at Seven Stars.

“Apex Group's expertise in both traditional fund administration and digital assets makes them the ideal partner for this groundbreaking initiative,” said Leon Clarance, Chief Strategy Officer at Seven Stars. "Their infrastructure will enable us to deliver the operational efficiency gains of tokenisation while maintaining the rigorous compliance and reporting standards our institutional investors expect.”

Mazurek added: “We are pleased to be supporting Seven Stars in this groundbreaking project. Our mission at Apex Group is to help clients bridge the TradFi and DeFi universes and this project perfectly represents this connectivity.”

Planned Partnership Capabilities

The anticipated partnership would leverage several key Apex Group capabilities:

  • Fund Administration: NAV calculation, investor services, and regulatory reporting 
  • Digital Asset Infrastructure: Token issuance, custody, and lifecycle management via Apex Digital 3.0
  • Regulatory Compliance: Full regulatory oversight and compliance monitoring 
  • Investor Onboarding: Streamlined KYC/AML processes for both traditional and digital investors

The proposed tokenised structure would enable secondary trading after a 6-month lock-in period, providing liquidity options traditionally unavailable in litigation finance funds. Smart contract automation is projected to reduce administrative costs by up to 90%, with anticipated savings passed through to investors.

This announcement follows Apex Group's recent expansion of its digital asset capabilities in the DIFC, positioning the firm as a leader in supporting the convergence of traditional finance and blockchain technology in the Middle East's premier financial hub.

About Apex Group

Apex Group is dedicated to driving positive change in financial services while supporting the growth and ambitions of asset managers, allocators, financial institutions, and family offices. Established in Bermuda in 2003, the Group has continually disrupted the industry through its investment in innovation and talent.

Today, Apex Group sets the pace in fund and asset servicing and stands out for its unique single-source solution and unified cross asset-class platform which supports the entire value chain, harnesses leading innovative technology, and benefits from cross-jurisdictional expertise delivered by a long-standing management team and over 13,000 highly integrated professionals.   

Apex Group leads the industry with a broad and unmatched range of services, including capital raising, business and corporate management, fund and investor administration, portfolio and investment administration, ESG, capital markets and transactions support. These services are tailored to each client and are delivered both at the Group level and via specialist subsidiary brands.

The Apex Foundation, a not-for-profit entity, is the Group’s passionate commitment to empower sustainable change. 

About Seven Stars Legal

Seven Stars Legal is a specialist litigation finance provider focused on high-volume, precedent-based UK consumer claims. Founded by a team with over GBP 380 million in litigation finance experience, the company provides institutional investors with access to uncorrelated, asset-backed returns through secured lending to regulated UK law firms. Seven Stars has funded over 56,000 claims since 2022, maintaining a zero-default track record through its multi-layered security framework and AI-enhanced due diligence processes

U.S. Bill Seeks to Ban Foreign-Backed Litigation Funding

By John Freund |

U.S. lawmakers are intensifying their efforts to regulate third-party litigation funding, with Senator John Kennedy (R-La.) introducing the Protecting Our Courts from Foreign Manipulation Act. This bill mirrors H.R. 2675, which is already progressing through the House, and targets alleged foreign influence in U.S. litigation, particularly from state-owned entities and sovereign wealth funds.

Insurance Journal reports that the proposed legislation would prohibit foreign governments and their affiliated investment arms from financing litigation in U.S. courts. It would also introduce mandatory disclosure requirements, compelling funders to report their arrangements to both the courts and the Department of Justice. Additionally, the bill empowers the DOJ’s National Security Division to review and monitor foreign litigation investments as a matter of national interest.

Supporters of the bill, including the American Property Casualty Insurance Association (APCIA), argue that litigation funding sourced from foreign entities presents a tangible threat to national security and economic resilience. APCIA’s senior leadership described it as a “clear and present risk” that could influence legal outcomes and distort the civil justice system.

For the legal funding industry, the implications are significant. If enacted, the law would alter the landscape for funders operating in the U.S. market, especially those reliant on foreign capital. It raises pressing questions about how funders are going to combat this continued assault on the very existence of the industry.

A Framework for Measuring Tech ROI in Litigation Finance

This article was contributed by Ankita Mehta, Founder, Lexity.ai - a platform that helps litigation funds automate deal execution and prove ROI.

How do litigation funders truly quantify the return on investment from adopting new technologies? It’s the defining question for any CEO, CTO or internal champion. The potential is compelling: for context, according to litigation funders using Lexity’s AI-powered workflows, ROI figures of up to 285% have been reported.

The challenge is that the cost of doing nothing is invisible. Manual processes, analyst burnout, and missed deals rarely appear on a balance sheet — but they quietly erode yield every quarter.

You can’t manage what you can’t measure. This article introduces a pragmatic framework for quantifying the true value of adopting technology solutions, replacing ‘low-value’ manual tasks and processes with AI and freeing up human capital to focus on ‘high-value’ activities that drive bottom line results  .

A Pragmatic Framework for Measuring AI ROI

A proper ROI calculation goes beyond simple time savings. It captures two distinct categories:

  1. Direct Cost Savings – what you save
  2. Increased Value Generation – what you gain

The ‘Cost’ Side (What You Save)

This is the most straightforward calculation, focused on eliminating “grunt work” and mitigating errors.

Metric 1: Direct Time Savings — Eliminating Manual Bottlenecks 

Start by auditing a single, high-cost bottleneck. For many funds, this is the Preliminary Case Assessment, a process that often takes two to three days of an expert analyst's time.

The calculation here is straightforward. By multiplying the hours saved per case by the analyst's blended cost and the number of cases reviewed, a fund can reveal a significant hard-dollar saving each month.

Consider a fund reviewing 20 cases per month. If a 2-day manual assessment can be cut to 4 hours using an AI-powered workflow, the fund reallocates hundreds of analyst-hours every month. That time is now moved from low-value data entry to high-value judgment and risk analysis.

Metric 2: Cost of Inconsistent Risk — Reducing Subjectivity 

This metric is more complex but just as critical. How much time is spent fixing inconsistent or error-prone reviews? More importantly, what is the financial impact of a bad deal slipping through screening, or a good deal being rejected because of a rushed, subjective review?

Lexity’s workflows standardise evaluation criteria and accelerate document/data extraction, converting subjective evaluations into consistent, auditable outputs. This reduces rework costs and helps mitigate hidden costs of human error in portfolio selection.

The ‘Benefit’ Side (What You Gain)

This is where the true strategic upside lies. It’s not just about saving time—it’s about reinvesting that time into higher-value activities that grow the fund.

Metric 3: Increased Deal Capacity — Scaling Without Headcount Growth

What if your team could analyze more deals with the same staff? Time saved from automation becomes time reallocated to new higher value opportunities, dramatically increasing the value of human contributions.

One of the funds working with Lexity have reported a 2x to 3x increase in deal review capacity without a corresponding increase in overhead. 

Metric 4: Cost of Capital Drag — Reducing Duration Risk 

Every month a case extends beyond its expected closing, that capital is locked up. It is "dead" capital that could have been redeployed into new, IRR-generating opportunities.

By reducing evaluation bottlenecks and creating more accurate baseline timelines from inception, a disciplined workflow accelerates the entire pipeline. 

This figure can be quantified by considering the amount of capital locked up, the fund's cost of capital, and the length of the delay. This conceptual model turns a vague risk ("duration risk") into a hard number that a fund can actively manage and reduce.

An ROI Model Is Useless Without Adoption

Even the most elegant ROI model is meaningless if the team won't use the solution. This is how expensive technology becomes "shelf-ware."

Successful adoption is not about the technology; it's about the process. It starts by:

  1. Establish Clear Goals and Identify Key Stakeholders: Set measurable goals and a baseline. Identify stakeholders, especially the teams performing the manual tasks- they will be the first to validate efficiency gains.
  2. Targeting "Grunt Work," Not "Judgment": Ask “What repetitive task steals time from real analysis?” The goal is to augment your experts, not replace them.
  3. Starting with One Problem: Don't try to "implement AI." Solve one high-value bottleneck, like Preliminary Case Assessment. Prove the value, then expand. 
  4. Focusing on Process Fit: The right technology enhances your workflow; it doesn’t complicate it.

Conclusion: From Calculation to Confidence

A high ROI isn't a vague projection; it’s what happens when a disciplined process meets intelligent automation.

By starting to measure what truly matters—reallocated hours, deal capacity, and capital drag—fund managers can turn ROI from a spreadsheet abstraction into a tangible, strategic advantage.

By Ankita Mehta Founder, Lexity.ai — a platform that helps litigation funds automate deal execution and prove ROI.

Burford Capital’s $35 M Antitrust Funding Claim Deemed Unsecured

By John Freund |

In a recent ruling, Burford Capital suffered a significant setback when a U.S. bankruptcy court determined that its funding agreement was not secured status.

According to an article from JD Journal, Burford had backed antitrust claims brought by Harvest Sherwood, a food distributor that filed for bankruptcy in May 2025, via a 2022 financing agreement. The capital advance was tied to potential claims worth about US$1.1 billion in damages against meat‑industry defendants.

What mattered most for Burford’s recovery strategy was its effort to treat the agreement as a loan with first‑priority rights. The court, however, ruled the deal lacked essential elements required to create a lien, trust or other secured interest. Instead, the funding was classified as an unsecured claim, meaning Burford now joins the queue of general creditors rather than enjoying priority over secured lenders.

The decision carries major consequences. Unsecured claims typically face a much lower likelihood of full recovery, especially in estates loaded with secured debt. Here, key assets of the bankrupt estate consist of the antitrust actions themselves, and secured creditors such as JPM Chase continue to dominate the repayment waterfall. The ruling also casts a spotlight on how litigation‑funding agreements should be structured and negotiated when bankruptcy risk is present. Funders who assumed they could elevate their status via contractual design may now face greater caution and risk.

Manolete Partners PLC Posts Flat H1 as UK Insolvency Funding Opportunity Grows

By John Freund |

The UK‑listed litigation funder Manolete Partners PLC has released its interim financial results for the half‑year ended 30 September 2025, revealing a stable but subdued performance amid an expanding insolvency funding opportunity.

According to the company announcement, total revenue fell to £12.7 million (down 12 % from £14.4 million a year earlier), while realised revenue slipped to £14.0 million (down 7 % from £15.0 million). Operating profit dropped sharply to £0.1 million, compared to £0.7 million in the prior period—though excluding fair value write‑downs tied to the company’s truck‑cartel portfolio, underlying profit stood at £2.0 million.

The business completed 146 cases during the period (up 7 % year‑on‑year) and signed 146 new case investments (up nearly 16 %). Live cases rose to 446 from 413 a year earlier, and the total estimated settlement value of new cases signed in the period was claimed to be 31 % ahead of the prior year. Cash receipts were flat at about £14.5 million, while net debt improved to £10.8 million (down from £11.9 million). The company’s cash balance nearly doubled to £1.1 million.

In its commentary, Manolete emphasises the buoyant UK insolvency backdrop — particularly the rise of Creditors’ Voluntary Liquidations and HMRC‑driven petitions — as a tailwind for growth. However, the board notes the first half was impacted by a lower‑than‑average settlement value and a “quiet summer”, though trading picked up in September and October. The firm remains confident of stronger average settlement values and a weighting of realised revenues toward the second half of the year.

EU Says “No” to New Regulation of Third‑Party Litigation Funding

By John Freund |

The European Commission has stepped back from plans to impose EU‑wide regulation on third‑party litigation funding. At the closing of its “Justice for Growth” forum this week, Commissioner Michael McGrath bluntly stated that stakeholders reported “no need to regulate third‑party litigation funding at EU level”. Instead, the Commission will shift focus toward monitoring how the Representative Actions Directive (RAD) is being implemented across member states.

An article in Law 360 notes that the decision comes after a consultative process and stakeholder feedback via the Commission’s high‑level forum, which included representatives from business, consumer interest groups, and member‑state institutions.

Industry reaction was swift and positive. The International Legal Finance Association (ILFA) welcomed the announcement, noting that potential new regulation had created “considerable uncertainty for the sector.” ILFA expressed relief that the “talk of the need for new regulation … appears to be closed.”

Nevertheless, the decision comes at a complex moment. Earlier this year, the Commission published a detailed study on mapping third‑party litigation funding in the European Union, which had outlined three options for regulatory intervention: no regulation, light‑touch regulation, or full regulation. While the choice of “no new legislation” appears to align with the industry’s preference, the heightened scrutiny of the RAD’s implementation could signal more targeted oversight of how funders participate in consumer collective redress actions.

Implications for the legal funding industry: With the Commission refraining from new legislation, funders operating across the EU now have greater regulatory clarity, at least for the near term. But the decision also places the spotlight on national implementation of the RAD and raises questions about whether member states might adopt their own regulatory responses instead.

WilmerHale Critiques VC-Style Patent Funding for Misaligned Incentives

By John Freund |

In a provocative new white paper, WilmerHale attorneys argue that venture capital–style strategies applied to patent litigation funding are fueling a wave of meritless lawsuits and stifling innovation in the U.S. tech economy.

An article in JD Supra outlines the firm's concerns about how litigation funders increasingly adopt a venture capital mindset when backing large portfolios of patent suits with the expectation that one or two major wins will offset the losses.

The paper contends that this model encourages the pursuit of weak or overbroad claims by non-practicing entities (NPEs), often through shell companies that obscure the funders' identities and incentives. In one example cited, a single defendant was forced to defend against dozens of claims, most of which were later dropped or invalidated, resulting in significant financial and operational burdens.

The authors also raise national security concerns, pointing to the lack of transparency around foreign investors that may leverage U.S. litigation as a strategic tool. In response, WilmerHale recommends mandating up-front disclosure of litigation funders, expanding fee-shifting mechanisms under laws such as 35 U.S.C. § 285, and amending the Federal Rules of Civil Procedure to improve accountability.

These calls for reform arrive at a moment of increased scrutiny on third-party litigation finance, particularly in the intellectual property space. With transparency and disclosure at the center of WilmerHale’s proposed solutions, the paper adds to a growing chorus of voices calling for more regulatory oversight in the litigation finance ecosystem.

ILFA Welcomes Commissioner McGrath’s Rejection of EU Regulation for Third-Party Litigation Funding

By John Freund |

On 18 November 2025, European Commissioner for Justice Michael McGrath closed the final meeting of the EU’s High-Level Forum on Justice for Growth with a clear statement that the Commission does not plan new legislation on Third Party Litigation Funding (TPLF). 

He added that Forum participants also indicated that there is no need to further regulate third-party litigation funding.

Instead, Commissioner McGrath said the Commission will prioritise monitoring the implementation of the Representative Actions Directive (RAD) over any new legislative proposals. 

(video from 2.32 here). 

Paul Kong, Executive Director of the International Legal Finance Association (ILFA), said:  “We’re delighted to see Commissioner McGrath’s clear statement that EU regulation for third-party litigation funding is not planned. This appears to close any talk of the need for new regulation, which was completely without evidence and created considerable uncertainty for the sector.

Over several years, ILFA has consistently made the case that litigation funding plays a critical role in ensuring European businesses and consumers can access justice without financial limitations and are not disadvantaged against larger and financially stronger defendants. New legislation would have choked off the availability of financial support to level the playing field for claimants. 

We will continue to work closely with the Commission to share the experiences of our members on the implementation of the RAD across the EU, ensuring it also works for claimants in consumer group actions facing defendants with deep pockets.”

About ILFA

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 global 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 or @ILFA_Official. 

About the High-Level Forum on Justice for Growth

European Commissioner for Justice Michael McGrath launched the High-Level Forum on Justice for Growth in March 2025 to bring together legal industry experts to “focus on and discuss together how justice policies can contribute to – and further support – European competitiveness and growth”. The final meeting of the Forum took place on 18 November 2025, in Brussels. 

Litigation-Funding Investment Market to Hit USD 53.6B by 2032

By John Freund |

A new report projects that the global litigation-funding investment market will reach approximately USD 53.6 billion by 2032, growing at a compound annual growth rate (CAGR) of about 13.84 percent. This robust growth forecast is driven by increasing demand for third-party financing in commercial litigation, arbitration, and high-stakes legal disputes. Investors are seeking exposure to legal-asset strategies as an uncorrelated return stream, while funders are scaling up to handle more complex, higher-value outcomes.

According to the article in Yahoo News, the market’s expansion is fueled by several structural shifts: more claimants are accessing capital through non-traditional financing models, law firms are leaning more on outside capital to manage cost and risk, and funders are expanding their product offerings beyond single-case funding. While the base market size was not specified in the summary, earlier industry data suggests significant growth from previous levels, with the current projection indicating a several-fold increase.

Still, the path forward is not without challenges. Macroeconomic factors, regulatory ambiguity, and constraints within the legal services ecosystem could affect the pace and scale of growth. Funders will need to maintain disciplined underwriting standards and carefully manage portfolio risks—especially as the sector becomes increasingly mainstream and competitive.

For the legal funding industry, this forecast reinforces the asset class's ongoing maturation. It signals a shift toward greater institutionalization and scale, with potential implications for pricing, transparency, and regulatory scrutiny. Whether funders can balance growth with rigor will be central to the market’s trajectory over the coming decade.

Pogust Goodhead Appoints Jonathan Edward Wheeler as Partner and Head of Mariana Litigation

By John Freund |

Pogust Goodhead law firm has appointed Jonathan Edward Wheeler as a partner and Head of Mariana Litigation, adding heavyweight firepower to the team driving one of the largest group claims in English legal history following the firm’s landmark liability win against BHP in the English courts.

Jonathan joins Pogust Goodhead from Morrison Foerster in London, where he was a leading commercial litigation partner, having served for seven years as office co-managing partner and for 15 years as Head of Litigation. A specialist in complex, cross-border disputes, Jonathan has extensive experience acting in high-value commercial litigation, civil fraud and asset tracing, international trust disputes, contentious insolvency and investigations across multiple jurisdictions.

In his new role, Jonathan will assume strategic leadership of the proceedings arising from the Mariana dam disaster against mining giant BHP, overseeing the continued development of the case into the damages phase and working closely with colleagues in Brazil, the UK, the Netherlands and beyond.

Howard Morris, Chairman at Pogust Goodhead said: “Jonathan is a heavyweight addition to Pogust Goodhead and to our Mariana team. His track record in running some of the most complex cross-border disputes in the English courts, together with his leadership experience, make him exactly the kind of senior figure we need after our historic liability victory. Our clients will benefit enormously from his expertise and judgment.”

Jonathan Wheeler said: “It is a privilege to join Pogust Goodhead at such a pivotal moment in the Mariana case. The recent liability judgment is a watershed for access to justice and corporate accountability. I am honoured to help lead the next phase of this extraordinary litigation and to work alongside a team that has shown such determination in seeking justice for hundreds of thousands of victims.”

Alicia Alinia, CEO at Pogust Goodhead said: “Bringing in lawyers of Jonathan’s calibre is a strategic choice. As we expand the depth and breadth of our disputes practice globally, we are investing in senior talent who can help us deliver justice at scale for our clients and build an even more resilient firm.”

The Mariana proceedings in England involve over 600,000 of Brazilian individuals, businesses, municipalities, religious institutions and Indigenous communities affected by the 2015 Fundão dam collapse in Minas Gerais, Brazil. Following the English court’s decision on liability on the 14th of November 2025, the case will now move into the next stage focused on damages and the quantification of losses on an unprecedented scale.

APCIA Urges House to Pass Litigation Funding Disclosure Reforms

By John Freund |

The American Property Casualty Insurance Association (APCIA) is renewing its call for Congress to advance two pieces of legislation aimed at increasing transparency in third-party litigation funding (TPLF). According to a recent article in Insurance Journal, APCIA is backing the Litigation Transparency Act of 2025 (H.R. 1109) and the Protecting Our Courts from Foreign Manipulation Act of 2025 (H.R. 2675) as key reforms for federal civil litigation.

An article in Insurance Journal reports that the House Judiciary Committee is expected to mark up both bills, which would require disclosure of TPLF in federal cases, and in the case of H.R. 2675, bar foreign governments and sovereign-wealth funds from investing in U.S. litigation. APCIA’s senior vice president for federal government relations described the measures as bringing “needed transparency for one of the largest cost drivers of insurance premiums — third-party litigation funding.”

In support of its advocacy, APCIA cited research from the consulting firm The Perryman Group, which estimated that excess tort costs in the U.S. amount to $368 billion annually — with each household absorbing roughly $2,437 in additional costs per year across items such as home and auto insurance and prescriptions.

While tax reform efforts once included proposals targeting funder profits, budget-rule constraints prevented those from advancing.

Burford Capital Underscores Data‑Driven Settlement Strategies

By John Freund |

Burford Capital and Solomonic explore how seasoned funders and advisers can bring precision to the settlement table in high‑stakes disputes.

An article on Burford’s website states that the joint webinar, hosted by James MacKinnon (Burford) and Edward Bird (Solomonic), featured experts from Herbert  Smith  Freehills  Kramer, Pallas  Partners and Dectech to discuss how analytics can reshape settlement strategy. The piece highlights that large‑value disputes often take far longer and face steeper odds of success — not because high‑value claims are inherently weaker, but because risk‑seeking behaviour tends to dominate when the stakes rise.

Burford explains its method of translating a multi‑headed claim into a “weighted average damages outcome,” then discounting for trial risk, appellate risk, enforcement risk and cost of capital to arrive at a present‑day valuation. In one example, a claim with a theoretical maximum of US$500 million was valued at just under US$76 million after risk‑adjustment — meaning a settlement at or above that number would objectively represent success given the circumstances.

The article also reflects on the evolving role of AI and analytics. While data models are improving, Burford cautions that predictive systems remain dependent on data quality and expert inputs — underscoring that modelling alone is not a substitute for judgment and experience.

Proposed TPLF Bill Sparks Privacy Concerns Across Legal Landscape

By John Freund |

A new legislative push to increase transparency in third-party litigation funding (TPLF) has ignited concern over the potential erosion of individual privacy rights, especially for plaintiffs involved in sensitive litigation. While the bill aims to shed light on opaque funding arrangements, critics warn that it could open the door to broad and unnecessary disclosures of personal data.

An article in The Hill notes that among the more controversial aspects of the proposed bill is its requirement that plaintiffs and their attorneys disclose the details of any litigation funding agreements. These disclosures could go far beyond identifying funders, potentially revealing case-specific facts, medical or financial histories, and other personally identifiable information. There is no clear guidance on how such disclosures would be protected, raising the specter of public filings that expose vulnerable claimants to undue scrutiny or retaliation.

The breadth of the bill has drawn particular criticism. While aimed at foreign or undisclosed financial backers, its language is sweeping enough to encompass nearly any financial relationship, including arrangements with U.S.-based funders operating under existing regulatory frameworks. Legal observers worry that plaintiffs—especially those with lower means—may be discouraged from pursuing meritorious claims due to the fear of invasive data exposure.

Privacy advocates argue that without significant revisions, the bill risks creating a litigation environment in which strategic intelligence gathering by adversaries, funder interference, and reputational harms become routine. Several industry experts are calling for narrowly tailored disclosures limited to material funding terms, coupled with robust confidentiality protections and strict limits on public access.

Uber Told £340m Group Claim Must Follow Costs Budgeting Rules

By John Freund |

In a notable ruling, the High Court has directed that a £340 million group action against Uber London Ltd will be subject to costs budgeting, despite the claim’s substantial size. The decision was handed down in the case of White & Ors v Uber London Ltd & Ors, where the total value of the claim far exceeds the £10 million threshold above which costs budgeting is typically not required under the Civil Procedure Rules.

According to Law Gazette, Mrs Justice O’Farrell chose to exercise judicial discretion to apply the budgeting regime. Her decision marks a significant moment for large-scale group litigation in England and Wales, underscoring the court’s growing interest in ensuring proportionality and transparency of legal costs—even in high-value cases.

An article in the Law Society Gazette reports that the ruling means the parties must now submit detailed estimates of incurred and anticipated legal costs, which will be reviewed and approved by the court. This move imposes a degree of cost control typically absent from group claims of this scale and signals a potential shift in how such cases are managed procedurally.

The decision carries important implications for the litigation funding industry. Funders underwriting group claims can no longer assume exemption from cost control measures based on claim size alone. The presence of court-approved cost budgets may impact the funders’ risk analysis and return expectations, potentially reshaping deal terms in high-value group actions. This development could prompt more cautious engagement from funders and a closer examination of litigation strategy in similar collective proceedings moving forward.

Will Law Firms Become the Biggest Power Users of AI Voice Agents?

By Kris Altiere |

The following article was contributed by Kris Altiere, US Head of Marketing for Moneypenny.

A new cross-industry study from Moneypenny suggests that while some sectors are treading carefully with AI-powered voice technology, the legal industry is emerging as a surprisingly enthusiastic adopter. In fact, 74% of legal firms surveyed said they are already embracing AI Voice Agents , the highest adoption rate across all industries polled.

This may seem counterintuitive for a profession built on human judgement, nuance and discretion. But the research highlights a growing shift: law firms are leaning on AI not to replace human contact, but to protect it.


Why Legal Is Leaning In: Efficiency Without Eroding Trust

Legal respondents identified labor savings (50%) as the most compelling benefit of AI Voice Agents.  But behind that topline number sits a deeper story:

  • Firms are increasingly flooded with routine enquiries.
  • Clients still expect immediate, professional responses.
  • Staff time is too valuable to spend triaging logistics.

Kris Altiere, US Head of Marketing at Moneypenny, said:
“Some companies and callers are understandably a little nervous about how AI Voice Agents might change the call experience. That’s why it’s so important to design them carefully so interactions feel personal, relevant, and tailored to the specific industry and situation. By taking on the routine parts of a call, an AI agent frees up real people to handle the conversations that are more complex, sensitive, or high-value.”

For the legal sector, that balance is particularly valuable.

A Look At Other Industries

Hospitality stands out as the most reluctant adopter, with only 22% of companies using AI-powered virtual reception for inbound calls and 43% exploring AI Voice Agents.
By contrast, the legal sector’s 74% engagement suggests a profession increasingly comfortable pairing traditional client care with modern efficiency.

The difference stems from call types: whereas hospitality relies heavily on emotional warmth, legal calls hinge on accuracy, confidentiality, and rapid routing areas where well-calibrated AI excels.

What Legal Firms Want Most From AI Voice Agents

The research reveals where legal sees the greatest potential for AI voice technology:

  • Healthcare: faster response times (75%)
  • Hospitality: reducing service costs (67%)
  • Real estate: enhanced call quality and lead qualification (50%)
  • Finance: 24/7 availability (45%), improved caller satisfaction (44%), scalability (43%)

Legal’s top future use case is appointment management (53%).

This aligns neatly with the administrative pain points most firms face,  juggling court dates, consultations and multi-lawyer calendars.

Each industry also had high expectations for AI Voice Agent features, from natural interruption handling to configurable escalation rules.
For legal, data security and compliance topped the list at 63%.

This security-first mindset is unsurprising in a sector where reputation and confidentiality are non-negotiable.

Among legal companies, 42% said that integration with existing IT systems like CRM or helpdesk tools was critical.

This points to a broader shift: law firms increasingly want AI not just as a call handler but as part of the client-intake and workflow ecosystem.

The Bigger Trend: AI to Protect Human Time

Across every industry surveyed, one theme is emerging: companies don’t want AI to replace humans ,they want it to give humans back the time to handle what matters.

For legal teams, this means freeing lawyers and support staff from constant call-handling so they can focus on high-value, sensitive work.

Why This Matters for Law Firms in 2025

The AI adoption race in legal is no longer about novelty; it’s about staying competitive.

Clients expect real-time responses, yet firms are constrained by staffing and increasing administrative load. Well-designed AI Voice Agents offer a way to protect responsiveness without compromising on professionalism or security.

With compliance pressures rising, talent shortages ongoing, and client acquisition becoming more competitive, the research suggests law firms are turning to AI as a strategic solution and not a shortcut.

Moneypenny’s Perspective

Moneypenny, a leader in customer communication solutions, recently launched its new AI Voice Agent following the success of an extensive beta program. The next-generation virtual assistant speaks naturally with callers, giving businesses greater flexibility in how they manage customer conversations.