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Bank Lending Vs. Alternative Litigation Finance: A Mass Tort Attorney’s Strategic Opportunity

By Jeff Manley |

Bank Lending Vs. Alternative Litigation Finance: A Mass Tort Attorney’s Strategic Opportunity

The following post was contributed by Jeff Manley, Chief Operating Officer of Armadillo Litigation Funding

Mass tort litigation is a high-stakes world, one where the pursuit of justice is inextricably linked with financial resources and risk management. In this complex ecosystem, two financial pillars stand out: bank lending and alternative litigation finance. For attorneys and their financial partners in mass torts, choosing the right financial strategy can mean the difference between success and stagnation.

The Evolving Financial Landscape for Mass Tort Attorneys

Gone are the days when a powerful legal argument alone could secure the means to wage a war against industrial giants. Today, financial acumen is as critical to a law firm’s success as legal prowess. For mass tort attorneys, funding large-scale litigations is akin to orchestrating a multifaceted campaign with the potential for astronomical payouts, but also the very real costs that come with such undertakings.

Under the lens of the courtroom, the financing of mass tort cases presents a unique set of challenges. These cases often require substantial upfront capital and can extend over years, if not decades. In such an environment, agility, sustainability, and risk management emerge as strategic imperatives.

Navigating these waters demands a deep understanding of two pivotal financing models: traditional bank lending and the more contemporary paradigm of third-party litigation finance.

The Need for Specialized Financial Solutions in Mass Tort Litigation

The financial demands of mass tort litigation are unique. They necessitate solutions that are as flexible as they are formidable, capable of weathering the uncertainty of litigation outcomes. Portfolio risk management, a concept well-established in the investment world, has found its parallel in the legal arena, where it plays a pivotal role in driving growth and longevity for law firms.

The overarching goal for mass tort practices is to structure their financial arrangements in such a way that enables not just the funding of current cases but the foresight to invest in future opportunities. In this context, the question of bank lending versus alternative asset class litigation finance is more than transactional—it’s transformational.

Understanding Bank Lending

Banks have long been the bedrock of corporate financing, offering stability and a familiar process. While bank lending presents several advantages, such as the potential for lower interest rates in favorable economic environments, it also comes with significant caveats. The traditional model often involves stringent loan structures, personal guarantees, and an inflexibility that can constrain the scalability of funding when litigation timelines shift or case resolutions become protracted.

For attorneys seeking immediate capital, interest-only lines of credit can be appealing, providing a temporary reprieve on principal payments. However, the long-term financial impact and personal liability underpinning these loans cannot be overlooked.

Exploring Third-Party Litigation Finance

On the flip side, third-party litigation finance has emerged as a beacon of adaptability within the legal financing landscape. By eschewing traditional collateral requirements and personal guarantees, this model reduces the personal financial risk for attorneys. More significantly, it does so while tailoring financing terms to individual cases and firm needs, thus improving the alignment between funding structures and litigation timelines.

Litigation financiers also bring a wealth of experience and industry-specific knowledge to the table. They are partners in the truest sense, offering strategic foresight, risk management tools, and a shared goal in the litigation’s success.

Interest Rates and Financial Terms

The choice between bank lending and third-party litigation finance often hinges on the amount of attainable capital, interest rates, and the terms, conditions, and covenants of the loans. These differences can significantly influence the overall cost of financing and the strategic financial planning for mass tort litigation.

Bank Lending: Traditional bank loans typically offer lower initial interest rates, which can be attractive for short-term financing needs. However, these rates are almost always variable and linked to broader economic indicators, such as the prime rate. Banks are very conservative in every aspect of underwriting and the commitments they offer.

Third-Party Litigation Finance: In contrast, third-party litigation lenders often require a multiple payback, such as 2x or 3x the original amount borrowed. Some third-party lenders also offer floating rate loans tied to SOFR, but the interest costs are meaningfully higher than those of banks. The trade-off is greater access to capital. Third-party lenders, deeply entrenched in industry nuances, are generally willing to lend substantially larger amounts of capital. For attorneys managing long-duration cases, this variability introduces a layer of financial uncertainty. If a loan has a floating rate and the duration of the underlying torts is materially extended, the actual borrowing cost can skyrocket, negatively impacting the overall returns of a final settlement. This is an incredibly important factor to understand both at the outset of a transaction and during the initial stages of capital deployment.

Similarly, the maturity, terms, and conditions can differ drastically between bank-sourced loans and those from third-party lenders, with no standard list of boilerplate terms for comparison—making a knowledgeable financial partner key to facilitating the best fit for the law firm. Two standard features of a bank credit facility are that the entire portfolio of all law firm assets is usually required to secure the loan, regardless of size, and an unbreakable personal guarantee further secures the entire credit facility. Both of these points are potentially negotiable with a third-party lender. Bank loans are almost always one-year facilities with the bank having an explicit right to reassess their interest in maintaining a credit facility with the law firm every 12 months. In contrast, third-party lenders typically enter into a credit facility with a commitment for 4-5 years, with terms becoming bespoke beyond these basics.

Loan Structures Under Scrutiny

The rigidity of bank loan structures, particularly notice provisions and speed of access, contrasts with the fluidity of third-party financiers’ offerings. The ability to negotiate terms based on case outcomes, as afforded by the alternative financing model, represents a paradigm shift in financial planning that has redefined the playbook for mass tort investors.

Risk at Its Core

The linchpin of this comparison is risk management. Banks often require a traditional, property-based collateral, which serves as a blunt instrument for risk reduction in the context of litigation. Third-party financiers, conversely, indulge in sophisticated evaluations and often adopt models of shared risk, where their fortunes are inversely tied to those of the litigants.

Support Beyond Capital

A crucial divergence between bank loans and alternative finance is the depth of support provided. The former confines its assistance to financial matters, while the latter, through its specialized knowledge, contributes significantly to strategic case management, risk assessment, and valuation, essentially elevating itself to the level of a silent partner in the legal endeavor. Furthermore, litigation funders (unlike banks), are often prepared to extend multiple installments of capital, reflecting a level of risk tolerance and industry insight that banks typically do not offer.

Case Studies and Success Stories

The case for alternative litigation finance is perhaps best illustrated through the experiences of attorneys who have successfully navigated the inextricable link between finance and litigation. The Litigation Finance Survey Report highlights the resounding recommendation from attorneys who have used third-party financing, with nearly all expressing a willingness to repeat the process and recommend it to peers.

This empirical evidence underscores the viability and efficacy of alternative financing models, showcasing how they can bolster the financial position of a firm and, consequently, its ability to take on new cases and grow its portfolio.

The Role of Litigation Finance Partners

When considering third-party litigation finance, the choice of partner is just as important as the decision to explore this path. Seasoned financiers offer more than just capital; they become an extension of the firm’s strategic muscle, sharing in risks and rewards to galvanize a litigation (and practice) forward.

Cultivating these partnerships is an investment in expertise and a recognition of the unique challenges presented by mass tort litigation. It is an integral part of modernizing the approach to case management, one that ultimately leads to a sustainable and robust financial framework.

For mass tort attorneys, the strategic use of finance can unlock the latent potential in their caseloads, transforming high-risk ventures into opportunities for growth and success. By carefully weighing the merits of traditional bank lending against the agility of third-party litigation financing, attorneys can carve out a strategic path that not only secures the necessary capital but also empowers them to manage risks and drive profitability.

One truth remains immutable: those who recognize the need for financial innovation and risk management will be the torchbearers for the future of mass tort litigators, where the scales of justice are balanced by a firm and strategic hand anchored in the principles of modern finance.

About the author

Jeff Manley

Jeff Manley

Commercial

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Katch Liquidates Consumer Claims Fund Amid Mounting Delays and Pressure

By John Freund |

Katch Fund Solutions, one of the most prominent players in consumer litigation funding, has placed its consumer claims fund into liquidation.

According to Legal Futures, the move comes in response to mounting liquidity pressures caused by prolonged delays in resolving motor-finance claims and increased uncertainty surrounding major group litigation efforts. The Luxembourg-based fund confirmed it is winding down the portfolio and returning capital to investors on a pro-rata basis.

Katch had been a key backer of large-scale consumer legal claims in the UK, supporting firms such as SSB Law and McDermott Smith Law. Both firms ultimately collapsed, with SSB Law owing £63 million including £16 million in interest, and McDermott Smith Law owing £7 million. Katch’s portfolio also included a substantial stake in the ongoing “Plevin” litigation, a group of cases alleging unfair undisclosed commissions tied to the sale of payment protection insurance. That litigation, initially estimated at £18 billion in value, suffered a blow earlier this year when the High Court declined to grant a group litigation order, further delaying resolution timelines.

The firm’s consumer claims fund held over £400 million in assets as of mid-2025, but was hit hard by increasing investor redemption requests. Katch’s team cited concerns that payouts from major motor-finance cases could be delayed until 2026 or later due to regulatory and judicial developments. With limited short-term liquidity options, the fund concluded that an orderly wind-down was the only viable path forward.

Omni Bridgeway Backs New Zealand Class Action Against Transpower, Omexom

By John Freund |

Omni Bridgeway is backing a newly launched class action in New Zealand targeting Transpower New Zealand Limited and its contractor Omexom, following a major regional blackout that occurred in June 2024.

According to Omni's website, the outage, which affected approximately 180,000 residents and 20,000 businesses across Northland, was triggered by the collapse of a transmission tower near Glorit during maintenance activity conducted by Omexom.

Filed in the High Court in Wellington by law firms LeeSalmonLong and Piper Alderman, the case alleges negligence on the part of both defendants. The plaintiffs claim that Transpower failed to adequately oversee the maintenance, and that Omexom mishandled the work that led to the tower’s collapse.

The class action is proceeding on an opt-out basis, meaning all impacted Northland businesses are automatically included unless they choose otherwise. Under Omni Bridgeway’s funding model, there are no upfront costs to class members, and fees are contingent on a successful outcome.

The economic impact of the outage has been pegged between NZ$60 million and NZ$80 million, according to various estimates, with businesses reporting power losses lasting up to three days and in some cases longer. In the aftermath of the blackout, Transpower and Omexom jointly contributed NZ$1 million to a resilience fund for affected communities, a figure the plaintiffs argue is woefully inadequate compared to the losses incurred.

Loopa Finance Joins ILFA, Strengthening Global Legal Finance Reach

By John Freund |

The International Legal Finance Association (ILFA) has added Loopa Finance to its membership, marking another step in the trade association’s strategic expansion across Latin America and continental Europe. The announcement highlights ILFA’s continued efforts to support the growth of responsible legal finance and its positioning as the leading global voice for commercial litigation funders.

According to a press release issued by ILFA, the addition of Loopa Finance — formerly known as Qanlex — is seen as a major milestone in expanding the organization’s presence in key regional markets. Founded in 2020, Loopa operates across Latin America and Europe and specializes in litigation and arbitration funding, with a focus on innovative, risk-sharing funding models that utilize analytics and technology. The company’s inclusion brings further regional expertise to ILFA’s growing international network.

ILFA’s Director of Growth and Membership Engagement, Rupert Cunningham, emphasized the importance of Latin America’s rapidly evolving legal finance landscape, noting that Loopa’s entry will help enhance advocacy efforts with national governments and the European Union. Juliana Giorgi, General Counsel for Latin America at Loopa, echoed the sentiment, stating that joining ILFA reflects the company’s commitment to professionalism, transparency, and the development of a responsible funding ecosystem.

This move comes at a time when legal finance continues to professionalize globally, with trade associations like ILFA playing a crucial role in shaping regulatory conversations and establishing best practices. The addition of a cross-border funder like Loopa underscores the increasing global alignment within the commercial legal finance sector and raises questions about how funders will navigate differing regulatory environments while pursuing expansion.