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Commercial Regulatory Issues

Best Practices and Lessons Learned in Firm-Funder Partnerships

September 29, 2022

Best Practices and Lessons Learned in Firm-Funder Partnerships

This Day 2 panel featured Alex Chucri, CEO and Founder of Pravati Capital, Vincent Montalto, Partner at DLA Piper, and Ronald Schutz, Partner at Robins Kaplan. The panel was moderated by Kathryn Boyd, Partner at Hecht Partners. Discussion topics ranged from operationalizing firm decisions involving funding, to the best ways to structure a funding partnership or alliance. Not everyone knows about the various structures of relationships between law firms and funders, so the panel addressed the various models in play, including those that involve some form of recourse funding. Pravati has a debt structure in play, which founder Alex Chucri thinks makes the most sense for his firm’s structure. He believes in recourse to the firm, to the management team, and personal guarantees. This makes investors more comfortable, knowing that Pravati has skin in the game. Panelists also discussed having to monitor the capital structures, and being cautious about capital allocation. A lot of funders raise $100MM and need to put that capital to work, and so they finance claims the wouldn’t otherwise take on. This is concerning. “When you put capital into a deal, it changes the whole landscape of a deal,” according to Vincent Montalto. His firm has implemented internal structures to monitor capital expenditure and management. The panel also delved into some of the risks of partnering with funders, including whether funders will withdraw their funding – how and why would they do this? Where is funder money coming from – there are all types of investment structures out there, law firms have to be aware of those, so they can better understand the risk to the funder, which presents a downstream risk to them. These are things that the average lawyer in a law firm doesn’t appreciate, but it’s very important to know if the funder  has the capital on hand, is it subject to capital calls, etc. One final point on the tax implications of recourse funding: recourse funding can be clawed back, and so its treated as a loan and so it’s not taxed. Recently there was a legal standing that if the funding structure is non-recourse, that is treated as income, which means it is taxes. Often, there are a lot of emotions about getting a deal done, so they overlook the tax implications, and there is a real danger there.
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Commercial Deals

Nera Capital Launches $50M Fund to Target Secondary Litigation Market

By John Freund |

Dublin-based litigation funder Nera Capital has unveiled a new $50 million fund aimed squarely at secondary market transactions, signaling the firm’s strategic expansion beyond primary litigation funding. With more than $160 million already returned to investors over its 15-year track record, Nera’s latest move underscores its ambition to capitalize on the growing appetite for mature legal assets.

A press release from Nera Capital details how the fund will be used to acquire and sell existing funded positions, enabling Nera to work closely with other funders, claimants, and institutional investors across the U.S. and Europe. This formal entry into the secondary market marks a significant milestone in Nera’s evolution, with the firm positioning itself as both a buyer and seller of litigation claims—leveraging its underwriting expertise to identify opportunities for swift resolution and collaborative portfolio growth.

Director Aisling Byrne noted that the shift reflects not only the increasing sophistication of the litigation finance space, but also a desire to inject flexibility and value into the ecosystem. The secondary market, she said, complements Nera’s core business by allowing strategic co-investment and fostering greater efficiency among experienced funders. Importantly, the fund also opens the door for outside investors seeking litigation finance exposure without the complexities of case origination.

Backed by what the firm describes as “sophisticated investors,” the fund will support ongoing transactions and new deals throughout the UK and Europe over the next 12 months.

The move highlights an emerging trend in litigation finance: the maturation of the secondary market as a credible, liquid, and increasingly vital component of the funding landscape. As more funders diversify into this space, questions remain about valuation methodologies, transparency, and the long-term implications of a robust secondary trading environment.

Commercial Deals

Litigium Capital Partners with Morris Law for Nordic Litigation Funding Push

By John Freund |

In a move poised to reshape dispute financing in the Nordic region, Morris Law has entered into a collaboration agreement with Stockholm-based funder Litigium Capital. The deal will see Litigium Capital finance a portfolio of disputes handled by Morris Law under full or partial contingency fee arrangements. The strategic partnership marks a significant step toward broader adoption of success-based billing in the region, while also easing litigation cost pressures for clients.

A press release from Morris Law confirms that the agreement, effective immediately, enables Morris Law clients to share the financial risks of litigation with both their counsel and the funder. Under the terms, Litigium Capital receives a portion of Morris Law’s success fees upon favorable case outcomes.

Notably, the agreement includes strong safeguards. with no client information will be disclosed to Litigium without explicit consent, and control over litigation strategy remains solely with the client. Both parties also adhere to strict codes of conduct. Morris Law follows AGRD Partners’ guidelines, while Litigium Capital is governed by the European Litigation Funder’s Association (ELFA), which sets confidentiality and conflict management standards.

Morris Law CEO Martin Taranger, who leads the first AGRD firm to embrace this model, underscored the alignment of interests that fee-sharing creates. Litigium Capital’s CEO, Thony Lindström Härdin, called the partnership a milestone in the region’s shift from traditional billing to more flexible, client-friendly funding models.

This partnership raises compelling questions for legal funders eyeing the Nordic market. As client demand for alternative billing rises, will other regional firms adopt similar models? With Morris Law and Litigium Capital setting a precedent, the Nordics could emerge as a new frontier for portfolio litigation funding.

Commercial

Harris Pogust on What Not to Do with Half a Billion Dollars

By John Freund |

Veteran mass tort attorney Harris Pogust is offering a cautionary tale to the litigation finance community, reflecting on the collapse of his former firm, Pogust Goodhead, after an eye-popping $500 million investment from Gramercy Funds Management. Now serving as a senior adviser at Bryant Park Capital, Pogust is urging funders to rethink how capital is deployed—and monitored—when backing law firms.

An article in Bloomberg Law captures Pogust’s retrospective on the 2023 mega-funding round, which at the time marked one of the largest single infusions into a plaintiff-side law firm. Despite the capital, Pogust Goodhead faltered under internal investigations and allegations of lavish spending, ultimately surrendering asset claims to Gramercy tied to the full $617 million value of the funding arrangement. Pogust bluntly warned that, absent proper oversight, handing a large check to a law firm can quickly devolve into what he described as “buy a Maserati and have fun,” with firms burning through capital without accountability.

In his current role, Pogust is advocating for a more hands-on model where funders act more like partners than passive financiers. He supports collaborative budgeting, ongoing financial oversight, and stronger alignment on outcomes between funders and firms. He also pushed back against calls for heightened regulation or taxation of litigation funders, suggesting that current legislative efforts unfairly target the industry.

For litigation funders, Pogust’s experience offers a timely reminder of the risks that accompany rapid deployment of capital without guardrails. As the size and complexity of funding deals continue to grow, the industry may need to adopt stricter governance standards, enhance operational due diligence, and establish frameworks that ensure discipline in how law firms deploy capital. Pogust’s remarks serve as both a warning and a blueprint for what responsible litigation funding should look like going forward.