John Freund

By Harry Moran | March 25, 2025

The legal fight between Burford Capital and Argentina over the $16.1 billion award in the case brought by investors of the YPF oil and gas company has continued to demonstrate challenges when it comes to judgment enforcement and collection. Although there have been few development since Argentina filed its appeal against the US court’s ruling, a new insight with a key figure at the litigation funder has revealed that the Argentine government is not showing any signs of compromise.

An article in the Buenos Aires Times provides new insights into the ongoing struggle for Burford Capital to collect on the $16.1 billion award in the YPF case, as Gerardo Mato, who was hired by the funder to act as a mediator with Argentina, has said that there have been no meetings with representatives from the Argentine government. The article provides a behind-the-scenes view of the fight to recover the award, citing quotes from an interview with Mato conducted at Bloomberg’s offices in Buenos Aires.

In the interview, Mato explained that whilst they had “contacted the authorities at the Economy Ministry and legal authorities”, there had been no form of reciprocal communication from Argentina. Mato stated that “there have been no talks for now with the government”, and as of this moment, “no type of negotiation has been established yet.”

As for the funder’s strategy moving forward with efforts to open a productive dialogue with the Argentine government, Mato argued that “Burford isn’t in any rush on this issue” and that “the best tool that we have is patience.” Whilst all parties await the Appeals Court’s final ruling on Argentina’s appeal against the award, Mato argued that negotiating prior that decision would “benefit the government”. Instead, Mato suggested that if the court provides a favourable ruling to Burford, then Argentina will “have to pay the totality of the suit.”

Commercial Regulatory Issues

By Harry Moran | March 25, 2025

If previous years saw an increase in the amount of discussion and debate around the regulation of litigation funding in the United States, then 2025 has already proven to be the year when many states are moving forward with plans to introduce new rules governing the use of third-party funding.

An article on Red Lake Nation News covers the introduction of new legislation in the Minnesota legislature, with bills brought forward in both the House and Senate aiming to impose new restrictions on third-party litigation funding in the state. The Consumers in Crisis Protection Act, which was introduced in the Senate as SF 2929 and in the House as HF 2677, seeks to introduce new rules governing the use of both consumer and commercial litigation funding agreements in Minnesota court cases.

The current draft of the legislation, authored by Senator Judy Seeberger and Representative Bernie Perryman, includes a wide range of rules governing both the composition of funding agreements and the activities of funders within the state. Similar in content to legislation introduced in other states, the bill mandates the disclosure of litigation funding agreements to all parties involved in the lawsuit, and requires that litigation funders register with the state.

The bill also tackles the issue of foreign states’ involvement in domestic litigation, as it prohibits litigation funders from “entering into a commercial litigation financing agreement with a foreign entity of concern or a foreign country or person of concern.” The legislation would also require funders to provide the state with annual report which would include: the number of lawsuits funded by the company and a summary of the amounts of funding provided.

Senator Seeberger provided the following comment on the bill: “As legislators, we are acutely aware of the challenges our constituents face, including the cost of insurance. This bill will help shine a light on the funding sources that are driving huge awards in civil lawsuits, something we all pay end up paying for in higher insurance premiums.”

The current version of the Consumers in Crisis Protection Act can be read on the Minnesota Legislature’s website.

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Commercial People Moves

Patrick Dempsey Joins Certum Group as Director of Commercial Litigation Strategy

By Harry Moran | March 25, 2025

Certum Group, the first and only company in America providing both litigation finance and insurance solutions for companies facing the uncertainty of litigation, has added Patrick Dempsey as Director of Commercial Litigation Strategy. Mr. Dempsey will oversee all facets of Certum’s commercial litigation business, including originating, structuring, and monitoring single-case financing products and portfolio solutions for law firms, corporates, and other litigants. Mr. Dempsey will also help build out Certum’s consulting services for companies that are looking to invest in or value legal assets but may not have the requisite underwriting expertise.

A veteran of the legal finance industry, Mr. Dempsey joins Certum from Burford Capital, where he served as a director responsible for originating new investments with law firms and corporates alike. Prior to Burford, Mr. Dempsey served as the Chief Investment Officer of Therium Capital Management’s U.S. operations. In private practice, Mr. Dempsey was a litigator at Hogan Lovells and Proskauer, where he regularly took cases through to trial and arbitral hearings across a broad number of industries.

“We are thrilled to have Patrick join our team,” said Joel Fineberg, Certum’s founder and managing director. “His extensive experience across multiple industries and complex commercial areas, along with his ability to build strong relationships with counterparties, will be a very valuable asset as we continue to innovate in the ever-evolving world of litigation funding.”

“I am excited to join the fantastic team at Certum,” said Mr. Dempsey. “I believe the opportunity is substantial. With its full suite of funding solutions and insurance products, Certum is extremely well-positioned for this next phase of growth within the industry. I’m looking forward to helping more clients figure out how Certum can help them achieve their litigation and business goals.”

Certum Group created the first and only litigation risk transfer platform that combines insurance, premium finance, and litigation funding to provide tailored solutions for companies, litigants, and law firms. Founded more than 10 years ago, the team is comprised of former litigators, judicial clerks, actuaries, and financial professionals who design risk transfer and funding solutions to meet legal, business, and financial objectives.

Mr. Dempsey earned his J.D. from Tulane University Law School and his B.S. from the University of New Orleans.

About Certum Group

Certum Group provides bespoke solutions for companies facing the uncertainty of litigation. We are the leader in providing comprehensive alternative litigation strategies, including class action settlement insurance, litigation buyout insurance, judgment preservation insurance, adverse judgment insurance, contingency fee insurance, capital protection insurance, litigation funding, and claim monetization. Our team of experienced former litigators, insurance professionals, and risk mitigation specialists helps companies remove the financial and operational volatility arising out of litigation by transferring the outcome risk. Learn more at www.certumgroup.com.

Commercial

By Harry Moran | March 25, 2025

The Association of Litigation Funders of Australia (AALF) announced it has welcomed RESOLVE Forensic as its newest Associate Member. With the addition of this new member, AALF now boasts a total of 21 Associate Members in addition to its eight Funder Members.

The announcement was made in a post on LinkedIn. RESOLVE Forensic is a specialist forensic accounting, business valuation and dispute consulting firm, providing their expertise to support law firms and clients in resolving commercial disputes. The company works across a wide range of sectors including construction and real estate, energy and climate, financial services, and retail. The company was founded in 2024 and is based out of Sydney, but provides services to clients across Australia and the Asia Pacific.

Hugo Loneragan, managing principal at RESOLVE Forensic, provided the following comment on the announcement

“Many thanks Pip Murphy and The Association of Litigation Funders of Australia, we are excited to join the association and are looking forward to working with other talented litigation and dispute professionals in what is shaping to be a busy year ahead!”

More information about RESOLVE Forensic can be found on its website. More details about AALF and its members can be found here.

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Community Spotlights

Community Spotlight: David Kerstein, Founder & Managing Director, Arcadia Finance

March 19, 2025

An early adopter of litigation finance with ten years of experience as a funding professional, David Kerstein uses his depth of knowledge and experience to serve as a trusted and strategic partner and advisor to lawyers and clients seeking to manage litigation risk and spend.

Dave is a sought-after speaker and recognized leader in litigation finance who has been named among Lawdragon’s “Global 100 Leaders in Legal Finance” and selected by Who’s Who Legal as a “Thought Leader in Third Party Funding.” Prior to founding Arcadia Finance in June of 2024 with fellow Managing Directors Ronit Cohen and Joshua Libling, he served as Validity Finance’s Managing Director and Senior Investment Officer.

In addition to co-leading Validity’s origination and structuring teams, he helped to guide Validity’s strategic growth into new and expanded markets and avenues for investment. Prior to joining Validity, Dave was a senior investment manager at Bentham IMF, now Omni Bridgeway. Before entering the world of litigation finance, Dave spent fifteen years as a trial lawyer handling complex commercial disputes at Gibson Dunn. With his deep experience as a litigator, Dave understands the landscape attorneys and their clients face when pursuing important claims and is uniquely positioned to help them navigate it. As a long-suffering Jets, Mets, Knicks and Islanders fan, Dave is keenly aware that facing adversity can build character. He knows that every litigation has obstacles that must be overcome but that those obstacles can be used as stepping-stones that guide us to achieving our goals.

Company Name and Description: At Arcadia Finance, we go beyond traditional litigation finance to provide frictionless funding, empowering clients and partners to achieve their legal goals through customized financial solutions and unparalleled support. Our seamless collaboration, clear deal terms, and broad mandate empower clients to navigate challenges, make informed decisions, and secure capital - fast. Led by industry veterans with over $400 million invested across 80+ deals, Arcadia Finance offers adaptable solutions for all–from litigation boutiques to AmLaw firms and corporations. Arcadia Finance's mission is to invest in meritorious litigation, and with backing from multiple and flexible capital providers, we find new ways to help clients and law firms finance, monetize, and share risk on their legal assets. Our solutions include everything from traditional single-case funding and law firms portfolios, to purchasing companies or patent portfolios whose primary value is litigation. At every stage from pre-litigation to appeal and enforcement, Arcadia has the experience, flexibility, and capital to assist.

Company Website: arcadiafin.com

Year Founded: 2024

Headquarters: New York, New York

Area of Focus: With a focus on U.S.-based commercial and patent litigation and domestic and international arbitration, Arcadia Finance is open to the full spectrum of litigation-based assets, from mass torts to law firm lending to patent acquisition, including cross-border and offshore matters. We consider cases in all federal and state courts, as well domestic and international arbitrations.

Member Quote: "Over my 25+ years of work in the legal and litigation finance industries, I've seen firsthand how meritorious claims can falter due to financial constraints. That's why I'm passionate about litigation funding – it ensures that the strength of a case, not the size of a wallet, determines its outcome."

Commercial Regulatory Issues

By Harry Moran | March 19, 2025

The High Court’s ruling in Angel & Ors v Black Horse Ltd earlier this month, which permitted the motor finance claims to proceed on a single claim form, not only signaled a major victory for claimants seeking compensation, but also may prove to have a lasting impact on the future of these group claims.

In an interview with The Law Society Gazette, Craig Cooper, managing director of Barings Law, discusses the recent High Court ruling on the future of the motor finance commission claims. In the interview, Cooper explains the significance of this ruling not only for the motor finance claims but also for future group proceedings, and discusses the challenges raised by working on a claim that has such a high public profile and attracts a lot of media scrutiny.

On the High Court ruling, Cooper highlights that “by allowing these cases to proceed as eight omnibus actions, rather than requiring individual filings, the court has acknowledged the need for efficiency and fairness in addressing large-scale consumer grievances.” Cooper explains that this collective approach will allow consumers to seek justice “without the burden of navigating the legal process alone”, and as a milestone for future claims will underline “the courts’ willingness to streamline complex cases where common legal and factual issues exist.”

Given the high levels of media interest in the motor finance claims, Cooper recognises that Barings Law’s approach has had to “ensure clarity and accuracy in all communications, emphasising the significance of the ruling while maintaining a balanced and professional stance.” Acknowledging the importance of the wider conversation around these claims, Cooper says that “transparency and accessibility have been key in shaping the public narrative and reinforcing the broader implications of the judgment.”

Case Developments Commercial

By Harry Moran | March 19, 2025

Whilst funded class actions are most commonly seen in prominent legal funding markets such as the UK, US and Australia, we are increasingly seen large scale group claims being brought in European jurisdictions with the support of litigation funders.

An article in Handelsblatt covers one of the largest class action lawsuits brought in Europe, as Unilegion has filed a lawsuit in the Dortmund Regional Court seeking €200 million in damages over allegations of price fixing in the sale of pesticide by a cartel of agricultural wholesalers in Germany. The claim being brought against the ‘pesticide cartel’ is representing over 3,2000 farmers, and follows a 2020 investigation by the Bundeskartellamt (Federal Cartel Office) which imposed €157 million in fines on eight wholesalers.

The agricultural companies found to have been involved in this price-fixing between 1998 and March 2015 are: AGRAVIS Raiffeisen AG , Hanover/Münster AGRO Agrargroßhandel GmbH & Co. KG, BayWa AG, BSL Betriebsmittel Service Logistik GmbH & Co. KG, Getreide AG, Raiffeisen Waren GmbH, Raiffeisen Waren-Zentrale Rhein-Main eG, and ZG Raiffeisen eG.

The lawsuit is being supported by legal representation from the Hamburg office of Taylor Wessing, whilst third-party funding has been secured from Augusta Ventures. A similar class action lawsuit representing German farmers is being brought by Bäuerliche Geschädigtengemeinschaft (BGG), with funding in that case being provided by Transatlantis.

More information about the Pesticide Cartel case can be found on the Unilegion website.

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Commercial Deals

JurisTrade Litigation Asset Marketplace Launches Phase 1 Rollout with over $70 Million in Litigation Funding Opportunities

By Harry Moran | March 19, 2025

The JurisTrade Platform soft-launched last week with over $70 million in litigation funding opportunities in single cases, funding mass tort dockets and law firm refinancing.

The JurisTrade Litigation Asset Marketplace (“JurisTrade’) provides a transparent electronic platform which facilitates both primary funding opportunities in litigation finance, as well secondary sales of such interests.

The potential market for litigation finance ranges in the several $100s billions, of which only $30 billion is currently funded. JurisTrade is designed to unlock this large unmet demand through its liquid and transparent marketplace.

The litigation finance ecosystem has been clamoring for years for this type of market solution. Similarly to many other major asset classes, JurisTrade was built on a foundation of industry standardization, transparency and process streamlining, which eliminates uncertainty and, thus, attracts liquidity for litigation finance, a bona fide uncorrelated asset class.

Clients of JurisTrade include institutions, law firms, litigation finance funds, and family offices.

JurisTrade’s Phase I rollout includes nine diverse investment opportunities including a high-profile single case, a judgment monetization case, a law firm debt refinancing case, and several mass action-related cases. An OTC service desk is being offered to assist our clients in negotiating terms and structuring all manners of trades and vehicles, among other things. Other market features, technology, and analytics will be offered soon.

Typhon Capital Management, Larry Hite, and two notable family offices are sponsors of JurisTrade, and JurisTrade will be leveraging their collective expertise and experience. Typhon, in particular, provides trading operations on JurisTrade. Clients can use JurisTrade to directly engage in claims trading, such as bankruptcy and mass tort, then leverage Typhon to invest in or create custom passive funds holding any manner of litigation interests or loans, and actively managed funds, such as thematic claim trading, market making, or activist litigations. Typhon can also structure insurance wrappers around litigation-focused investments.

The senior management team of JurisTrade includes James Koutoulas as CEO, Kevin J.P. O’Hara as Chairman, Shawn Hartpence as Chief Commercial Officer, and Andrew Barroway and Larry Hite as strategic limited partners.

"Mr. Koutoulas is a seasoned hedge fund manager and attorney with a unique skillset encompassing derivatives-trading, complex bankruptcy and class action litigation, and software development making him the perfect CEO to bring the emerging asset class of litigation assets to a wider audience. He and I share similar philosophies on structuring vehicles with asymmetric, positively-skewed, and uncorrelated return profiles which will be much appreciated in the litigation investing world," said Larry Hite, Founder of Hite Capital.

"Similarly, Mr. O'Hara's previous C-suite roles at NYSE, CBOT, Archipelago and Gulf Finance House, and as an attorney at the SEC and his financial markets development in Eastern Europe, provide JurisTrade with one of the most accomplished exchange experts to steer our growth."

"Larry Hite is a pioneer of two assets classes – commodity trading and litigation assets. Larry is an original 'Market Wizard' and we are humbled to have him as a founding partner and advisor to JurisTrade," said James Koutoulas, CEO of JurisTrade.

Please sign up to view our initial inventory and be kept up to date at www.juristrade.com.

About Larry Hite:

Larry Hite is a legendary commodities trader and one of the founders of systematic trading. Mr. Hite founded Mint Capital, which was the largest CTA in the world by AUM in 1990. He has since been an active investor in litigation assets where he has invested in thousands of cases.

About Typhon Capital Management:

Typhon Capital Management, led by CEO James Koutoulas, is a multi-strategy hedge fund and platform specializing in tactical futures, quantitative, and cryptocurrency trading. Typhon creates custom portfolios and structured products for institutional investors and wealth management firms and is headquartered in Miami Beach. Mr. Koutoulas also was lead customer counsel in the MF Global bankruptcy, leading the recovery of all $6.7 billion in customer assets.

About Kevin J.P. O'Hara:

Kevin J. P. O’Hara has a decades-long career in business, law and regulation, entrepreneurship, technology, international, investing, and post-graduate teaching. Mr. O’Hara is an active angel investor with several successful exits, including sales to LinkedIn, PayPal, and IQVIA. He has a plethora of private and public company board and governance experience.

He was previously: (1) a C-suite member at CBOT, NYSE, Archipelago, and Gulf Finance House (Bahrain); (2) an attorney at the SEC, DOJ, and a major Chicago law firm (products liability and mass tort defense)(3) a law and business school lecturer at Northwestern University and Loyola University; and (4) an in-county financial and economic advisor in Eastern Europe in 1990s.

About Shawn Hartpence:

Shawn Hartpence has over a decade of experience advising law firms, litigation fund managers and institutional investors on capital formation and litigation investment. Areas of expertise include mass tort portfolio funding, secondary mass tort portfolio trading, single-case funding, portfolio funding, single-case monetization, and capital introduction for niche litigation strategies. Mr. Hartpence is a partner at Ocasio Mass Tort Law, a DC Law Firm and a Board Member of a cutting-edge AI Litigation assessment company.

About Andrew Barroway:

Andrew Barroway is a distinguished litigator and hedge fund manager with a proven track record of success in the investment world. He previously built Barroway, Topaz, Kessler, Meltzer, & Check, LLP, the second largest securities class action firm in the country, and helped lead the $3.2 billion settlement of Tyco Ltd. International. At Merion Investment Management, Mr. Barroway invented the appraisal rights arbitrage trade where he managed $1.2B in the near-riskless strategy, annualizing 13.25% net for 12 years. Mr. Barroway is a strategic limited partner in JurisTrade and the senior portfolio manager of our upcoming Cerus Litigation Fund.

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Announcements Consumer

Legal-Bay Lawsuit Funder Launches Legal Funding Calculator for Consumers

By Harry Moran | March 19, 2025

Legal Bay Presettlement Funding announces their new funding calculator for customers to compare pricing models of lawsuit loans between funding firms. It should be noted that Legal Bay doesn't charge compounding interest like many other legal funding companies, keeping payback costs lower right from the start. As one of the best lawsuit loan companies in the industry, Legal Bay ensures flat pricing, transparent contracts, and a helpful, knowledgeable staff to walk you through every step of the lawsuit loan funding process.

Legal Bay is a direct funder—not a legal funding broker—which is the first distinction customers should make when researching legal funding options. Here's why:
Being a direct funder allows Legal Bay to expedite cases faster, normally within 24-48 hours after applying, once all documents have been received.
Being a direct funder allows Legal Bay to provide lawsuit loans with cap out provisions for cases that qualify without additional broker fees.
Compound rates can grow substantially over the course of your case settlement funding, while flat interest stays the same at about 20% percent every 6 months.
Legal Bay's lawsuit settlement programs are non-recourse which means the client will not have to pay back the loan if the case does not settle.

Chris Janish, CEO of Legal-Bay, commented, "Our funding calculator gives consumers an invaluable tool to compare payback costs. Plaintiffs will see that our direct funder platform means you deal directly with our staff and underwriters—not a broker. Our direct funding model allows for the fastest approvals, reduced rates, and no added broker fees, keeping your costs low. Legal-Bay's flat pricing—as opposed to compounding interest—and our best price guarantee ensures the lowest rates in the litigation finance industry. On large funding amounts, consumers should be aware of payback costs. The savings of Legal-Bay's flat-rate pricing versus contracts with compounding interest can be substantial."

Legal-Bay's funding model is designed to put more money back in the plaintiff's pocket at settlement. If you or a loved one need an immediate lawsuit loan in advance of your impending lawsuit settlement, please apply online HERE or call toll free at 877.571.0405 where agents are standing by.

Legal-Bay assists plaintiffs in all types of lawsuits, including commercial and mass tort litigation, personal injury cases, slip and fall accidents, property damage, car accidents, medical malpractice, wildfires, and many more. If you're looking for the lowest rates in legal funding, legal funding companies without broker, flat rate pricing or simple pricing legal funding companies, easy to use funding calculator, calculator for lawsuit loans, then Legal Bay is here to help.

Their loan for settlement funding programs are designed to provide immediate cash in advance of a plaintiff's anticipated monetary award. While it's common to refer to these legal funding requests as settlement loans, loans for settlements, law suit loans, loans for lawsuits, etc., the "lawsuit loan" funds are, in fact, non-recourse. That means there's no risk when it comes to loans in lawsuit settlements because there is no obligation to repay the money if the recipient loses their case. Therefore, terms like settlement loan, loans for lawsuit, loans on settlement, or lawsuit loan funds don't necessarily apply, as the "loan on lawsuit" isn't really a loan at all, but rather a stress-free cash advance.

For more information about lawsuit loans, please visit us HERE or call toll free at 877.571.0405 where a skilled agent can answer any questions you may have.

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Commercial Funder's Corner

Raising the Bar for Client Services in the Legal Industry

By Richard Culberson | March 18, 2025

The following was contributed by Richard Culberson, the CEO North America of Moneypenny, the world’s customer conversation experts, specializing in call answering and live chat solutions.

Delivering exceptional client service in the legal industry isn’t about grand gestures or over-the-top perks. Instead, it’s about providing seamless, efficient, and consistent experience—ensuring clients feel supported, informed, and confident in your expertise.

Legal professionals instinctively prioritize client satisfaction, knowing that trust and reputation are everything in the industry. However, keeping clients happy doesn’t require excessive handholding or elaborate corporate hospitality. True exceptional service comes from delivering reliable, solutions-focused support that alleviates stress and allows clients to focus on their priorities.

What Does Seamless Client Service Look Like in Law?

The key is demonstrating value by making legal processes smoother, less stressful, and more efficient. Clients don’t just seek legal expertise—they seek peace of mind that comes from knowing their matter is in good hands, that communication will be clear, and that their legal team will proactively anticipate their needs.

For law firms to reach this high level in client service, it means keeping promises, handling matters efficiently, and exceeding expectations where it matters most—through expertise, responsiveness, and a seamless experience.

How to Build Long-Term Client Loyalty

Focusing on client experience is often a thankless task in the short term, as good service is expected, while poor service is called out. However, over time, delivering consistently excellent service will build trust and loyalty because when clients know they can rely on you, they are more likely to return for future matters and refer others to your firm.

However, being dependable doesn’t mean standing still. Instead, by understanding client touchpoints and pain points, legal professionals can provide even greater value—sometimes before clients even realize they need it.

The Role of Personalization in Legal Client Service

Every client is unique, and every client has unique needs, and it goes without saying that tailoring your approach to those needs is a key differentiator in the legal industry. Even if it is the same type of case as the one you have just handled, it is still unique and requires personalized updates, proactive case management, and thoughtful communication. This will only serve to enhance the client experience and demonstrate that your firm values their business.

What’s more, providing this level of service turns satisfied clients into ambassadors for your firm. While appreciation gifts or hospitality, for example, can be a nice touch, they are meaningless without the reliable service behind them. The true measure of outstanding client service is in making complex legal matters as smooth and stress-free as possible.

Seven Pillars of Seamless Legal Client Service

To consistently deliver outstanding client service, legal professionals should focus on these key principles:

Understand Your Client – Know their goals, concerns, and expectations.
Deliver Convenience and Ease of Use – Make processes straightforward and accessible.
Be Proactive – Anticipate client needs before they arise.
Personalize Your Approach – Tailor communication and solutions to each client.
Communicate Clearly and Regularly – Keep clients informed without overwhelming them.
Keep Your Promises – Reliability builds trust and long-term relationships.
Seek and Act on Feedback – Continuously improve based on client insights.

Reframing the goal from going “above and beyond” to making the legal journey as effortless as possible will create a strong foundation for long-term success. And by doing so, law firms can build lasting client loyalty and a reputation for excellence that sets them apart in an increasingly competitive industry.

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Community Spotlights

Community Spotlight: Georgios Tzoumakas, Director of Capital & Investor Relations, Heirloom Fair Legal

By John Freund | March 18, 2025

Georgios is a seasoned finance professional with extensive experience across investment banking, technology, and the Food & Beverage industry. With a strong academic foundation, he holds a master’s in finance from the London School of Economics (LSE) and a master’s in management from Cass Business School, equipping him with deep financial expertise and strategic insight.

He began his career at a boutique investment bank in London, where he honed his skills in deal structuring, financial modelling, and capital markets. His career includes a pivotal role at Diageo, where he contributed to the overall marketing strategy for its premium alcoholic products. He has also been actively involved in the tech space, leveraging his financial acumen to drive innovation and business growth.

Currently, Georgios holds a pivotal role at Heirloom Fair Legal, which specialises in legal financings in the individual and small business consumer claims sector. As the Director of Capital & Investor Relations, he coordinates Heirloom’s co-investment program, allowing families to benefit from Heirloom’s deep experience and expertise. Through his leadership, he helps families who are interested in the sector but don’t have the extensive internal resources needed to learn more about this space and access the opportunities within it.

Heirloom focuses on funding meritorious legal cases and firms with strong recovery prospects, leveraging deep industry expertise and a robust network of legal and financial professionals. Georgios helps co-investors and families understand this unique asset class, which offers attractive, risk-adjusted returns, independent of traditional market cycles.

Headquarters: London, UK

Area of Focus: Family office services, Legal finance

Member Quote: “Countless claims fail to reach the courts – not for lack of validity, but due to financial constraints and the absence of expert guidance. At Heirloom, we are steadfast in our commitment to advancing access to justice by providing both the strategic expertise and financial backing necessary to bring deserving cases to light. As pioneers in motor finance claims, we are leading the charge in holding institutions to account and ensuring claimants receive the redress they rightfully deserve.“

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Announcements Commercial

LCM Releases Interim Results for the Half Year ended 31 December 2024

By Harry Moran | March 18, 2025

Litigation Capital Management Limited (LCM) has released the following announcement detailing its interim results for the half year ended 31 December 2024:

Highlights

Seven realisations in period generating A$51m of revenue
Net realised gains of A$37.4m (HY24: A$19.6m), with concluded investments generating a 3.67x multiple of cash invested (MOIC)
Total income of A$4.7m (HY24: A$21.6m) due to A$32m negative fair value movement driven by fair value write-offs on concluded investments
Loss after tax for the period of A$8.4m (HY24: profit A$7.3m)
Net assets of A$181.8m (HY24: A$188.9m)
Book value per share of 86.3 pence (FY24: 94.4 pence)
Total new commitments of A$34m added in the period (HY24: A$90m)

Outlook

Fund management momentum accelerating, with Fund III on track for launch before 30 June 2025
New commitments expected to rebound in the second half of FY25.

Commenting on the results, Patrick Moloney, CEO of Litigation Capital Management, said: “The first half of the year reflected the inherent volatility of litigation finance. While we secured significant wins in two arbitration cases, we also faced setbacks with two class action losses at trial, which are now subject to appeal. Our transition to a fund management model continues to gain momentum, and as we scale, we expect to reduce financial unpredictability. We remain disciplined in capital allocation, focused on generating strong long-term returns for our investors and shareholders.”

LCM will be hosting a webinar for investors today at 11.00 a.m. The presentation is open to all existing and potential shareholders. If you would like to attend this presentation, please register using the following link:

The full release from LCM, including detailed financial breakdowns and the Chief Executive’s full statement, can be read here.

Commercial Deals

By Harry Moran | March 18, 2025

The value of litigation funding in being able to offer victims, who otherwise would lack the required financial resources, access to justice, is seen as one of its greatest strengths. This beneficial quality can be seen most clearly in cases that not only seek legal redress, but also act as a force for social and moral justice.

An article on Bloomberg Law examines the growing use of third-party funding by law firms to bring sexual abuse lawsuits against organizations including the Catholic Church, Boy Scouts and prisons. This turn towards working with litigation funders has been caused in part by the increase in volume of these claims, driven by changes made by states to the window in which past sexual abuse claims can be brought.

The similarities between mass tort claims and sexual abuse suits is highlighted as an attractive feature for legal funders. Jessica Pride, a sexual assault lawyer for survivors in San Diego, explained that “there weren’t as many mass torts to go after and all of a sudden everybody became a #MeToo lawyer when they realized that those kinds of cases were paying out.”

Bloomberg’s article highlights a number of examples of law firms working with third-party funders on these kinds of cases, including: Andrews & Thornton working with Corbin Capital and Catalur Capital from 2020 to 2023, Slater Slater & Schulman taking on loans from multiple entities between 2021 and 2024, Jeff Anderson and Associates receiving funding from Delaware LLC Kensal Green since 2021.

A recent press release from Legal-Bay, shared by LFJ, offers another example of a legal funder setting dedicated capital aside for the backing of sexual abuse and harassment lawsuits.

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Community Spotlights

Community Spotlight: Craig Allsopp, Joint Head of Class Actions, Shine Lawyers

By John Freund | March 17, 2025

Based in Sydney, Australia, Craig Allsopp is the Joint Head of Class Actions at Shine Lawyers. Craig has over two decades of experience in class actions and large-scale litigation in both the private and public sectors. His unwavering commitment to justice has left an indelible mark on Australia’s legal landscape, positioning him as a trailblazer in shareholder dispute resolutions. Craig’s distinguished career is studded with triumphs that have shaped legal precedent. In every case he sees through, Craig strives to obtain justice for thousands of people impacted by the misconduct of corporations, the big banks and other major financial service institutions, and Australian governments. In particular, Craig has worked on some of Australia’s highest profile shareholder and social justice class actions.

Craig's dedication to legal excellence and social justice is demonstrated by the profound impact he has on the legal landscape. He has set a standard for advocacy and achieving substantive change in the pursuit of fairness and accountability, particularly in corporate and government sectors.

Company Name and Description: Shine Lawyers is an Australian law firm specialising in personal injury compensation and class actions. As one of Australia’s leading class actions firms, Shine Lawyers passionately fights to obtain justice for those who have been wronged and suffered loss at the hands of institutions or corporations.

Company Website: https://www.shine.com.au/

Year Founded: 1976

Headquarters: Brisbane, Queensland, Australia

Area of Focus: Class Actions

Member Quote: Third-party litigation funding has significantly improved access to justice in Australian class actions allowing individuals to pursue representative claims against corporations and governments for various alleged misconducts.

Case Developments Commercial

By Harry Moran | March 17, 2025

The Banking Royal Commission established by the Australian government uncovered a wide range of misconduct and failing by the country’s financial institutions, with a slew of litigation and class action claims being brought in the aftermath. Six years on from the commission’s final report, some of these class actions are only now reaching a conclusion.

An article in Reuters covers the news that the Westpac Group has agreed to settle a class action brought against it by car loan customers, over “flex commissions” paid to car dealers by Westpac and St George Finance. The provisional settlement, which is subject to court approval, is for A$130 million and would see the class action resolved without Westpac accepting any admission of liability.

The claim was brought by law firm Maurice Blackburn in 2020 on behalf of consumers who entered into a finance agreement for the purchase of a car issued under Westpac or St George’s credit licence, between 1 March 2013 to 31 October 2018. In its announcement, Westpac said that it has not paid these flex commissions to car dealers since 2018, and had ceased providing new lending through its dealer introduced auto finance business since 2022.

At the time of reporting, Maurice Blackburn had not yet issued a statement on the announced settlement.

The full announcement from Westpac Group can be read here. More information about the class action can be found on the Supreme Court of Victoria’s website.

Commercial People Moves

By Harry Moran | March 17, 2025

An announcement from Omni Bridgeway confirms the appointment of David Breeney as Global Chief Financial Officer (GCFO), having officially taken over the role on 1 March 2025. The appointment sees Breeney move up from his previous position as Deputy CFO, having first joined Omni Bridgeway as Global Head of Financial Control in November 2023.

Prior to his time at Omni Bridgeway, Breeney spent 12 years at asset management firm Challenger Limited, where he served as Financial Controller for funds management and real estate. In the announcement, Omni Bridgeway said that “the background and experience of Mr. Breeney align well with the stated strategy of accelerated transition towards a fund and asset management model.”

The announcement also revealed that the departing GCFO, Guillaume Leger, will be leading the establishment of a capital formation team to coordinate fund capital raising activities of the group. After a period of three months in this role, Leger will be leaving the company and Omni Bridgeway will look to hire a permanent senior capital formation professional as a replacement.A separate announcement from Latitude Group Holdings confirms that Guillaume Leger will become the company’s new Chief Financial Officer on 16 June 2025.

Commercial Deals

By Harry Moran | March 17, 2025

As LFJ reported in January, a mining company’s investor-state dispute with the Moroccan government over a potash project has led the company to seek and secure third-party funding for its arbitration claim.

An announcement from Emmerson Plc reveals that the potash development company has drawn down the first tranche of its litigation funding, following the signing of an $11 million Capital Provision Agreement (CPA) with an unnamed litigation funder earlier this year. Emmerson explained that this initial draw down will cover all the company’s legal costs to date, whilst allowing its legal team to prepare and complete the next steps in the arbitration proceedings brought against the Moroccan government.

The announcement also detailed that alongside this first draw down, Emmerson and its subsidiaries in the UK and Morocco have “granted certain securities and charges over their assets to the funding counterparty in relation to amounts drawn down.”

The company explained that this is a normal action for litigation funding agreements, with the granting of these securities not to be enforced unless Emmerson fails to meet its obligations under the CPA.

Commercial People Moves

By Harry Moran | March 13, 2025

The beginning of 2025 has already been a busy few months for Heirloom Fair Legal, with the funder expanding to the UK through its acquisition of Hayes Connor Solicitors last month, and the legal finance company is continuing to build on that momentum through two new appointments.

An article in The Law Society Gazette covers the appointment of two senior executives at Heirloom Fair Legal (HFL), with Steve Din and Phil Hales joining the funder. Din has taken up the role of senior vice-president at HFL and Hales has been appointed to the position of vice-president of funding relationships, with both sitting on HFL’s investment committee alongside the company’s co-founders.

Both Din and Hales join HFL from Doorway Capital, with Din founding Doorway in 2015 and Hales having spent the last three years at the company as business development director. Commenting on his move to HFL, Din said that the funder’s “larger infrastructure and bespoke approach” would allow them to “provide more flexible structures and be more creative in designing funding packages that meet the legal ecosystem’s needs.”

These new hires form part of HFL’s ambitious growth strategy, with the funder planning to exceed $250 million in funding to law firms and claimants by the end of 2026.

Geoff Dover, co-founder of HFL, highlighted the experience that Din and Hales would bring to the company, pointing out that “at Doorway, they led the way in putting law firms large and small onto solid financial foundations.” Dover went on to add: “We look forward to their contributions toward partnering with law firms and service providers that share our goal of resolving disputes more quickly and cost effectively by combining technology, legal advice and finance solutions.”

Case Developments Commercial

By Harry Moran | March 13, 2025

Whilst there is much discussion about what level of disclosure should be required around litigation funding, it is rare that outsiders to a claim can gain insight into the structure of these funding agreements. However, the certification of opt-out collective proceedings by the Competition Appeal Tribunal (CAT) has offered a rare view of one such funding arrangement.

A judgment handed down by the Competition Appeal Tribunal yesterday granted the application for a Collective Proceedings Order (CPO) in the case of Bulk Mail Claim Limited v International Distribution Services Plc (formerly Royal Mail Plc). The Tribunal certified the opt-out collective proceedings, finding that the Proposed Class Representative’s (PCR) methodology “is sufficiently credible and plausible”, and further stated that it was “satisfied that there is at least a good arguable case that there has been an overcharge.”

The Bulk Mail Claim focuses on allegations that International Distribution Services abused its market dominance to overcharge customers for its bulk mail services. The proposed class is provisionally estimated to consist of 290,477 customers who purchased bulk mail retail services, with the value of the claim estimated to reach £1 billion. Mr Robin Aaronson, an economist specialising in competition policy, is acting as the director of the PCR and Asertis is providing litigation funding for the claim.

As part of its assessment of the CPO application, the CAT evaluated the terms of the litigation funding agreement between the PCR and Asertis, and found “that they do not appear to be unreasonable.” The judgment also offered some detail on the funder’s return as specified in the agreement, which is laid out below:

“In the event of success, the drawn funds will be repaid, plus a multiplier comprising two elements: a priority multiplier of 1.5x of the drawn funds and a balancing multiplier of 0.5x for the first 12 months. There is also an increase in the balancing multiplier of 0.1875 per every quarter. There is a cap of 5.75 overall, which applies to the aggregate of the priority multiplier and the balancing multiplier.”

The Tribunal also noted that the funding agreement had been amended to address its prior concerns that the agreement “did not expressly specify that prior to any settlement there should be a written legal opinion or memorandum on the proposed settlement.” Similarly, the Tribunal responded to concerns raised by the defendant that “Asertis would not be able to meet an adverse costs order”, finding that the PCR’s legal team had provided confirmation of Asertis’ financial position, bolstered by an ATE insurance policy with “a limit of indemnity of £15 million post-CPO”.

The CAT’s judgment can be read in full here.

More information about the Bulk Mail Claim can be found on its website.

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Announcements Commercial Fundraising

Tenadio Corp Completes $60 Million in Financing for Patent Litigation Program

By Harry Moran | March 13, 2025

Tenadio Corp, a consulting firm specializing in advising patent owners and inventors, announced it has completed an additional $60 million in financing for the Patent Capital Funding Program (“PCF”), a litigation finance program established by Tenadio’s founding principal, Michael Ciuffo.

Waterford Capital, Inc., a Dallas, Texas based broker-dealer, was the sole placement agent for the transaction, which was privately placed with institutional investors.

“The PCF Program is off to a great start for 2025. We are excited to have added new partners and participants in this round of funding and are very encouraged with recent events in patent litigation that will further strengthen our clients’ positions in defending the value in their intellectual property rights,” said Michael Ciuffo.

“The Patent Capital Funding Program continues to be a reliable funding source for patent owners, having raised approximately $315 million in patent infringement litigation financing to date. We are so grateful for the collaboration of everyone involved, which is a key to the Program’s success, and we look forward to continuing its expansion,” said Dave Piotrowski, Managing Director of Waterford Capital.

About Tenadio Corp

Tenadio Corp utilizes decades of experience in structured finance and litigation funding to develop optimal funding structures for patent holders and infringement litigation. Tenadio works with its advisors and partners to offer a full platform of patent litigation services, including patent valuation, monetization, funding options, and lead counsel selection. Tenadio provides a thorough evaluation of each patent infringement case, creating a structure that provides an attractive investment opportunity while simultaneously monetizing proceeds associated with future infringement cases.

About Waterford Capital

Waterford Capital, Inc. is a leading arranger of litigation finance and other structured finance and asset securitization transactions. The firm arranges capital for clients in connection with patent infringement financing, asset-backed credit facilities, private placements of asset-backed securities, and whole loan sale programs. Waterford Capital is a registered broker-dealer and member FINRA/SIPC.

Commercial Regulatory Issues

By Harry Moran | March 13, 2025

As LFJ covered last week, we are continuing to see a push for new regulations governing third-party legal funding in the U.S., with more and more states moving forward with bills aiming to increase disclosure requirements.

An announcement from the Oklahoma House of Representatives details the passage of House Bill 2619, known as the Foreign Litigation Funding Prevention Act. Much like other bills progressing through state legislatures across the country, HB 2619 has a dual focus on increasing transparency around third-party funding, and on the involvement of foreign actors in domestic litigation. HB 2619 passed the House by a vote of 88-2.

The current draft of the bill requires any party to comply with disclosure requests and produce any commercial litigation funding agreements that they have entered into. Furthermore, the bill dictates that this disclosure must include a certification “as to whether any funds encumbered by the terms of the agreement have been or will be sourced from a foreign state or agency or instrumentality of a foreign state.” This certification would also require the disclosure of the identity of the foreign funder. Consumer litigation funding agreements are exempt from these rules.

Representative Erick Harris, who authored the bill, explained the aims of this legislation in the following statement:

"We must ensure that our courts remain a place for justice, free from manipulation by foreign powers seeking to influence the outcomes of cases for their own benefit. This bill strengthens the integrity of Oklahoma's legal system and prohibits foreign adversaries, like Russia and China, from attempting to fund litigation that could undermine the fairness of our courts. This legislation will help preserve the sanctity of our judicial process and protect the rights of Oklahomans from external interference."

The full text of the bill can be accessed on the Oklahoma State Legislature’s website.

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Announcements Commercial

Juris Capital Joins the International Legal Finance Association

By Harry Moran | March 12, 2025

The International Legal Finance Association (ILFA), the only global association of commercial legal finance companies, announced that Juris Capital has joined their association, adding to their rapidly growing membership base.

Juris Capital is committed to delivering innovation solutions for financial stability for commercial litigation and arbitration along with investments in law firms through creative billing arrangements. Juris Capital’s team has over twenty years of experience investing in commercial litigation, all of their principals are licensed attorneys or certified public accountants.

"Juris is excited to join ILFA to provide perspective from its over 15 years of operation," said David Desser, Juris Managing Director.

"We believe the industry faces an inflection point, where the choice of policies will affect outcomes for businesses, consumers, and funders, and we will support ILFA's effort to secure sound policies in the United States and abroad." said Dane Lund, Juris Managing Director.

Rupert Cunningham, Global Director of Growth and Membership Engagement at ILFA, commented on Juris Capital joining ILFA, saying “I’m delighted to welcome Juris Capital to ILFA’s growing ranks. Juris’ team bring with them a great deal of experience in litigation finance and we at ILFA look forward to working with David and Dane, whose expertise will be invaluable in our efforts to support and represent the legal finance sector globally.”

About the International Legal Finance Association  

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world.

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official.

Commercial People Moves

By Harry Moran | March 12, 2025

The involvement of litigation funders in intellectual property and patent disputes has never been without controversy, with the President’s choice of nominee to lead the country’s patent office only serving to reignite the debate over the role of third-party funding.

Reporting by Bloomberg Law covers the news that President Trump has nominated John A. Squires to lead the U.S. Patent and Trademark Office (PTO), with the article highlighting the key role Squires played in the founding of Fortress Investment Group’s Intellectual Property fund. Squires’ involvement with Fortress goes back a decade to his time as a partner at Perkins Coie, where he supported the company’s launch of a $4 billion fund dedicated to patent monetization.

The President’s decision to nominate Squires has provoked strong reactions, with Fortress’ billions of dollars poured into litigation funding and patent monetization being a divisive issue in the country’s patent industry.

Joe Matal, former acting director of the PTO, did not hold back in describing Fortress as “the antichrist of the patent world”, arguing that the investment giant “fund just the worst litigation against critical technology sectors and they won’t tell anyone who’s behind any of it.” Joshua Landau, senior counsel at the Computer & Communications Industry Association, offered a more measured response but noted that Squires’ past involvement with Fortress IP finance group is “somewhat concerning.”

However, proponents of litigation funding for intellectual property and patent disputes welcomed the news of Squires’ nomination. Bryce Barcelo, director of intellectual property at Certum Group, said that Squires “has the real opportunity to bring IP litigation funding to the forefront and out of the darkness a little bit and highlight that this can be a good thing.” Sarah Tsou, global head of intellectual property at Omni Bridgeway, expressed hope that Squires “might be more in favor of bringing accessible and efficient processes for acquiring patents and other IP for smaller companies and startups”, but cautioned that his appointment would not “turn a weak patent into a strong one.”

A spokesperson from Fortress highlighted Squires’ work with the firm’s IP team, saying that his “counsel reflected a deep understanding of the intellectual property space”, and underlined the company’s “utmost respect for his intellect, objectivity and expertise.”

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Announcements Consumer

Legal-Bay Pre-Settlement Funding to Begin Funding Hawaii Wildfire Claims After Major Supreme Court Decision

By Harry Moran | March 12, 2025

Legal-Bay, the Pre Settlement Funding Company, announces today that they are committed to funding their clients in Hawaii who are dealing with wildfire claims. In light of the Aloha state's Supreme Court ruling last week, a previously stagnant $4 billion settlement has now been allowed to proceed, providing financial assistance to numerous displaced Hawaiians still dealing with the after-effects of the deadly inferno.

The 2023 Lahaina wildfire on the island of Maui was the most devastating United States fire in over a century. It killed over 100 people and turned entire towns into ash. Thousands of lawsuits against those responsible for the blaze--including Hawaiian Electric, Kamehameha Schools, the state of Hawaii, and Maui County—soon followed. While the $4 billion offer doesn't come close to covering the $5 billion in property damage—not to mention the incalculable loss of life—attorneys accepted the offer amidst rumblings that the main defendant, Hawaiian Electric, might declare bankruptcy.

Between homeowners, renters, and businesses, insurance companies have already paid out $1.5 billion to victims and are expected to pay out close to $1 billion more. Monday's ruling is a good way for insurance companies to receive reimbursement as well as victims to receive future payouts, paving the way for all parties to move forward with their claims. The case is scheduled to be sent back to a Maui judge to determine what comes next.

Chris Janish, CEO of Legal-Bay, commented, "My personal connection to Lahaina and its residents makes seeing the devastation that much harder. We are committed to immediately funding wrongful death wildfire cases in large funding amounts for those families that need it. And we will be assisting renters who are displaced by getting cash advances to help them until a final settlement comes. Our experience in California wildfire cases enables our underwriting team and staff to process approvals quickly for renters, homeowners, and commercial claims."

If you are a lawyer or plaintiff involved in an active wildfire lawsuit and need an immediate cash advance settlement loan against an impending lawsuit settlement, please visit Legal-Bay HERE or call toll-free at 877.571.0405.

Legal Bay has a long history dealing with wildfire lawsuits, as they've been a leader in almost every case over the past seven years. They were one of the first companies to fund PG&E plaintiffs during the California Camp Fire lawsuits back in 2018, and they've remained involved throughout every wildfire and natural disaster since. They are dedicated to supporting their clients in need of financial assistance, specifically those that are dealing with the aftermath of natural wild fire disasters in places like Hawaii, Oregon, Washington, and California.

Numerous renters, homeowners, and business owners have been temporarily displaced, or seen their homes and companies destroyed altogether. Amidst the devastation and uncertainty, people who have been affected by tragedy need help and they need it now. In these circumstances, legal funding—sometimes referred to as "lawsuit loans" or "settlement loans"—can be immensely beneficial. Legal-Bay is leading the charge to provide loans for settlements to affected residents as soon as possible.

As a leading lawsuit funding provider, Legal-Bay knows that relocation efforts can cost their clients money they don't have. Some are looking into loan settlement options in order to fund basic living expenses while they get their lives back on track. A loan for settlement can also help bridge the gap of time it will take to receive that eventual check from the insurance company. Legal-Bay is proud of the numerous funding they've provided for their current crop of clients along with providing a multitude of loan on lawsuit options for any future financial needs.

If you're the plaintiff in an existing wildfire lawsuit and need an immediate advance against your anticipated cash settlement award, you can apply HERE or call: 877.571.0405

Legal-Bay lawsuit funding remains vigilant in helping clients who have seen their homes and properties damaged by recent events. Additionally, any new clients that have an existing lawsuit and need cash now can apply for regular settlement funding to help them get through their own crises. Legal-Bay funds all types of loans for lawsuits including personal injury, slips and falls, car accident lawsuit, property damage, commercial litigation, and more.

Legal-Bay is one of the best lawsuit loan companies when it comes to providing immediate cash in advance of a plaintiff's anticipated monetary award. The non-recourse law suit loans—sometimes referred to as loans for lawsuit or loans on settlement—are risk-free, as the money doesn't need to be repaid should the recipient lose their case. Therefore, the lawsuit loan funds aren't really a loan, but rather a cash advance.

To apply right now, please visit the company's website HERE or call toll-free at: 877.571.0405 where agents are standing by.

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Announcements Deals

Mustang Litigation Funding Selects Theo Ai to Transform Case Underwriting with AI-Powered Insights

By Harry Moran | March 12, 2025

Theo Ai, the first predictive AI platform for litigation, today announced a strategic partnership with Mustang Litigation Funding, a litigation finance company. By leveraging Theo Ai’s predictive engine to automate the case review process, Mustang can confidently select cases faster with a greater rate of success. On the heels of Theo’s $2.2M funding in November, this collaboration exemplifies Theo’s ability to provide strategic insights for a company’s existing portfolio, and it puts Mustang at the forefront of AI-powered advancements, utilizing their extensive proprietary database to create a custom-fit algorithm tailored just for their needs.

Mustang has funded over $170MM in cases across the U.S. to provide innovative litigation funding solutions. While demand for their services is high, reviewing thousands of cases quickly and accurately can lead to a bottleneck. Theo Ai solves this problem by delivering a tool that is capable of automating the task of finding “winners” and delivering insights into case probability. With AI trained on historical and proprietary data along with real-time analytics, Theo Ai boosts confidence in case selection, accelerates workflows and due diligence, and ensures compliance. Additionally, Theo Ai streamlines the review of case records to ensure comprehensive insights and improved accuracy in case evaluations. Included in the collaboration, Mustang will have access to the Theo Ai platform that identifies and unlocks new funding opportunities faster than ever before.

“At Mustang Litigation Funding, we’re always looking for the latest in tech-focused solutions to benefit our clients,” says Seth Rieger, CTO of Mustang Litigation Funding. “With Theo Ai, Mustang is advancing towards a future in which it will be able to consistently and reliably evaluate cases within seconds to pinpoint high-value opportunities. By harnessing the efficiency of AI, we believe we will be setting a new standard in litigation funding.”

“We’re thrilled to empower Mustang’s customer portfolio with Theo Ai. By automating compliance checks and reducing the risk of manual errors, Theo Ai can speed up the deal-closing process with confidence and improved accuracy,” says Patrick Ip, CEO and Co-Founder of Theo Ai. “By improving case selection by just 1% annually, Mustang and its partners will profit from increased ROI and additional revenue. Not only will this benefit Mustang when prospecting new cases but will also unveil strategic insights into their existing clientele.”

The partnership allows Mustang Litigation Funding to reduce losses by avoiding low-return cases and enhance revenues by focusing on high-probability, high-yield cases, all while saving valuable time with automation. This marks a pivotal step forward for law professionals and the legal industry as a whole. By combining Mustang’s commitment to supporting individuals and law firms seeking justice with Theo Ai’s groundbreaking predictive technology, the two are setting the benchmark for efficiency, precision, and success in litigation funding.

To learn more and join the waitlist for Theo Ai, visit: Theo Ai

About Theo Ai

Theo Ai is the first predictive engine designed by technical and legal professionals to forecast the outcome of legal disputes. Its AI models are trained on historical case data and incorporate real-time analytics with predictive modeling to deliver accurate and actionable insights. Theo Ai is meeting the most critical need for legal professionals - offering accurate case outcome predictions, backed by data. To learn more and join the waitlist for Theo Ai, visit: https://theoai.ai/#product

About Mustang Litigation Funding

Founded in 2018 and headquartered in Wayzata, Minnesota, Mustang Funding is a leading litigation finance company dedicated to empowering justice through innovative and transparent funding solutions. With over $170 million funded across more than 3,000 unique cases and partnerships with over 1,000 law firms nationwide, Mustang Funding ensures financial constraints never hinder access to fair legal representation. Guided by their core values of transparency, integrity, and unwavering client support, Mustang Funding is committed to reshaping the legal finance landscape to make justice accessible for all.

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Community Spotlights

Community Spotlight: Stephen Kyriacou, Head of Litigation and Contingent Risk Solutions, Willis Towers Watson

By John Freund | March 12, 2025

Stephen is a seasoned litigation and contingent risk insurance broker and former practicing complex commercial litigator who joined WTW in February 2025 as Head of Litigation and Contingent Risk Insurance. In his role, Stephen evaluates litigation-related risks and structures bespoke litigation and contingent risk insurance policies for litigation finance, hedge fund, private equity, law firm, and corporate clients.

Prior to joining WTW, Stephen was a Managing Director and Senior Lawyer in Aon's Litigation Risk Group. Stephen joined Aon in 2019, and was the first insurance industry professional dedicated solely to the litigation and contingent risk insurance market, leading the Litigation Risk Group's origination and business development work, in-house legal diligence, efforts to advocate for coverage with underwriters, and negotiation and structuring of insurance policies. During his time at Aon, Stephen was a three-time Risk and Insurance Magazine “Power Broker” (2022, 2023, 2024); spearheaded the development of judgment preservation insurance and insurance-backed judgment monetization as well as the synergy of litigation and contingent risk insurance with litigation finance; and was responsible for placing billions of dollars in total coverage limits – including the largest ever litigation and contingent risk insurance policy, and several policies that each provided over $500 million in coverage limits – and delivering hundreds of millions of dollars in premium to insurers. Stephen additionally provided consulting and broking services on litigation-driven, insurance capital-based investment opportunities and sales of litigation claims, insurance claims, and subrogation rights as part of the Aon Special Opportunities Group.

Prior to joining the insurance industry, Stephen was a complex commercial litigator in the New York City office of Boies, Schiller & Flexner from 2011 to 2019. While at BSF, Stephen amassed significant trial, appellate, and arbitration experience representing both plaintiffs and defendants in the U.S. and abroad across a wide array of practice areas, including securities, antitrust, constitutional, insurance, first amendment, employment, government contracting, and criminal law, as well as in multidistrict and class action litigation. Stephen's clients included banks and other major financial institutions, private equity firms, technology companies, foreign sovereigns, professional sports teams, television networks, insurance companies, corporate executives, and other high-net-worth individuals.

Stephen earned his J.D. from the New York University School of Law in 2010, and is a member of the New York State Bar. He also clerked for the Honorable Tanya S. Chutkan in the United States District Court for the District of Columbia.

Company Name and Description: Willis Towers Watson

Company Website: https://www.wtwco.com/en-us

Headquarters: Stephen is based in New York

Area of Focus: Litigation and contingent risk insurance for litigation finance, hedge fund, private equity, law firm, and corporate clients

Member Quote: “I have been working with litigation finance firms to insure their litigation-related investments since I first entered the insurance industry in 2019, and I view litigation finance and funder-backed plaintiff-side litigation as the most important growth areas for the litigation and contingent risk insurance market, as well as the areas where coverage can be most value additive for clients.

I have also been bringing litigation finance firms into insurance transactions as financing counterparties since I first devised the concept of insurance-backed monetization for judgment preservation insurance clients back in 2020, which concept has since expanded to the point where litigation finance capital has become inexorably intertwined with all forms of plaintiff-side insurance coverage.

As the market for this insurance pivots away from single-case risks and towards portfolio-based policies for litigation finance firms and the law firms that they fund, litigation finance clients can trust that WTW will be at the forefront of innovating new coverage structures and concepts to address their unique risk management needs and ambitious financial goals, will deliver best-in-class client service utilizing our incomparably strong and longstanding relationships with underwriters, and will be a vocal champion of litigation finance both within and outside of the insurance industry.”

Case Developments Commercial

By Harry Moran | March 11, 2025

Whilst litigation funders can provide the financial resources for individuals and companies to gain access to justice, the benefits that this service provides do not shield the industry from criticism; especially where lawsuits can be portrayed as putting business interests over social or environmental progress.

An in-depth article in The Guardian covers the growing trend of third-party funding supporting investor-state disputes focused on environmental regulations. In these cases funders are often backing companies who have seen their profits harmed by ‘green laws’, with a large potential upside for the funder due to the sizeable awards in play and the diminished risk of counterclaims being brought by governments.

Analysing the publicly available data from over 1,400 of these cases brought against nation states, The Guardian’s investigation details more than $120 billion in awards through claims in investor-state dispute settlement (ISDS) courts. As the article notes, this figure may be a severe underestimation of the true total, as only 34% of cases where a settlement or award was made had disclosed the financial value of the award. Similarly, whilst the involvement of third-party funders is not always disclosed, The Guardian found at least 75 ISDS cases where such a party was involved, with more than half of those backed by investors in the UK, US or Canada.

This trend has been the target of some criticism from lawyers and arbitrators involved in these disputes, with Muthucumaraswamy Sornarajah noting that it is often “developing countries” that are the targets of claims backed by investors who see the ISDS system as “big business.” Lisa Sachs, director of the Columbia Center on Sustainable Investment, also argued that the risk mitigation offered by having a funder cover the legal costs is effectively “removing a key deterrent to bringing weak or speculative claims.”

In response to its investigation, Burford Capital was the only funder who agreed to speak with The Guardian. The funder rebuffed the idea of supporting frivolous claims, pointing out that “legal finance provides a vetting function and weeds out meritless cases: we only get paid when our clients win their cases”. Burford’s CEO, Christopher Bogart, questioned whether these kinds of cases were unique, saying that he does not think “ISDS is any more high potential or lucrative than lots of other areas of litigation.”

Commercial Deals

By Harry Moran | March 11, 2025

For any litigation funder, success is measured in favourable outcomes for the cases they support, as well as in their ability to deliver on the returns for investors who provide the foundational capital needed for these businesses.

An article on Insider Media highlights a new landmark for Nera Capital, as the litigation funder announces that it has now exceeded $100 million in repayments to its investors. This latest milestone comes off the back of a strong run of case investments, with the funder spotlighting its backing of a major hernia mesh claim in the United States where Nera supported claimants who suffered complications from defective mesh implants.

In addition to the successful mesh claim, Nera has also built a track record of investing in commercial cartel cases and personal injury claims, with two European anti-trust claims that have settlement values of over $20 billion. Building upon these investments, Nera is anticipating the launch of a new $75 million fund that will support the funder’s ambitious growth plans.

Aisling Byrne, director and co-founder of Nera Capital, said that “surpassing $100 million in repayments is a testament to the firm’s disciplined investment strategy and commitment to delivering on promises.” Speaking to the philosophy behind the company’s investment strategy, Byrne stated: “We are not just funding litigation; we are helping people achieve justice while ensuring our investors benefit from well-structured, high-value opportunities.”

Read more about Nera Capital in LFJ’s Community Spotlight with Aisling Byrne.

Public

Commercial

PIB Group expands its MGA division acquiring market-leading specialist litigation insurance MGA Litica

By Harry Moran | March 11, 2025

PIB Group Ltd (‘PIB’ or ‘the Group’), the specialist insurance intermediary group, has acquired market-leading litigation insurance provider Litica.

Managing General Agent (MGA) Litica specialises in a range of insurance-backed solutions for private and corporate clients involved in litigation or arbitration.

Litica was founded in London in 2019 by co-founding directors Stephen Bolster and Steve Ruffle. It has since expanded its operations to Australia, the United States and Germany. The company has a large panel of insurer backers and is a Lloyd’s coverholder. This access to significant insurance capacity enables them to underwrite a range of complex and high value litigation types.

Charles Burgess, CEO of Underwriting and Schemes at PIB Group, said: “Having Litica join PIB Group marks an exciting milestone, enabling our MGA division to enter the next phase of growth. Liticia’s operations in Australia and the United States provide our MGA business with a strong foothold in these markets, bringing a wealth of opportunity to the wider Group. We’re excited to have Stephen, Steve and their team join us - their experience will be invaluable.”

Stephen Bolster, co-founding director at Litica, said: “At Litica we have spent the last six years establishing ourselves as the UK's leading provider of specialist litigation insurance, and we are beginning to replicate that success across international markets. Joining an entrepreneurial and ambitious Group provides us with the capabilities we need to continue growing, while still providing our clients with the professional and diligent services we are known for.”

Steve Ruffle, co-founding director at Litica, said: “Being part of an ambitious, bold and fast-paced international Group will ensure we are positioned well to make the most of the opportunities the market continues to present. We are looking forward to leveraging PIB Group’s wide range of products, solutions and expertise in insurance and risk management.”

Public

Announcements Commercial

ILFA and ALF publish summary response to Civil Justice Council review

By Harry Moran | March 11, 2025

ILFA and the Association of Litigation Funders of England and Wales have submitted a joint response to the Civil Justice Council’s consultation on litigation funding.

Legal experts, representative bodies and law firms have also made their submissions public. While there are - of course - a range of views about the sector and possible reforms, there are two common threads:

Firstly, all contributors are in unanimous agreement that litigation funding is a critical tool in the UK for enabling access to justice, from Sir Alan Bates and the subpostmasters in the Post Office scandal to equal pay for supermarket workers.
Secondly, the uncertainty facing the sector because of the 2023 PACCAR judgment is jeapordising that access to justice and must be urgently reversed. In their submission to the CJC, leading Oxford University civil justice academics said “there is a compelling and urgent need to reverse the effects”. The City of London Law Society said “this is an ongoing unsatisfactory state of affairs”. The Class Representatives Network said the current state of uncertainty is “untenable”. The Forum of Complex Injury Solicitors wants to “reinstate the position of prePACCAR”. It goes on.

ILFA and ALF joint response

ILFA and ALF’s submission is based on the views of its members who are among the largest and most experienced funders in England and Wales.

In summary, the views of ILFA and ALF are as follows:

Litigation funding plays a critical role in enabling access to justice. For many claimants, including consumers and SMEs, it provides the only route to redress. For others, litigation funding allows businesses to use their capital to grow their core business and create jobs instead of tying up budgets for litigation costs.
Litigation funding has worked well in England and Wales. As well as providing access to justice, litigation funding promotes equality of arms between parties. Funding also brings other benefits such as promoting the public interest through exposing corporate wrongdoing, driving good litigation behaviour and supporting the development of English jurisprudence. Commonly stated concerns about litigation funding supporting frivolous or vexatious claims are not supported by evidence; in fact, the evidence is that funders are highly selective in the cases they fund, providing a reality check which benefits parties beyond the funded client and helping direct resources towards meritorious claims.
As well as enabling access to justice, litigation funding has developed into a crucial pillar supporting the UK’s leading global role as a legal and financial centre. To ensure this continues, urgent legislation is needed to address the uncertainty caused by the PACCAR judgment.
In the absence of evidence of harm that needs to be addressed and given the detriment that would be caused by additional regulatory burdens, the current self-regulatory approach strikes the right balance. It will continue to evolve by, for example, potential updates to the ALF Code of Conduct in consultation with the CJC.
Funders’ returns should not be capped. The existing, competitive funding market is best placed to assess and price the many risks involved and the practical effect of an (inflexible) cap would be to make fewer meritorious cases fundable and have a negative effect on access to justice.
Litigation funding helps to control costs (via funder scrutiny and oversight of budgets) but costs are subject to many factors including the defendant’s conduct of the case. Arbitrators have discretion to order that the cost of litigation funding should be recoverable as a cost in proceedings. The courts should have the same discretion.
Recoverability of adverse costs and security for costs applications increase the costs of litigation, costs that are ultimately borne by successful claimants. These costs restrict access to justice and diminish claimants’ net recovery. Permitting flexibility in how adverse cost risk is addressed is beneficial for access to justice.
Funders have less control over proceedings than other third parties that provide economic support for litigation. Concerns relating to control by litigation funders are unfounded.
Beyond representative proceedings in the CAT, there is no need to incur the cost, delay and uncertainty of having the court approve settlements of funded proceedings.
Claimants in funded cases are always represented by lawyers, who owe duties to their client alone, which provides protection for claimants when entering a litigation funding arrangement and throughout their litigation. Measures to address conflicts are adequately reflected in best practices and professional regulation.

About the International Legal Finance Association

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official.

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