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Think Tank Calls on Parliament to Regulate Funding “on a Level-Playing Field”

By Harry Moran |

Litigation funders and claimant law firms regularly highlight the value of legal funding for class action cases, both in widening access to justice and ensuring businesses are held accountable for their wrongdoings. However, organisations and interest groups who advocate for the interests of these companies continue to argue that third-party litigation funding is having an overall negative impact on the UK’s business environment and legal sector.

An article in City AM covers the publication of a new report by the Adam Smith Institute, which takes aim at the expansion of class action cases in the UK, claiming that it represents a danger to businesses whilst primarily benefitting litigation funders and law firms. Authored by Sam Bidwell, the report is titled ‘Judge Dread: How Lawfare Undermines Business Confidence in the UK’, not only takes aim at litigation funders, but also calls on the government to “regulate TPLF on a level-playing field, subjecting it to the same rules and regulations as other investment products”.

The ASI report includes a number of recommendations for the regulation of third-party funding and the introduction of measures to redress the balance in favour of businesses facing class actions. In terms of litigation funding, Bidwell argues for the “introduction of a blanket requirement of transparency” and the “consistent application of money laundering regulations, in order to prevent TPLF being used as a backdoor for international financial fraud.” He also suggests that the government must “ensure that the UK’s competition law is fit for purpose, by protecting businesses from class action cases while regulators are in the process of making decisions on questions of regulatory compliance.”

The chairman of the International Legal Finance Association, Neil Purslow, responded to the ASI’s publication by saying: “As this report recognises, funders take on just a fraction of cases after careful consideration of the risk and significant due diligence.” Purslow continued to push back on the report’s critiques of litigation funding, arguing that it is “contradictory and disingenuous in the extreme to simultaneously argue funders take on too few cases while also causing a proliferation in litigation.”

The full report from the Adam Smith Institute can be read here.

Highlights from IMN’s 3rd Annual International Litigation Finance Forum

By Harry Moran |

Earlier this week, Legal Funding Journal attended IMN’s 3rd Annual International Litigation Finance Forum in London, which brought together senior executives and thought leaders from across the legal sector to discuss the industry’s most pressing issues and developments. The one-day conference featured a wide array of discussions covering everything from the broader state of the funding market and external attitudes towards it, to nuances around the evolving relationships between funders, insurers, law firms and claimants.

An overarching point of discussion across the day was whether the market is still growing and if it is still heading in a broadly positive direction, or if there are warning signs on the horizon such as potential regulatory expansion. 

Rose Ioannou, managing director at Fortress Investment Group, made the important point of defining what is meant by ‘growth’, noting that in terms of the number of market participants and wider understanding of litigation funding there is certainly growth, whilst she also cautioned that it was less clear if there would still be continued growth in the volume of available capital. Across these categories, Ioannou emphasised that the most exciting area of growth is in the broader acceptance of funding in the dispute resolution community and that despite the industry’s “naysayers”, there was an increased “sophistication and understanding” of funding participants.

Looking at the near-future for the European funding market, an audience question prompted a discussion about whether we would continue to see gradual growth across the continent or if there was an explosion of activity around the corner. Iain McKenny, founding director of Profile Investment, offered the boldest prediction and suggested that whilst European funding has been “slow and steady for a long time”, renewed activity in individual jurisdictions could indicate that “we may be approaching a tipping point”. Other speakers were more hesitant in predicting a major increase in funding activity across the region, with Paul de Servigny from IVO Capital Partners explaining that it will continue to vary between European countries, with the Netherlands being an example of a jurisdiction where there has been a tangible market boom.

Outside of the European mainland, the issues facing the UK funding market were another hot topic, with speakers reflecting on how the industry has adapted to living in a post-PACCAR world and speculating on how the new government will approach litigation funding. 

Woodsford’s Steven Friel acknowledged that whilst it was disappointing that the election and change in government had resulted in the Litigation Funding Agreements bill being forced down the agenda, it is encouraging that Kier Starmer’s legal background means that the new Prime Minister “intrinsically understands” the issues at play. When asked to speculate on whether we would see legislation to solve PACCAR be introduced in 2025, the panellists were split down the middle, with half agreeing that it would follow the CJC review next year and the other speakers suggesting it would likely get delayed until 2026.

On the subject of future regulations, the recommendations outlined in the recent European Law Institute report were discussed, with the issue of disclosure as one of the key topics. Lerika Le Grange, partner at Taylor Wessing, highlighted that whilst there was a general openness to some level of disclosure, an attempt to mandate the disclosure of the source of investment funds could create a sense of nervousness among investors.

The dynamics of the relationships between funders, insurers and law firms was another frequently discussed area at the conference, with one of the primary questions being: are funders and insurers increasingly competing against one another? Most speakers at the event shied away from describing the two business models as being in direct competition, with Verity Jackson-Grant from Simmons & Simmons describing them aptly as businesses that serve different purposes whilst still supporting and facilitating cases between them. In a similar vein of thought, Kerberos Capital Management’s CEO Joseph Siprut acknowledged that whilst there can be “some tension” between funders and insurers, he highlighted that from a funder’s perspective “the ability to layer in insurance is value additive”.

Overall, IMN’s International Litigation Finance Forum once again succeeded in delivering a full day of informative and engaging discussions, whilst providing the opportunity for key stakeholders to network and exchange ideas as they continue to try and shape the best path forward for the industry.

Unleashing the Potential of Outsourcing

By Richard Culberson |

The following article was contributed by Richard Culberson, CEO of Moneypenny & VoiceNation, North America.

Every leader knows the importance of maximizing the potential of their people, clients, and business. It's about recognizing the value of your resources and optimizing their efficiency. This can be achieved by streamlining, leveraging technology, and investing in people, however, one solution that is gaining momentum in the legal world is outsourcing.  

Traditionally, businesses used outsourcing to save money by obtaining help with non-essential administrative tasks, thereby avoiding the costs of hiring and training employees and purchasing equipment and it’s been proven to be an effective way to control expenses. 

However, today, Outsourcing 2.0 is more than just a cost-saving measure. It is about collaborating to grow, thrive and maximize value.  

Take the humble phone call as an example. Whether it is a new inquiry or an existing client, every call is important and ensuring that they are answered, and opportunities are never missed is particularly crucial for law firms, whatever their size. On average one in 10 calls to a law firm is from someone making a new inquiry. If they go unanswered that is business lost, or worse, it is business that goes to the competition.  

Outsourcing your calls could help you never miss a call, avoid interruptions, and support business continuity. For example, it can allow your firm to operate seamlessly, whether it is a busy day in court, meetings, an office move, or a holiday. Furthermore, it should be able to work as a faultless extension of your business, so that no one knows you have a partner to answer your calls, for example.  

The same goes for other functions. Marketing and IT tasks can take away time that attorneys could be spending on billable hours. Just like you would hire an expert in a field that is out of your legal realm, outsourcing can support law firms to save valuable time, manage overflow, reduce costs, improve the litigation process, and allow employees to focus on key tasks. 

As a business leader, you understand your business's strengths and areas where it needs support better than anyone else, so it is logical to look at ways you can focus on these strengths and seek assistance for other aspects.  Especially when you consider the tangible benefits that outsourcing can deliver to businesses, all while making financial sense. The key is finding the right partner. 

So, how can you ensure that outsourcing works for your business? 

Outsourcing will only work in the long term if both parties approach it as a partnership. It's all about collaboration. With commitment and effective communication from both sides, long-term success can be achieved, however, it does require investment of time to get it right; treating it as a one-time deal will limit its potential. 

So, it's all about finding your perfect partner, one that aligns well with your business, not only in terms of skills and experience, but also in terms of culture and values. This requires thorough research and careful evaluation. 

There is no doubt that outsourcing can help you to unleash your law firm's potential by allowing you to focus on your core competencies while delegating other activities to external experts. This can lead to increased efficiency, cost savings, and access to specialized skills and resources that may not be available in-house freeing up time and resources to drive growth and also provide the flexibility to scale operations up or down based on business needs, making it a powerful tool for unlocking and maximizing a company's potential. 

But you must approach it with the right attitude if you want to unleash the potential of your people and your business. Getting the right partnership and outsourcing can serve as a strategic tool to help law firms reach new heights of success in 2025 and beyond. 

Richard Culberson, CEO of Moneypenny & VoiceNation, North America, a global leader in outsourced call answering, live chat, receptionist teams and customer service solutions for business large and small, handling over 20 million calls and chats for thousands of organizations. Moneypenny has an award-winning culture, with over 1,250 people across the US and UK. At the centre of this culture is a vision that if you combine awesome people with leading-edge technology, you will supercharge your people and your business, delivering gold standard customer experience and service. Richard is passionate about building teams that leverage new business models and technologies, driving growth and scaling business.

Community Spotlights

Community Spotlight: Ronit Cohen, Founder and Managing Director, Arcadia Finance

By John Freund |

A long-time litigation funding professional and former trial lawyer, Ronit Cohen is considered among the most experienced legal finance underwriting counsel in the U.S. After working as a litigator at Simpson Thacher and O’Melveny and Myers, she joined the burgeoning funding industry in 2012, first at Bentham IMF, now Omni Bridgeway, where she helped launch their first office, and then at Validity Finance, where in addition to serving as a member of the Risk Monitoring Team, she headed up a pro bono effort to provide capital to wrongfully accused individuals during the pendency of their civil actions. She co-founded Arcadia Finance in June of 2024, and serves as Managing Director along with co-founders David Kerstein and Joshua Libling.

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: "I believe litigation funding is essential for a balanced legal system. It empowers clients with valid claims to seek justice, even when facing well-resourced opponents."

Moneypenny and VoiceNation Launch Intake Services to support new business drives for US legal firms

By Harry Moran |

Moneypenny and VoiceNation have an excellent service offering to help legal clients drive new business by responding quickly to new inquiries on their behalf.

The service means that VoiceNation’s team of professional US-based call handlers will help improve the conversion rate of new inquiries, by responding to them quickly on the phone, and qualifying them by asking a series of screening questions provided by, and tailored to, the client. As a result, legal firms’ own teams can focus on converting qualified leads, saving their teams time and effort.

VoiceNation’s highly trained professional call handlers know the importance of making a good first impression and the new Intake Service is backed by full CRM and Zapier integration.

How it Works

  • When a new completed web form arrives at a client’s CRM, this alerts VoiceNation’s OpenAnswer platform
  • OpenAnswer immediately flags to a VoiceNation agent about the lead
  • Using the completed web form details, the lead is qualified by phone, or any other required channel
  • All information requested by the client is then fed back into the client’s CRM for immediate conversion
  • The service integrates with all CRM platforms and contracts can be completed via Docusign

Eric Schurke, VP of Moneypenny and  VoiceNation said: ‘This service enables legal companies to respond to new leads before their competitors do. We’re doing the heavy lifting of sifting through new opportunities, efficiently and cost-effectively, by qualifying new leads, so in-house sales teams can then convert hot leads faster.  Our clients should see benefits of the new service really quickly, achieving faster new business growth.’ 

Key Takeaways from LFJ’s Virtual Town Hall: Spotlight on Australia

By John Freund |

On Wednesday October 16th (Thursday the 17th, in Australia), LFJ hosted a virtual town hall titled 'Spotlight on Australia.' The event featured Michelle Silvers (MS), CEO at Court House Capital, Stuart Price (SP), CEO and Managing Director of CASL, Maurice Thompson (MT), Global Head of Litigation Funding at HFW, and Jason Geisker (JG), Head of Claims Funding Australia. The event was moderated by Ed Truant, Founder of Slingshot Capital.

Unfortunately, Jason Geisker was unable to join the panel due to technical difficulties. However, the other three panelists covered a broad range of topics relating to litigation funding in Australia. Below are key takeaways from the event:

ET: Australia is a pioneer in the use of litigation finance. Can you provide an overview of the Australian market?

MS: Australia has been involved in litigation funding for over 20 years, since the late 1990s. At the moment it's an interesting environment, we have listed and private funders, hedge funds, law firms and private insurers. Our market is dominated by litigation funders, not necessarily alternative capital sources, which is what tends to happen overseas. We've witnessed the market globalizing with offshore funders entering, and local funders expanding abroad, but a lot of the offshore funders have withdrawn from the market in recent years.

The market is small - Australia's population is 25-28 million, so you can imagine that the way we operate here is quite different than overseas. We have about 10 players operating in the Australian market at the moment. Our environment is quite different than overseas, it's smaller and well-knit. We all know each other quite well, we compete for the same cases. It's fierce competition, and an exciting environment.

ET: In terms of return profile, I 've been privy to a lot of litigation finance resolutions on a global basis, and in my review of the data, it strikes me that Australian funders are some of the best in terms of producing consistent returns, albeit the quantum of financing is a little bit smaller than what you might find in the US. Generally speaking, do you agree with that? And to what would you attribute the performance of Australian funders?

SP: I attribute that to the predictability of outcomes, and that really comes from the jurisdiction being established for a long time. Some of the growing pains that other jurisdictions are having, are dealing with new issues and new laws. Most of our bench that deals with litigation funding and new actions, they were senior and junior lawyers, partners, barristers, and now have become judges. So there is an ingrained knowledge of the system, and an appreciation of the importance of litigation funding to provide access to justice.

That in itself also goes with the Australian civil justice system, which is an absolute Rolls Royce. It is gold-plated, it is costly, so you need to be able to navigate that in a way where duration risk doesn't become an issue to you. So when you talk about performance, I absolutely agree Australia is up there as one of the better performing markets in the world. We select our cases well and we settle cases before trial (about 95% of cases settle before trial - that brings duration risk down). That combination of factors are all a reflection of the 25 years-plus of existing in this market.

ET: Up until recently, outside of the class action space, lawyers have not been able to engage in contingent fee arrangements, but jurisdictions like Victoria have changed this dynamic. Can you discuss the current state of contingent fee arrangements and its likely trajectory, and the implications for the litigation funding market?

MT: Everything Stuart mentioned about this being an isolated part of the world, and the impacts that has on doing business here, is absolutely correct. A flip on that though, is that degree of isolation that we've had as a nation has always had us looking closely outside of our borders. So we observe what's happening in other parts of the world and that influences how we think.

Some of the comments you've heard might suggest that we're a slightly immature legal market, in the sense that politics have impacted the courts and there has been some degree of uncertainty since 2020. But I'd flip that and say that this is a case of us looking hard at what we need moving forward and what will suit Australia. The largest differential between us and the United States, for instance, is that we never want to see a situation in Australia where the overweight child might sue the fast food chain because some lawyer provides contingent fee arrangements, all those sorts of things. We've laughed at that scenario overseas, and we don't want that here. So the whole idea of contingent fees stirs up all sorts of feelings in our legal environment, and in having to deal with those negative perceptions, we have to think very carefully about how we structure things moving forward.

In the period between 2020 and now, there's been a proliferation of class actions in Victoria to take advantage of the contingent fee arrangements. Not all law firms have done that - my law firm, for instance, we're running three large plaintiff class actions at the moment, we've got a few others in the pipeline. We're currently not fixated on Victoria, because among other things, the way it's been dealt with - generally if you want to take full advantage of a contingent arrangement sanction by the court and legislation, you have to bear all the risk of the costs and a security for costs order against the law firm. And most law firms won't stomach that at all (because this is so new). But other law firms see this as an opportunity - particularly large national firms like Maurice Blackburn for instance. Large firms like that will take advantage because they can finance the risk. If I'm going to sell that to my partners in London, Asia or elsewhere, it's a different proposition.

So we are inching closer to a wider opportunity for law firms to take on contingent risk, but we're not there yet. I don't think it's going to be the free for all that people have been concerned about. That's not to say there hasn't been class actions flooding into Victoria as opposed to other states, but I think that will slow down. And so a firm like us is looking beyond the Victoria borders.

To view the entire 1-hour discussion, please click here.

Nera Capital Expands European Presence with Strategic Move to Amsterdam  

By Harry Moran |

Top legal finance firm, Nera Capital, is expanding its presence in Holland by opening a new office in Amsterdam, due to its involvement in several high-profile legal claims in the WAMCA. 

The strategic move into innovative and renowned offices in the prestigious Zuidas district is largely driven by significant legal actions that will proceed through the Holland court system.

In January 2020 the Netherlands introduced a new piece of legislation known as the Wet Afwikkeling Massaschade in Collectieve Actie (WAMCA) which translates to the Settlement of Mass Damages in Collective Action Act.

It allows for collective legal actions, enabling multiple claimants to combine similar cases into a single lawsuit, and is a key factor in Nera Capital’s decision to increase its presence in the region.

Firm Director, Aisling Byrne, explained that this approach not only streamlines the legal process but also increases the efficiency and impact of group claims. 

Ms Byrne added: “For Nera Capital, this system means a more robust and coordinated effort in legal pursuits, ensuring clients benefit from a comprehensive and streamlined legal strategy.

“Our expansion into Amsterdam reinforces Nera Capital’s desire to establish a stronger foothold in a key European financial and legal hub, positioning us at the centre of key industry developments and opportunities. 

"Leveraging our cutting-edge technology and embracing legal frameworks like the WAMCA reflects Nera's dedication to ensuring that we remain at the forefront of the industry.

“The move marks more than just a new office - it's another strategic step in our expansion, giving us the platform we need to further scale our operations and continue delivering top-tier service for our clients and partners.”

The change comes at a fruitful time for the legal funder, which is undergoing a period of heavy growth.

In recent months Nera Capital has continued to build its success through acquiring positions in a number of cartel and anti-trust claims in various jurisdictions, including the USA whilst also onboarding several new prominent funding partners. 

Reflecting on Nera’s recent success, Ms. Byrne noted that the expansion into Amsterdam aligns with the company’s core priorities of fostering collaboration and expanding strategic networks.

Juris Capital Announces Expansion into Michigan

By Harry Moran |

In a post on LinkedIn and an article in Crain’s Grand Rapids Business, litigation funder Juris Capital announced its expansion into Michigan. Juris Capital, which was founded in 2009 and operates from Chicago, announced the move will be led by the firm’s newest managing director, Dane Lund. The expansion into Michigan will be based in East Grand Rapids with Mr Lund tasked with driving Juris Capital’s growth in West Michigan and the wider region.

In the announcement on LinkedIn, Juris Capital said: “We look forward to collaborating with Michigan lawyers and businesses to explore innovative financing options. With a continued nationwide focus, we are well-positioned to support Michigan-based firms and litigants.”

Lund joined Juris Capital in January of this year with a background in both finance and the legal sector, having began his career as an associate at Willkie Farr & Gallagher and having since served in investment roles at Intermediate Capital Group and Burford Capital. Commenting on Juris Capital’s expansion into Michigan, Lund said: “Grand Rapids represents a key growth area for us […] With its thriving legal community and diverse economy, we’re excited to offer solutions that help law firms and businesses achieve their goals, without compromising on resources.”

AxiaFunder Shares Insights into Platform’s Investment Volumes and Returns

By Harry Moran |

Outside of publicly traded litigation funders, it is uncommon for the wider public to gain insight into the wins and losses of these businesses. However, a prominent litigation funding platform has provided a rare snapshot into the performance of its own business, as well as the outcomes of cases funded through its platform.

An article in Alternative Credit Investor which discusses the current state of the legal funding market features insights into the investments and returns for litigation finance platform, AxiaFunder. In the article, AxiaFunder’s chief executive, Cormac Leech shares that the firm’s funded volumes in the first half of 2024 had risen by 150% year-on-year. This growth has now seen the AxiaFunder platform reach a total of 17 fully funded commercial lawsuits to date.

However, Leech also shared that despite the impressive year-on-year growth in funded volumes, AxiaFunder has now also seen its first loss. Of the 17 funded cases, nine of these lawsuits have been won, two have been lost and the remaining six cases are still ongoing. Leech also revealed that for investors who have engaged with these cases through the AxiaFunder platform, their returns have varied from -96% to 175% depending on which cases they invested in.

Community Spotlights

Community Spotlight: Viren Mascarenhas, Partner, Milbank

By John Freund |

Viren is a Partner in Milbank’s New York office where he leads the international arbitration practice in the US.  He specializes in international arbitration (construction, commercial, and investment arbitration) as well as enforcement of awards and judgments in U.S. courts. 

He has nearly two decades of experience acting as counsel for parties in a broad range of industries, with a particular focus on energy and mining disputes. His investment treaty experience includes representing investors in disputes against Argentina, Azerbaijan, Bosnia-Herzegovina, Bolivia, Ecuador, India, Italy, Mexico, Nigeria, Peru, the Philippines, the Russian Federation, Timor-Leste, Uruguay, and Venezuela.  He has advised litigation funders on whether to underwrite prospective matters and also obtained litigation funding for his clients.  He sits as arbitrator in commercial arbitrations and teaches international arbitration at Columbia Law School. 

Viren has been recognized for his accomplishments in international arbitration by Chambers GlobalChambers USALegal 500Who’s Who Legal: ArbitrationThe Best Lawyers in America:  International ArbitrationEuromoney (commercial arbitration), Latinvex (disputes in Latin America), Law360 (energy disputes), Lawdragon (500 Leading Global Litigators, 2021, 2023, 2024), The New York Law JournalCrain’s Business New York,The LGBT Bar Association, the South Asian Bar Association, and the American Bar Association.  His client reviews in Chambers include, “Viren is talented, smart, and quick on his feet.  He is a lawyer you want in your corner”; “His attention to detail and commitment made him stand out – he was always thinking of next steps and briefing us often”; “Viren is bright, capable and a really strong advocate.”  Legal 500 identified Milbank as one of three firms to watch in the international arbitration space, noting, “Milbank continues to grow its profile in international arbitration since the late 2022 arrival of Viren Mascarenhas.  The team is particularly noted for its activity in the energy and infrastructure areas.”

Company Name and Description:  Milbank LLP is an international law firm headquartered in New York with offices in Washington, DC, Los Angeles, Beijing, London, Frankfurt, Munich, Tokyo, Hong Kong, Sao Paulo, Seoul, and Singapore.  Chambers USA ranks Milbank in Band 1 for a range of practices, including Bankruptcy/Restructuring, Capital Markets, Metals & Mining, Projects, and Transportation.

Company Website: www.milbank.com

Year Founded:  1866.  Company rebranded to Milbank in 2019.

Headquarters:  New York

Area of Focus: Milbank is a full services international law firm.  Viren is a member of the Litigation & Arbitration Practice Group.

Member Quote:  “Litigation funders want lawyers who can chart a course of action from filing a claim to collecting on the award/judgment, and then engage with the wide variety of players involved (client, opposing counsel, co-counsel, witnesses, experts, investigators, the adjudicators, and the funders themselves!) to make it happen.”

New Insights into Fortress’ Involvement in Legal Funding and Patent Monetization

Discussion of the litigation funding market often focuses on established funders who have become household names in the business of investing in high-value commercial litigation. However, outside of these traditional funders, there are global institutional investors whose involvement in the legal funding market has often remained out of the spotlight.

An article in Bloomberg Law provides an in-depth look at the involvement of Fortress Investment Group in the litigation finance market, providing a new window into their strategy and featuring insights from key leadership figures. 

The breadth of Fortress’ involvement in the legal market is demonstrated in the sheer scale of the numbers involved, with the firm having committed $6.6 billion in legal assets and another $2.9 billion to intellectual property assets. Fortress differentiates itself from a traditional funder like Burford Capital, whose approach to investing often centres around commercial litigation, whilst Fortress is mainly focusing on a ‘credit-like approach’ via its lending to law firms. 

Fortress has particularly targeted the mass tort market with loans exceeding $100 million, and the list of law firms invested in including Onder Law, Johnson Law Group, The Smith Law Firm, Weitz & Luxenberg and Napoli Shkolnik. Fortress managing partner and co-CIO, Jack Neumark explains how the firm’s size and resources allow it to succeed with mass torts, explaining that “one of the major traps that people get sucked into is not having the resources internally to do a thorough review of the files.” Burford Capital’s vice chair, David Perla describes Fortress’ dominance in this space and recounted that when Burford approaches mass tort firms “the name we hear frequently as to where they have financed their portfolios today or historically, you’ll hear Fortress more often than any other”.

In the world of patent monetization, Fortess’ head of intellectual property, Eran Zur argues that the firm “pioneered the patent lending business”, which had only existed conceptually before Fortress’ put its capital and resources behind it. Fortress’ patent-assertion entities include VLSI Technology LLC, owner of a portfolio of patents formerly belonging to NXP Semiconductors NV, notable for cases brought against Intel with billions sought in damages. In a case brought in Delaware before District Judge Colm F. Connolly, VLSI dropped the case against Intel following Connolly’s order to disclose the identity of VLSI’s investors. In response to being asked by Bloomberg whether the disclosure order caused Fortress to drop the Delaware case, Zur questioned whether “the identity of the plaintiff or the characteristics of the plaintiff matter in a patent claim?”

When looking to place Fortress in the litigation funding space alongside other market-leading names, Zur seemed to differentiate their own practice, saying: “We do not invest passively as opposed to litigation funders. It’s private equity. We sit on the board, we advise”. However, Jonathan Stroud, general counsel at Unified Patents argues against this delineation, arguing: “Because you have more control of the entities, it doesn’t mean you’re not a funder, you’re a super funder. […] You’re funding the case and you’re a client.”

Bloomberg’s article also makes clear that whether it considers itself to be a funder or not, Fortress has been actively involved by investing in and even acquiring other funders such as Vannin Capital and Affiniti Capital Management. In describing Fortress’ engagement with the market, one former employee at an unnamed litigation funder said they didn’t accept money from Fortress because “they choke you to death and then put you out of business”, referencing the fact that Fortress takes a very active role in its investments from regular monitoring of cases to tracking bank accounts. However, Neumark pushed back on the suggestion that Fortress operate as ‘pirates’ in the industry, instead explaining their business practice by saying: “We’re a tough counterparty if you don’t do what you say you’re gonna do […]We see where funds go. If you do something you’re not supposed to do, we’re gonna be upset.”

Looking towards the future of the funding market, Neumark believes that “the asset class is going to grow for sure over time.” However, he also pushed back against the common criticism that funders are “ambulance chasers” and argued that when investing in large-scale and complex antitrust or product liability cases, “there’s really no margin for doing stuff that’s frivolous.” Neumark was also quick to dismiss the idea of third-party funding as a vehicle for malign foreign actors, and said that litigation funding “might be the most inefficient way possible for a foreign entity to try to gain access to confidential information.”

Westbrooke Associates Expands into The Litigation Funding Sector

By Harry Moran |

Westbrooke Associates announces its expansion into the burgeoning litigation funding sector, marking a new chapter in its legacy of connecting investors with high-growth, socially impactful opportunities.

As a brokerage known for identifying innovative investment vehicles, Westbrooke Associates is now expanding into litigation funding, a niche asset class that has seen rapid growth in the UK and globally. Litigation funding provides financial backing to individuals and small businesses that would otherwise be unable to afford legal representation. This growing financial tool has proven essential in levelling the playing field in the legal system, enabling claimants to pursue justice against larger, well-funded opponents.

With rising litigation costs and increasingly complex cases, the demand for litigation funding has surged, particularly in markets such as the UK, which boasts one of the most advanced regulatory environments for this asset class. The global litigation funding market is experiencing extraordinary growth, with revenues projected to reach $43 billion by 2033, up from $17.1 billion in 2023.

As one of the most compelling alternative investment opportunities today, litigation funding offers investors a low-risk, high-return asset class that remains largely uncorrelated with traditional financial markets. This makes it an attractive option for portfolio diversification, especially during times of market volatility.

A report by Reynolds Porter Chamberlain LLP highlights that the top 15 litigation funders in the UK saw assets grow to a record £2.2 billion in 2020/21, an 11% increase from the previous year. With such exponential growth, Westbrooke Associates is poised to help investors capitalise on the robust potential of this asset class.

Westbrooke Associates' expertise in sourcing profitable investments that align with strong ESG (Environmental, Social and Governance) standards makes this a natural step forward. The firm has already established a successful collaboration with Addlington-West Legal Limited, offering investors access to litigation funding opportunities that prioritise both financial returns and social impact.

Litigation funding not only delivers strong returns but also plays a pivotal role in supporting justice. Westbrooke’s unique investment model ensures a rigorous due diligence process, with cases thoroughly vetted to back only those with strong chances of success. Investors benefit from fixed returns—typically generated within 18 months—while also supporting businesses that face significant financial barriers due to litigation costs.

Moreover, Westbrooke Associates' commitment to protecting investor capital is evident via the surety bond offered by Addlington-West Legal. This guarantees 100% capital protection in the event of unsuccessful claims, ensuring investor security and peace of mind. This level of risk mitigation, combined with relevant regulatory compliance, makes litigation funding a particularly attractive opportunity for Westbrooke Associates’ clients.

For investors seeking a safe, high-potential asset class, litigation funding through Westbrooke Associates represents an ideal investment opportunity. The firm’s longstanding reputation for identifying forward-thinking ventures is further bolstered by this new foray into the litigation funding space. Westbrooke Associates continues to demonstrate its ability to deliver innovative and socially responsible investment opportunities that align with the evolving needs of its investor base.

As the litigation funding market continues to grow, Westbrooke Associates is at the forefront of offering investors access to this dynamic and impactful sector. Whether you're a seasoned investor or looking to diversify your portfolio, Westbrooke Associates ensures that every investment opportunity provides both profitability and a positive societal impact.

For more information about how to invest in litigation funding through Westbrooke Associates or to request the Investment Memorandum, please visit www.westbrookeassociates.com or call 0203 745 0294.

FiDeAL® Announces a Strategic Partnership with Outmatch to Strengthen Litigation Finance Consulting Services and Expand Operations in France

By Harry Moran |

Treviso – FiDeAL®, a leader in litigation finance consulting, is pleased to announce a new strategic partnership with Outmatch, a renowned French financial boutique specializing in M&A operations and in legal disputes resolution.

This collaboration marks a significant step in further strengthening FiDeAL’s litigation finance consulting services and in expanding its operations into the French legal market, one of the main European markets for complex legal disputes.

FiDeAL and Outmatch will combine their respective expertise to provide tailored solutions to French law firms and companies, supporting them with access to innovative financial tools and optimizing their legal strategies in high-profile litigation.

This partnership represents a milestone for both companies, opening new opportunities in the French market and offering a broader range of services to companies involved in complex disputes.

International Legal Finance Association (ILFA) Welcomes New ELI Report – ‘Principles Governing the Third-Party Funding of Litigation’

The International Legal Finance Association (ILFA), the global voice of commercial legal finance, has welcomed the findings of the newly published European Law Institute (ELI) report ‘Principles governing the third-party funding of litigation’. 

The report, authored by UK High Court Judge Dame Sarah Cockerill and Professor Susanne Augenhofer, is the product of more than two years of investigative work to develop principles and guidance for the TPLF market, and represents a new, independent contribution to the legitimate and effective use of TPLF. 

Following the publication of the report, Neil Purslow, Chairman of the Executive Committee of ILFA, commented:

‘This new report, authored by seasoned legal observers, recognises that commercial legal finance increases access to justice for European businesses and consumers and provides ‘vital improvement in access to justice’ (pg.19) when made available. Contrary to the repeated claims of big business, funding helps level the playing field for those exercising their rights against multinationals with almost unlimited resources’. 

The report also cautions against imposing new regulations on the TPLF market. Instead, it advances a ‘complementary approach’ involving guidance to funders on issues to be taken into account before entering into a TPLF agreement, together with publishing a new Appendix drawing together the recommended minimum content of a funding agreement.

Purslow commented: 

‘ILFA agrees with the report’s conclusion that proscriptive one-size-fits-all regulation isn’t appropriate for a sector like ours. It risks funders ceasing to offer funding, inevitably leading to what the authors rightly identify as ‘serious access to justice issues’.’

The full report from ELI can be read online here

About ILFA

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

About ELI 

The European Law Institute (ELI) is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development. The ELI secretariat is hosted by the University of Vienna, Austria.

The report team was led by Susanne Augenhofer (Professor of Law, Austria), Dame Sara Cockerill (High Court Judge, UK), and Henrik Rothe (Professor of Law, Denmark) (until July 2022). 

NJ Appeals Court Rules Funding Agreements are Not Loans

By Harry Moran |

As the litigation funding industry has matured and the practice become more commonplace across the US legal system, most contentious debates revolve around issues of transparency or funder control over lawsuits. However, a recent complaint in New Jersey attempted to argue that a series funding agreement should be considered loans, only to have both the trial and appeals court reject these arguments in their entirety.

An article in Bloomberg Law highlights a decision handed down by the New Jersey Superior Court Appellate with the court ruling that litigation funding arrangements do not constitute ‘loans’ under state law. The ruling arose out of three funding agreements entered into between Covered Bridge Capital (CBC) and plaintiff Christine Ivaliotis between 2016 and 2019, before Ivaliotis filed suit against CBC claiming that it had engaged in “fraudulent lending practices and impermissibly purchasing an interest in prejudgment personal injury proceeds.” The appeals court affirmed the original trial court’s decision, which dismissed Ivaliotis’ complaint “because plaintiff has not shown she sustained a compensable "ascertainable loss" as the result of a CFA violation by CBC”.

The court’s ruling considered the plaintiff’s assertion that funding agreements were loans and therefore required the funder to be licensed by the Department of Banking and Insurance, with the court stating clearly that “this premise is wrong.” The appeals court cited federal precedent and noted that the “distinction between loans and the proceeds of litigation funding agreements has been judicially recognized.” In the damming conclusion to its ruling, the court found that Ivaliotis “lacks standing to call herself an "aggrieved consumer," both as a matter of law, a matter of equity, and common sense.”The full decision from the New Jersey court can be read here.

Parabellum Capital Funding ‘Daniel’s Law’ Cases in New Jersey

By Harry Moran |

Whilst there is constant debate and discussion over the level of transparency and disclosure that should be required for the involvement of litigation funders in cases, the state of New Jersey is demonstrating how these rules work in practice after a plaintiff disclosed that it anticipated using litigation funds in an ongoing series of lawsuits.

Reporting by Reuters highlights a recent court filing in the United States District Court for the District of New Jersey, where the plaintiff, Atlas Data Privacy Corporation, informed the court that it would soon be using funding provided by Parabellum Capital. The litigation funding was secured by Atlas Data Privacy to support over 140 lawsuits that it has been assigned and brought against businesses who have allegedly breached New Jersey’s Daniel’s Law, which allows public officials to protect against the release of their personal information to the public.

In its filing to the court, Atlas Data Privacy said that as New Jersey’s rules on funding disclosure “requires that a statement be filed promptly following the use of third-party litigation funds”, and because the firm “anticipates utilizing such funds shortly”, it was filing the letter to comply with Local Civil Rule 7.1.1. The two-page letter does not provide many details of Atlas’ funding arrangement with Parabellum Capital but confirmed that it was “non-recourse financing provided to Atlas, collateralized by litigation proceeds”. Unsurprisingly, the letter also confirmed that “the funder’s approval is not necessary for any litigation or settlement decisions in these actions.” 

Reuters’ article also includes comments from spokespersons for both Atlas and Parabellum, with the funder’s spokesperson saying that it was acting as “a passive financial partner of Atlas, which is playing an important role in enforcing compliance with one of the most meaningful privacy laws on record.”Atlas’ letter of disclosure to the court can be read in full here.

US Judicial Committee to Study Disclosure of Litigation Funding

By Harry Moran |

With federal lawmakers following in the wake of some state legislatures in introducing draft legislation to impose new regulations on litigation funding, it is perhaps no surprise that the US judiciary has now seen fit to take a more proactive approach in examining the role of third-party legal funding in the country.

An article in Reuters covers the news that the U.S. Judicial Conference's Advisory Committee on Civil Rules agreed last week to begin a study into litigation finance, to ascertain whether a federal rule governing disclosure of third-party funding was necessary. The decision followed a panel meeting last Thursday in Washington, D.C., and notably comes shortly after over 100 companies signed a letter calling on the judiciary to introduce greater transparency measures for litigation funding. 

The chair of the Advisory Committee, U.S. District Judge Robin Rosenberg, said that the debate over third-party legal funding “is an important issue” and that it “is not going away.” Following the committee’s decision, a subcommittee will be created to study the issue but as the Reuters article highlights, this does not provide a timeline on when, or even if, a new rule governing disclosure would be introduced. U.S. District Judge John Bates, chair of the Committee on Rules of Practice and Procedure, seemed to make a distinction between the “theoretical problem” that litigation finance could pose, and the study’s purpose to uncover whether there were “actual problems”.

In response to the committee’s decision, Page Faulk, senior vice president of legal reform initiatives at the U.S. Chamber of Commerce Institute for Legal Reform, called on the judiciary “to move forward swiftly in adopting mandatory disclosure requirements.” In contrast, the International Legal Finance Association (ILFA) said that it welcomed “the opportunity to be a part of the conversation to demonstrate how legal finance is a valuable part of the legal economy and has not resulted in any of the negative outcomes that the U.S. Chamber has cut from whole cloth.”

Legal-Bay Pre Settlement Funding Announces Settlement Resolution in BARD Hernia Mesh Lawsuits

By Harry Moran |

Legal-Bay LLC, The Pre-settlement Funding Company, announced today that there is finally some resolve on the horizon for hernia mesh litigants. Becton, Dickinson and Company, the parent company of BARD, has finally reached a settlement agreement on the thousands of lawsuits they've been battling for almost twenty years. The settlement will resolve cases in Rhode Island and the federal MDL in Ohio for plaintiffs who allege their hernia mesh devices were defective and caused physical injury.

While the exact terms of the settlement remain undisclosed, Legal Bay can report that BD has a product liability fund set aside for litigation purposes in the neighborhood of $1.7 billion. Analysts predict a large portion of that amount will be paid out to plaintiffs over multiple years. It should be noted that BD says the settlement is not an admission of wrongdoing and is prepared to defend itself against future lawsuits.

Chris Janish, CEO of Legal-Bay commented, "Legal Bay has been one of the few companies to fund hernia mesh from the beginning of this litigation. We applaud the lawyers who've been able to negotiate this global settlement, and will continue to assist plaintiffs who need their share of the money now rather than wait out the long process to receive their payout." 

If you need a lawsuit loan from your hernia mesh lawsuit, please apply HERE or call toll-free at 877.571.0405.

Attorneys anticipate that settlement amounts will be within the $50,000 to $100,000 range, but some plaintiffs have been awarded millions. Payout amounts vary greatly, and will likely use a "matrix" to determine damages, based upon the severity of the plaintiffs' injuries. Also, because of the variables from case to case, there is no set precedent for how much a plaintiff will receive, if they receive anything at all. However, with this latest court ruling, most plaintiffs—even those with newly-filed cases—can expect to see quick outcomes in the near future with favorable results.

Recent settlement examples:

  • $4.8 million verdict for Rhode Island plaintiff Paul Trevino in a state court trial in 2022
  • $255,000 verdict in favor of the plaintiff in the second bellwether trial in 2022
  • $500,000 verdict in favor of the plaintiff in the third bellwether trial in 2023

The preceding list comprises only a handful of the many verdicts against hernia mesh companies, and there are thousands more still awaiting their day in court. Nevertheless, Legal-Bay stands ready to help plaintiffs in financial need obtain settlement loans so they can wait out the time it will take to resolve at trial. 

Legal-Bay is one of the leading lawsuit loan funding companies, offering a fast approval process and some of the best rates in the industry. They can offer immediate cash in advance of a plaintiff's anticipated monetary award. The non-recourse lawsuit loans—sometimes referred to as loans for lawsuit or loans on settlement—are risk-free, as the money does not need to be repaid should the recipient lose their case. Therefore, the settlement loan is less of a loan and more like a cash advance.

Anyone who has an existing lawsuit and needs cash now can apply for loan settlement and receive a quick payout, normally within 24-48 hours. There are no income verification forms or credit checks required. If you haven't yet filed suit, Legal-Bay can put you in touch with an attorney who specializes in hernia mesh cases.If you require an immediate cash advance loan settlement from your hernia mesh lawsuit, please visit the company's website HERE or call 877.571.0405 where skilled agents are standing by to hear about your specific case.

Burford Capital Research Finds Cautious Optimism Towards AI and Legal Tech

By Harry Moran |

The growth in Artificial Intelligence (AI) solutions, and the parallel surge of investment into startups promoting their own unique tools, has continued to make waves throughout 2024. However, research by one of the world’s leading funders suggest that whilst the supply of these next-gen solutions might be reaching new heights, the actual demand for these technologies among legal and finance professionals is someway behind.

An insights article from Burford Capital analyses the evolution of, and response to, legal technology solutions and the incorporation of AI tools into these legal tech offerings. The article builds on research conducted by Burford into the attitudes of senior legal and finance professionals toward legal technology and AI, surveying these executives to find out how open they are to adopting these tools and what their concerns are. 

Burford’s research found that “there is a clear gap between the anticipated benefits and the current financial commitment to these tools”, with in-house counsel and CFOs taking a cautious approach to investing in AI. Perhaps the most telling statistic from the research was that 89% of the surveyed GCs and CFOs said “their business will be investing less than 5% of their legal budget into this category within the next year.”

However, Burford’s survey of these professionals also found that the desire to adopt these new legal technology solutions varies between industries. When asked whether they expect to invest more than 5% of their legal budget in legal data analytics and AI across the next 12 months, 20% of GCs and CFOs in the Retail sector, and 18% in the Healthcare and Pharmaceutical industries answered affirmatively. 

In contrast, only 8% of respondents from the Construction & Real Estate, Energy, Mining and Transportation & Supply Chain sectors said they expected to spend more than 5% of their budget. The least enthusiastic of all sectors was the Food industry, where only 5% of those surveyed said they would be investing beyond that benchmark.

Burford concludes its analysis with a note of caution for legal tech enthusiasts by saying: “As AI continues to develop it may eventually play a more significant role in legal technology, but for now, human expertise remains indispensable in navigating the complexities of commercial disputes and legal finance.”

European Law Institute Publishes Report on Principles Governing the Third Party Funding of Litigation

By Harry Moran |

Whilst legislatures in both the UK and US are in the process of weighing the best path forward for the state’s role in the regulation of litigation funding, one non-profit organisation has produced a report offering its own framework and guiding principles for the European legal funding market.

A new post from the European Law Institute (ELI) announced the publishing of its Principles Governing the Third Party Funding of Litigation (TPFL), which the non-profit says are “intended to constitute a blueprint for guidance, decisions or light-touch regulation of the burgeoning Third Party Litigation Funding (TPLF) market.” The 103-page draft report is designed to provided principles that will “enhance transparency, fairness, and accessibility in litigation funding”, with ELI stating that it “encourages jurisdictions to incorporate these principles” as a flexible framework for the third-party funding market.

The report was co-authored by Dame Sara Cockerill, Judge of the High Court of England and Wales, and Prof Dr Susanne Augenhofer from the Universität Innsbruck. The report also acknowledges contributions from its advisory and consultative committees, which included leading figures from European law firms, litigation funders, and law schools.

The report considers both the benefits that the industry promotes such as access to justice, whilst also weighing the concerns of those who are more critical of the current state of third party litigation funding so that “a balance can be struck between access to justice and the public interest in the due administration of justice.” The report includes 12 key principles for the “conduct of funders and funded parties”, which cover a range of issues including transparency, capital adequacy of funders, and control over proceedings.

ELI’s report also lays out additional resources such as “a suggested minimum content of TPLF agreements”, as well as exploring more nuanced situations involving outside funding such as arbitration and insolvency proceedings.

The full draft of ELI’s report can be found here

According to the announcement, an edited version of the report with an enhanced layout will be published on ELI’s website soon, with a series of webinars covering the findings of the report to follow.

Community Spotlights

Community Spotlight: Andi Mandell, Partner and Co-Head of Schulte Roth & Zabel’s Tax Group

By John Freund |

Andi Mandell is a partner and co-head of Schulte Roth & Zabel’s Tax Group, where she advises on the tax aspects relating to structured finance, securitization and fund formation. Her practice is focused on esoteric assets, including litigation funding, structured settlements, lottery receivables, secured and unsecured consumer loans and timeshare loans.

Andi has over 30 years of experience providing skilled tax advice to the securitization industry. In addition to her work in the esoteric space, Andi is recognized as an authority in the securitization of residential and commercial mortgage-backed securities and real estate structured finance, including the structuring of REO-to-rental financings, servicer advance facilities, debt re-packaging, securitization of non-performing and re-performing mortgage loans, re-securitizations, distressed asset funds and MSR purchases and sales.

Andi works with other industry leaders who are shaping the securitization industry as a member of the Board of Directors of the Structured Finance Association (SFA), and is serving her fifth year as the co-chair of the Tax Policy Committee.

Company Name and Description: With a firm focus on private capital, Schulte Roth & Zabel LLP is comprised of legal advisers and commercial problem-solvers who combine exceptional experience, industry insight, integrated intelligence and commercial creativity to help clients raise and invest assets and protect and expand their businesses. The firm has offices in New York, Washington, DC and London, and advises clients on investment management, corporate and transactional matters, and provides counsel on securities regulatory compliance, enforcement and investigative issues.    

Company Website: https://www.srz.com/

Year Founded: 1969  

Headquarters: New York, New York, U.S.A.  

Area of Focus: Tax, Finance, Structured Finance  

Member Quote: "Navigating the intricacies of litigation funding requires a deep understanding of both the financial and the legal landscape. As a tax lawyer, my role is to ensure that funding arrangements are properly structured to allow a broad range of investors to participate as funders in this asset class in a tax efficient manner. Litigation funding presents unique tax challenges to non-US investors and tax exempts and having the tax expertise to help guide our clients allows for greater participation in this space.”

EvenUp Raises $135M in Series D Funding and Launches New Products to Help Level the Playing Field in Personal Injury Cases

By Harry Moran |

Today, EvenUp, the market leader in personal injury AI and document generation, announced it has raised a $135 million Series D round of funding and significantly expanded its AI workflow and product suite. The round was led by Bain Capital Ventures, with participation from Premji Invest, Lightspeed Venture Partners, Bessemer Venture Partners, SignalFire, and B Capital Group. This brings the company's total funding to $235 million, with $220 million raised over the last 18 months. One of the largest funding rounds in legal AI history, it puts EvenUp's valuation at over $1 billion.

"At EvenUp, our mission is to close the justice gap through the power of technology and AI," said Rami Karabibar, CEO and co-founder of EvenUp. "We empower personal injury firms to deliver higher standards of representation, with the goal of ultimately helping the 20 million injury victims in the U.S. achieve fairer outcomes each year. With our latest products, funding, and proprietary data, we're now better equipped to serve our customers. We're also excited to continue investing in our talent, expanding our world-class leadership team with recent executive leaders from public companies."

Over 1,000 law firms use EvenUp, which has helped them claim over $1.5 billion in damages. EvenUp has flagged $200 million in missing documents, leading to settlement increases of up to 30% – putting more money back in plaintiffs' pockets faster. Based on internal data analysis, EvenUp's flagship product, Demands, is 69% more likely than non-EvenUp demand letters to achieve a policy limit settlement.

EvenUp's all-in-one Claims Intelligence Platform™ is powered by its AI model known as Piai™, which is trained on hundreds of thousands of injury cases, millions of medical records and visits, and internal legal expertise. The company's new suite of products span across the personal injury case lifecycle and include:

Equip case managers and attorneys with the tools for successful representation 

  • Case Preparation: Law firm staff manage large volumes of cases and engage in painstaking document review tasks. Despite this, an alarming rate of claims are submitted with missing supporting documents. Case Preparation is the first product of its kind to proactively help case managers make the best decisions across the lifecycle of their cases, including identifying missing documents early and simplifying the review of records, improving the quality of case preparation, and reducing time to settlement.
  • Negotiation Preparation: Negotiation Preparation helps injury professionals ensure they're never caught off guard in negotiations with insights on strengths, weaknesses, and key facts. Attorneys are then empowered with Case Companion, a state-of-the-art AI case assistant for real-time answers to complex questions, to quickly navigate their documents and return sourced-based answers.

Enable firms to reach new levels of performance

  • Executive Analytics: Executive Analytics makes rich insights and powerful benchmarks from EvenUp's proprietary dataset easily accessible. AI insights across key case metrics like treatment continuity, demand delays, and more ensure executives have the data they need at their fingertips to unlock new best-in-class performance.

Equip attorneys with new visibility into their historical settlements

  • Settlement Repository: With over 95% of cases settled privately, firms have lacked clean internal data to evaluate potential offers or inform negotiations on behalf of their clients. Settlement Repository solves this challenge.

EvenUp's engineering and product teams, which span 100+ people, have shipped 50+ releases this year alone. Twenty percent of its customers are already multi-product users, and EvenUp drafts 1,000+ documents per week for its customers, positioning EvenUp as the largest AI-document drafting platform in the U.S. Revenue has grown over 100% year-over-year, and EvenUp has also more than doubled its workforce in the U.S. and Canada in the past 12 months.

"Everyone is looking for ways that Gen AI can help people in the real world, and EvenUp's multi-product approach is the perfect example of that," said Aaref Hilaly, partner at Bain Capital Ventures. "The work Rami and his team are doing in the legal technology space is unmatched, especially given the quality of data they provide to customers and their new workflow products. We are excited to double down and invest again in EvenUp as they embark on this new chapter."

"We are beyond excited to partner with EvenUp, which is streamlining the day-to-day tasks of attorneys and case managers. The product velocity here is like no other – EvenUp will soon serve as the singular technology platform addressing nearly every pain point personal injury attorneys face," said Sandesh Patnam, Managing Partner at Premji Invest.

"EvenUp's powerful insights have reshaped how we make decisions," said Steve Mehr, founder & partner at Sweet James. "Access to this type of business intelligence solidifies our position as the market leader. Their platform enables us to stay ahead of the competition while scaling with precision and confidence."

"With first-of-its-kind transparency into case settlement outcomes, EvenUp truly lives up to its name by empowering advocates with accurate data, ensuring injured victims receive fair and full compensation," said Bob Simon, co-founder of The Simon Law Group.

Find out more about EvenUp's new products here: https://www.evenuplaw.com/

About EvenUp

EvenUp is on a mission to level the playing field in personal injury cases. EvenUp applies machine learning and its AI model known as Piai™ to reduce manual effort and maximize case outcomes across the personal injury value chain. Combining in-house human legal expertise with proprietary AI and software to analyze records. The Claims Intelligence Platform™ provides rich business insights, AI workflow automation, and best-in-class document creation for injury law firms. EvenUp is the trusted partner of personal injury law firms. Backed by top VCs, including Bessemer Venture Partners, Bain Capital Ventures (BCV), SignalFire, NFX, DCM, and more, EvenUp's customers range from top trial attorneys to America's largest personal injury firms. EvenUp was founded in late 2019 and is headquartered in San Francisco. Learn more at www.evenuplaw.com.

About Bain Capital VenturesBain Capital Ventures (BCV) is a multi-stage VC firm with over $10B under management investing across seven core domains—AI applications, AI infrastructure, commerce, fintech, healthcare, industrials and security. Leveraging the unique resources of Bain Capital, BCV deploys targeted support at every stage of the company-building journey. For over 20 years, BCV has helped launch and commercialize more than 400 companies including Attentive, Apollo.io, Bloomreach, Clari, Docusign, Flywire, LinkedIn, Moveworks, Redis and ShipBob. For more information, visit www.baincapitalventures.com.

Renovus Capital Partners Announces Majority Investment in Angeion Group

By Harry Moran |

Renovus Capital Partners ("Renovus"), a private equity firm based in the Philadelphia area, announced today that it has acquired a majority stake in class action case management solutions provider Angeion Group, LLC ("Angeion"). Founder & Chief Executive Officer, Steven Weisbrot, and senior members of the management team have maintained a significant ownership stake in the Company and will continue to drive the growth of the platform in partnership with Renovus. Marks Baughan Securities LLC served as the exclusive financial advisor to Angeion Group in the transaction.

Angeion, which is also headquartered in Philadelphia, is the leading innovator in the class action settlement industry. As a global provider of notice and claims administration services, the company has built a technology platform that enables its legal experts to manage the largest and most complex class action settlements.

The Renovus partnership will enable Angeion to accelerate the buildout of its management, client service, and delivery teams and increase investment in its proprietary class action technology solutions. Angeion plans to grow its leadership position in the US market and continue to develop its international business through a combination of key hires, new solutions, and strategic acquisitions.

Angeion was founded in 2013 by Steve Weisbrot, Esq. and Christopher Chimicles, with a mission to modernize the class action settlements industry. With over 160 team members, the Company provides high-quality service and innovative technology solutions in settlement administration, adapting to the constantly evolving legal services ecosystem. To date, its team has managed more than 2,000 class action settlements and distributed over $10 billion to class members.

"This partnership marks a major milestone in Angeion's growth journey," said Weisbrot. "The investment from Renovus is a testament to the dynamic team that has propelled Angeion into the great company that it is today and that will continue to drive its growth into the future. I am extremely proud of what we have accomplished, and I am even more energized for the years ahead."

"Angeion is one of the most differentiated and fastest growing players in class action services," said Renovus Managing Director Lee Minkoff. "Renovus has a track record of identifying unique tech-enabled legal services companies, aligning with management on a growth thesis, and making investments to execute that thesis. This is the exact opportunity we have with Angeion, and we could not be more excited to partner with Steve and the management team."

Marks Baughan served as exclusive financial advisor to Angeion Group.

About Angeion Group

Angeion Group stands at the forefront of settlement administration and legal noticing services. Leveraging advanced technology, proven best practices, and expert consulting, Angeion specializes in managing class actions and other types of mass litigation. Angeion's dedication to efficiency, accountability, and excellence instills confidence in counsel and the court alike. 

About Renovus Capital PartnersFounded in 2010, Renovus Capital Partners is a lower middle-market private equity firm specializing in the Knowledge and Talent industries. From its base in the Philadelphia area, Renovus manages over $2 billion of assets across its several sector focused funds. The firm's current portfolio includes over 30 U.S. based businesses specializing in education and workforce development and services companies in the technology, healthcare and professional services markets. Renovus typically makes control buyout investments in founder owned businesses, leveraging its industry expertise and operator network to make operational improvements, recruit top talent and pursue add-on acquisitions. Visit us at www.renovuscapital.com and follow us on LinkedIn.

GreenX Metals Awarded £252M in Compensation in Arbitration Claims Funded by LCM

By Harry Moran |

Disputes between companies involved in mining operations continue to represent valuable opportunities for litigation funders, with bilateral investment treaties offering avenues for these corporations to seek compensation from nation states.

An announcement from GreenX Metals Limited revealed that the company has reached a successful outcome in its arbitration claims against the Republic of Poland, and has been awarded two substantial sums of compensation by the tribunal. The claims were brought against Poland under the Australia-Poland Bilateral Investment Treaty (BIT) and the Energy Charter Treaty (ECT), with GreenX arguing that the Polish government had breached its obligations under the treaties in relation to the Jan Karski mining project. 

The tribunal awarded GreenX £252 million under the BIT and a further £183 million in compensation under the ECT. However, GreenX also revealed that the tribunal did not uphold the company’s claim in relation to the Dębieńsko project. The tribunal’s ruling on these claims are also final and binding, with no provision for an appeal procedure, in accordance with the United Nations Commission on International Trade Law Rules (UNCITRAL).

As part of the announcement, GreenX highlighted that the claims had been financially supported by Litigation Capital Management (LCM), referring to the company’s July 2020 announcement that it had secured an A$18 million funding facility to pursue the arbitration. GreenX noted that whilst the tribunal has ordered each party to cover their own legal costs, all of GreenX’s costs have already been covered by the funding from LCM.

Community Spotlights

Community Spotlight: Phil Goter, Partner, Intellectual Property Group, Barnes & Thornburg

By John Freund |

Clients trust Phillip Goter to enforce and manage their valuable intellectual property. Phil counsels organizations – ranging from startups to Fortune 100 companies – around the world, managing litigation through trial and appeal, thoughtfully obtaining patents and trademarks, conducting pre-suit investigations, advising on regulatory issues, conducting due diligence and freedom to operate analyses, and resolving complex disputes.

Phil leverages his business and industry experience when working with his clients, and they value his strategic thinking and trust his counsel regarding IP strategies that protect R&D investment and product markets.

Phil, who practices in the firm’s Minneapolis office, frequently works with high-tech clients in the computer software and hardware space. His keen familiarity with computer hardware, standards-essential cellular infrastructure, 5G, GPS, mobile apps, autonomous vehicles, artificial intelligence, machine learning, computer and network security, VoIP, wireless networking, home automation, medical devices, and cloud computing aid him in providing successful outcomes for his clients.

He has deep experience providing counsel to international businesses on U.S. intellectual property matters, including representing European and Asian consumer electronics, networking and telecommunications, and pharmaceutical companies in global IP disputes. His practice includes patent litigation in U.S. district courts around the country and before the U.S. Court of Appeals for the Federal Circuit, with the majority in key patent litigation venues such as Texas, Delaware, and California.

Phil also has significant experience with complex economic matters and his cases have included competition law issues, such as monopolization, attempted monopolization, and Walker Process and sham litigation claims. He has successfully obtained lost profits verdicts in pharmaceutical cases and has commissioned and used numerous expert surveys in litigation to prove infringement, indirect infringement, rates of infringement, apportionment, lost profits, and value of the invention.

He also has in-house counsel experience. Prior to joining Barnes & Thornburg, Phil was an investment manager and legal counsel for a global, publicly traded litigation finance and legal risk management company. He advanced the company’s IP initiatives globally and handled U.S. litigation matters through the entire life cycle of the litigation funding relationship, including sourcing, evaluating, and monitoring IP and commercial investments through to resolution.

Outside of his legal practice, Phil teaches intellectual property at the University of Minnesota Law School and can often be found at the hockey rink, coaching his three children’s youth hockey teams.

Company Name and Description: With more than 800 attorneys and other legal professionals, Barnes & Thornburg is one of the largest law firms in the country. We serve clients worldwide from offices in Atlanta, Boston, California, Chicago, Delaware, Indiana, Michigan, Minneapolis, Nashville, New Jersey, New York, Ohio, Philadelphia, Raleigh, Salt Lake City, South Florida, Texas and Washington, D.C. We provide guidance in more than 50 dedicated practice areas, including litigation, intellectual property, labor and employment and corporate law. We are where you need us. Find out more at btlaw.com.

Company Website: btlaw.com

Year Founded: 1982

Headquarters: Largest office is in Indianapolis

Area of Focus: Intellectual property

Member Quote: Litigation finance has become an increasingly important financial tool for IP owners, who often find themselves disadvantaged by large, well-capitalized competitors. In this lopsided dynamic, non-recourse capital from trusted legal funders gives me the ability to right the harms inflicted upon my clients.

Litigation Capital Management Limited Positive Update on Fund I Investment

By Harry Moran |

Litigation Capital Management Limited (AIM:LIT), an alternative asset manager specialising in dispute financing solutions internationally, announces a positive development on an investment within its Fund I portfolio.

LCM has funded a claim advanced in respect of an international arbitration claim brought against the Republic of Poland under the United Nations Commission on International Trade Law (UNCITRAL) Rules. The Tribunal has unanimously held in favour of the funded party that the Republic of Poland breached its obligations under the Australia-Poland Bilateral Investment Treaty and the Energy Charter Treaty.  

The quantum of the award entered in favour of LCM's funded party totals A$490 million plus interest.

LCM's funded party has therefore been successful in the claim. If the award is not subject to challenge and is not satisfied the dispute will move to an enforcement stage. We will assess any further funding requirements once the enforcement strategy has been finalised.

The total investment into the case to date is A$16.6 million (US$11.3 million). This investment comprises A$4.2 million (US$2.8 million) from LCM’s own balance sheet and A$12.4 million (US$8.5 million) of third party capital from Fund I. In line with our usual practice LCM's returns are calculated as a rising multiple of invested capital over time.  

This investment is no longer attended with liability and quantum risk as that has been decided. Final performance will be announced to the market after conclusion of the investment. However, if the award is satisfied within a reasonable period without the need for enforcement, then based upon the contractual terms with the funded party as at the date of this announcement, LCM would be entitled to a multiple of 6 times its own invested capital plus significant performance fees on third party capital invested. 

Patrick Moloney, CEO of LCM, commented: "This announcement represents a very significant milestone in this investment. Subject to any challenge to the very favourable and unanimous award we now move to an enforcement stage. This investment is part of Fund I and therefore stands to benefit from significant performance fees giving it the potential to be the most successful investment in LCM’s history."

About LCM

Litigation Capital Management (LCM) is an alternative asset manager specialising in disputes financing solutions internationally, which operates two business models. The first is direct investments made from LCM's permanent balance sheet capital and the second is third party fund management. Under those two business models, LCM currently pursues three investment strategies: Single-case funding, Portfolio funding and Acquisitions of claims. LCM generates its income from both its direct investments and also performance fees through asset management.

LCM has an unparalleled track record driven by disciplined project selection and robust risk management. Currently headquartered in Sydney, with offices in London, Singapore, Brisbane and Melbourne, LCM listed on AIM in December 2018, trading under the ticker LIT.

www.lcmfinance.com

Tactical Management Announces Acquisition of Avyana Litigation Funding

By Harry Moran |

An investment vehicle advised by Tactical Management has successfully acquired Avyana Litigation Funding, further expanding its strategic portfolio in the legal financing sector.

Tactical Management, a globally active turnaround investor, specializes in unlocking the potential of underperforming companies, distressed real estate, and non-performing loans. The firm’s expertise lies in driving value and growth through strategic and operational support across a range of sectors and asset types.

Avyana Litigation Funding is dedicated to democratizing justice by providing financial support for complex legal disputes. As a trusted partner to minority shareholders, investors, and businesses, Avyana not only funds their fight to pursue rightful claims but also helps them monetize these claims, turning legal challenges into financial opportunities.

The acquisition aligns with Tactical Management’s strategic focus on supporting businesses with high-growth potential through innovative solutions. The acquisition of Avyana allows Tactical Management to strengthen its presence in the legal financing market, offering comprehensive services such as:

  • Shareholder Disputes: Funding legal battles over shareholder rights, corporate governance, and mismanagement.
  • Investor Claims: Supporting claims related to corporate misconduct, fraud, or breach of fiduciary duty.
  • Bankruptcy Litigation: Financing litigation to recover debts or protect interests during bankruptcy proceedings.
  • Individual or Collective Legal Actions: Providing funding for both individual and group legal actions.

Through this acquisition, Tactical Management enhances its ability to generate value for investors and stakeholders by tapping into the rapidly growing litigation funding market.

Chris Dore Joins Bridge Legal as Managing Director, Strategic Opportunities

By Harry Moran |

Bridge Legal, a leading provider of AI legal workflows, data management, and predictive analytics solutions for litigation funders and the high-volume law firms they support, is pleased to announce the appointment of Chris Dore as Managing Director, Strategic Opportunities.

With over 15 years of experience as a litigator and litigation funder specializing in mass torts, single-event, and class-action matters, Chris brings a wealth of expertise to Bridge Legal. Prior to joining the company, he served as a Partner at Edelson PC, a nationally recognized mass tort and class-action law firm, and most recently as a Director at Burford Capital, the world's largest litigation funder.

In his new role, Chris will focus on expanding and managing Bridge Legal's capital market strategies in high-volume consumer litigation. He will leverage the company's industry leading marketing, intake, case maturation, and AI-driven software platform—Bridgify—to strengthen relationships within the mass tort, mass arbitration, and single-event space. His efforts aim to enhance the sophistication of services offered to Bridge Legal's law firm and litigation funder clients, providing them with the tools and resources necessary to thrive amidst increasing data complexity and operational risk.

"Bridgify's AI workflow capabilities are transforming the way litigation funders and law firms operate by providing unprecedented visibility over their investments and case portfolios," said Ed Scanlan, Founder & CEO of Bridge Legal. "We are thrilled to welcome Chris to our leadership team. His extensive experience in mass torts and litigation funding aligns perfectly with our strategic vision. With his leadership, we aim to further enhance Bridgify's AI-driven solutions to meet the evolving needs of litigation funders and the firms they support. Chris's role will be pivotal in deepening our relationships within the industry and elevating the services we provide."

"I'm excited to join the leading legal tech company in the industry," said Chris. "Bridgify represents the future of high-volume legal services and litigation funding by integrating AI to streamline and enhance every facet of investment and case management. By focusing on expanding capital investments in high-volume consumer litigation and leveraging Bridge Legal's innovative platforms, we can provide unparalleled value to our clients. I look forward to contributing to Bridge Legal's mission of increasing human access to justice and helping to lead the company into its next chapter."

About Bridge Legal

Bridge Legal is the leading provider of AI workflow and predictive analytics solutions for litigation funders and the law firms they support. From its Chicago office, the company also offers marketing and intake services to help firms build their dockets, as well as back-office support for rapid case prove-up, including Plaintiff Fact Sheets and medical record reviews. Combined with its flagship platform, Bridgify—which includes data management and normalization, AI-driven workflow automation, integration management, predictive analytics, client communication and asset monitoring and fund management—this provides a game-changing, flexible offering unmatched in the industry. By integrating advanced technology with industry expertise, Bridge Legal empowers its clients to streamline operations, enhance client services, and drive profitable growth in an increasingly complex legal landscape.

Rep. Issa Introduces Litigation Funding Disclosure Bill

By Harry Moran |

Whilst it has mostly been at the state level where we have seen progress on legislation designed to increase transparency and disclosure around third-party litigation funding, this now looks set to change with the introduction of a new bill to Congress.

An article in Bloomberg Law covers the news that Republican congressman Darrell Issa has introduced a new bill to the House of Representatives, seeking to enshrine litigation funding disclosure into federal law. H.R.9922 was introduced last Friday, with the bill’s title signalling Rep. Issa’s intention “to amend title 28, United States Code, to provide for transparency and oversight of third-party beneficiaries in civil actions.” According to Bloomberg’s reporting, the bill would require both the disclosure of the identity of any litigation funder and the disclosure of the funding agreement present in a civil lawsuit.

Rep. Issa said that the proposed legislation “targets serious and continuing abuses in our litigation system and achieves a standard of transparency that people deserve and our standard of law requires.” Issa argued that the existence of litigation funding in a case should always be disclose, because “when we achieve a lasting measure of awareness by all parties, it will advance fair and equal treatment by the justice system and deter bad actors from exploiting our courts.”

Rep. Scott Fitzgerald is also listed as a co-sponsor for the bill.

H.R.9922 can be tracked here, although the full text of the bill is not yet available. 

Free Conference on Recent Legislative Responses to Litigation Finance

By Harry Moran |

The Center on Civil Justice at New York University School of Law mission is dedicated to the U.S. civil justice system and the continued fulfillment of its purpose. The Center brings together the unmatched strengths of the NYU Law faculty in the fields of procedure and complex litigation with the sophisticated practitioners and judges who make up our Board of Advisers.  Together we endeavor to support our civil courts as a place for people to fairly and efficiently resolve their problems and access justice.

The Center on Civil Justice at NYU School of Law will host a one-day conference on October 28, 2024 on the subject of legislative efforts to regulate third-party legal funding with the goal of connecting the debates on key legal funding issues taking place in academia and among practitioners, lobbyists and legislators, in the US and in Europe.  

The conference will consist of three panels, each focusing on a different legal funding reform effort. These include U.S. legislative efforts to regulate commercial litigation financing and consumer legal funding, in addition to an examination of European and other international legislative attempts to regulate third-party funding. The bill sponsors will be invited to present, along with experts on the topics the bill covers.

The event will take place on October 28, 2024, from 9am - 3:30pm.  We encourage everyone to attend in-person at Greenberg Lounge of Vanderbilt Hall, 40 Washington Square South, NY, NY 10012.

For those who cannot do so, the event will also be livestreamed via Zoom.  A link will be sent out to everyone who RSVPs.

The event is free, and we will be applying for CLE credit. 

Register Here: https://forms.gle/Z5UuQcB2geNhRe7dA.

9:15 AM – 9:30 AM – Opening Remarks

9:30 AM – 11:00 AM - Panel 1: Disclosure of Commercial Litigation Financing Agreements

While much of the state legislation enacted on third-party litigation finance has focused on consumer legal funding, states and the federal government have begun to think about the regulation of commercial litigation funding as well.  Specifically, the issue of whether, under what circumstances, and to what extent to disclose commercial third-party funding has been one of the most significant policy questions facing the industry for years.   Legislation has been introduced or passed in West Virginia, Wisconsin, and US Congress regarding disclosure of commercial funding agreements, and we will discuss these bills and others and how they will impact the commercial funding landscape.

11:15 AM – 12:45 PM – Panel 2: New York A.115 - Consumer Funding

Much, if not most, state legislation focuses specifically on consumer legal funding and not commercial litigation financing.  New York State alone has five different such bills.  This panel chooses to focus on A.115, which has passed the New York State Senate but not the Assembly – the bill that has so far advanced the furthest.  This bill caps returns to funders at the military lending rate.  Other bills do not place such a cap at all but require full disclosure of the contract.  This panel will discuss what is the best way forward to regulate the product in New York and across the country.

12:45 PM – 1:30 PM – Lunch

1:30 PM – 3:00 PM – Panel 3: EU P9_TA (2022) 0308 - International Legislation

In 2022, the EU Parliament adopted a resolution to introduce legislation creating minimum standards for third-party funding in the EU.  The European Commission has yet to submit a formal proposal for the EU Parliament and European Commission to consider.  However, the principals outlined in the resolution highlight many significant discussion points within the industry and demonstrate the state of international regulation of the industry.

3:00 PM – 3:15 PM – Closing Remarks

RSVP for the event here: https://forms.gle/Z5UuQcB2geNhRe7dA.