Commercial

News and analysis dedicated to the commercial litigation funding sector including regulatory issues, case developments, funding activities, and more.

Commercial

2832 Articles

Latest Burford Quarterly Explores Key Trends Driving Innovation in Commercial Disputes in 2025

By John Freund |

Burford Capital, the leading global finance and asset management firm focused on law, today releases its latest Burford Quarterly, a journal of legal finance that explores top trends at the nexus of law and finance.

This Burford Quarterly examines the innovative ways in which businesses and law firms are reimagining their financial strategies around commercial disputes. Examples of this include law firms using creative billing structures as alternatives to hourly fees; companies choosing to opt out of litigation to maximize and accelerate recoveries; or businesses monetizing IP assets, allowing for continued investment in other vital areas of the business.

Articles in the Burford Quarterly No.1 2025 include:

  • The innovation engine: Legal finance for forward-thinking law firms

As law firms launch into 2025, a year that promises continued disruption and opportunity, innovation is not a choice—it’s an imperative. Forward-thinking firms are reimagining their financial strategies, moving beyond traditional models to embrace legal finance as a critical tool for transformation. In this article, Travis Lenkner and Emily Slater explore innovative ways legal finance is helping firms solve pressing challenges and accelerate growth. 

  • Healthcare antitrust opt-outs: Improving liquidity by monetizing valuable legal claims

An increasing number of healthcare businesses are recognizing the value that legal finance provides in helping to mitigate the financial strain of high-cost litigation and expedite recoveries in high-stakes litigation. Ahead of a March 2025 opt-out deadline for claimants in the Blue Cross Blue Shield (BCBS) antitrust class actions, Charles Griffin summarizes insights from a recent webcast in which experts from Burford and Paul Hastings presented factors hospital networks and providers should consider in weighing their options.

  • Legal finance and life sciences: Unlocking IP potential in pharma, biotech and medical devices

Innovation in Europe’s life sciences and pharmaceutical sectors is vital, but long R&D cycles and short profit windows pose challenges. Joshua Harris explains how legal finance helps companies protect and monetize IP assets, enabling continued investment in life-saving technologies.

  • International arbitration in London: Next-Gen leaders’ perspective

Geoff Nicholas, Christiane Deniger and James MacKinnon lead a Burford roundtable with London-based arbitration lawyers. Partners from A&O Shearman, Debevoise & Plimpton, Bryan Cave Leighton Paisner and Freshfields share their insights on key trends and challenges shaping international arbitration, including the use of technology and AI and arbitral efficiency.

Aviva Will, President of Burford Capital, says: “While the legal industry may be slow to evolve, legal finance is a powerful tool to drive innovation in the business of law. This issue of the Burford Quarterly highlights key trends in commercial litigation and arbitration in 2025 and shows how litigation funding continues to shape the legal industry. By providing capital and mitigating risk, funding removes barriers for businesses and facilitates growth, and the latest Quarterly brings insights, analysis and real-world examples of tools to help business executives, GCs, CLOs and law firm attorneys recognize and harness the full potential of finance for law.”

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai and Hong Kong.

For more information, please visit www.burfordcapital.com.

This announcement does not constitute an offer to sell or the solicitation of an offer to buy any ordinary shares or other securities of Burford.

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Community Spotlight: Noah Wortman, Founder and CEO, NRW Consulting

By John Freund |

As Founder and CEO of NRW Consulting, Noah brings his extensive experience in assessing and analyzing corporate misconduct in the financial markets, as well as his commitment to finding global litigation and shareholder engagement solutions to investors across the world. He has extensive experience advocating for global investors, promoting corporate governance and investor stewardship, and implementing strategies to achieve collective redress.

Noah splits his time between Philadelphia and London with a global remit where he strives to provide access to justice for global institutional investors (including financial institutions, superannuation schemes, asset managers and owners, and sovereign wealth and pension funds) and others via engagement and litigation strategies including global shareholder litigation (class/group, opt-out/direct, and opt-in), antitrust/competition/cartel litigation, complex financial litigation, global privacy/data breach litigation, and global patent litigation.

Most recently, Noah was Director of Global Collective Redress at Pogust Goodhead and immediately prior was Senior Manager, Collective Redress at Omni Bridgeway where he worked with global institutional investors to implement litigation funding strategies to aid in exercising their shareholder rights in seeking legal redress from publicly listed companies where an alleged wrongdoing had occurred.

Noah is a frequent speaker around the globe on the topic of shareholder legal redress, recovery, rights and responsibilities. He has also been a member of several leading global institutional investor organizations and currently serves on the Advisory Board of Perfect Law’s Global Class Action and Mass Torts Conference. He has also served on the International Corporate Governance Network’s (ICGN) Global Stewardship Committee and its former Shareholder Responsibilities Committee, the Sovereign Wealth Fund Institute’s Event Advisory Board, and the Council of Institutional Investors’ Markets Advisory Council.

Company Name and Description:  NRW Consulting supports, recommends, and creates pathways to recovery for global investors and consumers harmed by corporate misconduct, including securities fraud, market manipulation, and violations of global regulatory requirements.  

Company Websitehttps://www.nrwconsultingllc.com 

Year Founded:  2018

Headquarters:  Consulting globally. Operating out of Philadelphia and London.

Area of Focus: When value erosion has been caused by corporate misconduct or fraud within an investee company, there are established and effective remedies for restitution. One of the most successful recourses is collective redress through group or class actions. Institutional investors have successfully used this option around the world to recover significant sums on behalf of beneficiaries.

With diverse global investor portfolios, institutional investors may need to consider class actions in multiple countries. Therefore, pursuing claims through class actions, direct actions, shareholder derivative actions, and/or funded group actions offers the opportunity to, on a de-risked basis: hold wrongdoers to account, influence corporate conduct and governance, or potentially institute corporate governance reform.

Noah also sits on the Advisory Board of Perfect Law. Perfect Law presents the annual Global Class Actions and Mass Torts Conference that takes place in London (https://www.perfectlaw.co.uk). The conference brings together a vertiable who’s who of the global collective redress community including judges, academics, practitioners, funders, industry providers and experts from all over the world to discuss, debate and learn from each other regarding the cases and issues of the day with the common goal of furthering access to justice.

Member Quote: “Litigation funding is a cornerstone of access to justice, allowing investors, consumers, individuals, organizations, and communities to seek legal recourse and exercise their right to pursue legitimate claims regardless of their financial circumstances. By enabling cases to proceed on their merits, it upholds fairness and accountability within the legal system, offering a powerful means to hold corporate wrongdoers to account.” 

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Community Spotlight: Uliana Pak, Vice President of Growth, Torticity

By John Freund |

Uliana is a seasoned professional known for bridging technology, data-driven insights, and strategic partnership development to streamline business operations and transform customer experiences. Across a dynamic career spanning institutional finance, digital advertising (IoT) and litigation technology, Uliana has consistently leveraged advanced analytics, artificial intelligence, and user-centered design approaches to elevate organizational performance that focus on driving the long-term value proposition for the firms.

Company Name and Description:  Torticity, LLC – Torticity is a comprehensive end-to-end suite of legal solutions tailored to the needs of law firms and legal industry participants. As a case workup platform, we specialize in handling large mass tort and personal injury case dockets at scale. Our unique value proposition as an outsourcing service provider is our robust suite of tech product offerings specifically designed around streamlining and expediting case processing for newly acquired cases, and evaluating progress on mid-stream case dockets.

Company Website: www.torticity.com

Year Founded:  2020

Headquarters:  Boca Raton, FL

Area of Focus:  As a VP of Growth at Torticity, she leads innovation initiatives aimed at business optimization through robust data aggregation, AI-powered analytics solutions, and enhanced client experience frameworks. Central to these efforts has been Uliana’s focus on driving transparency and standardization to the legal industry leaning on extensive assessment of case dockets to enable law firms, litigation funds and legal industry participants with better decision-making.

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Rockpoint Legal Funding Highlights TrialBase’s Deposition Services as a Game-Changer for Legal Professionals

By John Freund |

Rockpoint Legal Funding is excited to introduce their integration with TrialBase (TrialBase.com), a leader in certified deposition services and legal reporting solutions, as a valuable resource for legal professionals. Attorneys can now instantly apply for litigation funding from Rockpoint directly within Trialbase in order to cover deposition costs on their cases.

TrialBase’s cutting-edge deposition management services are uniquely positioned to enhance the efficiency of legal teams, while Rockpoint Legal Funding continues to provide trusted non-recourse funding solutions that empower attorneys to focus on winning cases.

Why TrialBase is an Ideal Resource for Legal Professionals:

Legal professionals often face complex challenges, from managing intricate discovery processes to ensuring financial stability for their clients. Together, TrialBase and Rockpoint Legal Funding can address these issues through:

1.    Streamlined Deposition Services:

TrialBase offers certified deposition management solutions through an integrated platform, helping legal teams save time and enhance case preparation.

2.    Financial Stability for Clients:

Attorneys can use Rockpoint’s litigation funding to cover deposition costs and to reduce financial stress – allowing attorneys to focus on their case strategies without unnecessary delays.

3.    Secure Digital Workflow:

Both companies leverage secure, user-friendly platforms, enabling seamless, efficient support for legal professionals.

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Community Spotlight: Paolo Grandi, Partner, RPLT RP Legalitax

By John Freund |

Paolo Grandi is an accomplished legal expert specializing in commercial and corporate law. He advises on corporate investments, business unit transactions, capital operations, and joint ventures, taking a multidisciplinary approach to contract drafting and negotiations across sectors like energy, hi-tech, manufacturing, fashion, and real estate.

Paolo also handles litigation and arbitration in these fields, offering tailored solutions for civil, corporate, and commercial disputes. With expertise spanning environmental law, intellectual property, and technology-related crimes, he represents clients in judicial, arbitration, and mediation processes domestically and internationally. His team excels in litigation funding, risk assessment, and dispute resolution strategies.

He joined RPLT RP legalitax in 1997 and became a Partner in 2007. Beyond his legal practice, he has made notable contributions to the field, authoring publications on civil procedure, IT consultancy contracts, and hardware and software maintenance agreements. He is also a member of the Commission on Commercial Law and Practice at the International Chamber of Commerce (ICC).

Company Name and Description: RPLT. Where RP is RP Legal & Tax Professional Association, a firm founded in 1949 and present in Italy with six offices. And LT is Legalitax Studio Legale e Tributario, founded in 2013 and active in Rome and Milan. RPLT RP legalitax is the result of the merger that took place in 2023.

RPLT is a full-service reality in the legal and tax sector – and have assisted and advised dozens of companies, corporations, groups, investment funds, financial intermediaries, entities and administrations, in Italy and abroad. The partnership gives voice to the intention to combine our strategic skills and expertise to offer even more competitive, specialized and valuable professional assistance, while maintaining – in RPLT positioning idea – that matrix of independence that unites the company.

RPLT has 200 professionals including lawyers and accountants; more than 25 practice areas; 5 international desks covering Europe, Asia and Africa. RPLT adhere to the most influential international networks.

Company Website: https://www.rplt.it/en/

Year Founded: 1949

Headquarters: Turin

Other offices: Milan, Rome, Bologna, Aosta, Busto Arsizio

Area of Focus: Litigation, Commercial and Corporate Law

Member Quote: “Skill may spark success, but collaboration turns success into greatness. True victories are built on teamwork and shared vision.”

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Community Spotlight:  Nicole Clark,  Co-Founder and CEO, Trellis

By John Freund |

Nicole Clark is a business litigation and labor and employment attorney who has handled litigation in both state and federal courts. She’s worked at a variety of law firms ranging from mid-size litigation boutiques to large firms, and is licensed to practice law in three states. She has defended corporations and employers in complex class action and wage and hour disputes, as well as individual employment matters ranging from sexual harassment to wrongful termination.

Additionally, Nicole is the CEO, and along with Alon Shwartz, are the founders of Trellis, an award-winning solution that uses AI and machine learning to provide legal teams with strategic legal intelligence and analytics. Nicole has an intuitive understanding of technology and is deeply committed to helping legal teams leverage technology to gain a competitive advantage and achieve a more favorable outcome for their clients.    

Company Name and Description: Trellis is an AI-driven state trial court legal research, insights and productivity platform. The company makes the fragmented U.S. state trial court system searchable through a single interface, offering comprehensive insights into judges, cases, and opposing counsel.

Trellis offers an extensive suite of tools, including its newly released Trellis AI to automate litigation tasks, detailed judge bios and analytics, insights into law firms, company litigation history, daily filings reports, customizable alerts, court comparison analytics, and more.  With Trellis, litigation finance professionals will never miss out on a massive opportunity again by effortlessly tracking lawsuits across states and staying updated with ongoing litigation documents.

To learn how Trellis can help your team succeed, visit www.trellis.law or request a demo today.    

Company Website: www.trellis.law    

Year Founded: 2018    

Headquarters:  Los Angeles, CA    

Member Quote: “Trellis allows Litigation Funders to conduct due diligence, identify opportunities and set alerting across the United States state trial court system – the largest court system in the world.”

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Exton Advisors Appoints Senior Finance Professional Timothy Mayer

By John Freund |

Leading global advisors in disputes finance, Exton Advisors, today announces the appointment of experienced funder and lawyer Timothy Mayer to its team, marking the start of an exciting year for the firm.

Called to the Bar in 1997, Timothy has over sixteen years’ experience in the disputes funding market, having spent time at some of the leading global dispute’s funders. He has managed multi-million investments across a broad range of disputes, with particular focus on international arbitration, and has been consistently recognised in the directories, including as a Global Leader in Legal Finance in the Law Dragon Global 100 guide (2020 – 2023) and Chambers and Partners Litigation Support Guide for Litigation Funding (2020 -2024).

Commenting on the appointment, Managing Director John Astill said, “We are delighted to welcome Timothy, and to grow our team in 2025. Timothy brings with him a unique combination of practical legal experience and disputes finance expertise that will be invaluable to our clients and will further strengthen the seamless and efficient approach to disputes finance that Exton Advisors offers.”

Timothy commented, “I am thrilled to join Exton Advisors at an exciting time for the business, and I look forward to the opportunity to be part of a truly unique service spanning the legal and funding spheres. No other disputes funding advisory exists quite like Exton Advisors, and I am keen to continue developing their distinctive approach to disputes financing.”

Exton Advisors deliver expertise in every aspect of the unique and complex disputes financing asset class. They advise corporate legal teams, their private practitioners and their funding partners in order to make the most of litigation assets.

About Exton Advisors

Exton Advisors deliver expertise in every aspect of the unique and complex litigation financing asset class. They advise corporate legal teams, their private practitioners and their funding partners in order to make the most of litigation assets.

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Qanlex Refines its Latin America Strategy

By John Freund |

Qanlex is one of the few litigation funders focused on providing third-party financing in Latin America, with a dedicated presence in the region. The funder leverages a sector-specific strategy for targeting lucrative case types.

Speaking with América Economía, Qanlex’s general counsel for Latin America, Juliana Giorgi, emphasised that in order to gain a foothold in the competitive litigation funding market, the firm has leveraged “the development of technology.” Giorgi goes on to explain that its in-house software “searches for cases in judicial databases that might interest us due to the value of the claim or the nature of the process”, allowing Qanlex to find suitable claims to finance in the different countries it operates in.

Beyond the use of technology to refine its strategies, Qanlex has also chosen to focus on specific sectors that generate valuable disputes in Latin America. Whilst the construction sector has been a particular area of interest, Qanlex has also found opportunities for niche areas within different jurisdictions. As Giorgi explains: “In Ecuador we have several energy cases that include thermoelectric plants; in Costa Rica, cases of tourist real estate development; in Colombia, oil and energy cases.”

Regardless of the sector, Gorgi acknowledges that Qanlex is “open to analyzing and financing any range of cases as long as they include a liquid asset transfer at the end of which the fund can take the remuneration.”

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Australian Google Ad Tech Class Action Commenced on Behalf of Publishers

By John Freund |

A class action was filed on 16 December 2024 on behalf of QNews Pty Ltd and Sydney Times Media Pty Ltd against Google LLC, Google Pte Ltd and Google Australia Pty Ltd (Google). 

The class action has been commenced to recover compensation for Australian-domiciled website and app publishers who have suffered financial losses as a result of Google’s misuse of market power in the advertising technology sector. The alleged loss is that publishers would have had significantly higher revenues from selling advertising space, and would have kept greater profits, if not for Google’s misuse of market power. 

The class action is being prosecuted by Piper Alderman with funding from Woodsford, which means affected publishers will not pay costs to participate in this class action, nor will they have any financial risk in relation to Google’s costs. 

Anyone, or any business, who has owned a website or app and sold advertising space using Google’s ad tech tools can join the action as a group member by registering their details at www.googleadtechaction.com.au. Participation in the action as a group member will be confidential so Google will not become aware of the identity of group members. 

The class action is on behalf of all publishers who had websites or apps and sold advertising space using Google’s platforms targeted at Australian consumers, including: 

  1. Google Ad Manager (GAM);
  2. Doubleclick for Publishers (DFP);
  3. Google Ad Exchange (AdX); and
  4. Google AdSense or AdMob. 

for the period 16 December 2018 to 16 December 2024. 

Google’s conduct 

Google’s conduct in the ad tech market is under scrutiny in various jurisdictions around the world. In June 2021, the French competition authority concluded that Google had abused its dominant position in the ad tech market. Google did not contest the decision, accepted a fine of €220m and agreed to change its conduct. The UK Competition and Markets Authority, the European Commission, the US Department of Justice and the Canadian Competition Bureau have also commenced investigations into, or legal proceedings regarding, Google’s conduct in ad tech. There are also class actions being prosecuted against Google for its practices in the ad tech market in the UK, EU and Canada. 

In Australia, Google’s substantial market power and conduct has been the subject of regulatory investigation and scrutiny by the Australian Competition and Consumer Commission (ACCC) which released its report in August 2021. The ACCC found that “Google is the largest supplier of ad tech services across the entire ad tech supply chain: no other provider has the scale or reach across the ad tech supply chain that Google does.” It concluded that “Google’s vertical integration and dominance across the ad tech supply chain, and in related services, have allowed it to engage in leveraging and self-preferencing conduct, which has likely interfered with the competitive process”. 

Quotes 

Greg Whyte, a partner at Piper Alderman, said: 

This class action is of major importance to publishers, who have suffered as a result of Google’s practices in the ad tech monopoly that it has secured. As is the case in several other 2. jurisdictions around the world, Google will be required to respond to and defend its monopolistic practices which significantly affect competition in the Australian publishing market”. 

Charlie Morris, Chief Investment Officer at Woodsford said: “This class action follows numerous other class actions against Google in other jurisdictions regarding its infringement of competition laws in relation to AdTech. This action aims to hold Google to account for its misuse of market power and compensate website and app publishers for the consequences of Google’s misconduct. Working closely with economists, we have determined that Australian website and app publishers have been earning significantly less revenue and profits from advertising than they should have. We aim to right this wrong.” 

Class Action representation 

The team prosecuting the ad tech class action comprises: 

  • Law firm: Piper Alderman
  • Funder: Woodsford
  • Counsel team: Nicholas de Young KC, Simon Snow and Nicholas Walter
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Report Highlights ‘Substantial Benefits’ of Litigation Funding for Consumer Justice

By Tom Webster |

The following was contributed by Tom Webster, Chief Commercial Officer for Sentry Funding.

Litigation funding provides ‘substantial benefits’ to claimant organisations, and robust funding mechanisms are ‘essential’ to secure justice for consumers, an authoritative report found last month.

The report, Justice Unchained, by European consumer organisation BEUC, also found many of the common criticisms of litigation funding were not backed up by evidence.

The study found that consumer organisations across Europe face significant financial challenges to starting collective redress actions. It noted that initiating a collective action is ‘complex, risky, and expensive’, often involving lengthy proceedings that need significant resources.

The report said: ‘Without sufficient funding, important cases will remain unaddressed and risk making the Representative Actions Directive (RAD)2 an empty shell’.

BEUC said that as public funding, membership fees and donations were often insufficient or unavailable, litigation funding had emerged ‘as a solution to bridge a funding gap’. Benefits for the claimant included access to necessary resources, risk transfer, and ‘a more equal playing field between consumer organisations and powerful defendants’, it said.

The report added that frequent criticisms of litigation funding, such as ‘the risk of frivolous litigation, undue influence by funders, or targeting competitors’ were ‘not well-substantiated’, and ‘insufficiently evidenced by specific cases’.

According to the report, the potential risks of litigation funding in the context of collective redress are already addressed by the Representative Actions Directive, which requires member states to establish a framework that includes procedures to prevent conflicts of interest and undue influence, with judicial oversight to ensure compliance.

The report found that additional regulation of litigation funding at EU level should therefore only be considered if it is necessary. It said: ‘Two-thirds of EU Member States have opted not to regulate [litigation funding] beyond the RAD’s requirements, finding these safeguards sufficient to govern [litigation funding] effectively for collective redress actions. Besides, [litigation funding] can be managed through judicial oversight, as is the case in several Member States with a longer history of using [it]’.

The BEUC report suggested that a set of ‘best practices’, jointly established and agreed by funders, claimant organisations and others, may provide for ‘a balanced solution, ensuring [litigation funding] remains viable while promoting fairness and transparency.’

It said such best practice could encompass transparency over the funder’s sources of capital; full decision-making autonomy for the consumer organisation and its legal counsel; clear agreements on all expenses covered by the funder; clearly defined funder’s remuneration; assurance of the funder’s financial adequacy to meet obligations; strict compliance with transparency requirements set by the law; effective detection and disclosure of any conflicts of interest; well-defined conditions for termination of the funding; and a robust dispute resolution mechanism.

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