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Gen Re Calls for EU-Wide Third-Party Litigation Funding Regulation

By John Freund |

The reinsurance industry is adding its voice to growing calls for a unified regulatory framework for third-party litigation funding across Europe.

As reported by Gen Re, the European litigation funding market now includes more than 300 funders operating with limited transparency and fragmented oversight across EU member states. The publication highlights a significant regulatory gap, with most countries allowing TPLF under general contract law while lacking specific rules around disclosure, conflicts of interest, or funder control over litigation strategy.

The Netherlands and Germany lead Europe as the most developed markets, while Ireland still prohibits outside litigation funding under common law. France, Spain, and Portugal have introduced or are considering consumer-focused legislation, but no harmonized EU-wide framework exists.

Insurance Europe and the Reinsurance Advisory Board have both called for regulation at the EU level, arguing it is necessary to maintain trust in the justice and financial systems. Their primary concerns include a lack of transparency about funding arrangements, potential conflicts of interest, rising litigation costs, and insufficient investor oversight.

Proponents of the industry counter that professional funders improve access to justice for under-resourced claimants and help filter out weak claims through rigorous due diligence. A cross-sector group of business associations issued a joint statement in January 2026 renewing their call for proportionate, harmonized EU-level rules.

The Next Battleground in Consumer Legal Funding: Discovery and Transparency

By John Freund |

A growing legal debate is taking shape over whether consumer legal funding agreements should be subject to discovery during litigation, with significant implications for plaintiffs and the funding industry alike.

As reported by the National Law Review, Eric Schuller of the Alliance for Responsible Consumer Legal Funding argues that mandatory disclosure requirements create strategic advantages for defendants by exposing plaintiffs' financial vulnerabilities and sensitive underwriting information.

Defendants and insurers have increasingly pushed for access to funding agreements, framing their requests as transparency measures. Proponents say disclosure could reveal whether funders are influencing litigation strategy and promote accountability in the civil justice system.

Critics counter that forcing plaintiffs to produce funding contracts may discourage injured individuals from seeking legitimate financial assistance during lengthy cases. Consumer legal funding arrangements are non-recourse, meaning plaintiffs repay only if their case results in a successful settlement or verdict.

Several states have proposed or enacted laws requiring varying degrees of disclosure — from simple notification that funding exists to full production of contract terms. The debate reflects broader tensions between transparency and consumer protection that continue to shape litigation funding regulation across the country.

Mastercard and Visa Secure Appeal in UK Multilateral Interchange Fee Battle

By John Freund |

The London Court of Appeal has granted Mastercard and Visa permission to challenge a landmark ruling that found their multilateral interchange fees in breach of European competition law, extending one of the most significant funded litigation battles in UK history.

As reported by PYMNTS, the appeal follows a unanimous June 2025 decision by the UK Competition Appeal Tribunal in favor of hundreds of merchants who alleged they had been paying excessive fees.

Both payment networks welcomed the ruling. A Visa representative stated that interchange is "a critical component to maintaining a secure digital payments ecosystem that benefits all parties." Scott+Scott, the law firm representing the merchant claimants, called the original tribunal decision "a significant win for all merchants" and expressed confidence in defending it on appeal.

The case has drawn significant attention from the litigation funding community, as merchant claims against card networks have become a major category of funded litigation in the UK. Similar proceedings continue in the United States, where the Visa-Mastercard interchange fee class action produced a settlement estimated between $5.56 billion and $6.26 billion.

Federal Reserve research indicates that approximately 86 percent of interchange fees fund cardholder rewards programs — a dynamic at the center of the ongoing legal disputes on both sides of the Atlantic.

California Targets Litigation Funding with New Regulations

By John Freund |

California lawmakers are pursuing new regulations aimed at the litigation funding industry, adding the state to a growing list of jurisdictions seeking to impose oversight on third-party funding practices.

As reported by the Daily Journal, California legislators have introduced measures that would bring increased transparency and regulatory scrutiny to the litigation funding sector. The move comes as states across the country grapple with how to regulate an industry that has grown rapidly in recent years.

The proposed regulations reflect broader national momentum toward litigation funding oversight. Several states have already enacted or proposed disclosure requirements and other regulatory frameworks, while federal legislation including the Litigation Funding Transparency Act of 2026 remains under debate in Congress.

California's entry into the regulatory conversation is significant given the state's outsized role in the U.S. legal market. As one of the largest jurisdictions for both consumer and commercial litigation, any regulatory framework adopted in California could serve as a model for other states considering similar measures.

The development adds to an increasingly active regulatory landscape for litigation funders, who face growing calls for transparency from lawmakers, courts, and industry groups alike.

Australian Court Rules Against Litigation Capital Management Client

By John Freund |

Litigation Capital Management saw its shares decline after an Australian court delivered an unfavorable judgment against one of its funded clients in a commercial dispute.

As reported by Sharecast, LCM had invested A$1.4 million of shareholder capital in what it described as a "small case investment." The company confirmed that the court found against its funded party, sending shares down approximately 6.5% in early trading.

LCM stated that it has after-the-event insurance in place to mitigate adverse cost risks associated with the ruling. The firm is currently reassessing the judgment alongside its legal representatives and the funded party, and is exploring potential next steps including the possibility of an appeal.

The outcome highlights the inherent risk-reward dynamics of the litigation funding model. While funders conduct extensive due diligence before committing capital, court outcomes remain uncertain. ATE insurance policies, which cover legal costs and disbursements if claimants lose their cases, serve as a protective measure against precisely this type of result.

LCM, which operates as a dispute financing solutions firm focused on commercial litigation, continues to manage a broader portfolio of funded cases across multiple jurisdictions.

Arbitration Finance Moves Into the Mainstream for Mining Disputes, Says Burford Capital

By John Freund |

Third-party arbitration financing has evolved from a niche practice into a mainstream strategic tool for mining companies facing international disputes, according to a senior Burford Capital director.

As reported by The Northern Miner, Burford Capital Director Jeffery Commission outlined how the sector has matured significantly. Commission noted that international arbitrations are "increasingly expensive," with average spend reaching at least $5 million and cases typically spanning three to five years.

The mining industry has been at the forefront of litigation funding adoption. Some of the earliest funded cases involved mining disputes, with Canadian junior mining companies pursuing claims against Latin American governments proving especially successful. Data shows rising numbers of mining-related disputes across major arbitration institutions including ICSID and the International Chamber of Commerce.

Burford's selection process remains highly rigorous — the firm rejects approximately 95% of claims it reviews. Key evaluation criteria include claimants' track records, project advancement stages, and respondent countries' histories of honoring arbitral awards.

Beyond cost-pressured junior miners, well-capitalized companies are now using arbitration finance strategically to monetize existing awards and deploy freed-up capital into core mining operations.

Omni Bridgeway CEO Raymond Van Hulst Discusses Firm’s Strategy in MST Access Spotlight Interview

Omni Bridgeway CEO Raymond Van Hulst sat down with MST Access for an in-depth interview on the firm's strategic positioning and outlook in the global litigation funding market.

As reported by MST Access via Mondaq, Van Hulst discussed Omni Bridgeway's investment approach and the growing opportunities for institutional capital in dispute financing.

The interview comes at a pivotal time for Omni Bridgeway. The firm recently closed a landmark transaction with Ares Management, which acquired a 70% stake in an Omni Bridgeway continuation vehicle for over $200 million. The deal underscored the increasing appetite among institutional investors for exposure to litigation finance as an alternative asset class.

Omni Bridgeway reported strong first-half FY26 results, with positive investment and financial performance across its portfolio. The firm continues to operate across multiple jurisdictions, funding commercial litigation, international arbitration, and enforcement proceedings worldwide.

The discussion highlighted how the litigation funding industry is maturing, with established funders like Omni Bridgeway attracting significant institutional backing and expanding the range of dispute financing solutions available to claimants and law firms.

Meta and Google Pivot Defense in Funded Social Media Addiction Trial to Plaintiff’s Personal History

By John Freund |

Meta and Google are shifting their defense strategy in a landmark social media addiction trial, turning attention to the 20-year-old plaintiff's personal circumstances rather than platform design. The case is backed by litigation funder Flashlight Capital through the Social Media Victims Law Center, with potentially billions of dollars at stake across related claims.

As reported by Bloomberg Law, Meta plans to call the plaintiff's therapists as witnesses to argue that her psychological issues stem from "turmoil in her family and school life rather than the platforms." Google intends to present YouTube usage data showing the plaintiff averaged only 30 minutes of daily use, contending that is not enough to qualify as addiction.

Meta stated that "the evidence simply doesn't support reducing a lifetime of hardship to a single factor," signaling a defense built around causation rather than product safety. The approach marks a notable pivot from earlier phases of the litigation, which focused more directly on platform design and algorithmic recommendations.

The case is being closely watched across the litigation finance industry as a bellwether for social media mass tort claims. Flashlight Capital's involvement underscores the growing role of third-party funders in backing large-scale consumer harm litigation, particularly in emerging areas where individual plaintiffs may lack the resources to take on major technology companies.

Arizona ABS Law Firms Face New Limits on Out-of-State Business

By John Freund |

Arizona's Judicial Council has approved new restrictions on the state's alternative business structure program, requiring ABS law firms to provide direct legal services and maintain meaningful operations within the state.

As reported by Bloomberg Law, the updated rules mandate that ABS firms "provide legal services — not just make referrals to other lawyers" and "devote at least part of their business to serving people in Arizona." The changes target firms that have used the ABS designation primarily as a vehicle for out-of-state business or referral networks.

Arizona's ABS program, which permits law firms to accept outside investment and have non-lawyer owners, was designed to reduce legal service costs for state residents. The model has attracted significant interest from litigation funders and investors seeking to participate in law firm economics, including through management service organizations that own administrative functions of legal practices.

The restrictions signal the Judicial Council's intent to ensure the program delivers on its original promise of expanding access to justice within Arizona rather than serving as a regulatory arbitrage opportunity. The development is significant for the litigation finance industry, as alternative business structures represent one of the most direct pathways for outside capital to flow into legal services delivery. Other states considering similar programs will likely watch Arizona's evolving framework closely.

Third-Party Arbitration Funding Sees Continued Growth Despite Industry Turmoil

By John Freund |

The third-party funding sector experienced significant upheaval in 2025 even as the market continued to expand, according to a new analysis from Akin Gump. What began as an almost unknown asset class has grown into a $20 billion industry, but operational challenges have reshaped the competitive landscape.

As reported by Akin Gump, Litigation Capital Management initiated a strategic review amid uncertainty, Therium pivoted to advisory services and paused direct funding, and a prominent funder faced civil fraud allegations in Jersey courts related to a $15 billion award against Malaysia. Meanwhile, Burford Capital acquired a stake in legal consultancy Kindleworth, and Omni Bridgeway spun off portfolio exposure into a continuation vehicle with Ares Management acquiring a 70% stake for over $200 million.

Funded arbitration claims remained active, with ICSID data showing 7% of newly registered 2025 cases involved a third-party funder. The secondaries market — where investors buy and sell existing stakes in funded cases — strengthened substantially, with Nera Capital closing a $50 million fund for acquiring interests in funded claims.

Regulatory approaches continue to diverge globally. The European Commission announced no plans to regulate third-party funding, and the UK's Arbitration Act 2025 omitted funding provisions entirely. In contrast, Singapore and Hong Kong expressly regulate the practice, while institutional rules from SIAC, HKIAC, and ICSID now require funding disclosure.

Counsel Financial Appoints Two Directors to Support Portfolio Growth and Capital Provider Solutions

By John Freund |

Counsel Financial, a provider of financial solutions for contingent-fee law firms and institutional investors in litigation finance, has appointed two new directors as part of a strategic expansion.

As reported by PR Newswire, Adam Mosher has joined as Director of Client Development for loan originations, where he will focus on facilitating loans ranging from $1 million to over $100 million for plaintiff law firms. Mosher previously held a senior business development position at a legal technology and settlement administration firm working with mass tort and class action clients.

Amanda Orzalek has been named Director of Client Solutions, overseeing service delivery for capital provider clients. Her responsibilities span underwriting, servicing, collateral management, and valuation work. Orzalek previously served as a senior product leader at a legal technology company and spent nearly a decade managing asbestos trust claims administration.

COO Megan Payne said the hires reflect "our commitment to building a best-in-class platform." Counsel Financial reports having deployed over $2 billion across more than 25 years of operations, combining legal expertise with underwriting and servicing capabilities. The appointments signal the company's continued investment in scaling its plaintiff law firm financing business and deepening its institutional investor services.

Legal Bay Pre-Settlement Funding Highlights Financial Relief Options for Motor Vehicle Accident Plaintiffs

By John Freund |

Legal Bay LLC, a leading provider of pre-settlement funding and lawsuit loans, announced that it continues to expand financial relief options for plaintiffs injured in motor vehicle accidents across the United States.

As reported by PR Newswire, the Newark, New Jersey-based company offers non-recourse legal funding, meaning plaintiffs only repay advances if their case results in a successful settlement or verdict. The company's underwriting team often completes applications within 24 to 48 hours of receiving case documentation.

Legal Bay funds cases involving cars, commercial trucks, buses, motorcycles, rideshare vehicles, and other motor vehicles. Beyond auto accidents, the company also finances personal injury lawsuits, medical malpractice claims, wrongful death litigation, product liability cases, and mass torts.

CEO Chris Janish stated that motor vehicle accidents "often lead to devastating injuries and unexpected financial strain." He added that the company's lawsuit funding programs "help plaintiffs gain access to immediate financial support so they can focus on recovery while their legal teams pursue the compensation they deserve." The announcement underscores the continued role of consumer legal funding in bridging the financial gap for plaintiffs navigating lengthy litigation timelines.

Art Van Furniture Chapter 7 Trustee Seeks Court Approval to Sell Visa-Mastercard Interchange Litigation Rights for $850,000

By John Freund |

The Chapter 7 trustee overseeing the bankruptcy estates of Start Man Furniture, LLC, formerly known as Art Van Furniture, has filed a motion seeking court approval to sell the company's rights in a major antitrust class action to Optium Fund 6 for $850,000.

As reported by Chapter11Cases.com, the transaction would transfer all claims and potential recovery rights the estate holds in the long-running interchange fee litigation which began in 2005 in the Eastern District of New York. The case alleges Visa and Mastercard unlawfully fixed interchange fees charged to merchants, resulting in a revised settlement approved in December 2019 estimated at $5.56 billion to $6.26 billion.

Optium Fund 6 executed the asset purchase agreement on March 2, 2026, with a 10% deposit due within one business day and the balance payable after the court order becomes final. The trustee had previously attempted a competitive auction in October 2020 but found insufficient bidding interest.

The motion reserves the right to accept higher competing bids, with a minimum overbid of $950,000. The objection deadline is March 24, 2026, with a hearing scheduled for April 6, 2026. The sale highlights the growing market for litigation claims as tradeable assets in bankruptcy proceedings.

New York Consumer Litigation Funding Act Called a First Step in Combatting Predatory Lending

By John Freund |

New York's Consumer Litigation Funding Act, set to take effect June 17, represents a significant regulatory intervention in an industry that has operated largely without oversight — but advocates say it does not go far enough.

As reported by Bloomberg Law, Rachel McCarthy and Tabitha Woodruff of the Milestone Foundation argue that while the new law establishes important baseline protections, it leaves critical gaps that could continue to harm vulnerable plaintiffs. The authors point to annual percentage rates in the consumer legal funding industry ranging from 30 to 124 percent, substantially higher than typical credit card rates. In one illustrative scenario, a family borrowing $10,000 at 50 percent monthly compounded interest could owe approximately $43,475 after three years.

The law caps a litigation funder's recovery at 25 percent of the gross settlement or judgment, requires plain-language contracts, mandates a 10-day rescission period, establishes state registration requirements, and prohibits interference with settlement decisions and misleading advertising.

However, the authors note that the legislation does not cap the interest rates funders can charge, nor does it impose rules or restrictions on the types of fees that may be assessed. They argue that these omissions leave room for the most predatory practices to continue even under the new regulatory framework.

The piece frames the New York law as an important first step while calling for additional reforms targeting interest rate caps and fee structures to fully protect consumers who turn to litigation funding while awaiting resolution of their cases.

Delaware Chancery Court Dissolves Litigation Funder Amid Partner Deadlock

By John Freund |

The Delaware Court of Chancery has ordered the dissolution of a litigation funding operation after its two principals reached an irreconcilable impasse, offering a rare look at what happens when the business relationships behind funding ventures break down.

As reported by Law360, the court ruled to wind down the partnership between a hedge fund manager and a Florida-based personal injury attorney who jointly operated the funding business. The dispute involved Priority Responsible Funding and Settlement Funding LLC, entities that had been providing capital for litigation matters.

Rather than assigning fault to either party, the Chancery Court determined that the partners' falling out did not involve wrongdoing that would prevent an orderly dissolution. The ruling permits the business to be wound down under the court's supervision, a resolution that allows both sides to move forward without the protracted litigation that often accompanies contested partnership breakups.

The case highlights a less-discussed risk in the litigation funding industry: the internal dynamics between business partners and co-investors. While much of the regulatory and media attention around litigation finance focuses on funder-client relationships and disclosure requirements, the Delaware case underscores that the operational structures behind funding entities carry their own set of governance challenges.

The decision may serve as a reference point for other litigation funding ventures navigating partnership disputes, particularly as the industry continues to attract new entrants and capital from diverse financial backgrounds. The full decision is available through the Court of Chancery.

Joint ILR-LCJ Letter Calls on Advisory Committee on Civil Rules to Adopt Third-Party Litigation Funding Disclosure Rule, Recommends Rule Text

By John Freund |

Today, the U.S. Chamber of Commerce Institute for Legal Reform (ILR) and Lawyers for Civil Justice (LCJ) submitted a joint comment letter to the Advisory Committee on Civil Rules of the Judicial Conference of the United States Courts (Advisory Committee) urging the body to promulgate a uniform rule requiring disclosure of third-party litigation funding (TPLF) agreements in federal courts and proposing the text of the rule. The comment letter comes ahead of the Advisory Committee’s April 14 meeting where it is expected to discuss the results of its listening tour. The comment proposes new rule text, which would amend Federal Rule of Civil Procedure 26(a)(1)(A) and require the disclosure of third-party funding contracts, in addition to basic information on funders. An original copy of the letter as submitted is available here and here.

The Advisory Committee formed a subcommittee to consider the need for a TPLF disclosure rule in October of 2024, after ILR and LCJ submitted a comment calling for the initiation of the rules process. Since that time, the TPLF subcommittee has conducted a listening tour to gather information on whether a rule is necessary and what it may require. LCJ’s analysis of actual TPLF contracts demonstrates that funders—who are nonparties to the litigation—not only share in the proceeds of litigation, but also have the ability to influence or control litigation and settlement decisions.

The joint letter argues a rule is necessary because the lack of TPLF disclosure causes a series of serious problems for America’s courts, including:

  • Conflicts of interest between funder and parties to the case and/or witnesses remain hidden
  • Time wasted in negotiations between parties who do not have the authority to make dispositive decisions about the resolution of the litigation. 
  • “Zombie” litigation in which litigation continues at the behest of funders despite the parties’ desire to settle.
  • Inability to manage settlement conferences effectively because parties are not empowered to make dispositive decisions. 

The comment letter also explains that courts face a serious rules problem because they are responding to disclosure requests on an ad hoc basis and are doing so in an inconsistent manner. Absent uniformity that only a rule can provide, some judges are rejecting disclosure requests under relevance standards governing the discovery process in Rule 26(a). Other courts are utilizing in camera or ex parte review in ways that are not in keeping with regular procedures regarding motions for protective orders. Some courts are ordering disclosure of TPLF. The comment letter concludes “This lack of uniformity is a rules problem because similarly situated parties in different geographic locations are getting starkly different interpretations of the FRCP and access to much-needed information.”

To solve the problem, ILR and LCJ offer specific language for a new rule that adds to the list of required initial disclosure[s] in Rule 26(a)(1)(A): 

(v) the name, address, and telephone number of any non-party individual or entity (other than counsel of record) that, whether directly or indirectly, is providing funding for the action and has a financial interest therein and, for inspection and copying as under Rule 34, any agreements or other documentation concerning the funding for the action or the financial interest therein.

The letter draws a direct parallel between the situation facing courts today surrounding TPLF with that of insurance contract disclosure before 1970. At that time, courts were split between granting disclosure of insurance contracts and denying such requests, often on the same lack of relevance basis that some courts today are denying TPLF disclosure requests. The Advisory Committee considered courts’ patchwork of approaches and ultimately decided a rule requiring insurance contract disclosure was necessary under Rule 26 to help all parties make a “realistic appraisal of the case.” The letter argues that the Committee should require TPLF disclosure given that, similar to insurance contracts, TPLF contracts can give non-parties a stake in the litigation as well as control over its resolution.

Lawyers for Civil Justice (LCJ) is an advocacy organization whose members support reform of procedural litigation rules to further “the just, speedy, and inexpensive determination of every action and proceeding.” Through collaborative engagement by in-house and outside counsel, LCJ develops and advocates for reform proposals that improve the efficiency and fairness of the U.S. civil litigation system, including through its AskAboutTPLF campaign, which advocates for a uniform rule requiring the disclosure of TPLF.

A program of the U.S. Chamber of Commerce (the “Chamber”), ILR’s mission is to champion a fair legal system that promotes economic growth and opportunity. The Chamber is the world’s largest business federation. It directly represents approximately 300,000 members and indirectly represents the interests of more than 3 million companies and professional organizations of every size, in every industry sector, and from every region of the country.

Pennsylvania Supreme Court Committee Proposes Third-Party Litigation Funding Disclosure Rule

By John Freund |

Pennsylvania could become the latest state to require transparency around third-party litigation funding arrangements, with a proposed rule that would mandate disclosure of funding documents during discovery.

As reported by the PA Coalition for Civil Justice Reform, the Civil Procedural Rules Committee of the Pennsylvania Supreme Court has issued a notice of rulemaking for a new Third-Party Litigation Funding Rule. The proposal would require parties to produce documents pertaining to third-party litigation funding as part of the discovery process in civil cases.

The committee framed the initiative as a matter of parity. Under current rules, defendants are already required to disclose insurance policies that may fund verdicts or settlements, but plaintiffs backed by third-party funders face no comparable transparency obligation. The proposed rule aims to close that gap by bringing litigation funding arrangements into the same disclosure framework.

The move adds Pennsylvania to a growing list of states grappling with how to regulate the role of outside capital in civil litigation. Several states, including Georgia, Kansas, Indiana, Louisiana, Montana, West Virginia, and Wisconsin, have already enacted laws requiring some degree of funder disclosure. At the federal level, the Advisory Committee on the U.S. Federal Rules of Civil Procedure is separately considering potential rule amendments that would require uniform disclosure of litigation funding in federal cases.

The Civil Procedural Rules Committee is accepting public comments on the proposed rule through April 22. Comments may be submitted to Karla M. Shulz, Deputy Chief Counsel, at civilrules@pacourts.us.

Burford Capital Taps Big Law and Litigation Funding Veterans to Fortify Investment Team

By John Freund |

Burford Capital is bolstering its U.S. investment team with four new hires drawn from both elite law firms and the litigation finance industry, signaling continued expansion despite recent earnings headwinds.

As reported by The American Lawyer, the litigation funding giant has added two vice presidents and two directors to its New York office. The new hires bring experience from Quinn Emanuel, Mayer Brown, Davis Polk, and Omni Bridgeway, reflecting Burford's strategy of recruiting professionals with both courtroom credentials and legal finance expertise.

The additions come at a time of aggressive growth for Burford. The firm recently reported a 39 percent surge in new business commitments for 2025 and has been expanding its global footprint, including opening its first office in South Korea earlier this month. The company's executive officers also invested more than $4.3 million in company shares in early March, underscoring internal confidence in Burford's trajectory.

By drawing talent from both Big Law and a direct competitor in Omni Bridgeway, the hires suggest that the competition for experienced litigation finance professionals is intensifying as the industry matures. For law firms, the moves are another reminder that litigation funding companies continue to attract seasoned litigators away from traditional practice.

The appointments further strengthen what is already the largest investment team in the litigation finance sector, positioning Burford to capitalize on growing demand for legal finance solutions across commercial disputes, intellectual property, and cross-border litigation.

Litigation Capital Management-Funded Katy Perry Trademark Claim Upheld by Australia’s High Court

By John Freund |

Australia's High Court has ruled in favor of a Sydney-based fashion designer in a trademark dispute against pop star Katy Perry, in a case funded by Litigation Capital Management.

As reported by Sharecast, the High Court's majority decision reinstated designer Katie Perry's trademark infringement claim after a complex legal journey. The Federal Court had initially found that the singer infringed the designer's trademark, but the Full Federal Court later overturned that ruling and ordered the cancellation of the designer's mark. The High Court has now allowed the appeal, sending the case back to the Full Court to resolve outstanding issues including earlier costs and damages quantification.

Litigation Capital Management committed AUD 3.3 million in shareholder capital to the case beginning in 2019, funding the dispute directly from its balance sheet rather than through external financing. CEO Patrick Moloney said the outcome exemplified "disputes finance enabling a claimant to bring a claim which they would otherwise not have the resources to fund."

The ruling represents a significant win for LCM and a high-profile validation of the litigation funding model in the Australian market. LCM shares rose nearly 9 percent on the news, reflecting investor confidence in the favorable outcome.

The case now returns to the Full Court, where the quantification of damages could determine the ultimate financial return on LCM's seven-year investment in the dispute.

Equal Justice Requires Equal Staying Power: Why Consumer Legal Funding Helps Fulfill the Promise of the American Legal System

By Eric Schuller |

The following was contributed by Eric K. Schuller, President, The Alliance for Responsible Consumer Legal Funding (ARC).

“Equal justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of our society.”

— Lewis F. Powell Jr.

Few phrases better capture the promise of the American legal system than “Equal Justice Under Law.” Carved into the stone above the entrance to the United States Supreme Court, those words symbolize the belief that every person, regardless of wealth, status, or background, stands equal before the law.

But as Justice Lewis F. Powell Jr. observed, those words must represent more than an inscription on a building. They must be an operational principle, a reality experienced by everyday people who rely on the legal system to resolve disputes and obtain justice.

In practice, however, the ideal of equal justice often collides with an uncomfortable truth. Litigation takes time. Legal claims, particularly personal injury claims, can take months or years to resolve. During that time, the injured person frequently faces mounting financial pressure. Medical bills accumulate. Income may be lost due to the injury. Rent, utilities, and everyday expenses continue regardless of the progress of a legal case.

Meanwhile, the opposing party is often backed by a large insurance company or corporate defendant with deep financial resources and the ability to delay litigation for extended periods.

This imbalance creates a fundamental tension in the civil justice system. If one side can afford to wait and the other cannot, the outcome of a case may be influenced not by the merits of the claim, but by financial pressure. Consumer legal funding emerged as a practical solution to this problem.

At its core, consumer legal funding helps preserve the promise behind Justice Powell’s words by helping injured individuals maintain financial stability while their legal claims proceed.

The Economic Reality of Litigation

Civil litigation is rarely quick. Personal injury claims often require extensive investigation, medical treatment, negotiation with insurance companies, and in some cases trial preparation.

For injured plaintiffs, this process can be financially devastating. Many individuals involved in serious accidents cannot return to work immediately. Others face large medical expenses that accumulate before a settlement or judgment is reached.

Even individuals who previously had stable financial lives may suddenly find themselves struggling to pay for basic necessities.

Insurance companies and large defendants, by contrast, face no such pressures. Insurers are structured to manage litigation risk over long periods of time. They have legal departments, litigation budgets, and the ability to delay or extend negotiations.

This difference in financial endurance can shape the dynamics of settlement negotiations.

When an injured person faces the possibility of eviction, unpaid medical bills, or an inability to provide for their family, the pressure to settle quickly increases dramatically. The settlement decision may become less about fairness and more about survival.

This is where consumer legal funding plays a crucial role.

Consumer Legal Funding: Supporting Plaintiffs During Litigation

Consumer legal funding provides monies to plaintiffs with pending legal claims, typically personal injury cases. These funds are designed to help cover everyday living expenses while a case is ongoing.

Importantly, consumer legal funding is structured as non-recourse funding. Repayment occurs only if the plaintiff successfully resolves the case through settlement or judgment. If the case is unsuccessful, the consumer does not owe repayment.

This structure reflects the reality that the funding company is accepting risk tied to the outcome of the legal claim.

The purpose of the funding is not to finance litigation strategy or influence legal decisions. Rather, it helps injured individuals pay for basic necessities such as housing, food, transportation, and medical needs while the legal process unfolds.

In this way, consumer legal funding functions as a financial stabilizer during one of the most vulnerable periods in a plaintiff’s life.

Restoring Balance in Settlement Negotiations

The civil justice system assumes that parties negotiate settlements based on the merits of the case, the strength of the evidence, and the applicable law. In reality, financial pressure can significantly influence settlement behavior.

When plaintiffs face immediate financial hardship, they may feel compelled to accept settlements that do not fully reflect the value of their claims.

Insurance companies understand this dynamic. The longer a case continues, the greater the financial strain on many injured plaintiffs.

Consumer legal funding helps address this imbalance by giving plaintiffs the ability to withstand financial pressure during the litigation process.

By helping consumers remain financially stable, consumer legal funding allows settlement decisions to be based more on the actual merits of the case rather than immediate economic desperation.

In essence, it helps ensure that the legal process functions as intended.

The Role of Consumer Legal Funding in Access to Justice

Access to justice is often discussed in terms of legal representation. Ensuring that individuals have access to attorneys is unquestionably important. Contingency fee arrangements have long helped individuals pursue claims they might otherwise be unable to afford.

However, legal representation alone does not solve the financial challenges that plaintiffs face during litigation.

Even when attorneys represent clients on contingency, plaintiffs must still manage everyday living expenses while their cases proceed. Medical treatment may prevent them from working. Insurance disputes may delay compensation.

Without financial support, many plaintiffs find themselves in impossible situations.

Consumer legal funding addresses this gap. It supports the plaintiff personally, rather than the litigation itself.

This distinction is important. The funds are not intended to create lawsuits or encourage unnecessary litigation. Instead, they allow individuals with legitimate claims to endure the legal process required to resolve those claims fairly.

This support can make the difference between a plaintiff pursuing justice and abandoning a claim prematurely due to financial hardship.

Consumer Legal Funding and the American Tradition of Risk Sharing

The structure of consumer legal funding aligns with other widely accepted financial arrangements that involve risk sharing.

For example, insurance companies accept risk every day when they issue policies. If an insured event occurs, the insurer pays the claim. If it does not, the insurer retains the premiums.

Similarly, venture capital investors accept risk when they fund startup companies. If the company succeeds, the investor benefits. If it fails, the investor absorbs the loss.

Consumer legal funding operates on a similar principle. The funding company provides monies with the understanding that repayment depends on the success of the legal claim.

This risk-based structure distinguishes consumer legal funding from traditional lending, where repayment is required regardless of outcome.

The contingent nature of repayment reflects the uncertain nature of litigation itself.

Protecting the Integrity of the Civil Justice System

Critics sometimes argue that consumer legal funding interferes with litigation or encourages lawsuits. In reality, the opposite is often true.

Consumer legal funding does not determine whether a lawsuit is filed. That decision is made by the plaintiff and their attorney based on the merits of the case.

Funding companies review cases carefully before providing funds. The evaluation process often includes reviewing case documentation, attorney involvement, and the likelihood of a successful resolution.

This evaluation process means that funding companies generally support claims that already have legal merit and professional representation.

Rather than encouraging frivolous litigation, consumer legal funding tends to operate within the existing framework of legitimate claims.

Its primary impact is helping plaintiffs remain financially stable while the legal system runs its course.

Preserving the Meaning of “Equal Justice Under Law”

Justice Powell’s words remind us that the promise of the legal system extends beyond formal procedures. Equal justice requires more than access to a courtroom. It requires that individuals have a realistic ability to pursue their claims without being forced into premature settlement by financial hardship.

In many cases, the difference between a fair settlement and an inadequate one is time.

Insurance companies can afford time. Corporations can afford time.

Injured individuals often cannot.

Consumer legal funding helps bridge this gap. By providing financial support during the litigation process, it allows plaintiffs to remain engaged in their cases and pursue outcomes that reflect the true value of their claims.

This role aligns directly with the broader principles of fairness and equality embedded in the American legal tradition.

Funding Lives, Not Litigation

Consumer Legal Funding: Funding Lives, Not Litigation.

This phrase captures the essence of the product. The purpose of consumer legal funding is not to finance lawsuits or drive litigation strategy. It is to help real people navigate the difficult period between injury and resolution.

Behind every legal claim is a person whose life has been disrupted. There are families dealing with lost income, individuals recovering from serious injuries, and households struggling to meet everyday expenses.

Consumer legal funding recognizes these realities.

It provides a practical tool that helps injured consumers maintain stability while the legal system works toward a resolution.

Conclusion

Justice Lewis F. Powell Jr. reminded us that “Equal Justice Under Law” must represent more than an inscription on a courthouse wall. It must be a living principle that guides how the legal system operates.

For many injured plaintiffs, the greatest obstacle to justice is not the law itself, but the financial pressure that arises while a case is pending.

Consumer legal funding helps address this challenge. By providing financial stability during litigation, it allows plaintiffs to remain in the process long enough for their claims to be evaluated fairly.

In doing so, it supports the very principle Justice Powell described.

Equal justice cannot exist if only those who can afford to wait are able to pursue it. Consumer legal funding helps ensure that justice is determined by the facts and the law, not by who runs out of money first.

And in that sense, it plays a meaningful role in turning one of America’s most inspiring ideals into a practical reality.

Flashlight Capital Backing Social Media Victims Law Center in Landmark Addiction Trial

By John Freund |

One of the most closely watched trials in recent memory now has a confirmed litigation funder behind it, adding a new dimension to a case some observers are calling a potential "Big Tobacco moment" for the technology industry.

As reported by Bloomberg Law, the Social Media Victims Law Center, a lead firm in litigation alleging that social media platforms have caused widespread addiction among young users, has secured backing from Flashlight Capital. Public records indicate the funding arrangement dates back to June 2024.

The case carries enormous financial stakes. Billions of dollars in potential liability are on the table for major technology companies, with testimony from Meta CEO Mark Zuckerberg regarding the company's youth-oriented strategies forming a centerpiece of the proceedings. The involvement of a litigation funder underscores the scale and complexity of the claims, which span multiple jurisdictions and plaintiffs.

For the litigation finance industry, the case represents a high-profile test of how third-party funding can support sprawling, resource-intensive consumer protection litigation. The outcome could shape both the future of platform liability and the appetite of funders to back similarly ambitious cases against deep-pocketed defendants.

The trial is being closely monitored across the legal and technology sectors as a potential bellwether for how courts evaluate the role social media companies play in youth mental health outcomes.

Edenreach Report Makes the Case for AI and Ethical Capital to Bridge the Global Justice Gap

By John Freund |

A new white paper argues that artificial intelligence and mission-aligned investment capital could help close a justice gap that currently affects roughly 5.1 billion people worldwide.

As reported by Edenreach, the female-founded justice fintech company's report identifies three primary barriers preventing vulnerable populations from accessing legal assistance: economic hardship and geographic distance, the complexity of legal matters requiring expert knowledge, and systemic discrimination targeting marginalized communities. These obstacles are compounded by shrinking legal aid budgets and insufficient resources for pro bono and nonprofit legal organizations.

The report proposes a "justice finance" model that treats legal cases aligned with United Nations Sustainable Development Goals as investable impact assets. This framework aims to combine measurable financial returns with accountability for governance failures, drawing from a largely untapped $3.33 trillion global market of capital that seeks both social outcomes and competitive returns.

On the technology side, the report cites research from the British Institute of International and Comparative Law showing that AI-powered tools — including real-time translation, simplified legal explanations, and automated resource matching — can significantly expand the reach of legal professionals to underserved populations.

For the litigation finance industry, the report represents a growing effort to position legal funding not just as a commercial opportunity but as a vehicle for social impact, potentially attracting a new class of ESG-focused investors to the sector.

MAGA Backers Reflect Rare Split on Regulating Litigation Funders

By John Freund |

An unusual political coalition has emerged in opposition to proposed legislation that would regulate or tax litigation funders, revealing deep divisions even among close allies of the Trump administration.

As reported by Bloomberg Law, the split pits MAGA-aligned figures, progressive Democrats, and trial lawyers against the U.S. Chamber of Commerce and corporate-backed Republicans. Senator Thom Tillis of North Carolina has proposed taxing litigation funder profits, while Representative Darrell Issa of California introduced disclosure requirements for civil cases. Both efforts have drawn pushback from unexpected quarters.

Laura Loomer, a Trump-aligned commentator, publicly criticized the Tillis bill as empowering "woke corporations," while America First Legal, the organization founded by Stephen Miller, warned that disclosure mandates could create privacy threats. Conservative nonprofits have argued that funder transparency requirements could reveal donors on politically sensitive issues including religious liberty and abortion. On the other side of the aisle, Representative Jamie Raskin, a progressive Democrat, found himself aligned with the Alliance Defending Freedom in opposing the proposals.

The article also highlights financial interests that may be shaping the debate. Donald Trump Jr. has invested in patent litigation companies, and Federalist Society co-chairman Leonard Leo has connections to Vallecito Capital, which backs conservative legal cases.

Both the Tillis tax proposal and the Issa disclosure bill have stalled in Congress, with momentum fading after the initial pushback from this bipartisan — and often ideologically contradictory — coalition.

Burford Capital Executives Invest $4.3 Million in Company Shares as Board Launches Buyback Program

By John Freund |

Burford Capital's top executives have put more than $4.3 million of their own compensation into company stock, signaling confidence in the litigation funder's long-term value at a time when its shares trade below what leadership considers intrinsic worth.

As reported by TipRanks, CEO Christopher Bogart and Chief Investment Officer Jonathan Molot led the purchases on March 5, each acquiring approximately 229,000 ordinary shares through the company's Deferred Compensation Plan. CFO Jordan Licht and Chief Development Officer Travis Lenkner also participated. In a statement, Bogart said the stock trades "at a steep discount to its intrinsic value," noting that he and Molot have redeployed more than $35 million in cash compensation into Burford shares since 2019, bringing their combined ownership to roughly 8.5 percent.

The purchases coincide with the board's authorization of a $5 million share repurchase program announced on February 25, designed to support the company's future obligations under the Deferred Compensation Plan. The buyback is capped at approximately 21.9 million ordinary shares under existing shareholder authority and will be executed through open market transactions.

Separately, the board's compensation committee granted new restricted share units to executive officers on March 5 under Burford's 2025 Omnibus Incentive Compensation Plan. The RSUs vest in five equal annual installments through March 2031, with select retirement-eligible executives receiving immediate vesting.

Loopa Finance Wins at the Lexology European Awards 2026 in the Litigation / General Counsel Category

By John Freund |

Loopa Finance has been recognized as the winner in the Litigation – General Counsel Team category at the Lexology European Awards 2026, one of the leading recognitions in the international legal sector.

The award was received in London by Ignacio Delgado, General Counsel Europe at the firm, on behalf of Loopa Finance’s European team, composed of Ignacio Delgado (General Counsel Europe), Marina Gouveia (Investment Manager), Fernando Pérez Lozada (Senior Investment Manager), and Fernando Folgueiro (Managing Partner).

The Lexology European Awards recognize outstanding legal teams across the region through a methodology that combines independent research, quantitative and qualitative analysis, and thousands of nominations supported by clients and industry peers, as well as the annual research conducted by the Lexology Index (formerly Who’s Who Legal) and Client Choice.

The selection process is based on performance evaluations related to effective communication, commercial understanding, technical expertise, strategic management, and team strength, and is supported by a global community of more than 940,000 subscribers.

This recognition positions Loopa Finance’s European team among the leading practitioners in complex litigation and strategic legal management in Europe.

“This award reflects the strength of a team operating across two continents that understands litigation not only from a legal perspective, but also through financial analysis and risk management. It is the result of collective work and a rigorous, strategic approach to structuring complex disputes,” said Delgado during the ceremony.

More Than an Award: Validation of a Model

The award comes at a time of consolidation for the firm. Loopa Finance recently completed its rebranding process, evolving from Qanlex to Loopa Finance and reinforcing an identity aligned with its growth in continental Europe and its broader international positioning.

It also coincides with the closing of Fund III, raising €65 million to finance complex litigation and arbitration across Europe and Latin America, significantly expanding the firm’s investment capacity and supporting the continued growth of its platform in the region.

This milestone adds to the firm’s recent rankings, including its Band 1 classification by Chambers & Partners in Latin America and Europe, its recognition as “Highly Recommended” by Leaders League across multiple jurisdictions, and the inclusion of members of its team among the Thought Leaders in Third-Party Funding by the Lexology Index. Together, these results confirm the strength of Loopa Finance’s model and the consolidation of its team as a reference in the strategic financing of disputes at an international level.

About Loopa Finance

Loopa Finance is an investment fund specializing in the financing and monetization of litigation and arbitration across continental Europe and Latin America, supported by a technology-driven model and rigorous risk analysis. The firm provides capital to cover legal costs or monetize ongoing claims through non-recourse structures, where the recovery of the investment depends exclusively on the successful outcome of the case, assuming the financial risk of the dispute while fully aligning its interests with those of clients and law firms.

The New Realities of Funded Patent Litigation

By John Freund |

Third-party litigation funding has become a durable and sophisticated feature of U.S. patent disputes, fundamentally reshaping how cases are filed, litigated, and settled.

As reported by Financier Worldwide, R. David Donoghue of Holland & Knight examines how the growing presence of litigation funders in patent cases is altering the strategic landscape for both plaintiffs and defendants. The article notes a sustained, multi-year trend toward larger capital pools, more sophisticated funders, and broader reliance on portfolio-based enforcement structures, particularly in high-filing districts like Delaware and Eastern and Western Texas.

Funded plaintiffs, Donoghue writes, tend to bring more carefully vetted cases. Funders conduct rigorous pre-filing due diligence that often exceeds Rule 11 standards, meaning defendants are less likely to encounter speculative claims and more likely to face adversaries with defensible damages models and clear recovery paths. Non-recourse capital also gives funded plaintiffs extended staying power, enabling multitrack strategies that reduce the effectiveness of traditional cost-based litigation leverage.

Courts are responding with increased scrutiny. Judges are more frequently requiring disclosure of funder identities, financial interests, and control rights. Discovery into funding arrangements may be permitted when relevant to questions of bias, standing, or valuation.

For defense teams, Donoghue recommends early identification of claim weaknesses, targeted disclosure motions, rigorous damages discipline, and data-driven settlement proposals calibrated to litigation milestones rather than nuisance value. The article underscores that while funding does not necessarily increase frivolous filings, it does extend the duration and intensity of patent disputes.

Burford Capital Director Makes the Case for Legal Finance as Strategic Capital Tool

By John Freund |

A veteran litigator turned legal finance professional is challenging what she calls the biggest misconception about the industry: that litigation funding is only for companies that cannot afford their legal bills.

As reported by Burford Capital, Director Stephanie Southwick — who spent more than 15 years as a first-chair commercial and intellectual property litigator before joining the firm seven years ago — argues that the real question for potential clients is not whether they can pay, but whether litigation spending represents the best use of capital. Even financially strong organizations, she says, benefit from preserving operational funds and converting legal expenses into monetizable assets.

Southwick emphasizes that trust and alignment between funder and client are essential for a successful funding arrangement, describing the ideal relationship as a strategic partnership rather than a purely transactional one. She also highlights the value of legal finance for startups, noting that it provides non-dilutive capital that allows founders to pursue meritorious claims without reducing runway or diluting equity.

For companies considering litigation financing, Southwick advises disciplined damages analysis and realistic budgeting from the outset. Early involvement of financing partners, she says, helps calibrate the structure and economics of an arrangement before litigation costs begin to accumulate.

Louisiana Partners with NICB to Target Litigation Funding Digital Ads

By John Freund |

Louisiana's insurance regulator is taking aim at third-party litigation funding marketing campaigns it says mislead consumers through deceptive digital advertising tactics.

As reported by Beinsure Media, the Louisiana Department of Insurance has partnered with the National Insurance Crime Bureau and 4WARN, a digital intelligence firm, to identify and combat TPLF-related paid search advertising that intercepts policyholders seeking claims assistance. Regulators allege that some campaigns create confusion about whether communications originate from insurers themselves.

The partnership follows a joint NICB and 4WARN report finding that TPLF organizations spent approximately $380 million on paid online search advertising between June 2024 and June 2025. According to regulators, some third-party marketers steer claimants toward litigation before they have an opportunity to contact their insurers directly, extending dispute timelines and increasing costs within the claims ecosystem.

The Louisiana Department of Insurance is advising policyholders to use verified sources, including the department's official website and mobile app, and to verify search result links before clicking.

The initiative marks the first coordinated regulatory effort specifically targeting TPLF digital marketing tactics, signaling a potential new front in the ongoing debate over litigation funding regulation at the state level.

Certum Group Litigation Finance Fellowship Opens Applications for Third Year

By John Freund |

The Certum Group is accepting applications for its Litigation Finance Fellowship, now in its third year. The program offers law and business students a four-week, hands-on immersion in the business of litigation finance, with fellows earning a $3,000 stipend.

As reported by Above the Law, the fellowship provides participants with direct exposure to the complete lifecycle of litigation risk assessment, pricing, and transfer. Fellows analyze case funding requests, model case resolution scenarios, attend client development meetings, and prepare marketing materials alongside Certum's legal, insurance, and finance professionals.

The program is directed by William Marra, who leads Certum's litigation finance strategy, serves on the board of the International Legal Finance Association, and is in his fourth year teaching litigation finance as a lecturer in law at Penn Carey Law School. Marra noted that litigation finance and insurance are rapidly transforming the legal landscape and that understanding finance has become essential for modern legal professionals.

The fellowship is based in New York City, with remote participation available. Certum expects to select one to three fellows depending on the applicant pool. Past fellows have come from institutions including Penn Carey Law and Columbia Business School. Applications are due March 31, 2026, and require a resume, law school transcript, and a 250-word statement of interest.

Burford Capital Opens First South Korean Office as Cross-Border Disputes Rise

By John Freund |

Burford Capital, the world's largest litigation funder, has formally entered South Korea's litigation finance market by establishing its first office in the country. The expansion targets Asia's fourth-largest economy amid rising cross-border disputes involving Korean companies and escalating legal expenses.

As reported by KED Global, the move capitalizes on growing international disputes involving Korean corporations and increasing demand for third-party litigation funding. The article highlights prominent Korean commercial litigation cases, including Medytox Inc. v. Hugel Inc. over trade secret allegations involving botulinum toxin technology, as well as multiple patent disputes involving Samsung Electronics and Seoul Semiconductor.

Burford's entry into South Korea signals the continued global expansion of litigation finance into major Asian markets. As Korean companies face mounting legal costs from cross-border commercial disputes, third-party funding offers an increasingly attractive tool for managing litigation risk without straining corporate balance sheets.

The Korean Commercial Arbitration Board serves as a key domestic venue for resolving such disputes, and Burford's presence in the market positions the funder to support both Korean companies and international parties engaged in disputes with Korean counterparts.