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Court of Appeal Shuts Down BHP’s Attempt to Overturn Mariana Liability Judgment

By John Freund |

The Court of Appeal of England and Wales today refused BHP’s application for permission to appeal the High Court’s landmark liability judgment in the Mariana disaster litigation.

The High Court found BHP responsible for the 2015 collapse of the Fundão tailings dam in Mariana, Minas Gerais, Brazil, concluding that BHP is liable for the disaster under both the Brazilian Civil and Environmental law.

The Court of Appeal heard BHP’s application for permission to appeal the decision on 12 March after BHP was refused permission to appeal by the High Court in January.  BHP asked the court for permission to contest the findings that it was a polluter, and that it had knowledge of the risks associated with the dam before the collapse. The mining company also challenged the finding that all claimants brought their claims in time.

The Court of Appeal’s refusal marks a further victory for the hundreds of thousands of Brazilian victims who have spent over ten years pursuing justice, and a major setback for BHP. The High Court’s liability judgment remains in force, and BHP has exhausted the ordinary routes by which it could seek to overturn it.

In today’s ruling, the court concluded that BHP’s proposed grounds of appeal have no real prospect of success and there is no other compelling reason for the appeal to be heard.  The decision means that the parties will proceed to the trial of Stage 2 of the proceedings, which will determine issues of causation, loss and damages. The trial evidence is to be heard from April 2027 to December 2027, with closing submissions listed for March 2028.

Lord Justice Fraser wrote in the decision: “I do not accept that any of the grounds relating to BHP’s liability for the dam collapse are reasonably arguable. I do not consider that there is any foundation for the different complaints that the trial judge failed to engage with BHP’s case."

Jonathan Wheeler, lead partner for the Mariana litigation at Pogust Goodhead, said: “The Court of Appeal has now joined the High Court in finding that BHP’s grounds of appeal have no real prospect of success - an emphatic and unambiguous outcome. BHP remains liable for the worst environmental disaster in Brazil’s history, and it will not be given another bite at the cherry.”

“Our clients have waited more than a decade for justice while BHP pursued every procedural avenue to avoid accountability; those avenues are now closed. We are focused on securing the compensation that hundreds of thousands of Brazilians have been owed for far too long.”

Corbin Capital Closes $342 Million Litigation Finance Fund I

By John Freund |

Corbin Capital Partners has held the final close of Corbin Litigation Finance Fund I at $342 million in fund and co-investment commitments, marking the alternative asset manager's first vehicle dedicated exclusively to litigation finance. The close caps a roughly two-year fundraise and consolidates a strategy that the $10 billion firm has run inside broader credit mandates since 2018.

As reported by Bloomberg Law, the fund has already deployed across 26 investments, with approximately 30% of capital allocated to mass tort matters and the balance spread across antitrust, commercial disputes, and intellectual property cases. Corbin runs a credit-style strategy that finances both case portfolios and law firms directly, including prior exposure to Boy Scouts of America abuse claims and ongoing financing of sexual abuse cases against government, religious, and educational institutions.

The fund drew commitments from institutional investors, family offices, and high-net-worth individuals seeking returns uncorrelated with public equities. Cesar Bello, Corbin's director of litigation finance, told Bloomberg that the strategy depends on diversification across legal risks rather than concentrated case bets. Litigation finance assets under management have climbed to roughly $16.1 billion as of mid-2024, up from under $10 billion five years earlier, according to industry data cited in the report.

Corbin's leadership has signaled that litigation finance will remain a complementary allocation rather than a flagship strategy, but the dedicated vehicle gives the firm a more visible platform in an asset class increasingly courted by allocators searching for non-correlated yield.

ITC Proposes Disclosure Rule Reaching Litigation Funders in Section 337 Cases

By John Freund |

The U.S. International Trade Commission has proposed a new disclosure rule that would require parties and intervenors in Section 337 investigations to identify ownership interests, legal-rights holders, and non-party funders or decision-makers with financial or control stakes in the matter. The rule reflects a broader patent-forum trend toward unmasking the parties operating behind named litigants.

As reported by JD Supra, the proposal would mandate disclosure across three categories: parent corporations and stock owners; non-party persons or entities with legal rights to bring the investigation based on the asserted unfair acts; and any non-counsel person or entity providing investigation-specific funding or holding approval rights over litigation or settlement decisions. Counsel contingency arrangements, personal loans, bank loans, and insurance are expressly excluded.

The Commission framed the rule as a transparency measure aimed at evaluating conflicts, clarifying whose rights are at stake, and facilitating settlement. The proposal aligns with the Patent Trial and Appeal Board's real-party-in-interest scrutiny and Chief Judge Colm Connolly's standing order in the District of Delaware, which already requires disclosure of non-recourse funding and funder approval rights. Public comments are open until June 29, 2026.

For litigation funders, the rule does not bar third-party financing of Section 337 cases but does demand visibility into capital structures and decisional control. Funders backing patent-heavy ITC dockets will need to assess whether portfolio mechanics, exclusive-licensee arrangements, or settlement consent rights cross the disclosure threshold — and prepare for a regulatory environment in which the named complainant is no longer presumed to tell the whole story.

Litigation Funders Emerge as Major Buyers of Law Firm Equity Through MSO Deals

By John Freund |

Litigation finance investors are stepping forward as one of the most active buyer groups in the scramble for equity stakes in U.S. personal injury law firms, deploying capital through managed services organizations and similar financing structures that work around state restrictions on non-lawyer ownership of legal practices.

As reported by Law360, funders are increasingly competing alongside private equity sponsors and specialty credit managers for ownership-adjacent positions in plaintiff-side firms, with a recent $125 million Fortress Investment Group transaction cited as a marker of the trend. The MSO model lets investors capture economic exposure to firm performance — case volumes, settlement-driven revenue, and platform value — without acquiring direct equity in the law firm itself.

The trend reflects a shift in how institutional capital is approaching the litigation asset class. Single-case funding and portfolio facilities remain the core of most funder books, but enterprise-level positions in law firms offer recurring exposure to caseload generation rather than discrete case outcomes. Personal injury firms, with their predictable case mix and high settlement throughput, have become the most sought-after targets.

The structures will sharpen the regulatory debate over non-lawyer ownership and disclosure. Arizona is the only state to formally permit alternative business structures, leaving MSO-style arrangements as the operative workaround in other jurisdictions. Plaintiff bar groups, defense interests, and tort reform advocates have all signaled concern over how funder equity in law firms intersects with rules of professional conduct, fee splitting, and the duty of independent professional judgment — pressure that is likely to grow as deal sizes climb.

CAT Approves £1.7bn Microsoft Class Action Despite Funder Uncertainty

By John Freund |

The UK's Competition Appeal Tribunal has certified a £1.7 billion opt-out collective action against Microsoft, even after acknowledging "a degree of uncertainty" surrounding the case's litigation funder. The claim, brought by digital markets expert Dr Maria Luisa Stasi on behalf of approximately 59,000 businesses, alleges Microsoft overcharged customers running Windows Server on rival cloud platforms.

As reported by Legal Futures, the Tribunal heard that funder Litigation Capital Management (LCM) has access to a $75 million facility from Canadian investment firm Northleaf Capital Partners, renewed in December 2024 with the potential to double in size. Roughly 62% of the £14 million case budget is drawn from third-party capital under management — outside any direct exposure to LCM's balance sheet — leaving £5.3 million tied to LCM itself.

Microsoft argued the certification application should be dismissed in part because of questions over LCM's solvency. The CAT, chaired by Mr Justice Adam Johnson, weighed LCM's £41 million in listed assets alongside the Northleaf facility and concluded there was a "reasonable expectation of funding." The panel further noted that, even if LCM's portion fell short, the present state of the litigation funding market would likely make alternative capital available for an already-certified claim.

Scott+Scott, the proposed class representative's solicitors, also clarified the conditions under which LCM could terminate the funding agreement — confirming any merit-based termination decision must rest on independent legal and expert advice. The CAT ruled that the proposed funding and governance arrangements supported certification on an opt-out basis.

Fortress Takes Equity Stake in Arizona Personal Injury Law Firm

By John Freund |

Fortress Investment Group has expanded its push into US legal services with a new equity investment in an Arizona personal injury law firm, structured through a financing arrangement designed to bring institutional capital onto a plaintiff-side platform. The transaction marks another step by the alternative asset manager into ownership-adjacent positions in a market where direct non-lawyer investment in law firms remains tightly restricted.

As reported by the Financial Times, the deal uses a financing structure that allows Fortress to take economic exposure to firm performance without breaching state rules barring non-lawyer ownership of legal practices. Such structures — often built around management service organizations and similar vehicles — have become a focal point for litigation finance investors seeking durable, recurring exposure to plaintiff-side caseloads rather than single-case funding alone.

Fortress has been one of the most active alternative managers in the US litigation finance and legal services market, deploying capital across single-case funding, portfolio facilities, and law firm financing transactions. Recent moves by the firm reflect a broader trend of institutional capital migrating toward law firm enterprise value, particularly in plaintiff-side personal injury practices, where predictable case volumes and settlement-driven revenue streams attract yield-seeking investors.

The transaction will likely intensify scrutiny of the legal and regulatory architecture governing non-lawyer participation in US law firms. Arizona is the only state to formally permit alternative business structures, but financing-led arrangements remain a workaround in other jurisdictions — and a flashpoint for the bar groups, plaintiffs' associations, and tort reform advocates currently debating disclosure and ownership rules.

Misra IP Litigation Launches With Focus on Patent Litigation Funding and IP Monetization

By John Freund |

Anup Misra has launched Misra IP Litigation, a new patent litigation strategy and advisory firm centered on litigation funding, underwriting, and intellectual property monetization. The firm will serve as lead underwriting counsel for Patent Capital Funding, an insurance-backed patent litigation finance platform that has raised approximately $400 million to date.

According to PR Newswire, Misra will evaluate prospective investments, structure litigation strategy, and oversee funded cases for the platform. Patent Capital Funding partners with a select group of plaintiff-side firms and applies an underwriting framework that stress-tests each matter across infringement, validity, and damages — focusing capital on cases capable of withstanding scrutiny through trial and appeal.

Prior to launching the firm, Misra served as Managing Director of Intellectual Property at Curiam Capital, where he led underwriting and strategic oversight of patent litigation investments. "My focus is on bringing a combined litigation and underwriting perspective, experience investing in patent litigation, and relationships with top-tier plaintiff-side firms and industry participants to help scale the platform in a disciplined way," Misra said in the announcement.

Beyond his work for Patent Capital Funding, Misra IP Litigation will also advise independent inventors and small to mid-sized businesses on monetization strategies — through litigation, licensing, or acquisition — and provide diligence and strategic oversight on patent litigation investments more broadly. The firm's practice spans pre-suit and post-filing analysis, infringement, validity, and damages assessment, ongoing case development, and portfolio construction strategies for patent holders.

Legal Asset Servicing Names Gian Kull CEO of Legal Asset Infrastructure Platform

By John Freund |

Legal Asset Servicing (LAS) has appointed Gian Kull as Chief Executive Officer to lead the institutional scale-up of its operational platform for litigation finance. The London-based platform currently supports more than €7 billion in claim value across litigation funders, law firms, and insurers backed by leading institutional investors.

According to the National Law Review, Kull joins LAS from Omni Bridgeway, where he served as Regional Portfolio Manager and led the UK office to become the funder's largest globally by investment volume. He previously served as Chief Investment Officer at Augusta Ventures, where he managed one of the UK's leading litigation finance portfolios.

LAS positions itself as the financial infrastructure layer for legal assets, providing funders, law firms, insurers, and capital providers with a single platform to monitor, manage, and report on legal asset portfolios. "Billion-dollar portfolios are still being managed on spreadsheets and fragmented tools," Kull said in the announcement. "LAS exists to fix that. We've built the operational layer that litigation finance needs to function at institutional scale."

The platform also targets one of the structural barriers to a secondary market in litigation finance: due diligence friction. Because LAS holds structured, multi-party data tied to each case, it functions as an instant data room for secondary transactions — reducing diligence timelines from weeks to hours and supporting cleaner information transfer when portfolio assets change hands. Kull's appointment marks the start of an accelerated commercial phase for LAS as the asset class continues to mature.

GLS Capital Ranked Among Top US Litigation Funders by Legal 500 Disputes Hub

By John Freund |

GLS Capital has been ranked by The Legal 500's Disputes Hub as one of the leading US commercial litigation funders, the firm announced. The recognition places GLS in the upper tier of a directory tracking funders most active and visible in major US disputes.

According to citybiz, GLS Capital — a global commercial litigation finance firm — earned the ranking based on its record financing complex commercial disputes, including patent litigation, antitrust matters, and high-value contract claims. The Legal 500's Disputes Hub aggregates data on funders, law firms, and disputes professionals, and is widely consulted by general counsel and outside counsel evaluating funding partners.

The ranking comes amid intensified competition among US-focused commercial funders, where capital deployment, portfolio performance, and case selection discipline increasingly define market leadership. GLS Capital has been among the more active mid- and upper-market funders since its founding, with a portfolio that spans single-case investments, law firm portfolios, and structured arrangements with claimants in commercial disputes.

For institutional limited partners and prospective claimants, third-party rankings such as The Legal 500's Disputes Hub serve as a screening tool in a market where transparency around funder track records remains uneven. As US courts and rulemakers consider new disclosure requirements for litigation funding, market participants are increasingly looking to independent verification of funder credentials, capital strength, and case selection practices. The recognition adds to GLS Capital's external profile during a period of broader institutional consolidation in commercial litigation finance.

Counsel Financial Closes $30 Million+ Succession Financing for Plaintiff Firm

By John Freund |

Counsel Financial has originated a financing transaction worth more than $30 million to support an internal succession plan at a plaintiff-side law firm. The capital is structured to enable the orderly transfer of ownership from the firm's existing partners to the next generation, with the deal collateralized by a portfolio of single-event personal injury matters.

According to Newswire, the transaction was funded by a large alternative asset manager and represents a specialized application of litigation finance to law firm continuity planning. Rather than financing a single case or open caseload, the deal monetizes the firm's existing inventory of personal injury claims to generate liquidity for a planned ownership transition.

Succession financing has emerged as a quieter but increasingly active corner of the litigation finance market. Plaintiff firms with mature partnerships and substantial pending dockets often face significant friction when senior partners look to retire or reduce their stakes — particularly where state ethics rules limit the use of outside capital. Specialty lenders such as Counsel Financial have responded by structuring transactions that draw on case portfolios as collateral, allowing firms to fund partner buyouts without ceding control to non-lawyer investors.

For plaintiff-side practices grappling with generational turnover, deals of this scale offer a model for preserving firm independence while accessing institutional capital. The transaction also underscores the deepening role of alternative asset managers in funding the operational and ownership structures of plaintiff law firms, well beyond traditional case-by-case funding.

UK Litigation Funding Reforms in 2026: From Commercial Tool to Regulated Justice Feature

By John Freund |

A new Solicitor News analysis frames 2026 as the year UK litigation funding completes its transition from a flexible commercial tool to a regulated feature of the justice system, with transparency, fairness, and proportionality of funder returns now squarely in the line of sight of both Parliament and the courts. The piece argues that funding arrangements are no longer treated as peripheral financial instruments but are instead being examined as active components of the disputes they finance.

As reported by Solicitor News, the post-PACCAR landscape continues to drive structural change — pushing funders to restructure agreements that had been classified as damages-based agreements under the Supreme Court's ruling and prompting heightened judicial scrutiny of conflicts of interest, procedural fairness, and the economics of group actions. The analysis flags tighter funder selectivity, deeper firm-side due diligence on funder counterparties, and an expectation of more rigorous early-stage case assessment as defining features of the new regime.

For UK law firms, the article identifies opportunities alongside the risks: enhanced client confidence through transparency, differentiation for firms that can demonstrate compliance expertise, and a chance to position funding as part of an integrated dispute strategy rather than an after-the-fact add-on. The broader signal is that 2026 reforms — coming on top of FCA enforcement activity in adjacent financial sectors — are converging into a tighter regulatory perimeter that funders and claimant firms alike will need to navigate deliberately rather than incidentally.

Adam Levitt Pushes Back on the “Tort Reform” Myth in National Law Journal Column

By John Freund |

Plaintiffs' class action attorney Adam J. Levitt of DiCello Levitt has used his monthly *National Law Journal* column to challenge what he calls the central premise of the modern tort reform movement — that America is "drowning in lawsuits" — arguing that the framing is unsupported by the data and has nonetheless underwritten 40 years of legislative and regulatory restrictions on civil litigation. The column lands at a moment when third-party litigation funding regulation is being driven in significant part by that same narrative.

As reported by Law.com, Levitt's piece traces the durability of the U.S. Chamber of Commerce's tort reform messaging across decades and argues that empirical studies on filing rates, recoveries, and class certification do not support the picture of runaway plaintiff abuse that the messaging projects. The column situates current TPLF disclosure proposals, class-action reform efforts, and aggressive state-level restrictions on funded litigation as downstream effects of a flawed factual premise rather than as responses to a documented surge in litigation.

For litigation funders, the column is significant precisely because the "drowning in lawsuits" narrative has been the connective tissue between traditional tort reform priorities and the newer push to constrain TPLF through disclosure mandates, foreign-funder bans, and registration regimes. Levitt's piece supplies plaintiffs' counsel and funders with a rebuttal frame to deploy in legislative debates and judicial proceedings — even as defense-side groups continue to lean on Chamber-aligned data in support of further restrictions.