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Esquire Financial’s Litigation-Related Loans Climb to $1.22 Billion

Esquire Financial Holdings continues to build its bank around the legal industry, with commercial litigation-related lending now the clear centerpiece of its loan book rather than a sideline. The firm's strategy leans into a niche most banks avoid: financing law firms and litigation-related credit at scale.

According to Esquire Financial Holdings, the company's commercial litigation-related loans increased $386.9 million, or 46.3%, to $1.22 billion as of March 31, 2026. That single segment now accounts for roughly two-thirds of Esquire's $1.82 billion total loan portfolio.

The litigation book grew a net $44 million during the quarter — about 15% on an annualized basis — at a yield of approximately 9%, well above conventional commercial lending. Total assets rose 23.9% to $2.42 billion, and the bank's net interest margin reached 6.04%, reflecting how the litigation-related concentration lifts overall returns.

The figures underscore a deliberate design rather than opportunistic growth: a specialized commercial bank concentrating on law-firm and litigation-related credit, funded in large part by legal-industry deposits. Net income for the quarter was $12.2 million, or $1.40 per diluted share. As litigation finance draws regulatory scrutiny elsewhere, Esquire's model shows how a chartered bank is embedding itself in the sector's plumbing.

Ohio Advances Litigation Funding Registration and Foreign-Funding Ban

Ohio is moving to join the growing roster of states regulating third-party litigation funding, advancing a bill that pairs registration and disclosure requirements with an outright prohibition on foreign funders.

As reported by Bloomberg Law, House Bill 105 — passed by the Senate and sent to Governor Mike DeWine — would require both commercial and consumer funders to register with the state and disclose their funding agreements to the attorney general after cases resolve. Sponsors have described the sector as an "opaque," billion-dollar industry operating largely out of view.

The measure would bar funders from influencing how lawsuits are handled or settled, and would prohibit funding agreements with individuals or entities domiciled outside the United States. It draws on the National Conference of Insurance Legislators' "Transparency in Third Party Litigation Financing Model Act," creating a uniform registration and oversight framework under the attorney general.

Unlike North Carolina's first-in-the-nation outright ban enacted last month, Ohio's approach centers on transparency and foreign-influence guardrails rather than blanket prohibition — a model other states weighing regulation are likely to study closely. For the defense bar, mandatory disclosure of funding agreements would offer a clearer view of the financial interests behind a claim, potentially informing settlement posture and trial strategy.

Op-Ed Warns Congress’s Litigation Finance Bills Threaten Privacy and Free Speech

A new commentary argues that pending federal legislation to regulate third-party litigation funding could do more constitutional harm than substantive reform, raising First Amendment and privacy concerns for funded parties and their backers.

As reported by Bloomberg Law, legal scholar John Shu points to two efforts on Capitol Hill: a bill from Senator Thom Tillis and Representative Kevin Hern that would impose a 41% tax on litigation finance recoveries, and a separate disclosure bill from Representative Darrell Issa that would require funders and financiers to be publicly identified.

Shu contends that mandatory disclosure would expose confidential backers to "doxxing, harassment, retaliation, or worse," and that the tax-enforcement mechanism would force plaintiffs' lawyers to identify private funders to the IRS. He points to the agency's history of controversy over the "targeting of the Tea Party and other conservative groups" as reason for caution about compelled disclosure to federal authorities.

He grounds the constitutional argument in Supreme Court precedent — including NAACP v. Alabama (1958) and Americans for Prosperity Foundation v. Bonta (2021) — decisions that shielded confidential donor and membership lists from compelled disclosure. The piece lands as a notable counterweight to the transparency push gaining momentum in statehouses and Congress, reframing the debate around civil liberties rather than courtroom economics.

Burford Study Finds Two-Thirds of Strong Legal Claims Go Unpursued Over Cost

A new study from Burford Capital and The Lawyer finds that cost and risk are keeping meritorious claims off the docket. In the London Disputes Report 2026, 67% of senior legal professionals surveyed agreed that many strong claims go unpursued because of the cost or risk of litigation.

According to Burford Capital, 85% of respondents agreed that risk-transfer tools such as legal finance improve litigation decision-making, and 84% believe businesses now expect greater cost certainty than law firms can readily provide. Another 73% said corporate boards are becoming more sophisticated in viewing disputes as financial assets.

The report also highlights behavioral drivers behind case outcomes. Some 60% of those surveyed agreed that settlement decisions are often driven by management fatigue rather than the underlying strength of a case, while 73% of in-house and private-practice lawyers reported direct experience with legal finance.

"Boards, executives and legal teams are increasingly evaluating litigation and arbitration as business assets," said Philipp Leibfried, Managing Director at Burford Capital. For an industry that has spent years arguing that legal finance is a mainstream corporate tool rather than a last resort, the findings offer data to match the pitch — suggesting that cost pressure, board sophistication, and risk transfer are converging to pull disputes squarely into the realm of financial decision-making.

North Carolina Enacts Nation’s First Outright Ban on Third-Party Litigation Funding

North Carolina has become the first US state to prohibit third-party litigation funding outright, with its Prohibit Litigation Investments Act taking effect on June 22, 2026. The law makes it unlawful for any person to provide money — whether as a direct payment, advancement, loan, or investment — for civil proceeding expenses in exchange for a right to repayment that is contingent in any respect on the outcome of the proceeding.

As reported by JD Supra, the statute applies broadly across civil actions, arbitrations, mediations, and administrative proceedings, and covers contracts entered into, renewed, or amended on or after the effective date. It carves out exclusions for contingency-fee legal services, non-contingent loans, attorney cost advancements under the Rules of Professional Conduct, and funding arrangements that carry no outcome-contingent return.

The penalties are significant. Offending contracts become void, the Attorney General may seek injunctions and civil penalties of up to $50,000 per violation, and injured parties may recover damages — including treble statutory damages — plus court costs and attorney fees. Insurers and risk managers have praised the measure as a landmark curb on litigation abuse.

The law's sweeping language has also raised concerns beyond the funding sector. Practitioners warn that it creates uncertainty around routine corporate advancement and indemnification of directors, officers, and LLC members, potentially conflicting with longstanding protections under the state's Business Corporation Act.

Burford Capital Shares Plunge After US Appeals Court Voids $16 Billion YPF Judgment Against Argentina

Burford Capital's shares have fallen nearly 50% after the US Court of Appeals for the Second Circuit overturned a $16 billion judgment against Argentina in the long-running YPF case — a ruling that had represented the single largest asset on the litigation funder's books. The reversal marks one of the most consequential setbacks the litigation finance industry has seen, given how central the award had become to Burford's valuation.

As reported by City AM, the Second Circuit reversed a 2023 decision by the US District Court for the Southern District of New York that had ordered Argentina to pay roughly $16 billion to two minority shareholders, Petersen Energía and Eton Park, whose claims were financed by Burford. The dispute stems from Argentina's 2012 expropriation of a 51% stake in oil major YPF from Spain's Repsol.

The appeals court found that the plaintiffs' breach-of-contract claims failed as a matter of Argentine law, justifying the reversal. The market reaction was immediate: Burford's stock dropped nearly 50% on the NYSE and more than 46% in London — its steepest decline since July 2020.

The parties have 14 days to apply for a rehearing, and Burford has signaled that it may petition the US Supreme Court or pursue investment treaty arbitration. For an industry that has increasingly leaned on marquee, high-value judgments to demonstrate returns, the ruling is a stark reminder of the binary risk embedded in single-case exposure.

Omni Bridgeway Marks 40th Anniversary With Band 1 Chambers 2026 Rankings

Omni Bridgeway has secured top-tier recognition in the Chambers and Partners Litigation Support Guide 2026, earning Band 1 rankings in both Litigation Funding and Global Asset Tracing and Recovery. The recognition arrives as the ASX-listed funder marks its 40th anniversary, underscoring its standing as one of the largest and longest-established players in global legal finance.

According to Omni Bridgeway, the firm was ranked Band 1 across International Arbitration, US Intellectual Property, Europe, Singapore, the Middle East, and Canada, and Band 2 in the United Kingdom, United States, and Latin America. With operations spanning 24 international locations, the funder positions itself as a global leader in legal finance and risk management.

Central to Omni Bridgeway's pitch is an end-to-end capability that runs from case inception through post-judgment enforcement and recovery — a breadth reflected in its separate Band 1 ranking for global asset tracing and recovery, an area demanding cross-border coordination and strategic execution. The firm emphasizes disciplined capital deployment and a focus on realized outcomes across jurisdictions.

The Chambers rankings, based on months of independent research and confidential client interviews, are among the legal industry's most closely watched benchmarks. One client, quoted in connection with the recognition, likened litigation funding to investing: "sometimes money is just money, but other times, you have a partner that cares about their investment and wants it to grow." For Omni Bridgeway, four decades in, the results reaffirm a market-leading position as the funding sector continues to professionalize and expand.

UK’s FCA Motor Finance Redress Scheme Partly Suspended Amid Legal Challenges

The UK Financial Conduct Authority's roughly £9.1 billion motor finance redress scheme has been partly suspended after the Upper Tribunal agreed to pause key elements pending the outcome of four legal challenges. Under the suspension, lenders are no longer required to calculate compensation, make payments, or contact eligible consumers, though they must continue to comply with the rules that remain in force.

As reported by Reuters, the challenges come from three car finance lenders — CA Auto Finance, Mercedes-Benz Financial Services, and Volkswagen Financial Services — alongside the consumer group Consumer Voice, which is pressing for larger payouts. All four argue that the rules underpinning the mass redress scheme are unlawful in whole or in part and are asking the court to quash or invalidate them.

The scheme is intended to compensate motor finance customers treated unfairly between 2007 and 2024, a period in which the FCA says undisclosed commission arrangements between lenders and dealers incentivized brokers to inflate interest rates. Hearings before the Upper Tribunal are expected around mid-November 2026 and could extend into 2027, with actual redress potentially delayed to 2027 or beyond.

The suspension adds fresh uncertainty to a landscape in which funded commission litigation is already advancing through the courts — including the recent Court of Appeal ruling permitting omnibus claim forms — and sharpens the question of whether affected consumers will ultimately recover through the regulator's scheme or through the courts.

AdvoCap Launches Nationwide Case Expense Insurance for Contingent-Fee Firms

AdvoCap Insurance Agency, a subsidiary of case-cost financier Advocate Capital, has launched a Case Expense Insurance Program aimed at plaintiff and contingent-fee law firms across the United States. The product is designed to protect the substantial sums firms advance to move litigation forward, adding a risk-management layer to a corner of the market where firms have traditionally shouldered those costs alone.

According to PR Newswire, the program covers eligible case expenses in qualifying matters, including expert witness fees, medical record retrieval, deposition costs, and accident reconstruction. By insuring against unrecovered litigation expenses, the offering aims to strengthen firm balance sheets, improve cash-flow predictability, and give attorneys greater confidence to invest in meritorious cases.

"Plaintiff firms routinely make significant financial commitments before seeing any return," said Donna Jones, President of Advocate Capital and AdvoCap Insurance. "This program provides an additional layer of protection that can help firms grow strategically, manage uncertainty, and continue investing in the cases that matter most to their clients."

The launch reflects the continued convergence of litigation finance and insurance, as providers build products around the capital that contingent-fee practices tie up in active cases. For firms weighing how aggressively to fund their dockets, tools that de-risk advanced case costs increasingly sit alongside traditional case-expense financing as part of the plaintiff bar's capital toolkit.

ProLegal Expands Into Kansas as State’s New Consumer Legal Funding Law Takes Effect

Consumer legal funder ProLegal has expanded its pre-settlement funding operations into Kansas, timing its entry to the July 1 effective date of the state's new Transparency in Consumer Legal Funding Act. The move opens a market that had effectively been closed to funders, and signals how newly enacted state frameworks are reshaping where the consumer funding industry can operate.

According to ProLegal, the company provides non-recourse cash advances to plaintiffs, typically within 24 to 48 hours, with approval based on the strength of the underlying legal claim rather than credit history or employment. Because the funding is non-recourse, a plaintiff who does not prevail owes nothing.

Kansas had previously been inaccessible to funders after the state's banking commission classified litigation funding as lending, subjecting it to restrictions that made operations impractical. The new Act clarifies the industry's legal standing by recognizing consumer legal funding as a non-recourse advance in which the funder assumes the full risk of loss.

The law also embeds consumer protections that mirror a broader national trend: funders may request updates on a claim's status but are barred from influencing whether, when, or for how much a case settles, and may not interfere with the independent judgment of the plaintiff's attorney. For ProLegal, the expansion reflects both a commercial opportunity and the growing role that clear statutory regimes play in legitimizing consumer legal funding across new jurisdictions.

Delaware’s Funder-Disclosure Order Is Redrawing the Map of Patent Litigation

Fresh analysis of court data is sharpening the debate over whether mandatory disclosure of third-party litigation funding drives cases out of jurisdictions that require it. The evidence increasingly suggests it does — with patent filings in Delaware falling sharply after its federal court began compelling litigants to reveal their funders, even as neighboring courts that keep funding confidential absorb the overflow.

As reported by MLex, the data traces back to the April 2022 standing order issued by Delaware Chief Judge Colm Connolly, which requires parties to identify third-party funders, describe the nature of the backing, and state whether a funder's approval is needed for litigation or settlement decisions. A University of Utah study by law professor Jonas Anderson found that patent filings in Delaware dropped 41% in the two years after the order — from 1,899 to 1,121 cases — compared with a national decline of just 15% over the same period. By 2024, only one funded patent case was filed in Connolly's courtroom.

The pattern points to venue migration rather than a genuine decline in disputes. Courts without disclosure requirements, including districts in Texas, have become more attractive to funded plaintiffs, while the District of New Jersey — which has required disclosure since June 2021 — counted just 88 funded cases among some 40,000 filings.

With litigation finance now a roughly $15 billion industry and patent cases its single largest category at around 19%, the findings feed directly into a national policy fight over whether funding arrangements should be disclosed as a matter of course.

Loopa Finance Earns Chambers 2026 Band 1 in Latin America and Rises to Band 3 in Europe

Loopa Finance has strengthened its standing in the global litigation funding market with its latest recognition from Chambers and Partners, which named the firm Band 1 in Latin America in the Litigation Support – Litigation Funding category and advanced it to Band 3 in Europe. The dual ranking reflects the funder's continued expansion across both regions and its growing presence in one of the world's most competitive markets for legal finance.

According to Loopa Finance, the 2026 edition also individually ranked four members of its team: Managing Partner Fernando Folgueiro, General Counsel Europe Ignacio Delgado, Investment Manager Marina Gouveia, and Head of Legal Federico Muradas. The firm framed the distinctions as validation of a multidisciplinary team combining legal expertise, financial analysis, and strategic vision across multiple jurisdictions.

"This recognition is the result of a philosophy that places our clients at the center of everything we do," said Folgueiro, adding that Loopa's aim is to develop financing solutions that "expand access to justice and enable the strongest claims to move forward based on their merits, regardless of access to capital."

The rankings arrive as Loopa builds on recent momentum, including the close of its USD 70 million Fund III, which significantly increased its capacity to finance litigation, international arbitration, and other high-value legal assets. Executives pointed to Brazil's sophisticated legal ecosystem and maturing European markets such as Italy and Portugal as areas of particular opportunity as the firm continues its pan-regional expansion.

Independence Day Op-Ed Frames Consumer Legal Funding as the Freedom to Pursue Justice

In an Independence Day editorial, the Alliance for Responsible Consumer Legal Funding (ARC) argues that meaningful freedom includes the ability of injured Americans to pursue their legal claims without financial desperation forcing them into unfair settlements. The piece positions consumer legal funding as a practical tool for keeping the outcome of a case tied to its facts rather than to a plaintiff's bank balance.

Writing in the National Law Review, ARC president Eric Schuller contends that "justice delayed can quickly become justice denied when mounting bills force individuals into decisions they otherwise would never make." Defendants, he argues, understand this dynamic and can use the length of the civil justice process to pressure vulnerable plaintiffs into accepting less than their claims are worth.

Schuller distinguishes consumer legal funding from commercial litigation finance and traditional lending. These are typically small, non-recourse advances — often $3,000 to $5,000 — used for everyday necessities such as rent, groceries, and medical bills while a claim proceeds. Because the funding is non-recourse, a consumer who loses the underlying case owes nothing. ARC's guiding principle, he writes, is "Funding Lives, Not Litigation."

The editorial also makes the case for responsible oversight, endorsing disclosure requirements, attorney acknowledgment, and prohibitions on funders influencing litigation strategy — safeguards intended to protect consumers while preserving their access to the tool.

Nera Capital Backs Landmark Court of Appeal Ruling for Motor Finance Consumers

Litigation funder Nera Capital has welcomed a Court of Appeal judgment in the Angel v Black Horse Limited motor finance litigation, calling it a significant step forward for consumer redress and large-scale collective claims. The ruling confirms that where thousands of claims raise substantially the same legal and factual issues, they may proceed using omnibus claim forms rather than requiring each claimant to issue separate proceedings.

According to Nera Capital, which has supported the litigation from its earliest stages, the decision removes unnecessary procedural complexity and enables the more efficient progression of high-volume motor finance commission claims. "For consumers, the decision removes unnecessary procedural complexity and supports more efficient progression of claims, strengthening access to justice," a spokesperson said, adding that individuals with materially similar claims should not face additional delay or cost solely because of the scale of the litigation.

The funder framed the judgment as delivering benefits across the system. For law firms, it provides certainty in managing high-volume claims, allowing them to focus resources on the substantive merits rather than duplicating procedural steps across thousands of individual cases. For the courts, the endorsement of omnibus proceedings in appropriate cases supports more efficient use of judicial resources.

As one of the first funders involved in motor finance commission litigation, Nera Capital said it remains committed to enabling access to justice through financial support for complex, large-scale claims. "This is a landmark decision for collective consumer litigation in England and Wales," a spokesperson said. "We have funded the Angel litigation from the outset because we believed consumers deserved a clear, efficient and proportionate route to redress." The ruling establishes a procedural framework for the next phase of claims as substantive issues continue to be determined.

AI Is Making Litigation Profitable at Smaller Claim Sizes

Artificial intelligence is lowering the cost of building a legal case, and in doing so it is reshaping the economics of litigation finance by making smaller claims viable to pursue. As the expense of scoring, sorting, and preparing cases falls, so too does the minimum claim size at which litigation — and the funding behind it — becomes worthwhile.

As reported by PYMNTS, plaintiff firms are increasingly deploying AI to identify promising cases and concentrate resources on those flagged as most likely to produce substantial verdicts. Under the contingency-fee model, that targeting turns previously uneconomical claims into candidates for investment. One analysis found that 56 plaintiff firms focused on transportation claims spent more than $228 million annually on paid search advertising, with roughly 88% running active campaigns — a measure of how aggressively the plaintiffs' bar is scaling case acquisition.

The pressure is most visible in commercial auto liability, where the loss-and-defense-cost ratio reached 87.6 in 2024, the highest in eleven years, and the line posted a $4.9 billion underwriting loss — its fourteenth consecutive year in the red.

For litigation funders, the shift is double-edged. AI expands the universe of fundable claims and could help drive the market toward a projected $50 billion by the mid-2030s, but it also intensifies competition for the most promising cases and raises fresh questions about how efficiently capital is deployed. As the technology matures, the economics of what counts as a "fundable" claim are being rewritten in real time.

New Jersey Assembly Passes Third-Party Litigation Funding Disclosure Bill

The New Jersey General Assembly has passed legislation requiring the disclosure of third-party litigation funding agreements, advancing the state toward becoming the latest to impose transparency obligations on the funding industry. The bill cleared the Assembly by an overwhelming margin, even as companion legislation in the state Senate has drawn pushback from trial lawyers and litigation finance representatives.

As reported by Law360, the measure requires parties to disclose the existence of third-party litigation funding arrangements and establishes a set of responsibilities for funders. Notably, the bill is framed as protecting plaintiffs as much as defendants: it requires funders to act in the best interests of the funded party, prohibits them from interfering with litigation decisions, and ensures that plaintiffs retain control over their own cases.

Supporters, including the New Jersey Business & Industry Association, argue that disclosure is essential because undisclosed funding can create conflicts of interest, complicate judicial administration, and allow funders to exert hidden influence over litigation. Opponents counter that mandatory disclosure risks exposing strategic information and chilling legitimate access to capital.

New Jersey's move reflects a broader national trend, with a growing number of states and federal proposals seeking to bring third-party funding arrangements into the open. With the Assembly bill now passed, attention turns to the Senate, where the industry's resistance may shape whether — and in what form — the disclosure regime ultimately becomes law. For funders operating in the state, the vote is a signal that transparency requirements are gaining legislative momentum.

UK’s Largest Housebuilders Face £4.5bn Burford-Funded Class Action Over New-Build Pricing

Nine of Britain's biggest housebuilders are facing a collective action at the Competition Appeal Tribunal alleging they unlawfully shared competitively sensitive information that inflated the price of new-build homes. The claim, valued at between £2.2 billion and £4.5 billion, is backed by Burford Capital and stands as one of the most significant funded consumer competition cases to reach the CAT this year.

As reported by PropertyWire, the action is brought by class representative Mark McLaren on behalf of more than 700,000 people who purchased a new-build home in Great Britain between October 2015 and June 24, 2026. The defendants include Barratt Redrow, Bellway, Persimmon, Taylor Wimpey, Vistry Group, The Berkeley Group, Bloor Homes, and Countryside Partnerships. Court documents allege the builders exchanged information on prices, buyer incentives, and sales activity, reducing competition and leaving buyers paying more than they should have.

Burford Capital has committed up to £29 million to the proceedings, meaning class members bear no financial risk and pay nothing if the claim fails. Estimated compensation ranges from £3,100 to £6,200 per affected homeowner.

The case underscores the central role litigation finance now plays in enabling large-scale UK collective actions, where the cost and complexity of pursuing hundreds of thousands of claims would be prohibitive without third-party capital. It also places one of the world's largest funders behind a high-profile consumer claim against a politically sensitive industry, ensuring the proceedings will be closely watched as they advance.

LCM Secures Covenant Waiver Extension as Fresh Case Write-Downs Loom

Litigation Capital Management has won another short extension of the covenant waiver on its debt facility, buying the funder additional time to resolve its capital structure while it pursues a strategic review. The AIM-listed funder paired the announcement with a warning of fresh write-downs on two case investments, sending its shares sharply lower.

As reported by Proactive Investors, lender Northleaf agreed to extend the covenant waiver by one month, to June 30, with the loan's interest margin remaining two percentage points higher than its standard rate but without an additional waiver fee. The extension follows earlier waivers granted in December 2025 and January 2026, underscoring the prolonged nature of LCM's efforts to stabilize its balance sheet.

Alongside the waiver, LCM disclosed adverse developments in two case investments carrying roughly A$9 million of deployed capital, which are expected to produce material write-downs in its next set of financial statements. Investors reacted by sending the stock down around 13%.

The update lands as LCM continues a strategic review aimed at addressing the mismatch between its funding commitments and available capital — a challenge that has weighed on several listed funders as longer case durations and adverse outcomes test the patience of lenders and shareholders alike. How LCM resolves its covenant position in the coming weeks will be closely watched as a barometer for the listed litigation finance sector.

New Zealand Family Law Firms Turn to Third-Party Funding to Ease Cashflow Crunch

New Zealand family law practices are increasingly treating third-party funding as a core part of their business model rather than a last resort, as firms look to convert uncertain and delayed fee recovery into secured, predictable revenue. The shift reflects a broader migration of litigation finance into the consumer and family-law space, where client liquidity — not the merits of a matter — often dictates whether a case proceeds.

As reported by LawFuel, Australian-based family law funder JustFund, which launched in New Zealand last year, has now approved close to NZ$5 million in funding across 92 accredited firms, with its loan book growing 36% in the most recent quarter. Once funding is approved, invoices are paid within 24 hours, shifting the financial risk of delayed settlements away from the firm.

The model assesses funding against expected property settlements, a structure suited to family disputes where assets exist but remain locked up until resolution. New Zealand recorded 7,887 divorces in 2025, up 5% on the prior year, underscoring steady demand.

Lauren Milne, JustFund's Director of Family Law, said firms are increasingly "bringing funding into matters earlier, embedding it into client onboarding rather than waiting for payment issues to emerge." The trend points to a maturing market in which funding is positioned not as a rescue mechanism for distressed matters but as standard infrastructure for managing a practice's cashflow — even among clients whose income belies their short-term capacity to pay.

High Court Rules Litigation Funding Documents Are Not Protected by Privilege

The English High Court has ruled that communications generated to secure third-party funding are not shielded by litigation privilege, a decision that sharpens the disclosure risks facing funded claimants and the funders who back them. The ruling came in the long-running £300 million-plus claim brought by some 13,000 black-cab drivers against Uber, which alleges the company misrepresented its business model to Transport for London.

As reported by Legal Futures, Mr Justice Birt rejected arguments that documents passing between the claimants' solicitors, Mishcon de Reya, their litigation funder, and the Licensed Taxi Drivers' Association were covered by litigation privilege. Uber had sought disclosure of materials created between late 2017 and October 2018 — before the claimants had formally instructed solicitors — and the court agreed they were disclosable.

Central to the judgment was a distinction the court drew between a party assessing its own potential claim, which attracts privilege, and a funder evaluating whether to support someone else's litigation, which does not. The documents' dominant purpose, the judge found, was to enable a funding decision rather than to conduct litigation. As one firm observing the case put it, "the decision to fund litigation is not itself conduct of litigation."

The practical implications are significant. Defendants in group actions may now gain access to early communications that reveal what claimants knew, and when, while prospective litigants are being urged to weigh carefully what information they share with funders before a claim is formally underway.

UK Tribunal Orders Large Publishers Into Disclosure in £13.6bn Google Ad Tech Claim

The UK's Competition Appeal Tribunal has ruled that major corporate class members in the £13.6 billion Ad Tech Collective Action against Google can be compelled to participate actively in the litigation, a decision that reshapes expectations about what "passive" membership in a funded class action entails. The funded claim alleges that Google abused its dominance across the advertising-technology supply chain to the detriment of online publishers.

As reported by Tech Times, the Tribunal drew a deliberate line between small, genuinely passive beneficiaries and large institutional publishers with the resources and organizational capacity to produce relevant documents. For the latter group, the ruling holds, class membership is not a shield against disclosure obligations — they may be required to contribute to the evidentiary record despite not being named claimants.

The action is brought by Ad Tech Collective Action LLP, led by former Ofcom director Claudio Pollack, and is backed by a subsidiary of litigation funder Fortress, meaning class members bear no direct financial risk. The claim is represented by Hausfeld, Humphries Kerstetter, and Geradin Partners.

The decision matters for the economics of large funded opt-out claims: greater disclosure burdens on sizeable class members could affect case management, cost, and participation incentives in future collective actions. The Tribunal has listed the trial for September 2028, with a hearing expected to run twelve weeks.

Insolvency Litigation Funder Manolete Reports Record Year

Manolete Partners, the AIM-listed specialist in insolvency litigation finance, has reported a record year across several operational metrics for the twelve months ended March 31, 2026, even as realised revenue dipped and its share price slid. The funder, which finances claims pursued by insolvency practitioners in exchange for a share of recoveries, framed the results as the foundation for an ambitious next phase of growth.

As reported by Legal Futures, Manolete logged an all-time high of 1,027 case referrals, up 15%, and ended the year with 446 live cases and a forward book valued at £67 million — a 37% increase year-on-year. The proportion of larger claims grew, with cases expected to generate £500,000 or more accounting for £32 million of the forward book, up from £21 million. Average claim value rose to £158,000 from £124,000.

Realised revenue fell 6.5% to £28 million, but gross margin improved five percentage points to 37%, and a single truck-cartel settlement returned £3.2 million — a 560% return on the cash invested. Profit before tax margin remained thin at 0.4%.

Chief Executive Mena Halton, who took the role in August 2025, said the company "strengthened our team and new business development function to support the next phase of growth." Manolete set medium-term targets including realised revenue of £42 million and a 12% profit-before-tax margin, signaling confidence in the depth of the UK insolvency litigation market despite the stock's decline to 36p.

Global Funding Dynamics Are Reshaping Australian Class Action Risk

Australian companies face a class action landscape increasingly shaped by events beyond their borders, according to new analysis warning that overseas litigation, foreign regulatory activity, and global litigation funding flows now operate as leading indicators of claims that later emerge at home. For boards and executives, the message is that domestic precedent alone no longer defines exposure.

As reported by Corrs Chambers Westgarth, plaintiff firms are explicitly modeling Australian claims on foreign proceedings — in one instance announcing it was "investigating how an Australian claim could be run" following a U.S. technology ruling. The pattern spans medical products, automotive, and technology, with expansion anticipated into privacy, data, cyber, and climate-related disputes.

Foreign regulatory enforcement frequently acts as the catalyst. When overseas regulators scrutinize issues such as PFAS contamination or particular medications, Australian plaintiff firms often follow, leveraging the country's flexible consumer protection framework to build comparable claims.

Litigation funding plays a central role in this dynamic, with capital moving across jurisdictions to balance risk and return. The analysis notes that recent Australian court decisions — including rulings on common fund orders and confirmation of soft class closure — are expected to attract greater global funding capacity, potentially increasing both the volume and the resourcing of claims.

The practical takeaway for senior decision-makers is to monitor international developments proactively. Understanding overseas litigation strategies, regulatory priorities, and funding trends has become essential to anticipating exposure before Australian proceedings materialize.

Which? Advances £3 Billion Funded Class Action Against Apple

The UK's Competition Appeal Tribunal has certified a £3 billion collective claim against Apple, allowing one of the country's largest consumer actions to proceed toward trial. The case, brought by consumer group Which?, alleges that Apple abused its dominant position in the iOS ecosystem by unlawfully favoring its own iCloud service over competing cloud storage providers.

As reported by The Global Legal Post, the tribunal certified the proceeding on June 25, 2026, sweeping in roughly 39 million UK consumers who used iCloud between November 2018 and June 2026. The opt-out structure means eligible UK residents are automatically included, while non-UK residents from the relevant period may opt in by October 8, 2026. Successful class members could recover up to £77 each, with trial scheduled for October 2028.

Which?, acting as class representative, has the backing of Litigation Capital Management's UK subsidiary, which is funding the claim. Notably, the tribunal dismissed Apple's objections to that funding arrangement — a point of continued significance as UK courts refine the rules governing third-party finance in the wake of the PACCAR decision.

Apple rejected the allegations, stating that it "rejected any suggestion that our iCloud practices are anti-competitive" and pointing to "plenty of alternatives to choose from." The certification marks another milestone for funder-backed collective actions in the UK, where well-capitalized consumer claims against major technology platforms continue to test the limits of competition law.

Pogust Goodhead Secures $150M and Quinn Emanuel as BHP Damages Battle Looms

Pogust Goodhead has lined up fresh capital and elite co-counsel for the next phase of its landmark claim against mining giant BHP over the 2015 Mariana dam collapse in Brazil — one of the largest group actions ever brought in the English courts. The firm announced $150 million in new funding from Gramercy Funds Management, with an initial $85 million tranche, alongside a strategic partnership with U.S. litigation powerhouse Quinn Emanuel.

As reported by The Global Legal Post, Quinn Emanuel will join as co-counsel for the quantum phase of proceedings, led by partner Justin Michelson and beginning in October 2026. The injection of funding and firepower comes as the case shifts from establishing liability to determining how much BHP must pay claimants.

The litigation has already cleared significant hurdles. In November 2025, Justice O'Farrell ruled BHP "strictly liable" for the Fundão dam failure, and the Court of Appeal rejected BHP's bid to challenge that finding in March 2026. Pogust Goodhead has secured an interim costs award of roughly £43 million, with claimants awarded 90% of their Stage 1 costs.

The road ahead remains long. The Stage 1 quantum trial is set for October 2026, with further proceedings on causation, loss, and damages scheduled across 2027 and closing submissions expected in March 2028. Damages assessments could extend well beyond 2030, underscoring both the scale of the claim and the staying power that third-party capital provides.

Omni Bridgeway Spotlights the Demands of Funding International Arbitration

Omni Bridgeway, one of the world's largest legal finance providers, has released new content underscoring the specialized expertise required to fund international arbitration — disputes that frequently span multiple jurisdictions, legal systems, and languages. The piece positions the funder's cross-border capabilities as central to navigating an increasingly complex global disputes market.

According to Omni Bridgeway, funding international arbitration effectively demands a combination of "global expertise and local knowledge." The firm — listed on the ASX with 24 offices worldwide — points to a team that includes former arbitration lawyers and litigators, arbitrators, leaders of arbitral institutions, and business users of arbitration as the basis for its claim to be a global leader in the space.

The content emphasizes capabilities that distinguish arbitration finance from domestic litigation funding: risk assessment across multiple jurisdictions, cultural and multilingual fluency, and access to worldwide professional networks. Each reflects the reality that an arbitration award secured in one forum may still require enforcement efforts in several others before a funder or claimant sees a return.

While the material is promotional in nature, it reflects a broader trend: rising demand for capital and risk-sharing in cross-border disputes as international arbitration continues to grow. For claimants weighing whether to pursue complex multinational claims, the involvement of specialized funders increasingly shapes which cases move forward — and how far they can be pressed.

In Jackson Hospital Bankruptcy, Funders and Lawyers Sit Ahead of the Hospital in Settlement Waterfall

A court filing in the bankruptcy of Montgomery-based Jackson Hospital reveals that, under a joint prosecution and funding agreement, litigation funders and lawyers would be paid ahead of the hospital itself if its lawsuit against Blue Cross and Blue Shield of Alabama produces a settlement. The arrangement offers an unusually clear public window into how a funded litigation recovery can be distributed.

As reported by Alabama Daily News, Jackson Hospital filed for bankruptcy and sued Blue Cross, arguing that only higher insurance reimbursement rates can keep the facility open. Its current operations are financed through a debtor-in-possession loan from Jackson Investment Group (JIG).

According to the agreement, any settlement proceeds would follow a strict waterfall: first, JIG's legal expenses; second, repayment of JIG's investment, including accrued and unpaid interest; and only then a split of what remains, with 70% directed to Jackson Hospital Corporation for its obligations to JIG and 30% to a nonprofit of JIG's choosing. The hospital itself effectively ranks third in the payment hierarchy.

The structure highlights a recurring tension in litigation finance: a courtroom victory does not always translate into the outcome a funded party most needs — here, the survival of the hospital. U.S. Bankruptcy Judge Christopher Hawkins has scheduled a status hearing for June 30, leaving the ultimate distribution, and the hospital's future, unresolved.

As New York’s Litigation Lending Law Takes Effect, a Nonprofit Funder Pushes an Alternative Model

As New York's new consumer litigation lending law takes effect, a Buffalo-based nonprofit is positioning itself as an alternative to the traditional, for-profit funding model the legislation is designed to rein in. The Milestone Foundation, backed by a newly formed advisory council and a client base of roughly 1,000, says its approach is built around reshaping how plaintiffs access funds while their cases are pending.

As reported by Law.com, the foundation is seeking to differentiate itself from conventional consumer litigation lenders, which advance cash to plaintiffs in personal injury and other cases in exchange for a share of any eventual recovery. Critics of that model have long argued that compounding fees can consume an outsized portion of a plaintiff's award, a concern that helped drive New York's move toward tighter regulation.

The timing is notable. New York's law arrives amid a broader national reckoning over consumer legal funding, with several states weighing disclosure requirements, rate caps, and other guardrails on the practice. By advancing a nonprofit alternative as the regulatory landscape shifts, the Milestone Foundation is testing whether a mission-driven structure can coexist with — and compete against — established commercial funders.

The development underscores how regulation and market innovation are increasingly moving in tandem within consumer legal funding. For plaintiffs, lawyers, and funders alike, New York's experience may offer an early indication of how alternative models perform once stricter rules are in place.

Privilege Expert Argues TPLF Agreements Are Not Automatically Shielded From Disclosure

A new comment letter to the Advisory Committee on Civil Rules contends that third-party litigation funding (TPLF) agreements do not automatically qualify for protection under the attorney-client privilege or the work-product doctrine — directly challenging one of the funding industry's central objections to a federal rule mandating disclosure.

According to AskAboutTPLF, an initiative of Lawyers for Civil Justice, the letter was authored by Bradley partner and privilege specialist Todd Presnell, who takes no position on whether a disclosure rule should be adopted. Presnell argues that TPLF agreements fail all four requirements needed to trigger attorney-client privilege: they are not communications, they are not between a client and lawyer, they lack confidentiality because funders are not parties to the litigation, and they do not contain legal advice or strategy. On that basis, he writes that he does "not perceive the attorney-client privilege or work-product doctrine as a barrier to adopting a mandatory-disclosure rule."

Two recent rulings are cited as support. In *Entangled Media, LLC v. Dropbox Inc.* (N.D. Cal., April 13, 2026), a court permitted a funded plaintiff to seal specific financial terms after in camera review while ordering production of the remainder of the agreement. In *A Co. Hungary KFT v. Bespalov* (Cal. App. 2d Dist., April 22, 2026), an appellate court affirmed $8,000 in sanctions against a judgment debtor who asserted work-product privilege as a blanket objection, holding that privilege claims over funding records must be made document by document.

The campaign argues these cases show courts already redact, seal, and log privileged materials routinely, and that TPLF agreements require no different treatment.

North Carolina Becomes First State to Ban Third-Party Litigation Funding

North Carolina has become the first state in the nation to enact an outright ban on third-party litigation funding, after Governor Josh Stein signed House Bill 315 into law. The measure makes it unlawful for outside investors to finance civil lawsuits in exchange for a financial interest tied to the outcome of the case, marking a significant departure from the disclosure-and-transparency approach adopted by other states.

As reported by WWAY-TV3, the law defines litigation investment as providing money for the fees, costs, or expenses of pending or potential civil proceedings in return for compensation contingent on the result. The statute authorizes the state attorney general to seek injunctions and civil penalties against violators, though certain activities are carved out from the prohibition.

The bill drew broad legislative support, passing the House unanimously and clearing the Senate by a 45-1 margin. Business groups, including the North Carolina Chamber and the U.S. Chamber of Commerce's Institute for Legal Reform, backed the measure, arguing it strengthens the state's legal and business climate. Critics counter that third-party funding can expand access to the courts for parties who otherwise lack the resources to pursue meritorious claims.

The development represents a notable escalation in the regulatory debate over litigation finance in the United States. While states such as Ohio and others have advanced transparency requirements, North Carolina's outright prohibition sets a new precedent that funders, defense interests, and legislators in other jurisdictions are likely to watch closely.