
Robin Ganguly used to be a litigation funder and insurer, and is now a Partner at elite London disputes law firm CANDEY. Robin has almost 20 years of litigation and arbitration experience. He conducts a broad range of commercial, financial and insolvency disputes and has extensive experience of high-value international cases. Robin acts for large corporates and individuals alike, and is praised by clients for his commercial approach.
Prior to joining CANDEY, Robin spent almost 10 years at Magic Circle firm Linklaters, including secondments at investment bank clients, and four years at Bryan Cave Leighton Paisner, where he led the contentious insolvency practice alongside his broader commercial litigation role. Robin then spent time at litigation funder Burford Capital and in the litigation insurance industry at Aon and Fidelis. Robin is therefore uniquely well placed to assist clients looking to obtain funding and insurance for their disputes, and to advise on disputes in relation to funding agreements and insurance policies.
Robin speaks French, Italian and Spanish. He is qualified as a Solicitor Advocate and can appear himself for clients before the Higher Courts of England and Wales.
Below is our LFJ Conversation with Robin Ganguly:
CANDEY is involved in a wide array of high-value disputes. Can you share some insights into the types of cases that are most challenging or rewarding to work on?We often work in collaboration with litigation funders to achieve access to justice for clients who have been defrauded and as a result of the fraud do not have funds to pursue expensive litigation. In those situations we use our deep experience of litigation funding and litigation insurance to put together the best structure for the risks in the case to be allocated among different stakeholders, which often means our firm taking on substantial fee risk.
One of our core practice areas is international trusts disputes. These cases are very challenging because they often involve arbitration and litigation in multiple jurisdictions, co-ordinating local firms, freezing injunctions and other emergency applications to attempt to secure assets for enforcement. These are all expensive processes which rely on a law firm (and sometimes litigation funders) to have faith and stand behind their clients for many years to avoid capitulation to the bad actors. When we achieve success in disputes such as these it makes all of the effort worth it.
With offices in multiple international locations, how does CANDEY navigate the complexities of cross-border disputes and international law?Our cases often involve multiple offices (various of London, New York, BVI, Vienna, and we’ve got plans to open in Asia), and our ability to serve clients internationally is a key reason why clients come to us. In New York our team provides a transatlantic bridge between the US law firms with whom we co-counsel, and the CANDEY teams in other locations, but having one firm that’s able to take ownership of as many jurisdictions as possible ensures things run smoothly. Due to the way we are structured we are able to explore international contingency fee arrangements for clients, in a way that very few other firms can do.
Given CANDEY's focus on lawyers' rights and access to justice, what initiatives are you most proud of, and how do they align with the firm's values?At CANDEY we believe that everyone should have the right to legal representation so that they can bring their arguments before a court of law. Many firms will refuse to act on certain cases where they fear “biting the hand that feeds them”, or cases where they do not like the potential impact of being associated with certain claimants or arguments, but we feel that if all firms took those views, clients would not be able to test and enforce their legal rights, with a corresponding chilling effect upon the English legal system more broadly.
CANDEY has been vocal in championing the rule of law and refusing, along with the Bar Council, to allow prejudice to prevent anyone from being represented before the Courts on the basis of their race, religion or nationality.
How has CANDEY adapted to the increasing prevalence of cryptocurrency disputes and financial crime, and what strategies do you employ to stay ahead in these evolving areas?We have a well-established fraud practice and involvement with organisations such as CFAAR in the UK, and we have been seeing increasing numbers of cryptocurrency disputes. These sometimes concern fraudulent investment schemes and in those cases the catch is often obtaining a “book” of victims that is large enough and organised enough to make a case economically viable for a law firm or funder to back. Building the book costs money so it can be chicken and egg. Due to the international nature of cryptocurrency, the cases frequently involve competing claims on frozen assets by different states or prosecutors and therefore have a political dimension which can be difficult to predict.
What are your thoughts on the current landscape of legal funding, and how do you see it impacting the types of disputes CANDEY handles?The litigation funding market in the UK is experiencing some challenges at the moment. As is the global litigation insurance market (other than ATE) following large losses on complex judgment preservation policies. That makes it increasingly important for law firms to be able to share fee risk, either alongside funders or where funding cannot be obtained. We get a large number of enquiries from clients looking to us to represent them in their cases, big and small, and we are able to use our experience of funding and insurance to be able to advise clients whether the case is likely to attract funding and/or insurance and to put them in the best position to secure it. When enquiries come in, my role can feel very similar to my previous role at Burford Capital: assessing the legal theory and case merits but also looking ahead to enforcement and whether the damages are likely to be large enough to make the case viable. In terms of case type, we always see plenty of shareholder disputes, contract disputes and trust disputes, and those types of claim have not seen the same souring of attitudes or aggregation issues among funders or insurers as, say competition cases.
Kevin Prior has been sourcing funding for regulated Law Firms since 2019 and has over 30 years’ experience in investment structuring, principally in the Real Estate development sector. He was responsible for securing the finance line for a high profile UK GLO project, as well as assisting law firms in representing individual claimants in over 15,000 settled cases.
Before moving into the litigation funding sector, Kevin created and piloted a regulated crowdfunding firm and a specialist distressed property fund. He has a background in economics, which coupled with his vast commercial experience allows him to make clear assessments of prospective borrowing law firms from the outset of Seven Stars’ due diligence processes.
Below is our LFJ Conversation with Kevin Prior, CCO of Seven Stars Legal:
What specific strategies does Seven Stars employ to ensure market-leading investor returns in the litigation finance sector?
Our view has always been that the key to successful litigation financing lies in the selection of cases or case types to fund, which is why we take the time to select cases that we believe offer the most secure route to a successful and profitable judgment, delivering results for the business and its investors.
Rather than funding class actions and other high-risk, high-return litigation, we work at the other end of the spectrum, specifically targeting precedent-based claims or claims brought under UK Government compensation schemes or Acts. This approach significantly reduces the risk involved and enables us to target ambitious returns and highlight the opportunity of our litigation finance solution as an alternative asset investment.
We insist on After The Event insurance cover on funded cases where cases may be settled in England or Wales or where a risk of adverse costs may exist. In addition, we only fund cases against liquid entities, such as banks or housing associations, or where claims go to organisations like the Financial Services Compensation Scheme, which exists in the UK to pay redress to clients when financial institutions or financial advisers fail.
Finally, at claim level, we establish minimum claims values for each specific case type, which as well as ensuring sufficient capital cover means that our investors can achieve a return, the law firm in question can run claims sustainably and, most importantly, that claimants get the compensation they deserve.
In addition, to help ensure liquidity and cash flow via coupon payments for investors, as well as for broader strategic reasons like risk mitigation, we follow what we call the 30/30 rule, meaning that we aim to have no more than 30% of our funds committed to a single law firm or case type, and as we continue to diversify our activities are fast working towards a balance closer to 9% - 11% as our maximum exposure in any one area.
Could you elaborate on the due diligence process Seven Stars undertakes when assessing legal claims, particularly concerning the solvency of defendants?Our due diligence process is multi-faceted, covering our borrowing law firms at both the initial stage of signing a funding agreement, again when the law firm requests a drawdown of funds, and, if we’re funding a case type for the first time, a comprehensive review of the legal position and opportunity around such claims.
To assess whether a specific case type is suitable for funding, we review various aspects including the level of funding required, the potential returns, and sought independent counsel opinion on the claim or case type before making a decision as to whether to fund. The nature of our process means that it’s feasible we would identify that a claim type can generate a specific level of returns but would require too much funding for it to be viable, although likewise, case types that require very little funding may generate relatively small returns, meaning we wouldn’t fund those unless there was a high enough volume of claims to make it worthwhile for all parties.
To come back to the firms, while our partner law firms conduct their own robust due diligence as a prerequisite for their own business requirements, we conduct our own independent verification process. This ensures a second layer of security and aligns with our own stringent criteria, which apply to both the initial funding proposal as well as the specific request for a tranche of funding.
Then, when the borrowing law firm comes to us, we review all the case files for which they are seeking funding, checking their files include all the relevant and correct documents, and a verification of the case and claimant details, the latter being where we’d identify and ensure that the defendant is solvent. For each claim type, we have a strict list of criteria that must be met for us to commit funding to a specific case, so it’s possible that an approved law firm could request a drawdown of funds but we’d only provide funding for the claims that meet our criteria.
The level of due diligence we need to go into differs depending on the case type. For example, if a pension mis-selling claim is going to the FSCS we know that it will pay out, so we can focus less on the solvency of the defendant and more on the technical aspects of the claim and the likelihood of it succeeding.
All of these processes are subject to two levels of due diligence. The first level is our operational management team, who should they approve a specific case type or law firm after collecting and reviewing a substantial tranche of data then pass this information along with a recommendation to our Advisory Panel, which includes a highly regarded King’s Counsel. The Advisory Panel then reviews this information independently to make a decision on whether to fund a specific case type and/or provide funding to a specific law firm.
To further enhance our Governance structure as well as strengthen the level of independent oversight within our due diligence processes, we’re currently at the advanced stages of appointing an external auditor to conduct pre-lending and firm auditing due diligence processes, which will also give us further capacity to scale our due diligence pipeline, attract further investment, and distribute monies to approved law firms.
Can you describe the structure of the debentures or assignment of interests in fee income used to protect capital, and how the Security Trustee oversees this process?Our Security Trustee sits external to the whole process, only getting involved on behalf of our investors if we were to default on our payments to them. So the Security Trustee would step in were we to default, and take action based on the debenture and floating charge they hold over all Seven Stars assets, which includes bank accounts, physical assets AND the debentures and fixed and floating charges we hold over our borrowing law firms.
As such we have two layers of structured security for our investors. There is what the Security Trustee holds over ourselves, but there is also what we hold over the law firms, which include fixed and floating charges over their assets, as well as the right to re-assign cases to another law firm in the event they default on their funding agreement with ourselves.
This is further supported by our ongoing risk mitigation and analysis that we conduct in relation to borrowing law firms, which includes our funding going into a segregated bank account within the law firm, conducting monthly management accounts and retaining bank account access, and conducting ongoing audits of the borrowing law firm’s claims book. We’re currently in the process of making our ongoing audits fully automated by introducing AI to conduct this process, while retaining a human, physical element and manually auditing up to 10% of the claims book we’re funding with each law firm per month, depending on borrowings, the claim type, and other factors.
Given the company's experience in funding over 56,000 litigation cases, what key lessons has Seven Stars learned about risk management and successful case selection in the litigation finance market?While we have comprehensive governance and risk mitigation strategies in place that inform all we do, our most significant learning – and one that we continue adapting to as we go – is the importance of having room to be agile and flexible in our approach to funding different case types and law firms, which is predominantly led by the 30/30 rule that I explained earlier.
I’ve outlined a little about our case selection process and due diligence earlier, but what I’d add to that is one thing we have picked up on is that there’s often an appetite from investors to commit funds even if a legal picture isn’t 100% clear. And to that end, it’s vital that we continue to monitor and are active in specific sectors even if there’s little to no movement in them. A good example would be business energy claims, where we had committed funding prior to an adverse decision handed down in early 2024, which was subsequently overturned by a later hearing. They key here is that we didn’t overexpose – we were nowhere near 30%, for example – and so were able to continue operating and supporting the borrowing law firm even while the legal picture was unclear.
We’ve seen similar recently in car finance claims – we know of one funder that committed around 80% of its lending book to such cases in 2024, but that cash is now tied up until probably March 2026 at the very earliest, when compensation payments look like they’ll commence. In contrast, we’ve been more cautious around this case type and are awaiting final legal and regulatory decisions before committing to an approach.
An excellent example of our approach to risk management succeeding can be seen in our acquisition of the non-legal assets of Sandstone Legal earlier this year. Sandstone Legal were a firm that we had previously provided funding for and had passed all our usual due diligence checks, but for various reasons continued to face financial difficulties. Our funding agreements ensured that we were able to acquire those cases through the firm’s insolvency and assign them to new law firms to run them to completion, many of which have already started generating returns for our investors. All of this was done with Solicitors Regulation Authority oversight, enabling us to act quickly and help cases to move forward quickly to the benefit of the claimants involved.
With the industry under sustained regulatory pressure, what should be the industry's response to those who want to regulate it out of existence?The regulatory picture in the UK is still evolving. In June, the Civil Justice Council published its Final Report into third-party litigation funding, which called for minimal regulation where funding is provided to a commercial party and “greater, but still light touch” regulation where funding is going to a consumer or where funding is for a collective action.
Most notably, the CJC called for the reversal of the PACCAR ruling to happen as soon as possible, while the Court of Appeal also subsequently handed down a ruling that supports the litigation funding sector.
With all that being said, against this background there’s a significant opportunity for funders in different areas of the market to speak up, highlight what they do, and educate across the legal services sector as well as those who do seek to introduce stringent regulation.
One thing we’re passionate about and try to address in our content is that a lot of commentary around litigation funding is fairly narrow and exclusively focused on funding in the context of class actions. Now, when you consider stories like the Mastercard collective action where there’s been controversy between the funders and the lawyers and claimants are likely going to walk away with a negligible sum of money, it’s understandable that people will look at that and say litigation funding may cause problems.
But what we do is at the other end of the market, focusing on smaller, individual, mostly precedent-based claims that have a real impact on someone’s life, and collectively on society as a whole. There’s genuine difference-making on a human level in our approach that often isn’t discussed or even considered when talking about regulating the sector and making it difficult to provide funding.
Think the social housing tenant waiting months for repairs when their health is suffering, the pension mis-selling victim who doesn’t know if they can look forward to their retirement, or the bereaved spouse who wants to grieve but is facing an inheritance dispute. These are people who get the financial justice they deserve because Seven Stars and other funders lend a law firm money to run a specific case.
There are real people behind these stories and case studies, and as an industry we owe it to these people to highlight the impact litigation funding can and does have on their lives, rather than allowing the narrative of funding being a cash cow for funders and lawyers to proliferate.
Ken Epstein is a co-founder and principal of Backlit Capital Solutions and brings 25 years of experience in bankruptcy law, commercial litigation, restructuring and finance. Ken leverages his deep industry expertise to provide tailored solutions for companies, law firms, investors, and individuals navigating complex litigation and financial restructuring challenges.
Prior to co-founding Backlit, Ken was a Senior Investment manager and Legal Counsel in the New York office of Omni Bridgeway, a legal finance and risk management company, where he led the company’s U.S. insolvency litigation finance platform. In this role, he originated, structured, and managed a diverse portfolio of legal assets, playing a key role in many of the firm’s most significant transactions. Prior to his tenure at Omni Bridgeway, he was a managing director at MBIA, a public financial services company, where he led large-scale initiatives and crisis management efforts. He was also on the board of directors of MBIA Services Corp. Ken started his career as a lawyer at Cadwalader, Wickersham & Taft, where he specialized in financial restructuring and corporate bankruptcy law.
Ken graduated from Brooklyn Law School (cum laude) and holds an accounting degree from the University of Maryland. Ken has also served as an adjunct professor of bankruptcy law at Cardozo Law School. He has been recognized in Who’s Who Legal: Thought Leaders – Third Party Funding Guide and the LawDragon Global Restructuring Advisors & Consultants Guide.
Matt Leland brings over 20 years of experience in commercial litigation and litigation finance to Backlit Capital Solutions. Most recently, Matt was as an Investment Manager and Legal Counsel in the Washington, D.C. office of Omni Bridgeway. There, Matt sourced and evaluated funding opportunities, negotiated deal terms, and monitored funded matters through to resolution.
Before Omni Bridgeway, Matt served as partner and as a commercial litigator for nearly two decades at AmLaw 100 firms King & Spalding LLP and McDermott Will & Emery LLP, experienced in all facets of civil litigation, including appeals, trials, arbitrations, and mediations. He successfully represented corporate clients engaged in diverse legal issues including government reimbursement claims, contractual disputes, unfair business practices, deceptive trade practices, civil RICO, and trademark infringement. Over his career, Matt helped clients recover hundreds of millions in damages and has extensive experience working closely with corporate executives and in-house counsel to develop budgets, fee structures, and strategies for all phases of litigation, including early case assessment, discovery, trial, and settlement. He has repeatedly been recognized in peer-reviewed guides including The Best Lawyers in America, Legal 500, and Super Lawyers.
Matt received his Juris Doctor from Georgetown University Law Center, where he was the Publications Director for The Tax Lawyer and The State and Local Tax Lawyer. He earned his B.A. in Political Science from the University of New Hampshire.
While earning his law degree, Matt was as a top aide for former U.S. Senator and Congressman John Sununu, after serving previously as the Deputy Campaign Manager on Mr. Sununu’s first campaign.
Below is our LFJ Conversation with Ken and Matt: Could you elaborate on Backlit Capital's approach to fundraising support for law firms, particularly start-ups, and what key factors contribute to successful fundraising in today's market?There’s been no better time to be a law firm seeking financing, as new investors enlarge the funding universe and options multiply. However, the landscape can be daunting and complex. We invite those firms to take advantage of our experience. We have spent years on the funding side of negotiations - evaluating claims and risks - and understand the nuanced distinctions between a fundable investment and one that gets passed over by litigation funders, lenders, and alternate investment sources.
Rather than simply connecting lawyers to potential sources of capital, we collaborate with firms, no matter their experience level, to implement comprehensive strategies that achieve specific financing goals. We showcase the potential of their assets with smart strategic positioning and precise financial modeling to address the investment concerns of potential funding sources. And to drive successful fundraising, we help firms provide transparency with risk profiling, highlight their operational credibility, and seize upon tactics to mitigate unpredictability so that the firm can showcase high-grade opportunities.
Finally, to ease the burden of this process, we provide end-to-end transaction management. We take on all of the complex and time-consuming tasks associated with legal funding so that clients can focus on providing first-rate legal services.
With the increasing complexity of legal finance, what innovative risk management strategies does Backlit Capital employ to mitigate potential losses for investors and lenders?We appreciate that these are high-stakes transactions for both the investor and the claimant and our review is disciplined, transparent and robust. Each transaction is different and we provide additional services depending on the client’s need, but here’s how we approach every opportunity:
By combining deep legal and financial expertise with market tools, Backlit ensures that risk is not just identified, but actively managed.
How does Backlit Capital stay ahead of emerging trends in legal finance, and what future developments do you anticipate will significantly impact the industry?We’re always focused on potential shifts in the market. At Backlit, our experience comprises not only litigation finance, but also decades of credit analysis, restructuring, commercial litigation, and government policymaking. This expertise enables us to identify how trends in financial, legal, and public sectors might influence litigation funding, and this positions Backlit extremely well for what we see as the biggest catalyst in the market – the addition of significant new funding capacity driven by new investors in the sector, like hedge funds, family offices and middle-market institutions. This provides a great opportunity for claimants and law firms looking for funding, but also injects unprecedented complexity into the marketplace.
At Backlit, we developed our services to not only identify, but capitalize, on opportunities for clients on either side of these transactions. Our connections with and understanding of the private capital space allow Backlit to find and structure deals that address the financial, operational and reporting requirements of all parties. As this market continues to grow, we’re positioned to create exciting new investment opportunities for funders and drive strong deals for clients seeking capital.
Can you share insights into a recent successful deal Backlit Capital facilitated, highlighting the unique challenges and solutions implemented?We expect that over time, most of our business is likely to be on the brokerage side and we are actively working with numerous clients to develop solutions to their diverse funding needs. In the short period since our launch there are two particular engagements that demonstrate the breath of the services we offer beyond traditional funding.
In the first, we have been engaged as an expert in a multibillion-dollar, high-profile bankruptcy litigation to assist a private equity client in the valuation of a complex litigation asset. Backlit has provided counsel, analytics and testimony in support of the client’s position. Our broad in-house capabilities and market expertise allow us to quickly analyze and deliver valuations that support our clients’ goals and survive deep scrutiny.
We have also been engaged on a project basis to help a large multi-billion dollar investment fund evaluate, structure and close a large loan transaction backed by a legal claim. The borrower’s existing lending relationship ended when the share collateral was involuntarily converted into a legal claim due to litigation surrounding a merger of the entity that had issued the shares. This was a time sensitive transaction with high stakes for all involved. Selecting legal counsel, working through conflicts, providing assistance on the unique features of legal finance - a discreet asset class - as part of the diligence and in-house deal team was a rewarding experience.
In the context of distress and insolvency, what specific pre- or post-Chapter 11 assistance strategies have proven most effective for Backlit Capital in maximizing creditor trust and claims management?While we work across sectors, we have a proven specialty in maximizing litigation assets for entities in financial distress and insolvency. Claimants facing the challenges of bankruptcy often have few other meaningful assets, and are extremely capital-restricted in their ability to effectively pursue damages. Additionally, these parties have fiduciary duties that need to be satisfied fully and transparently. Running a robust marketing process and ensuring best pricing is in the best interest of the estates, will enable the trustees to defend their fiduciary decisions if challenged, and given the multiple interests in the case, ensure a fair process and optimization of assets.
With such complex interests to manage, these clients demand specialized approaches that differ significantly from traditional commercial litigation support.
Bo Moss is the Co-Founder and President of Bridgehead Legal Capital. A former litigator in Atlanta and Charlotte, Bo earned a reputation for being a tough but fair adversary. His deep understanding of the legal landscape led him to a Charlotte-based litigation funder, where he leveraged his litigation background to successfully underwrite and tailor loans for contingency fee law firms nationwide.
Since co-founding Bridgehead with Scott Richards and Megan Baer in 2021, Bo has spearheaded the company's mission to provide accessible capital to contingency fee lawyers. Under his leadership, Bridgehead has engaged in over 150 transactions, demonstrating his strategic vision and operational excellence. Bo is a graduate of The University of the South (Sewanee) and Samford University Cumberland School of Law.
Below is our LFJ Conversation with Bo Moss:
Bridgehead Legal Capital emphasizes "Freedom Through Funding" and aims to be a long-term partner. Can you elaborate on how this mission guides your approach to client relationships and what specific long-term benefits firms can expect beyond just capital?
"Freedom Through Funding" isn't just a catchy phrase for us; it's the core of how we do business. As former litigators ourselves, we see every client relationship as a real partnership, all about helping you achieve sustained growth. So, beyond just giving you capital, here's what else firms gain:
Your services include both Portfolio Loans and Asset Purchase Loans. For a small to mid-sized plaintiff law firm, how do you help them determine which product is the most advantageous for their specific financial needs and case pipeline?
Great question. When it comes to choosing between Portfolio Loans and Asset Purchase Loans, it really comes down to your firm's specific needs and what your case pipeline looks like. We don't do cookie-cutter solutions; instead, we go through a thorough, collaborative process:
Ultimately, our job is to guide you in making a smart, strategic decision that truly aligns with your unique business model.
Bridgehead Legal Capital highlights its ability to unlock greater funding for plaintiff law firms by recognizing the value of their case portfolios. Could you explain the unique aspects of your underwriting process that allow you to assess and leverage these portfolios more effectively than traditional lenders?
Our ability to unlock more funding really comes down to our unique underwriting process, which is a big departure from traditional lenders who often just don't have our legal finance expertise:
This unique blend of legal expertise, sophisticated modeling, and a forward-looking, relationship-based approach is what allows us to leverage your case portfolio so much more effectively than traditional lenders.
The website mentions categories of loans such as "Start-up," "Case Investments," and "Growth Loan." How do you tailor the terms and support for a start-up firm compared to an established firm seeking a growth loan?
We know a brand-new firm has totally different needs than an established one looking to expand. That's why we tailor our loan terms and support accordingly:
For Start-up Firms:
For Established Firms (Growth Loan):
Our whole philosophy is about making sure you get the right capital at the right time, with the right level of tailored support, so your firm, no matter its stage, can hit its full potential.
Given the fast approval process and funds typically delivered within two weeks, what are the key factors that contribute to this efficiency, and what advice would you give to firms to ensure a smooth and rapid funding experience?
Our quick approval process and getting funds to you within two weeks really comes down to our specialized focus and streamlined operations:
To make sure your funding experience is as smooth and fast as possible, here's my best advice:
By partnering with Bridgehead Legal Capital, you're not just getting capital; you're gaining a strategic ally genuinely committed to your long-term success.
John J. Hanley is a Member in the Business Department at McDonald Hopkins and a key contributor to the firm’s Litigation Finance Practice Group. He advises clients across the litigation finance ecosystem on the structuring, negotiation, and execution of complex funding arrangements and financial transactions. With more than 20 years of experience at leading law firms, John brings deep transactional expertise in first- and second-lien credit facilities, private placements, and the purchase and sale of loans, claims, and other illiquid assets.
His clients include litigation funders, specialty finance companies, business development corporations, hedge funds, CLO managers, SPVs, and other institutional investors. John’s practice bridges traditional lending and litigation finance, allowing him to deliver sophisticated, market-informed solutions that align legal risk with commercial strategy.
Below is our LFJ Conversation with John Hanley:Your team is Chambers-ranked litigation finance deal counsel. How does that recognition reflect the value you bring to clients in structuring funding arrangements?
We appreciate the recognition from Chambers in a field as specialized and fast-moving as litigation finance. For us, that ranking affirms the trust our clients place in us to structure and close their transactions and the respect we’ve earned throughout the litigation finance ecosystem.
At McDonald Hopkins, we get deals done. We prioritize what matters by focusing on value, clarity, and results. Our approach is practical and efficient, guiding clients from NDA to term sheet to definitive documents and, finally, to funding with strategic precision.
You’ve worked extensively in both lending and litigation finance. How does that dual experience shape your approach to structuring deals that align interests across the table?
My lending background grounds me in negotiating and documenting deals designed to achieve client objectives while aligning incentives across counterparties. In litigation finance, those fundamentals still apply, but the environment is more nuanced. Every deal involves its own set of dynamics and considerations.
In lending, you have established credit models, conventional security packages, and repayment terms that follow predictable patterns. In litigation finance, we're operating in a space where deal inputs aren’t standardized. Each transaction is built on a unique case or portfolio, layered with legal, factual, and procedural complexities that defy one-size-fits-all modeling. That nuance demands creativity and precision. There's no single template that works for every matter.
At McDonald Hopkins, we recognize that underwriting is typically the funder’s responsibility. When representing funders, our primary role is to translate that underwriting into a legal structure that aligns with the deal’s risk profile and commercial objectives. From time to time we are also engaged to assist with due diligence on the underlying litigation to help ensure that the legal and procedural posture of the litigation supports the funder’s investment thesis.
When representing funded parties, whether claimants or their counsel, our focus shifts to protecting their upside, independence, and long-term position. That involves more than simply reviewing documents. We must understand how the funder views the case, the risk and return profile, and anticipate how the litigation may unfold. With that knowledge, we are equipped to negotiate terms that are fair, enforceable, and sustainable.
What are some of the key legal or regulatory pitfalls funders and claimants should be looking out for when drafting a funding agreement?
A few stand out:
While the tax is no longer part of active legislation, S.1821 remains under consideration by the Senate Finance Committee. If passed, it could apply retroactively to taxable years beginning after December 31, 2025, with significant implications for deal pricing, structure, and tax treatment.
We’re advising clients to build flexibility into agreements, revisit tax allocation language, and monitor developments to preserve deal economics.
Are you seeing shifts in who’s seeking funding and how their expectations are evolving?
Absolutely. Litigation funding is no longer niche. Fortune 500 companies and smaller businesses alike are seeking funding, often because litigation costs weigh heavily on their income statements. Unlocking capital tied up in long-running cases enables companies to redirect resources toward growth, such as hiring, R&D, and strategic initiatives, or to retain preferred counsel.
Law firms have evolved as well. Firms that historically operated on a billable-hour model (think Am Law 200) are increasingly open to contingency fee arrangements, often pairing them with third-party funding to manage risk and liquidity. We’re also seeing firms across the spectrum, from personal injury powerhouses and mass tort firms to elite litigation boutiques, monetize contingency receivables to accelerate growth, improve liquidity, or shift risk. What was once a strategy for cash-constrained firms has become a strategic capital tool for practices with high-value, contingent assets.
Consumers of litigation funding are recognizing that underwriting litigation is not their core competency and that money spent on litigation could be better deployed.
Expectations today revolve around speed, transparency, and deal customization. Funders with boilerplate offerings or long diligence cycles are struggling to keep up.
Given all that evolution, how is the role of deal counsel changing in this ecosystem?
The role of deal counsel has become highly strategic. We’re not just papering deals; we’re shaping term sheets, negotiating funding mechanics, and managing multi-party dynamics to get complex transactions across the finish line.
Funders and funded parties (whether law firms, plaintiffs, or otherwise) rely on us to identify friction points early, design around them, and close with minimal disruption. That’s the role of modern deal counsel in litigation finance.
But some fundamentals remain unchanged…
Exactly. Litigation counsel must remain independent, and the fairness of the legal process must be preserved. Our role as deal counsel is to support that framework, not interfere with it.
The strongest litigation finance deals are built on clearly defined roles, aligned incentives, and mutual respect for legal boundaries. When those fundamentals are in place, both the transaction and the underlying litigation stand on solid ground.
When my co-founder and I were litigators, we kept running into a “chicken-and-egg” dilemma: it takes capital to investigate, plead, and evidence a claim, yet most funders will not release significant capital until that work is already complete. Ignitis was created to bridge that gap. We deploy funds at the riskiest, earliest stage, when key questions still need answers, so our clients can generate the data points future funders require. That litigation experience is baked into everything we do, from how we assess cases to the speed at which we commit capital.
Can you describe some of the unique challenges your clients face and how Ignitis addresses them?
Every client faces a need for initial funding to unlock further case development such as expert analysis, merits opinions, damage opinions, and/or legal fees. Without that seed capital, even highly meritorious claims can stall. Ignitis supplies that early-stage capital quickly, allowing our clients to build out the factual and legal record, refine damages models, and position the matter for larger financing and filing.
How does Ignitis differentiate itself from other companies in the legal funding space?
What recent developments or innovations at Ignitis are you most excited about?
Specializing exclusively in early-stage funding has allowed us to build proprietary triage and diligence workflows. Coupled with a lean decision-making structure we can deploy capital faster than traditional funders can schedule an investment-committee meeting. The result is a nimble platform that adapts as the market evolves.
How do you see the future of legal funding evolving, and what role do you envision your company playing in that future?
The asset class is attracting an increasingly diverse pool of capital — family offices, credit funds, and insurers, not just dedicated litigation funders. By providing rigorous case development and structured risk-transfer tools (including tailored portfolio and insurance solutions), Ignitis converts what was once viewed as binary litigation risk into an investable, partially self-insured product. Our goal is to expand access to justice worldwide by matching meritorious claims with capital that understands and is comfortable with the underlying risk.
Robin Ganguly used to be a litigation funder and insurer, and is now a Partner at elite London disputes law firm CANDEY. Robin has almost 20 years of litigation and arbitration experience. He conducts a broad range of commercial, financial and insolvency disputes and has extensive experience of high-value international cases. Robin acts for large corporates and individuals alike, and is praised by clients for his commercial approach.
Prior to joining CANDEY, Robin spent almost 10 years at Magic Circle firm Linklaters, including secondments at investment bank clients, and four years at Bryan Cave Leighton Paisner, where he led the contentious insolvency practice alongside his broader commercial litigation role. Robin then spent time at litigation funder Burford Capital and in the litigation insurance industry at Aon and Fidelis. Robin is therefore uniquely well placed to assist clients looking to obtain funding and insurance for their disputes, and to advise on disputes in relation to funding agreements and insurance policies.
Robin speaks French, Italian and Spanish. He is qualified as a Solicitor Advocate and can appear himself for clients before the Higher Courts of England and Wales.
Below is our LFJ Conversation with Robin Ganguly:
CANDEY is involved in a wide array of high-value disputes. Can you share some insights into the types of cases that are most challenging or rewarding to work on?We often work in collaboration with litigation funders to achieve access to justice for clients who have been defrauded and as a result of the fraud do not have funds to pursue expensive litigation. In those situations we use our deep experience of litigation funding and litigation insurance to put together the best structure for the risks in the case to be allocated among different stakeholders, which often means our firm taking on substantial fee risk.
One of our core practice areas is international trusts disputes. These cases are very challenging because they often involve arbitration and litigation in multiple jurisdictions, co-ordinating local firms, freezing injunctions and other emergency applications to attempt to secure assets for enforcement. These are all expensive processes which rely on a law firm (and sometimes litigation funders) to have faith and stand behind their clients for many years to avoid capitulation to the bad actors. When we achieve success in disputes such as these it makes all of the effort worth it.
With offices in multiple international locations, how does CANDEY navigate the complexities of cross-border disputes and international law?Our cases often involve multiple offices (various of London, New York, BVI, Vienna, and we’ve got plans to open in Asia), and our ability to serve clients internationally is a key reason why clients come to us. In New York our team provides a transatlantic bridge between the US law firms with whom we co-counsel, and the CANDEY teams in other locations, but having one firm that’s able to take ownership of as many jurisdictions as possible ensures things run smoothly. Due to the way we are structured we are able to explore international contingency fee arrangements for clients, in a way that very few other firms can do.
Given CANDEY's focus on lawyers' rights and access to justice, what initiatives are you most proud of, and how do they align with the firm's values?At CANDEY we believe that everyone should have the right to legal representation so that they can bring their arguments before a court of law. Many firms will refuse to act on certain cases where they fear “biting the hand that feeds them”, or cases where they do not like the potential impact of being associated with certain claimants or arguments, but we feel that if all firms took those views, clients would not be able to test and enforce their legal rights, with a corresponding chilling effect upon the English legal system more broadly.
CANDEY has been vocal in championing the rule of law and refusing, along with the Bar Council, to allow prejudice to prevent anyone from being represented before the Courts on the basis of their race, religion or nationality.
How has CANDEY adapted to the increasing prevalence of cryptocurrency disputes and financial crime, and what strategies do you employ to stay ahead in these evolving areas?We have a well-established fraud practice and involvement with organisations such as CFAAR in the UK, and we have been seeing increasing numbers of cryptocurrency disputes. These sometimes concern fraudulent investment schemes and in those cases the catch is often obtaining a “book” of victims that is large enough and organised enough to make a case economically viable for a law firm or funder to back. Building the book costs money so it can be chicken and egg. Due to the international nature of cryptocurrency, the cases frequently involve competing claims on frozen assets by different states or prosecutors and therefore have a political dimension which can be difficult to predict.
What are your thoughts on the current landscape of legal funding, and how do you see it impacting the types of disputes CANDEY handles?The litigation funding market in the UK is experiencing some challenges at the moment. As is the global litigation insurance market (other than ATE) following large losses on complex judgment preservation policies. That makes it increasingly important for law firms to be able to share fee risk, either alongside funders or where funding cannot be obtained. We get a large number of enquiries from clients looking to us to represent them in their cases, big and small, and we are able to use our experience of funding and insurance to be able to advise clients whether the case is likely to attract funding and/or insurance and to put them in the best position to secure it. When enquiries come in, my role can feel very similar to my previous role at Burford Capital: assessing the legal theory and case merits but also looking ahead to enforcement and whether the damages are likely to be large enough to make the case viable. In terms of case type, we always see plenty of shareholder disputes, contract disputes and trust disputes, and those types of claim have not seen the same souring of attitudes or aggregation issues among funders or insurers as, say competition cases.
Kevin Prior has been sourcing funding for regulated Law Firms since 2019 and has over 30 years’ experience in investment structuring, principally in the Real Estate development sector. He was responsible for securing the finance line for a high profile UK GLO project, as well as assisting law firms in representing individual claimants in over 15,000 settled cases.
Before moving into the litigation funding sector, Kevin created and piloted a regulated crowdfunding firm and a specialist distressed property fund. He has a background in economics, which coupled with his vast commercial experience allows him to make clear assessments of prospective borrowing law firms from the outset of Seven Stars’ due diligence processes.
Below is our LFJ Conversation with Kevin Prior, CCO of Seven Stars Legal:
What specific strategies does Seven Stars employ to ensure market-leading investor returns in the litigation finance sector?
Our view has always been that the key to successful litigation financing lies in the selection of cases or case types to fund, which is why we take the time to select cases that we believe offer the most secure route to a successful and profitable judgment, delivering results for the business and its investors.
Rather than funding class actions and other high-risk, high-return litigation, we work at the other end of the spectrum, specifically targeting precedent-based claims or claims brought under UK Government compensation schemes or Acts. This approach significantly reduces the risk involved and enables us to target ambitious returns and highlight the opportunity of our litigation finance solution as an alternative asset investment.
We insist on After The Event insurance cover on funded cases where cases may be settled in England or Wales or where a risk of adverse costs may exist. In addition, we only fund cases against liquid entities, such as banks or housing associations, or where claims go to organisations like the Financial Services Compensation Scheme, which exists in the UK to pay redress to clients when financial institutions or financial advisers fail.
Finally, at claim level, we establish minimum claims values for each specific case type, which as well as ensuring sufficient capital cover means that our investors can achieve a return, the law firm in question can run claims sustainably and, most importantly, that claimants get the compensation they deserve.
In addition, to help ensure liquidity and cash flow via coupon payments for investors, as well as for broader strategic reasons like risk mitigation, we follow what we call the 30/30 rule, meaning that we aim to have no more than 30% of our funds committed to a single law firm or case type, and as we continue to diversify our activities are fast working towards a balance closer to 9% - 11% as our maximum exposure in any one area.
Could you elaborate on the due diligence process Seven Stars undertakes when assessing legal claims, particularly concerning the solvency of defendants?Our due diligence process is multi-faceted, covering our borrowing law firms at both the initial stage of signing a funding agreement, again when the law firm requests a drawdown of funds, and, if we’re funding a case type for the first time, a comprehensive review of the legal position and opportunity around such claims.
To assess whether a specific case type is suitable for funding, we review various aspects including the level of funding required, the potential returns, and sought independent counsel opinion on the claim or case type before making a decision as to whether to fund. The nature of our process means that it’s feasible we would identify that a claim type can generate a specific level of returns but would require too much funding for it to be viable, although likewise, case types that require very little funding may generate relatively small returns, meaning we wouldn’t fund those unless there was a high enough volume of claims to make it worthwhile for all parties.
To come back to the firms, while our partner law firms conduct their own robust due diligence as a prerequisite for their own business requirements, we conduct our own independent verification process. This ensures a second layer of security and aligns with our own stringent criteria, which apply to both the initial funding proposal as well as the specific request for a tranche of funding.
Then, when the borrowing law firm comes to us, we review all the case files for which they are seeking funding, checking their files include all the relevant and correct documents, and a verification of the case and claimant details, the latter being where we’d identify and ensure that the defendant is solvent. For each claim type, we have a strict list of criteria that must be met for us to commit funding to a specific case, so it’s possible that an approved law firm could request a drawdown of funds but we’d only provide funding for the claims that meet our criteria.
The level of due diligence we need to go into differs depending on the case type. For example, if a pension mis-selling claim is going to the FSCS we know that it will pay out, so we can focus less on the solvency of the defendant and more on the technical aspects of the claim and the likelihood of it succeeding.
All of these processes are subject to two levels of due diligence. The first level is our operational management team, who should they approve a specific case type or law firm after collecting and reviewing a substantial tranche of data then pass this information along with a recommendation to our Advisory Panel, which includes a highly regarded King’s Counsel. The Advisory Panel then reviews this information independently to make a decision on whether to fund a specific case type and/or provide funding to a specific law firm.
To further enhance our Governance structure as well as strengthen the level of independent oversight within our due diligence processes, we’re currently at the advanced stages of appointing an external auditor to conduct pre-lending and firm auditing due diligence processes, which will also give us further capacity to scale our due diligence pipeline, attract further investment, and distribute monies to approved law firms.
Can you describe the structure of the debentures or assignment of interests in fee income used to protect capital, and how the Security Trustee oversees this process?Our Security Trustee sits external to the whole process, only getting involved on behalf of our investors if we were to default on our payments to them. So the Security Trustee would step in were we to default, and take action based on the debenture and floating charge they hold over all Seven Stars assets, which includes bank accounts, physical assets AND the debentures and fixed and floating charges we hold over our borrowing law firms.
As such we have two layers of structured security for our investors. There is what the Security Trustee holds over ourselves, but there is also what we hold over the law firms, which include fixed and floating charges over their assets, as well as the right to re-assign cases to another law firm in the event they default on their funding agreement with ourselves.
This is further supported by our ongoing risk mitigation and analysis that we conduct in relation to borrowing law firms, which includes our funding going into a segregated bank account within the law firm, conducting monthly management accounts and retaining bank account access, and conducting ongoing audits of the borrowing law firm’s claims book. We’re currently in the process of making our ongoing audits fully automated by introducing AI to conduct this process, while retaining a human, physical element and manually auditing up to 10% of the claims book we’re funding with each law firm per month, depending on borrowings, the claim type, and other factors.
Given the company's experience in funding over 56,000 litigation cases, what key lessons has Seven Stars learned about risk management and successful case selection in the litigation finance market?While we have comprehensive governance and risk mitigation strategies in place that inform all we do, our most significant learning – and one that we continue adapting to as we go – is the importance of having room to be agile and flexible in our approach to funding different case types and law firms, which is predominantly led by the 30/30 rule that I explained earlier.
I’ve outlined a little about our case selection process and due diligence earlier, but what I’d add to that is one thing we have picked up on is that there’s often an appetite from investors to commit funds even if a legal picture isn’t 100% clear. And to that end, it’s vital that we continue to monitor and are active in specific sectors even if there’s little to no movement in them. A good example would be business energy claims, where we had committed funding prior to an adverse decision handed down in early 2024, which was subsequently overturned by a later hearing. They key here is that we didn’t overexpose – we were nowhere near 30%, for example – and so were able to continue operating and supporting the borrowing law firm even while the legal picture was unclear.
We’ve seen similar recently in car finance claims – we know of one funder that committed around 80% of its lending book to such cases in 2024, but that cash is now tied up until probably March 2026 at the very earliest, when compensation payments look like they’ll commence. In contrast, we’ve been more cautious around this case type and are awaiting final legal and regulatory decisions before committing to an approach.
An excellent example of our approach to risk management succeeding can be seen in our acquisition of the non-legal assets of Sandstone Legal earlier this year. Sandstone Legal were a firm that we had previously provided funding for and had passed all our usual due diligence checks, but for various reasons continued to face financial difficulties. Our funding agreements ensured that we were able to acquire those cases through the firm’s insolvency and assign them to new law firms to run them to completion, many of which have already started generating returns for our investors. All of this was done with Solicitors Regulation Authority oversight, enabling us to act quickly and help cases to move forward quickly to the benefit of the claimants involved.
With the industry under sustained regulatory pressure, what should be the industry's response to those who want to regulate it out of existence?The regulatory picture in the UK is still evolving. In June, the Civil Justice Council published its Final Report into third-party litigation funding, which called for minimal regulation where funding is provided to a commercial party and “greater, but still light touch” regulation where funding is going to a consumer or where funding is for a collective action.
Most notably, the CJC called for the reversal of the PACCAR ruling to happen as soon as possible, while the Court of Appeal also subsequently handed down a ruling that supports the litigation funding sector.
With all that being said, against this background there’s a significant opportunity for funders in different areas of the market to speak up, highlight what they do, and educate across the legal services sector as well as those who do seek to introduce stringent regulation.
One thing we’re passionate about and try to address in our content is that a lot of commentary around litigation funding is fairly narrow and exclusively focused on funding in the context of class actions. Now, when you consider stories like the Mastercard collective action where there’s been controversy between the funders and the lawyers and claimants are likely going to walk away with a negligible sum of money, it’s understandable that people will look at that and say litigation funding may cause problems.
But what we do is at the other end of the market, focusing on smaller, individual, mostly precedent-based claims that have a real impact on someone’s life, and collectively on society as a whole. There’s genuine difference-making on a human level in our approach that often isn’t discussed or even considered when talking about regulating the sector and making it difficult to provide funding.
Think the social housing tenant waiting months for repairs when their health is suffering, the pension mis-selling victim who doesn’t know if they can look forward to their retirement, or the bereaved spouse who wants to grieve but is facing an inheritance dispute. These are people who get the financial justice they deserve because Seven Stars and other funders lend a law firm money to run a specific case.
There are real people behind these stories and case studies, and as an industry we owe it to these people to highlight the impact litigation funding can and does have on their lives, rather than allowing the narrative of funding being a cash cow for funders and lawyers to proliferate.
In this episode, we sit down with Richard Culberson, CEO of Moneypenny & VoiceNation North America. Richard discusses how Moneypenny can save costs and increase operational efficiency for law firms and litigation funders through enhanced client communication services.
In this episode, we sit down with Cormac Leech, CEO of UK litigation funding platform, AxiaFunder. AxiaFunder allows individuals to invest in a high volume of small claims in the UK. We discussed AxiaFunder's market strategy, housing disrepair and diesel emissions claims, the challenges of funding a large volume of small claims types, and how AxiaFunder is utilizing AI and automation in its processes.
In this episode, we sat down with Louisa Klouda, CEO of Fenchurch Legal. Fenchurch is a specialist litigation funder providing finance to UK law firms to fund small ticket claims which are insured by an ATE insurance policy.
Securities litigation in Sweden can be done in various ways, through class/group actions, derivative actions, or regulatory enforcement actions (by authorities). Case law in the sphere of private enforcement is historically scarce but will now hopefully start to emerge. A historic reason is probably that Sweden as a civil law country lacks statutory rules regulating civil liability in relation to improper securities activities.
In the Ericsson case, 37 institutions are claiming roughly $200 million from the issuer in the district court of Solna, Sweden. The claimants state they have suffered investment losses since Ericsson withheld information about potential bribes paid to the terrorist organisation ISIS in Iraq, that caused the share price to fall. The claimants are all large (non-Swedish) institutional investors, and the case is funded by a third-party funder (not Deminor). The case will be tried in the first instance court in 2025.
The legal community expects to see an increase in litigation related to securities in the coming years, to paint a picture in 2021 there where was one (1) initial public offering every second day (157 in total). In 2022-23 there were only a handful of initial public offerings each year. Sweden has a disproportionate number of listed companies compared to other EU countries and it is considered a national sport to invest in the stock market. A majority of listed shares are held by local and foreign sovereign wealth funds, they seldom engage in litigation locally but often participate in international cases in the US and elsewhere. The economy is currently in a recession which has historically always led to an increase in the number of disputes.
Deminor is the only international funder with a local presence that focuses on securities litigation. On paper there are plenty of opportunities in Scandinavia, but in practical terms cases are often too “small” meaning the quantum of the potential loss the investor has suffered is not sufficient to initiate the litigation. Or which is more often the situation, the investors that do hold a significant part of the shares (the loss) are not willing to engage in litigation for various reasons. The claimants that are willing to lead the way in terms of creating the much-needed case law is the types we see in the Ericsson case, foreign institutional investors.
We could summarize the situation with a phrase coined by the advertising industry for when there was a minute of silence before the next add was supposed to run - watch this space!
The following article was contributed by Anthony Johnson, CEO of the Johnson Firm and Stellium.
The ascent of AI in law firms has thrust the intricate web of complexities and legal issues surrounding their implementation into the spotlight. As law firms grapple with the delicate balance between innovation and ethical considerations, they are tasked with navigating the minefield of AI ethics, AI bias, and synthetic data. Nevertheless, within these formidable challenges, law firms are presented with a singular and unparalleled opportunity to shape the landscape of AI law, copyright ownership decisively, and AI human rights.
Law firms embarking on the integration of AI into their practices must commence with conducting comprehensive due diligence. This process entails a precise evaluation of the AI technology's origins, development process, and the integrity of the data utilized for training. Safeguarding that the AI systems adopted must be meticulously developed with legally sourced and unbiased data sets. This measure is the linchpin in averting potential ethical or legal repercussions. It is especially paramount to be acutely mindful of the perils posed by AI bias and AI hallucination, both of which have the potential to undermine the fairness and credibility of legal outcomes.
Guidelines must decisively address the responsible use of AI, encompassing critical issues related to AI ethics, AI law, and copyright ownership. Furthermore, defining the scope of AI's decision-making power within legal cases is essential to avert any over-reliance on automated processes. By setting these boundaries, law firms demonstrate compliance with existing legal standards and actively shape the development of new norms in the rapidly evolving realm of legal AI.
Implementing AI tech in law firms isn't just a technical challenge; it's also a cultural shift. Regular training and awareness programs must be conducted to ensure responsible and effective use. These programs should focus on legal tech training, providing lawyers and legal staff with a deep understanding of AI capabilities and limitations. Addressing ethical AI use and the implications of AI on human rights in daily legal tasks is also required. Empowering legal teams with knowledge and tools will enhance their technological competence and drive positive change.
The integration of AI within legal practices presents substantial risks concerning confidentiality and data privacy. Law firms entrusted with handling sensitive information must confront the stark reality that the deployment of AI technologies directly threatens client confidentiality if mishandled. AI systems' insatiable appetite for large datasets during training lays bare the potential for exposing personal client data to unauthorized access or breaches. Without question, unwaveringly robust data protection measures must be enacted to safeguard trust and uphold the legal standards of confidentiality.
The pivotal role of AI in content generation has ignited intricate debates surrounding intellectual property rights and copyright ownership. As AI systems craft documents and materials, determining rightful ownership—be it the AI, the developer, or the law firm—emerges as a fiercely contested matter. This not only presents legal hurdles but also engenders profound ethical deliberations concerning the attribution and commercialization of AI-generated content within the legal domain.
The critical risk looms large: the potential for AI to perpetuate or even exacerbate biases. AI systems, mere reflections of the data they are trained on, stand as monuments to the skewed training materials that breed discriminatory outcomes. This concern is especially poignant in legal practices, where the mandate for fair and impartial decisions reigns supreme. Addressing AI bias is not just important; it is imperative to prevent the unjust treatment of individuals based on flawed or biased AI assessments, thereby upholding the irrefutable principles of justice and equality in legal proceedings.
The most egregious risk lies in the potential violation of client confidentiality. Law firms that dare to integrate AI tools must guarantee that these systems are absolutely impervious to breaches that could compromise sensitive information. Without the most stringent security measures, AI dares to inadvertently leak client data, resulting in severe legal repercussions and the irrevocable loss of client trust. This scenario emphatically underscores the necessity for robust data protection protocols in all AI deployments.
The misuse of AI inevitably leads to intricate intellectual property disputes. As AI systems possess the capability to generate legal documents and other intellectual outputs, the question of copyright ownership—whether it pertains to the AI, the law firm, or the original data providers—becomes a source of contention. Mismanagement in this domain can precipitate costly litigation, thrusting law firms into the task of navigating a labyrinth of AI law and copyright ownership issues. It is important that firms assertively delineate ownership rights in their AI deployment strategies to circumvent these potential pitfalls preemptively.
The reckless application of AI in legal practices invites ethical breaches and professional misconduct. Unmonitored AI systems presume to make decisions, potentially flouting the ethical standards decreed by legal authorities. The specter of AI bias looms large, capable of distorting decision-making in an unjust and discriminatory manner. Law firms must enforce stringent guidelines and conduct routine audits of their AI tools to uphold ethical compliance, thereby averting any semblance of professional misconduct that could mar their esteemed reputation and credibility.
The legal industry has witnessed numerous triumphant AI integrations that have set the gold standard for technology adoption, unequivocally elevating efficiency and accuracy. Take, for example, a prominent U.S. law firm that fearlessly harnessed AI to automate document analysis for litigation cases, substantially reducing lawyers' document review time while magnifying the precision of findings. Not only did this optimization revolutionize the workflow, but it also empowered attorneys to concentrate on more strategic tasks, thereby enhancing client service and firm profitability. In another case, an international law firm adopted AI-driven predictive analytics to forecast litigation outcomes. This tool provided unprecedented precision in advising clients on the feasibility of pursuing or settling cases, strengthening client trust and firm reputation. These examples highlight the transformative potential of AI when integrated into legal frameworks.
Integrating AI within the legal sector is an urgent reality that law firms cannot ignore. While the ascent of AI presents complex challenges, it also offers an unparalleled opportunity to shape AI law, copyright ownership, and AI human rights. To successfully implement AI in legal practices, due diligence on AI technologies, training programs for lawyers, and establishing clear guidelines and ethical standards are crucial. However, risks and moral considerations must be carefully addressed, such as confidentiality and data privacy concerns, intellectual property and copyright issues, and bias and discrimination in AI outputs. Failure to do so can lead to violations of client confidentiality and costly intellectual property disputes. By navigating these risks and pitfalls, law firms can harness the transformative power of AI while upholding legal standards and ensuring a fair and just legal system.
As a former litigator who recently obtained his MBA, Andrew offers a unique perspective in his role of creating, developing, and maintaining business relationships with law firms and litigants as LF2 expands its commercial program.
Andrew is an Associate Director of Investments at LF2. In his role, Andrew works with the Underwriting and Investment team to both analyze and develop potential funding opportunities. Andrew received a Dean’s Merit Scholarship from Cardozo Law School and an MBA from Columbia Business School. Andrew practiced as a commercial litigator prior to entering the litigation finance industry.
Company Name and Description: Lex Ferenda Litigation Funding LLC. We specialize in funding single commercial cases starting at $1 million.
Company Website: www.lf-2.com
Year Founded: 2020
Headquarters: Rye, New York
Area of Focus: Business development and underwriting.
Member Quote: I’m grateful to be able to make an impact in such a dynamic industry, particularly as it continues to grow and enhance outcomes within and beyond the legal community.
Stuart Price is the Chief Executive Officer, Managing Director and co-founder of CASL. Mr Price worked in the United Kingdom, the Middle East and Australia during his 30+ year career in banking and investment banking, legal and litigation finance. Mr Price has held senior positions in litigation finance for over a decade with a career highlight being the resolution of a class action against the Queensland State Government for ‘Stolen Wages’ for $190m, on behalf of over 12,000 First Nations peoples.
Mr Price was instrumental in the establishment of The Association of Litigation Funders of Australia (ALFA), where he was the inaugural CEO and Managing Director from 2018. Mr Price continues as a Director of ALFA.
Mr Price has a 1st Class Honours Degree in Applied Mathematics from the University of St. Andrews, is a Fellow of the Institute of Chartered Accountants in England & Wales, a member of the Institute of Chartered Accountants in Australia & New Zealand, a Fellow of the Governance Institute of Australia and a Fellow of FINSIA.
Company Name and Description: CASL was founded in 2020 by John Walker and Stuart Price with the objective of creating a level playing field and providing access to the legal system for claimants to prosecute meritorious claims.
CASL is a significant litigation funder in the Australian market, raising investment capital of $156m in 2022 that represents one of the largest dedicated pools of capital to this market.
Company Website: https://www.casl.com.au/
Year Founded: 2020
Headquarters: Sydney
Area of Focus: Litigation Finance
Member Quote: CASL has one of the most experienced litigation finance teams which when combined with substantial financial resources, enables it to be a leading provider of litigation finance with local decision making.
Sam Klatt is the Chief Investment Officer at 10 East, where he is responsible for sourcing and managing investment opportunities.
Mr. Klatt has +20 years of experience investing in public equities real estate, private credit, private equity, and venture capital. Prior to founding Portage Partners and then 10 East, Mr. Klatt was a vice president at M.D. Sass, a private investment manager that focused on traditional and alternative investment strategies.
Mr. Klatt received an M.S. in Real Estate Development from Columbia University in 2010 and earned a B.A. in Economics from Johns Hopkins University with a minor in Entrepreneurship and Management. Mr. Klatt is also a Chartered Financial Analyst.
Company Name and Description: 10 East, led by Michael Leffell, allows qualified individuals to invest alongside a seasoned team with a decade+ historical track record of strong performance in litigation finance, private credit, real estate, niche venture/private equity, and other one-off investments that aren’t typically available through traditional channels.
Benefits of 10 East membership include:
10 East is where founders, executives, and portfolio managers from industry-leading firms diversify their personal portfolios.
Company Website: 10east.co
Year Founded: 2011, as Portage Partners, rebranded as 10 East in 2022
Headquarters: New York
Area of Focus: Litigation finance, real estate, private credit, and niche venture/private equity. Emerging managers, independent sponsors, and one-off co-investments.
Member Quote: Our principals, partners and members have invested more than $100 million in litigation finance opportunities since inception—it’s a strategy where we often identify highly attractive risk/return asymmetry with the added benefit of being less correlated to the markets.
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