Trending Now

John Freund's Posts

3991 Articles

Legal-Bay Extends Non-Recourse Funding to AFFF PFAS Firefighting Foam Cancer Plaintiffs

By John Freund |

Consumer legal funder Legal-Bay has announced that it is providing pre-settlement funding to plaintiffs in the AFFF firefighting foam mass tort, as nationwide litigation tied to PFAS-related cancers and other diseases continues to advance toward bellwether trials.

According to PR Newswire, the AFFF multidistrict litigation has become one of the largest toxic tort proceedings in the United States, with thousands of personal injury claims consolidated in federal court alongside the municipal water contamination cases that have already produced multi-billion-dollar settlements with several chemical manufacturers.

Legal-Bay's funding is non-recourse, meaning plaintiffs repay advances only on a recovery, with no obligation if a case is unsuccessful. Eligible applicants include firefighters, military veterans, airport workers, industrial workers, and civilians diagnosed with cancers of the kidney, testicle, pancreas, prostate, liver, bladder, or thyroid, as well as thyroid disease, ulcerative colitis, and immune system disorders linked to PFAS exposure. The funder said applications are typically approved within 24 to 48 hours of receipt of case documentation.

"Toxic exposure litigation involving PFAS and firefighting foam can take years to fully resolve," said Legal-Bay chief executive Chris Janish. The announcement follows a similar Legal-Bay outreach to Depo-Provera plaintiffs earlier this week, reflecting a pattern of consumer funders positioning around large mass tort dockets ahead of bellwether outcomes that may define settlement values.

Germany’s Federal Court of Justice Imposes New Limits on Funders and Claim Aggregators in $590M Trucks Cartel Ruling

By John Freund |

The Bundesgerichtshof (BGH), Germany's Federal Court of Justice, has issued a closely watched judgment in the long-running Trucks Cartel litigation that upholds the use of collective claims vehicles in principle but sets significant guardrails around third-party litigation funding and claim aggregation.

As reported by Leaders League, the May 12, 2026 ruling addressed claims arising from the European Commission's 2016 cartel decision, brought on behalf of more than 3,000 entities across 21 jurisdictions and seeking approximately US$590 million. The BGH confirmed that cartel damages claims may be collectively aggregated and enforced by registered claims collection entities, reinforcing collective redress mechanisms in German private antitrust litigation.

The court imposed two material limits. First, third-party funders cannot exercise control that compromises the claims vehicle's obligation to act exclusively in the interests of the assignors, a conflict-of-interest standard that goes to funder governance rights. Second, claims aggregation cannot obstruct effective judicial review; excessive volume or complexity that renders proper assessment "impracticable" may violate the German Legal Services Act and result in dismissal for procedural abuse.

The BGH overturned the appellate decision and remanded the matter, directing the lower court to examine whether the funding structure created incompatible conflicts and, if the assignments survive, to divide claims within six months. The decision is expected to shape the architecture of funded collective antitrust actions across Europe, particularly in jurisdictions modelling Germany's claims-collection framework.

Michigan House Passes Third-Party Litigation Funding Bill 60–45, Sending Measure to Democratic Senate

By John Freund |

The Michigan House of Representatives has approved House Bill 5281, a Republican-sponsored measure that would impose registration, disclosure, and contracting restrictions on third-party litigation funders operating in the state, advancing the bill to a Senate where Democrats hold a narrow majority.

As reported by The Center Square, the bill cleared the chamber on a 60–45 vote, with four Democrats joining Republicans in support: Tulio Liberati, Peter Herzberg, Angela Witwer, and Will Snyder. Sponsor Rep. Mike Harris framed the legislation in floor remarks by asking, "Who does it benefit to allow outside investors to influence decisions in Michigan courtrooms?"

The bill requires litigation funders to register with the Department of Insurance and Financial Services, pay a $10,000 application fee, and file annual reports on funding activity. It mandates a ten-day consumer cancellation window for funded contracts, prohibits kickbacks and referral fees, prohibits funder influence on case strategy, bans funding by foreign adversaries, and imposes caps on funder spending and recoveries from awards.

Backers cited industry analyses suggesting third-party litigation funding raises household costs through higher prices and lost tax revenue. The measure now heads to a Senate where Democrats hold an 20–18 majority and where the bill's path is uncertain. The House passage adds Michigan to the list of states considered most active on third-party funding regulation, alongside parallel efforts under way in Colorado, Florida, and Pennsylvania.

UK FCA Opens Claims Management Study Examining Third-Party and Portfolio Litigation Funding

By John Freund |

The UK Financial Conduct Authority has set the terms of reference for a market study into claims management services, with third-party litigation funding squarely within scope. The review is the first time the regulator has formally examined whether funding structures behind claims firms are driving consumer harm.

As reported by Pinsent Masons, the FCA will explore how "various funding structures," including private equity, private credit, and "third party litigation funding, including portfolio funding," shape claims management firms' operational strategies and growth incentives. The study will also examine how firms find and advertise to consumers, the quality of information provided, value for money, fee arrangements, and financial resilience.

Among the consumer detriments the regulator has flagged are unwanted communications, misleading advertising, unrealistic return promises, unfair cancellation fees, unauthorized sign-ups, and fraudulent signatures. A central inquiry, the FCA said, is whether "volume over outcomes" incentives are driving these harms. The study will also probe regulatory arbitrage between claims management companies, which fall under FCA oversight, and law firms, which are supervised by the Solicitors Regulation Authority.

Stakeholders have until June 19, 2026 to provide input, with a final report due May 18, 2027. The FCA will work with the SRA and other regulators throughout. The inclusion of portfolio litigation funding within scope marks a notable extension of UK regulatory attention from PACCAR-related questions into the broader economics of claims firms and their capital structures.

Tillis’s Litigation Funding Tax Returns as a Reconciliation “Pay-For,” Reigniting Industry Pushback

By John Freund |

Senator Thom Tillis (R-N.C.) is again pressing for a federal tax on third-party litigation funding, this time as a revenue offset within the Senate's emerging reconciliation package built around immigration enforcement funding. The renewed push follows the parliamentarian's ruling last summer that struck a similar Tillis levy from the 2025 reconciliation bill under the Byrd Rule.

The vehicle for the tax is the Tackling Predatory Litigation Funding Act (S.1821), which would treat funder returns as ordinary income rather than capital gains and add a 3.8% surcharge, with prior versions of the proposal scored as raising approximately $3.5 billion over ten years. Tillis's office has framed the measure as a curb on what it describes as foreign and opaque capital influencing U.S. courts.

In a Washington Examiner op-ed, Regina Thomson, president of the Colorado Issues Coalition, criticized the proposal as one that would dry up funding "ordinary Americans" rely on to pursue claims against well-resourced corporate adversaries. She cited the financing of Gina Carano's suit against Disney, the litigation of baker Jack Phillips, and coach Joe Kennedy's free-exercise case as examples of funded claims with conservative resonance, arguing the proposal would, in effect, "give the Left a courtroom advantage."

The reemergence of the Tillis tax inside the reconciliation framework places the litigation finance industry once again at the center of a contested federal revenue debate, with funders, plaintiff-side advocates, and tort-reform groups likely to intensify lobbying in the coming weeks.

Anthropic Launches Claude for Legal, an AI Plugin Suite Spanning Litigation, Diligence, and Compliance

By John Freund |

Anthropic has released Claude for Legal, an open, modular suite of AI plugins, skills, and scheduled agents built for legal practice, including a dedicated litigation module with direct relevance to how funded matters are assessed and monitored.

According to Anthropic's Claude for Legal repository, the system bundles ten practice-area plugins spanning commercial, corporate, employment, privacy, regulatory, IP, AI governance, and litigation work, deployable either as interactive plugins or as headless "managed agents" that run on a schedule. The litigation plugin handles matter intake and portfolio tracking, demand letters, deposition preparation, privilege log review, and claim charts for both patent and civil disputes.

Several components map onto core litigation finance workflows. A scheduled "docket watcher" monitors court filings and deadlines, corporate diligence tools produce tabular reviews with citation-per-cell sourcing, and connectors integrate court-data services such as CourtListener and Trellis alongside Westlaw research. For funders and their counsel, who bear the cost of underwriting and continuously monitoring portfolios of funded cases, such tooling speaks directly to the economics of case assessment.

Anthropic positions every output as "a draft for attorney review, not legal advice," with built-in guardrails for source attribution, privilege awareness, surfaced jurisdiction assumptions, and verification flags when citations are not confirmed through a research connector.

The release reflects the accelerating integration of AI into the litigation lifecycle, an efficiency vector litigation funders are watching closely as they work to lower diligence and monitoring costs across larger case portfolios.

RAMCO CEO Says Spain Has Become Europe’s Fourth-Largest Litigation Finance Market

By John Freund |

Litigation funding has moved from a niche tool to an established component of dispute resolution across Europe, with Spain emerging as one of the continent's most active markets, according to RAMCO Litigation Funding chief executive Cristina Soler.

As reported by Leaders League, Soler said Spain's litigation finance market has expanded exponentially since 2017 and now ranks fourth in Europe, behind the United States, Australia, and the combined United Kingdom and Germany. She attributed much of the demand to competition-law damages claims, alongside growth in restructuring, insolvency, tax, and intellectual property matters. Construction, infrastructure, and energy disputes lead by frequency, and arbitration accounts for more than 55% of funded matters.

Soler framed funding primarily as an access-to-justice mechanism, enabling claimants without sufficient resources to pursue meritorious claims while drawing on funders' specialized expertise and professional networks—particularly valuable in complex competition enforcement. On regulation, she advocated a "proportionate and flexible" approach that distinguishes between consumer cases and business disputes, preserving freedom of contract while ensuring transparency and managing conflicts of interest.

Looking ahead, Soler pointed to portfolio-based financing and judgment monetization as evolving structures that broaden access to capital while mitigating funder risk. Her comments underscore the maturation of continental European markets at a moment when funders elsewhere face tightening disclosure rules and regulatory scrutiny, positioning Spain as a notable growth center within the broader European legal finance landscape.

LITFINCON Launches Inaugural Asia Edition in Singapore for June 2026

By John Freund |

The global litigation finance conference series LITFINCON will hold its first Asia-focused event on June 3–4, 2026 at Marina Bay Sands in Singapore, a signal of the sector's accelerating expansion into the Asia-Pacific region.

According to PR Newswire, LITFINCON Asia 2026, organized by Siltstone Capital, will convene senior institutional investors, law firms, litigation funders, insurers, and dispute resolution professionals across six panels. Programming will address Asia-Pacific legal finance trends, intellectual property as an asset class, international arbitration, insurance risk transfer, cross-border capital formation, and the secondary market.

Jim Batson, chief investment officer of legal finance at Siltstone Capital, will deliver opening remarks, with co-founder Robert Le speaking on capital allocation strategies. "The window in Asia is open right now," Batson said. "Singapore and Hong Kong have built the infrastructure. The deal flow is there." HOZU Capital is the diamond sponsor, with supporting partners including Deminor, Omni Bridgeway, and Bailey & Glasser LLP.

The event qualifies for 5.75 CPD credits, with registration available at litfinconasia.com. The launch follows LITFINCON's earlier European debut and reflects growing institutional interest in funded disputes across jurisdictions where Singapore and Hong Kong have established arbitration and funding frameworks. It underscores how litigation finance is consolidating as a global asset class with maturing infrastructure in major Asian dispute resolution hubs.

Legal-Bay Extends Non-Recourse Funding to Depo-Provera Mass Tort Plaintiffs

By John Freund |

Consumer legal funder Legal-Bay has announced that it is actively providing pre-settlement funding to plaintiffs in the Depo-Provera product liability litigation, offering non-recourse advances as the coordinated proceedings move through early discovery.

According to PR Newswire, lawsuits involving Pfizer's injectable contraceptive Depo-Provera are in mid-stage litigation across U.S. courts, with plaintiffs alleging the product caused serious health complications including decreased bone density and meningioma brain tumors, as well as inadequate warnings about long-term risks. Cases are being organized through coordinated proceedings, with bellwether trials expected to shape future settlement values; no global settlement has been finalized.

Legal-Bay's funding is non-recourse, meaning plaintiffs repay advances only if they prevail or settle, with no repayment obligation absent a recovery. The funder said applications from lawyers and plaintiffs in active Depo-Provera matters are typically approved within 24 to 48 hours of receiving case documentation. "We are very active in this litigation and are a preferred funder to many of the top Depo Provera firms in the country," said Legal-Bay chief executive Chris Janish.

The announcement illustrates the continued role of consumer legal funding in large mass tort dockets, where plaintiffs often face extended timelines before resolution. It also reflects funders' practice of positioning early in emerging product liability litigation as bellwether outcomes begin to define potential settlement frameworks.

Makate Moves to Void UK Investor’s 40% Stake in “Please Call Me” Payout

By John Freund |

Nkosana Makate, the inventor of Vodacom's "Please Call Me" service, has asked the Pretoria High Court to set aside a 2011 funding agreement that entitles UK-based investor Errol Elsdon to 40% of the multimillion-rand settlement Makate is set to receive after a 17-year dispute with the telecommunications group. The challenge places the enforceability of third-party litigation funding contracts squarely before a South African court.

As reported by Sowetan, Makate entered into an arrangement under which Black Rock, a British Virgin Islands company associated with Elsdon, would fund all of his legal costs against Vodacom in exchange for a 40% share of any eventual recovery. Makate's legal team now argues that Black Rock "breached the contract from the start because it never had the money to fund the litigation," noting that the company was deregistered in 2014 after failing to file financial statements.

Makate further alleges that Elsdon and his associates made fraudulent misrepresentations about Black Rock's financial standing before the agreement was signed. Elsdon counters that his company advanced approximately R2.9 million toward Makate's legal fees before encountering cash-flow difficulties.

The case has not yet been heard. Its outcome could carry broader implications for how courts assess funder capacity, disclosure, and the proportionality of contingent returns in cross-border litigation funding agreements.

Competition Appeal Tribunal Tightens Certification, Raising Stakes for Funded Class Actions

By John Freund |

The UK Competition Appeal Tribunal (CAT) is applying markedly closer scrutiny to collective proceedings at the certification stage, a shift that practitioners describe as significant and that carries direct consequences for the litigation funders backing opt-out class actions.

As reported by The Law Society Gazette, the tribunal is increasingly testing the viability of claims early rather than deferring those questions to trial. In Waterside Class Ltd v Mowi ASA, the CAT declined to certify a 44-million-person salmon cartel claim, citing proportionality concerns where a £21 million costs budget was weighed against potential per-claimant damages of £2 to £9. The pattern echoes Gutmann v First MTR, which produced a £25 million settlement with a take-up rate below 1%, distributing funds to fewer than 7,300 of roughly 10 million potential claimants.

The tribunal now expects realistic distribution projections at the outset, rigorous value-for-money testing, and class representative fees set at "public sector rates," having rejected proposed charges of £300 per hour. It has also signalled it will examine how stakeholders are compensated if class members fail to materialise.

For the funding sector, the recalibration compounds existing uncertainty surrounding the debate over reversing the PACCAR ruling, including the prospect of retrospective fee-recovery challenges. Funders face a more demanding gateway to certification at a moment when the economics of large consumer claims are already under pressure.

Law Commission Weighs a UK Consumer Class Actions Regime Beyond the CAT

By John Freund |

The Law Commission has launched a project to consider the potential introduction of a dedicated consumer class actions regime, a development with meaningful implications for where funded collective claims may be brought in England and Wales.

As reported by Legal Futures, the initiative responds to a structural problem: the opt-out collective proceedings mechanism currently sits within the Competition Appeal Tribunal and is therefore confined to competition-law claims. As a result, claimant lawyers and funders have at times framed consumer grievances as competition issues to access the only viable collective route, a practice the commentary suggests is neither sustainable nor principled.

A standalone consumer redress regime could open opt-out class actions to a broader range of claims, from product liability and data protection to financial mis-selling, without the need to characterise them as competition matters. For the litigation funding sector, that prospect represents both opportunity and uncertainty, as the design of any new regime would shape case economics, costs exposure, and the role of third-party capital.

The Law Commission's review arrives as the CAT tightens certification standards for existing collective proceedings, underscoring a period of structural reassessment for group litigation in the United Kingdom. The scope, funding rules, and certification thresholds of any proposed regime will be closely watched by funders and defendants alike as the project progresses.

Litigation Funders Recover £70 Million from EY’s £105.5 Million NMC Health Settlement

By John Freund |

EY UK has paid £105.5 million to the administrators of collapsed healthcare group NMC Health to settle long-running claims that the firm was negligent in its audits between 2012 and 2018, and newly disclosed figures show third-party litigation funders captured a substantial share of the proceeds.

As reported by Insurance Journal, NMC's administration report filed on May 8, 2026 disclosed that £47.9 million was repaid to litigation funders, together with an agreed litigation return of £22.2 million, bringing total funder recoveries to roughly £70 million. The settlement was reached on confidential terms without admission of liability by EY, which has stated only that it is no longer in dispute with NMC and declined further comment.

NMC Health, once a FTSE 100 constituent, entered administration in 2020 after the disclosure of billions of dollars in undisclosed debt and alleged accounting fraud. Administrators at Alvarez & Marsal pursued more than £2 billion in damages, alleging EY breached its contract and duty of care; EY maintained throughout that its auditors had been deceived by a sophisticated fraud. The matter went to a 15-week trial before Dame Clare Moulder in May 2025 and settled before judgment.

The case stands as a prominent illustration of the role of litigation finance in insolvency-driven professional negligence claims, where funder capital enables estates to pursue high-value recoveries that benefit creditors. The return figures offer a rare public window into the economics of a large funded auditor claim.

King’s Speech Omits PACCAR Fix, Funding Industry Voices “Deep Disappointment”

By John Freund |

The UK government's annual legislative agenda set out in the King's Speech this week made no mention of the long-promised litigation funding bill, leaving the industry's preferred reversal of the Supreme Court's 2023 PACCAR ruling unresolved. The omission comes despite a December commitment from ministers to legislate on PACCAR and introduce a new regulatory framework for funders, and it has drawn sharp rebukes from across the third-party funding sector.

As reported by Legal Futures, counsel and funders called the absence a setback for the competitiveness of England and Wales as a litigation hub. White & Case partner Robert Wheal said the government had "recognised that uncertainty caused by the PACCAR ruling risked undermining the competitiveness of England and Wales as a global hub for commercial litigation and arbitration," adding that it was "disappointing that time has not been found for the necessary legislation."

Jeremy Marshall, chief investment officer at Winward Litigation Finance, warned that the continuing ambiguity is eroding investor appetite. "Uncertainty is unhelpful for any investor and litigation funding is no different," he said, noting that the UK's premium standing in global legal services depends on credible funding rails for both consumer and commercial claims.

Trade bodies including the Association of Litigation Funders and the International Legal Finance Association voiced "deep disappointment" at the omission. The Ministry of Justice is reportedly waiting to attach the funding legislation to a suitable vehicle bill later in the parliamentary session.

ITC Disclosure Proposal Would Force Litigation Funding Transparency in Section 337 Cases

By John Freund |

The U.S. International Trade Commission has proposed a rule that would require parties in Section 337 intellectual property investigations to disclose their litigation funding arrangements, including the identities of entities that hold financial interests in or exercise control over case strategy and settlement decisions. The stated objective is to surface potential conflicts of interest and bring greater clarity to a venue that has become a primary forum for patent enforcement against imports.

As reported by Winston & Strawn, partner Alexander Ott discussed the proposal with Law360 and framed the disclosure regime as a tool that supports the agency's statutory mandate. "The commission's goal is to defend U.S. domestic industry," Ott said, making it important for the ITC to know "all the parties with a financial stake."

Ott suggested that commissioners could use funding information to weigh exclusion-order remedies more carefully, evaluating "how their decision helps or hurts the domestic industry ultimately." The argument lands inside a broader U.S. policy debate over whether mandatory funding disclosure should be confined to specific dockets or extended across federal courts, an issue currently before the Advisory Committee on Civil Rules.

If adopted, the ITC rule would mark the first formal, agency-level disclosure mandate aimed squarely at funded patent cases, layering a transparency obligation that plaintiffs and funders have resisted in district court litigation. The proposal is expected to draw written comments from funders, the patent bar, and large importers before the commission finalizes any change.

Burford Capital Shareholders Approve All AGM Resolutions, Back Dividend and Capital Authorities

By John Freund |

Burford Capital shareholders approved all 16 resolutions at the company's 2026 annual general meeting, ratifying the board's director slate, a final dividend, and a full suite of capital and share-issuance authorities. Roughly 70% of the company's outstanding shares were represented at the May 13 meeting, with every resolution clearing by a comfortable majority.

According to Burford's Form 8-K filing, shareholders re-elected all seven directors standing, with support ranging from 84.78% for John Sievwright to 96.90% for CEO Christopher Bogart. The board's $0.0625-per-share final dividend was approved with 96.73% support and is payable on June 12, 2026 to holders of record on May 22.

The advisory say-on-pay vote drew 72.92% backing, the lowest level of support among the governance items, while the reappointment of KPMG as auditor was nearly unanimous at 99.89%. Shareholders also authorized the board to issue ordinary shares for general corporate purposes (96.23%), conduct market repurchases (98.01%), and disapply pre-emption rights for both general share issuances (96.90%) and acquisitions (96.52%).

The vote arrives weeks after Burford's Q1 disclosures detailing a $2.4 billion YPF-related write-down and a strategic pivot toward a more diversified portfolio. Broad shareholder support for the capital framework gives management latitude to commit fresh capital, buy back stock, or finance acquisitions as it executes that repositioning.

State Legislatures Tighten the Screws on Third-Party Litigation Funding

By John Freund |

State legislatures continued their march toward tighter regulation of third-party litigation funding this week, with separate bills advancing in Michigan and Colorado that take very different routes to constrain outside capital in litigation.

In Michigan, the state House on May 12 passed House Bill 5281, the Third-Party Litigation Funding Transparency Act, sponsored by Rep. Mike Harris. The bill requires registration and disclosure by funders, prohibits funder control over case decisions, bars foreign adversaries from financing Michigan lawsuits, and caps funder returns from any award. The measure is backed by the Michigan Alliance for Legal Reform, a coalition of consumer advocates, small-business groups, and chamber-aligned organizations. It now moves to the Michigan Senate.

In Colorado, the legislature sent House Bill 1421 to Governor Jared Polis, who has until June 12, 2026 to sign or veto. The bill prohibits Colorado law firms from entering financial arrangements with non-attorney-owned alternative business structures, including arrangements in which out-of-state entities cover marketing or operational costs in exchange for a percentage of settlements. It cleared the Colorado House 53–11 and the Senate 33–2, supported by a coalition that included the Colorado Chamber of Commerce, the Colorado Trial Lawyers Association, and the American Property Casualty Insurance Association.

Together, the two bills illustrate the dual fronts on which the U.S. litigation finance industry is now defending itself: disclosure and conduct rules in Michigan, and outright structural prohibitions on outside capital flowing to law firms in Colorado. Both reflect a coordinated state-level push by chamber and insurance trade groups, at times aligned with elements of the plaintiffs' bar, to redraw the boundaries of permissible third-party funding in U.S. civil litigation.

Burford Repositions Around Broader Portfolio After $2.4 Billion YPF Write-Down

By John Freund |

Burford Capital is shifting its public narrative from a single landmark case toward the breadth of its underlying portfolio after absorbing a $2.4 billion non-cash write-down tied to the YPF reversal. The firm posted a $1.6 billion first-quarter loss and saw nearly half of its market valuation wiped out in the immediate aftermath, but management has used recent disclosures to reframe the setback against the rest of the book.

As reported by Non-Billable, Burford continues to pursue legal avenues on YPF, though chief executive Chris Bogart has acknowledged that U.S. courts "rarely grant such requests," with international arbitration emerging as the more probable next step. The firm has also pointed to roughly $100 million of profit already realized from YPF through the sale of minority stakes to third-party investors.

Beyond YPF, Burford is leaning on the size and composition of its broader portfolio: more than 230 active assets that the company has previously identified as capable of generating in excess of $5 billion in future returns. Management is framing the residual book as concentrated in large-scale commercial claims handled by major law firms and specialist disputes practices, distinct from the public profile of the YPF dispute.

Burford has also signaled operational continuity, with Travis Lenkner advancing from chief development officer to chief operating officer. Taken together, the moves suggest a strategy of accepting the YPF setback as a discrete event while attempting to reanchor investor focus on the firm's underlying claim portfolio rather than headline-case asymmetry.

Op-Ed: Nuclear Verdicts and Litigation Funding Driving Consumer Price Pressure

By John Freund |

A new op-ed by Ike Brannon of the Jack Kemp Foundation argues that the rapid rise of "nuclear" verdicts, fueled in part by third-party litigation funding, is now translating directly into higher prices for U.S. consumers. The piece adds to the chorus of tort-reform commentary linking the growth of outside capital in litigation to broader inflationary pressures.

As reported by RealClearMarkets, Brannon points to 49 "thermonuclear" judgments exceeding $100 million in 2024, nearly double the prior year, with overall tort litigation payments topping half a trillion dollars and projected to reach $800 billion annually by 2030. The op-ed cites antitrust allegations against fire truck manufacturers Oshkosh Corp., REV Group, and Rosenbauer America, and notes that "dozens of local and state governments are suing energy companies" over fossil fuel production.

On funding specifically, Brannon highlights data showing 42 funders held $16.1 billion in U.S. commercial litigation assets under management in 2024, up from $9.5 billion in 2019, an increase of nearly 70%. He argues that the growth "creates incentives" for expansive litigation strategies aimed at maximizing settlement leverage rather than clarifying the merits of underlying claims.

The piece urges Congress to advance the Litigation Funding Transparency Act, which would require disclosure of outside funding in federal class actions and multidistrict litigation, alongside broader tort reforms aimed at speculative class actions. The argument lands at a moment of intensifying state and federal scrutiny of litigation funding economics and disclosure obligations.

Kairos Digital Loan Notes Bring UK Litigation Finance to Tokenized Capital Markets

By John Freund |

UK litigation finance has taken a step into tokenized capital markets with the launch of the Kairos Digital Loan Notes High-Yield Programme — the first publicly rated senior secured digital bond backed by UK litigation finance receivables. The structure opens with an initial $50 million tranche and is designed to scale to $500 million.

According to a press release distributed via Plentisoft, the programme is structured by Canadian fintech T-RIZE Group with issuance through UK-based Kairos Litigation Limited and programme management by Horizon Group. The notes carry a B+ pre-issuance rating from Particula and are distributed by regulated broker-dealers Texture Capital and Black Manta Capital Partners to eligible institutional and qualified investors.

The underlying assets consist of short-duration financing to UK law firms advancing consumer claims within established regulatory frameworks. The portfolio benefits from claim-level diversification, insurance overlays, and A-rated reinsurance, with the structure incorporating ring-fenced assets, security trustee oversight, and bankruptcy-remote protections. Lifecycle administration runs on the Canton Network's governed digital infrastructure.

T-RIZE chief executive Madani Boukalba described the programme as evidence that "private credit can operate within a digitally native framework" without lowering institutional standards. The launch coincides with a broader shift among litigation funders to access institutional credit markets directly and with rising investor appetite for non-correlated alternative credit exposures — a category in which litigation finance has long sought broader acceptance.

Roundup Class Counsel Seek $675 Million Fee Award in $7.25 Billion Monsanto Settlement

By John Freund |

Class counsel in the $7.25 billion Roundup nationwide class settlement have asked a Missouri judge to approve $675 million in legal fees — about 9.3% of the settlement fund, which counsel describe as "quite modest" relative to comparable mass-tort outcomes. The request crystallizes the economics behind one of the largest product-liability settlements of the decade.

As reported by Law.com, the settlement covers individuals across the United States who were exposed to Monsanto's Roundup herbicides and diagnosed with non-Hodgkin lymphoma, along with future diagnosed claimants. Monsanto, owned by Bayer, will fund the agreement over 17 to 21 years. Lead counsel for future claimants Eric D. Holland of Holland Law Firm framed the structure as designed to serve long-tail medical-monitoring needs of a chronic-exposure population.

The settlement received preliminary approval from the 22nd Judicial Circuit Court for the City of St. Louis, with a fairness hearing scheduled for July 9, 2026 to determine whether the structure is fair, reasonable, and adequate. The court has authorized a national notice program to alert eligible class members.

The fee request lands amid broader scrutiny of how legal fees and funder economics scale in mass-tort matters. While the Roundup class settlement does not publicly identify third-party litigation funding involvement, its sheer size and the duration of payouts highlight the long-horizon capital that has become increasingly central to mass-tort litigation strategy in U.S. courts.

APCIA Pins Cost-of-Living Pressures on “Legal System Abuse” and Litigation Funding

By John Freund |

The American Property Casualty Insurance Association is pressing its tort-reform message, arguing in a new release that "legal system abuse" — including third-party litigation funding — is a major and underappreciated driver of higher prices, fewer choices, and reduced economic output. The framing aligns with a coordinated industry push to reshape public discussion of civil-justice costs.

According to a press release distributed via PR Newswire, APCIA claims the U.S. tort system costs households nearly $6,000 per year in higher prices and reduced choice, alongside "hundreds of billions of dollars in lost economic output" and millions of jobs. The release argues outside capital, including TPLF, "could add to pressure on the legal system and costs for consumers," noting projections that the litigation funding market will more than double in size over the next decade.

The featured commentary comes from Dr. Robert P. Hartwig, clinical associate professor at the University of South Carolina, who frames "legal system abuse" as a key but underreported driver of cost-of-living pressures. APCIA calls for "commonsense reforms" that it says would lower household costs and improve insurance affordability while preserving access to the civil justice system.

The release does not cite peer-reviewed studies or specific state-level data for its figures. It arrives amid intensifying state and federal scrutiny of litigation funding disclosure, taxation, and foreign ownership — battles in which the property-casualty industry has emerged as the most consistent voice for tighter regulation.

Litigation Funding Emerges as an Asset Class in India

By John Freund |

Litigation funding is taking root in India as domestic and global investors begin financing commercial disputes in exchange for a share of awards or settlements. The shift positions India as one of the more closely watched emerging markets for third-party legal funding, even as deal data remains sparse and confidentiality the norm.

As reported by Mint, three firms — Mumbai-based alternative investment fund Five Rivers, LegalPay, and ELF Partners — are leading the early build-out. Five Rivers is in discussions to close its inaugural fund at $25 million to $50 million, targeting individual deployments of $1 million to $12 million. Cases are screened on legal merit, viable quantum, and asset rating, with litigation costs typically covered upfront in return for a share of recoveries.

Return profiles are striking by the standards of mainstream private credit. ELF Partners chief executive Pranav Mago has said investor payouts can run as high as 200% to 300% over four to five years, while Five Rivers expects successful cases to deliver 50% to 70% IRRs, with a portfolio target above 30%.

The legal foundation for third-party funding in India was clarified in 2018, when the Supreme Court in Bar Council of India v. A.K. Balaji validated such arrangements provided they are not "extortionate, unconscionable or against public policy." Industry participants argue that third-party funding broadens access to courts for commercial claimants facing better-resourced opponents and could anchor India's role in the next leg of global litigation finance growth.

Burford Capital Reports Q1 2026 Results, Citing Over $700M Liquidity Despite YPF Charge

By John Freund |

Burford Capital reported first-quarter 2026 results highlighting more than $700 million of liquidity and a 25% increase in new commitments, even as the YPF reversal drove a large non-cash charge to quarterly earnings. The figures frame Burford's capital base as intact despite the most significant single setback in its history.

According to the company's Q1 2026 earnings release, Burford ended the quarter with $740 million in cash and marketable securities, supported by the $500 million it raised in January. The firm reported $133 million in new definitive commitments — 25% above its Q1 average for 2024 and 2025 — and has visibility on roughly $280 million of cash from the portfolio so far this year.

Chief executive Christopher Bogart emphasized that the YPF loss, although headline-grabbing, has not produced a cash hit. To date, Burford has realized $236 million in cash proceeds and more than $100 million in profit from the YPF case. Bogart said the case was large in potential outcome but not especially costly to pursue, and that Burford remains open to similar asymmetric matters.

Looking ahead, Burford has 36 trials and merits hearings scheduled across its portfolios in 2026, compared with 23 at the same point last year, and identifies 23 assets with the potential to generate double-digit-million-dollar realizations during the year. The disclosures reinforce the company's view that the YPF reversal is recoverable within the broader portfolio.

Burford CEO Bogart Argues for Outside Capital in Law Firm Ownership

By John Freund |

Burford Capital chief executive Christopher Bogart is making the case for opening law firm equity to outside capital, framing the legal profession's current partnership structure as the last major holdout of professional services to resist public-market ownership. The vision extends Burford's existing strategy of treating legal claims as financial assets into the firms themselves.

As reported by Semafor, Bogart outlined two pathways for the model on the network's Compound Interest program. The first involves management services organizations, or MSOs, that separate back-office functions into standalone entities — a structure already gaining adoption across the U.S. legal market. The second is direct non-lawyer ownership, which would require either a bold first-mover firm in a permissive jurisdiction or coordinated reform of state ownership rules.

Bogart drew the parallel to investment banks in the 1980s, which moved from private partnerships to public companies after similar regulatory resistance collapsed. He observed that managing partners are "waiting for somebody else to take the next step," and reflected that many senior lawyers eventually look back on the value they created and wonder whether they would have been better off building equity in another industry.

The interview lands as Burford continues to absorb the impact of its March YPF litigation reversal and as broader U.S. litigation finance has drawn capital into law firm ownership through MSO structures. Bogart also pushed back on the idea that AI will dismantle the billable hour model anytime soon.

Hedge Funds Move on Distressed Litigation Finance Assets as Sector Slumps

By John Freund |

A protracted downturn in litigation finance is drawing hedge funds and special situations investors to acquire legal-claim portfolios at deeply discounted valuations, in some cases as low as 10 cents on the dollar. The roughly $20 billion industry has been battered by tougher regulation, prolonged court timelines, and investor withdrawals, leaving traditional funders short of capital and creating an opening for opportunistic buyers.

As reported by Bloomberg, firms including Davidson Kempner Capital Management, Attestor, Fortress Investment Group, and Bench Walk Advisors are among those exploring purchases of distressed portfolios. In some transactions, buyers are reportedly assuming claims at no upfront cost, paying sellers only a contingent share if cases ultimately succeed.

The shift follows several high-profile setbacks for the industry. In March, a U.S. appeals court overturned a $16.1 billion judgment in favor of YPF SA investors against Argentina — a case backed by Burford Capital. Burford's share price dropped 47% on the news and is down roughly 42% year-to-date.

Zachary Krug of NorthWall Capital observed that lengthy court cases have become a structural problem and that traditional funders are "running out of cash," generating supply for distressed buyers. Adding to the pressure, the UK justice ministry has signaled intentions to introduce "proportionate regulation" of litigation funding agreements, reinforcing the case for consolidation as long-duration capital meets short-duration liquidity needs.

Music Licensing Inc. Launches Luxembourg SPV to Securitize Copyright Litigation Portfolio

By John Freund |

Music Licensing, Inc. (OTCID: SONG), operating as Pro Music Rights, has announced the formation of a Luxembourg-domiciled special purpose vehicle to securitize and repackage its licensing portfolio and copyright infringement claims into tradeable securities. The structure represents one of the more ambitious recent attempts to bring litigation portfolio securitization to the public capital markets.

According to a press release distributed via Newsfile Corp., the SPV will bundle active licensee agreements generating recurring royalty streams, copyright infringement claims against unlicensed users, ongoing and future litigation claims, and rolling receivables from expanded IP licensing activity. Distribution is planned via Rule 144A private placements to qualified institutional buyers in the United States and Regulation S offerings to international investors.

The company is targeting listings on the Luxembourg Stock Exchange and Euro MTF market, the Vienna Stock Exchange and its MTF segment, and other EU-regulated venues. Pro Music Rights has reported a single doubtful account of approximately $1.092 billion tied to its Q2 2024 financials, alongside 2024 reported revenue of $128.9 million against a net loss of $54.4 million, framing the SPV as a structural fix to the gap between contractual claims and realized cash flow.

A company spokesperson described the initiative as addressing "the structural disconnect between our revenue" and cash position, characterizing it as "permanent, scalable" and "immediately value-accretive," and as potentially "the most consequential strategic decision in the company's history." Longer term, the company intends to pursue Form 10 SEC registration and a potential U.S. national exchange listing.

UK Judges Sharpen Scrutiny of Class Action Funder Returns

By John Freund |

UK judges are paying closer attention to the commercial benefits flowing to lawyers and funders in class action proceedings, signaling a tougher review of who actually gains from collective litigation. The shift follows growing concern that funder returns and legal fees can dwarf the per-person compensation delivered to class members.

As reported by The Times, the recalibration is being driven in part by a recent Competition Appeal Tribunal ruling that rejected a proposed collective action over alleged Atlantic salmon price-fixing. The case, brought by proposed class representative Anne Heal and backed by Erso Capital, sought to represent up to 44 million UK consumers. Litigation costs were budgeted at £16 million plus VAT, with after-the-event insurance of £5.3 million, against estimated per-person damages of £1.61 to £8.77.

The CAT held that "class actions offer enormous and irresistible commercial benefit to the lawyers and funders, whereas the commercial benefit to individual members of the class is relatively small," warning that the design "distorts incentives." The tribunal invited the claimant to reapply with reduced costs and an improved distribution mechanism.

The decision arrives amid a broader UK reset on third-party funding, including legislative work to reverse the Supreme Court's 2023 PACCAR ruling and Court of Appeal recognition in Gutmann v. Apple that the CAT may order funder returns to be paid in priority to class members. Together, the rulings suggest UK courts are seeking to preserve access to justice while constraining outsized funder economics.

Third-Party Funding Reshapes Post-M&A Arbitration in Spain

By John Freund |

Third-party funding is increasingly shaping the strategic landscape of post-M&A arbitration, according to discussions at the OPEN de Arbitraje 2026 conference held in Madrid. Practitioners and arbitrators examined how external capital is altering the calculus for claimants pursuing disputes that arise from share purchase agreements, earn-out clauses, and post-closing indemnity claims.

As reported by Iberian Lawyer, panelists framed third-party funding as a viable alternative for parties navigating the often-protracted and capital-intensive nature of M&A arbitrations. The discussion emphasized that funding agreements are no longer reserved for distressed claimants but are increasingly deployed by well-capitalized parties seeking to manage risk, free up balance sheet capacity, or align outside investors with the success of a claim.

Spain has emerged as one of Europe's more receptive jurisdictions for funded arbitration, with both the Spanish Court of Arbitration and the Madrid International Arbitration Center requiring disclosure of third-party funding arrangements. That regulatory clarity has helped institutional funders deepen their involvement in the Iberian market while giving counterparties greater visibility into the financing of claims.

The panel highlighted that post-M&A arbitration presents particular structural features that make funding attractive: claims tend to be discrete, liability-driven, and supported by extensive transactional documentation, all of which improve underwriting predictability. As funders refine their models for valuing M&A disputes, the conference signaled that capital is poised to play a more visible role in shaping which claims are pursued and how they are resolved.

Funded Class Action Delivers NZ$125 Million Win Against ANZ in New Zealand High Court

By John Freund |

Litigation funding played a decisive role in a landmark New Zealand High Court ruling that has left ANZ Bank New Zealand facing potential liability of up to NZ$125 million. The class action, brought on behalf of approximately 17,000 borrowers, would not have been viable without backing from funders LPF Group and CASL, which financed the proceedings against the country's largest bank.

As reported by LawFuel, Justice Geoffrey Venning delivered summary judgment against ANZ on May 4, 2026, finding the bank in breach of disclosure obligations under the Credit Contracts and Consumer Finance Act 2003 (CCCFA). The case turned on a coding error in ANZ's loan systems that affected variation letters issued between June 2015 and May 2016. Although the bank argued the underpayments averaged just NZ$2 per customer per month, the court held that "technical errors in disclosure, no matter how small the financial impact, trigger automatic statutory penalties."

ANZ was ordered to refund the lead plaintiffs NZ$32,728.42, establishing a benchmark that, when extrapolated across the class, produces the NZ$125 million exposure figure. The judgment rejected ANZ's "no harm" defense, confirming that Section 22 of the CCCFA imposes strict liability regardless of actual financial harm.

ANZ chief executive Antonia Watson described the consequences as "disproportionate." The bank reported after-tax New Zealand profit of roughly NZ$1.4 billion last year. The decision underscores how funded class actions are reshaping consumer redress in jurisdictions where individual claims would be uneconomic to pursue.