Thought Leadership
Thought Leadership

Explore LFJ’s Thought Leadership library and stay informed through cutting-edge insights and expert perspectives from industry leaders who are defining the legal funding landscape.

Latest Thought Leadership

134 Articles
Community Spotlights

Member Spotlight: Andrew Bourhill

By John Freund |

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.

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Community Spotlights

Member Spotlight: Stuart Price

By John Freund |

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 Websitehttps://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.

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Community Spotlights

Member Spotlight: Sam Klatt

By John Freund |

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:   

  • Flexibility – members have full discretion over whether to invest on an offering-by-offering basis.  
  • Alignment – principals commit material personal capital to every offering.   
  • Institutional resources – a dedicated investment team that sources, monitors, and diligences each offering.  

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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Community Spotlights

Member Spotlight: Mats Geijer

By John Freund |

Mats Geijer is a lawyer by training, with a background in shipping and insurance companies, and a pioneer in the Scandinavian litigation funding market for the past 10 years. Currently head of Scandinavia at one of Europe’s oldest litigation funders, DEMINOR, Mats is a Swedish legal expert and an experienced business manager who has worked on a broad range of domestic and multi-national disputes with a particular focus on management liability, post-M&A-litigation and insurance disputes.

Mats comes with experience working for renowned international litigation funders and insurance companies, and is viewed as a pioneer in the Scandinavian Litigation Funding market, the “daddy of Nordic dispute funding” as someone once said. He worked on some of the first known deals in the region 10+ years ago and was recruited to setup the Deminor office in Stockholm during 2023.

According to Mats: "Now one year down the line, it’s been a roller coaster ride, with lot’s of traveling to see old and new faces in the legal community in Scandinavia and Europe. The opening of the office coincided with a dip in the economy, high inflation, high interest rates and generally a lot of stress in the financial system. The first case came in on day two from a bankruptcy estate when I literally had just gotten myself “online” after the summer break, and it hasn’t stopped.

Another aspect that I have really enjoyed at Deminor is the opportunity to work with private enforcement on Antitrust cases, this is an interesting and growing market in Scandinavia. To summarize, it has been a positive start and I hope we can continue the positive momentum during the years to come. Everyone in the industry is always welcome to pay us a visit in Stockholm, the capital of Scandinavia (in the view of Swedes at least)."

Company Name and Description:  Founded in 1990, Deminor is a leading privately-owned and international litigation funder with offices in Brussels, London, Hamburg, Madrid, New York, Stockholm, Hong Kong, Milan, and Luxembourg. Deminor’s name, derived from the French ‘défense des minoritaires’, reflects its origins in providing services to minority shareholders. Deminor is still very much defined by the pursuit of good causes and its determination to restore justice for clients. Deminor is the brand name of the Deminor Recovery Services group, a group of companies whose strategic focus is to assist businesses and investors in monetising legal claims. Deminor is ranked Band 1 by Chambers and Partners for Litigation Funding in Europe.

Company Website: www.deminor.com

Year Founded:  1990

Headquarters:  Brussels, Belgium

Area of Focus:  Litigation Funding of commercial disputes in Scandinavia, primary target is arbitration proceedings. Antitrust and private enforcement on behalf of claimants. Investment recovery assistance on securities litigation on behalf of institutional investors.

Member Quote: The service we provide is a win-win for all parties - when done in the right way!

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The LFJ Podcast
Hosted By Nicole Clark |

Our guest today is Nicole Clark, CEO and Founder of Trellis Law. Trellis democratizes access to the law by making state trial court records and legal data more accessible.

Prior to founding Trellis, Nicole specialized in business litigation and labor and employment matters at O’Connell Attmore & Morris, Liner, Andrews Lagasse Branch + Bell, and Newmeyer & Dillion.

The LFJ Podcast
Hosted By Invenio LLP |

In this episode, we sat down with Blake Trueblood and Ed Gehres, founding partners of Invenio, LLP. Invenio is a leading provider of legal services for those navigating the complexities of the litigation finance industry, and Blake and Ed have extensive experience in claimant funding, law firm lending, and litigation supported by third-party funding.

Community Spotlights

Member Spotlight: Jeff Zaino

By John Freund |

Jeffrey T. Zaino, Esq. is the Vice President of the Commercial Division of the American Arbitration Association in New York. He oversees administration of the large, complex commercial caseload, user outreach, and panel of commercial neutrals in New York. He joined the Association in 1990. Mr. Zaino is dedicated to promoting ADR methods and services.

His professional affiliations include the American Bar Association (Dispute Resolution, Litigation, and Business Law Sections), Connecticut Bar Association, District of Columbia Bar Association, New York State Bar Association (Dispute Resolution Section - Executive Committee Member and Chair of the Blog Committee; Commercial & Federal Litigation Section, Chair of the Arbitration and ADR Committee), New York City Bar Association (Member of the Arbitration Committee and Affiliate Member of the ADR Committee), Board of Advisors of the Scheinman Institute on Conflict Resolution, New York Law School ADR Advisory Committee, American Bankruptcy Institute, and Westchester County Bar Association.

He has also written and published extensively on the topics of election reform and ADR, including several podcasts with the ABA, TalksOnLaw, and Corporate Counsel Business, and has appeared on CNN, MSNBC, and Bloomberg to discuss national election reform efforts and the Help America Vote Act.  He was deemed a 2018 Alternative Dispute Resolution Champion by the National Law Journal and received awards for his ADR work from the National Academy of Arbitrators, Region 2 and Long Island Labor and Employment Relations Association, New York State Bar Association (Commercial and Federal Litigation and Dispute Resolution Sections).

Company Name and Description: The not-for-profit American Arbitration Association® (AAA®)-International Centre for Dispute Resolution® (ICDR®) is the largest private global provider of alternative dispute resolution (ADR) services in the world.

With that comes enormous responsibility, which the AAA-ICDR® embraces. Its work lessens the load of a tremendously overburdened court system. Its efforts ease the financial hardships of those shattered by natural disasters. The foundation it established supports access to justice for all. 

The AAA-ICDR has a core dedication to service and particularly to education. It would be gratifying to focus on teaching people to stay out of disputes; however, since that is not a realistic objective in today’s world, the AAA-ICDR provides fair, rational, faster, and less adversarial means to handle the disputes that inevitably arise. 

Contrary to a common misperception, arbitration is confidential—not secretive. Parties are free to talk about their cases; it is the AAA-ICDR and the arbitrators who are bound to keeping parties’ confidences, similar to a judge and jury. 

Company Website: www.adr.org

Year Founded:  1926

Headquarters:  NYC

Area of Focus:  Commercial, Construction, Consumer, Employment, Government, International, and Labor

Member Quote: I look forward to working with the members of the Legal Funding Journal to collaborate on various efforts, including the promotion of arbitration and mediation.

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LFJ Conversation

An LFJ Conversation with Genevievette Walker-Lightfoot

By John Freund |

Genevievette Walker-Lightfoot brings extensive expertise in compliance, risk management, and regulatory affairs. As the Managing Member of The Law Offices of Genevievette Walker-Lightfoot, P.C., she ensures SEC-regulated entities adhere to compliance standards. With ties to FINRA and previous positions at the Federal Reserve Board and the U.S. Securities and Exchange Commission, she has been listed among The Hedge Fund Journal's Top 50 Women in Hedge Funds.

Hedonova, established in 2020, specializes in alternative investments, encompassing a diverse range of assets such as startups, real estate, fine art, carbon credits, and more. Hedonova offers a single fund structure that allows shareholders to invest without the burden of managing the day-to-day distribution of their investments. Hedonova's mission is to make alternative investments accessible to all.

Below is our LFJ Conversation with Genevievette Walker-Lightfoot:

1. Hedonova has a unique business model. Can you explain how the fund works?

Certainly, the Hedonova fund operates on a single fund structure, which means that instead of offering multiple funds with different risk profiles, we consolidate various alternative investments into one accessible option for investors. This simplifies decision-making for our clients, as they don't have to navigate multiple investment choices. Within this single fund, we strategically diversify across different asset classes, such as startups, real estate, art, litigation finance, and more. By spreading investments across diverse assets, we aim to manage risk effectively and potentially enhance returns for our investors.

2. How do you make it possible for investors worldwide to access alternative investments?

We prioritize global access to alternative investments through several means. Firstly, we leverage user-friendly online platforms, making it easy for investors worldwide to explore and invest in our fund. Hedonova has established and operates four feeder funds within its international framework across various jurisdictions, each meticulously structured under the relevant local laws. Additionally, we establish strategic partnerships with financial institutions across different regions, enabling us to reach a wider audience. Through these partnerships, we ensure that investors from various parts of the world can seamlessly participate in our fund, tapping into the opportunities offered by alternative investments. 

3. How are you adapting your business to the new regulatory requirements of the SEC’s Private Adviser Rule?

Adapting to the new regulatory requirements of the SEC’s Private Adviser Rule is a key focus for us. We're enhancing our compliance measures and transparency practices to align with the regulatory framework. This involves thorough reviews of our operations and investment processes to ensure compliance. Additionally, we're strengthening our communication channels with investors, providing them with clear and transparent information about our fund and its compliance with regulatory requirements. We aim to maintain trust and confidence in our operations by prioritizing investor protection and regulatory compliance.

4. Are there unique challenges in the Litigation Funding space for Hedonova?

Yes, the Litigation Funding space presents its own set of unique challenges. One significant challenge is assessing the financial viability of litigation cases. We carefully evaluate factors such as potential costs associated with litigation, the likelihood of successful resolution, and the estimated timeline for outcomes. Maintaining transparent communication with all parties involved, including law firms and plaintiffs, is crucial. We navigate these challenges by implementing rigorous evaluation processes and fostering open dialogue with our partners, ensuring alignment of interests and effective management of risks.

5. What are the advantages for investors in litigation finance?

Investors stand to gain several advantages from investing in litigation finance. Firstly, it offers the potential for high returns, as successful litigation cases can result in significant settlements or awards. Additionally, litigation finance typically involves shorter investment horizons than traditional investments, allowing investors to realize returns within a shorter timeframe. Moreover, litigation finance often exhibits a low correlation with traditional markets, providing diversification benefits to investors. By incorporating litigation finance into their portfolios, investors can access alternative sources of income and enhance overall portfolio resilience.

6. What are the types of litigation finance cases that Hedonova has invested in?

Hedonova has invested in various types of litigation cases across different sectors. These include commercial lawsuits, intellectual property disputes, class action lawsuits, and more. Each case undergoes a thorough evaluation process, where we assess its financial viability, the strength of legal arguments, and the expertise of the legal team involved. By diversifying across different litigation cases, we aim to spread risk and maximize potential returns for our investors.

7. How can investors use litigation finance to diversify their portfolios?

Investors can utilize litigation finance to diversify their portfolios by capitalizing on its non-correlation with traditional assets, as returns from legal cases are often unaffected by economic fluctuations. Diversification within the litigation finance asset class itself spreads risk across various cases with different risk profiles, mitigating the impact of any single case's outcome. With the potential for high returns and exposure to alternative assets beyond stocks and bonds, litigation finance offers a unique avenue for portfolio diversification. Additionally, investors gain access to specialized legal expertise and thorough due diligence processes conducted by litigation finance firms, enhancing their investment decisions. As the litigation finance industry matures, it presents opportunities for long-term growth, making it an attractive option for investors seeking to broaden their investment horizons.

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The LFJ Podcast

Episode 87: Marci Waterman

Hosted By Marci Waterman |

Our guest today is Marci Waterman, President of Sterling Analytics. Sterling Analytics audits billions of dollars of legal spend annually to help companies manage their outside legal expenses through a reliable and consistent process of review.

Prior to joining Sterling Analytics, Marci was a New York City prosecutor in the Major Narcotics Unit serving as a felony trial attorney. Marci also serves as Chief Operating Officer of SterlingRisk — one of the nation’s top independently owned insurance brokerage firms — where she oversees the company’s activities.

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LFJ Conversations

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LFJ Conversation

An LFJ Conversation with Genevievette Walker-Lightfoot

By John Freund |

Genevievette Walker-Lightfoot brings extensive expertise in compliance, risk management, and regulatory affairs. As the Managing Member of The Law Offices of Genevievette Walker-Lightfoot, P.C., she ensures SEC-regulated entities adhere to compliance standards. With ties to FINRA and previous positions at the Federal Reserve Board and the U.S. Securities and Exchange Commission, she has been listed among The Hedge Fund Journal's Top 50 Women in Hedge Funds.

Hedonova, established in 2020, specializes in alternative investments, encompassing a diverse range of assets such as startups, real estate, fine art, carbon credits, and more. Hedonova offers a single fund structure that allows shareholders to invest without the burden of managing the day-to-day distribution of their investments. Hedonova's mission is to make alternative investments accessible to all.

Below is our LFJ Conversation with Genevievette Walker-Lightfoot:

1. Hedonova has a unique business model. Can you explain how the fund works?

Certainly, the Hedonova fund operates on a single fund structure, which means that instead of offering multiple funds with different risk profiles, we consolidate various alternative investments into one accessible option for investors. This simplifies decision-making for our clients, as they don't have to navigate multiple investment choices. Within this single fund, we strategically diversify across different asset classes, such as startups, real estate, art, litigation finance, and more. By spreading investments across diverse assets, we aim to manage risk effectively and potentially enhance returns for our investors.

2. How do you make it possible for investors worldwide to access alternative investments?

We prioritize global access to alternative investments through several means. Firstly, we leverage user-friendly online platforms, making it easy for investors worldwide to explore and invest in our fund. Hedonova has established and operates four feeder funds within its international framework across various jurisdictions, each meticulously structured under the relevant local laws. Additionally, we establish strategic partnerships with financial institutions across different regions, enabling us to reach a wider audience. Through these partnerships, we ensure that investors from various parts of the world can seamlessly participate in our fund, tapping into the opportunities offered by alternative investments. 

3. How are you adapting your business to the new regulatory requirements of the SEC’s Private Adviser Rule?

Adapting to the new regulatory requirements of the SEC’s Private Adviser Rule is a key focus for us. We're enhancing our compliance measures and transparency practices to align with the regulatory framework. This involves thorough reviews of our operations and investment processes to ensure compliance. Additionally, we're strengthening our communication channels with investors, providing them with clear and transparent information about our fund and its compliance with regulatory requirements. We aim to maintain trust and confidence in our operations by prioritizing investor protection and regulatory compliance.

4. Are there unique challenges in the Litigation Funding space for Hedonova?

Yes, the Litigation Funding space presents its own set of unique challenges. One significant challenge is assessing the financial viability of litigation cases. We carefully evaluate factors such as potential costs associated with litigation, the likelihood of successful resolution, and the estimated timeline for outcomes. Maintaining transparent communication with all parties involved, including law firms and plaintiffs, is crucial. We navigate these challenges by implementing rigorous evaluation processes and fostering open dialogue with our partners, ensuring alignment of interests and effective management of risks.

5. What are the advantages for investors in litigation finance?

Investors stand to gain several advantages from investing in litigation finance. Firstly, it offers the potential for high returns, as successful litigation cases can result in significant settlements or awards. Additionally, litigation finance typically involves shorter investment horizons than traditional investments, allowing investors to realize returns within a shorter timeframe. Moreover, litigation finance often exhibits a low correlation with traditional markets, providing diversification benefits to investors. By incorporating litigation finance into their portfolios, investors can access alternative sources of income and enhance overall portfolio resilience.

6. What are the types of litigation finance cases that Hedonova has invested in?

Hedonova has invested in various types of litigation cases across different sectors. These include commercial lawsuits, intellectual property disputes, class action lawsuits, and more. Each case undergoes a thorough evaluation process, where we assess its financial viability, the strength of legal arguments, and the expertise of the legal team involved. By diversifying across different litigation cases, we aim to spread risk and maximize potential returns for our investors.

7. How can investors use litigation finance to diversify their portfolios?

Investors can utilize litigation finance to diversify their portfolios by capitalizing on its non-correlation with traditional assets, as returns from legal cases are often unaffected by economic fluctuations. Diversification within the litigation finance asset class itself spreads risk across various cases with different risk profiles, mitigating the impact of any single case's outcome. With the potential for high returns and exposure to alternative assets beyond stocks and bonds, litigation finance offers a unique avenue for portfolio diversification. Additionally, investors gain access to specialized legal expertise and thorough due diligence processes conducted by litigation finance firms, enhancing their investment decisions. As the litigation finance industry matures, it presents opportunities for long-term growth, making it an attractive option for investors seeking to broaden their investment horizons.

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LFJ Conversation

An LFJ Conversation with Neil Purslow

By John Freund |
Neil Purslow co-founded Therium in 2008 and is a director of Therium Capital Management Limited and the firm’s Chief Investment Officer. Neil is a solicitor with over 26 years’ experience and was previously Litigation Counsel in-house for Marsh & MacLennan Companies, Inc. (MMC). Prior to this he was in practice in the City of London with US firm Reed Smith and Withers. Neil is Chair of the Executive Committee and on the management committee of ILFA, he is also a board member of the Association of Litigation Funders, the self-regulatory body for the litigation funding industry in England and Wales. Neil has given expert evidence on litigation funding and speaks regularly at conferences and is often quoted in the media on issues related to the industry and asset class. He gained an MA in Jurisprudence from the University of Oxford (1995). Neil Purslow was ranked as a Tier 1 individual in litigation finance by Chambers and Partners, Leaders League, Law Dragon and other directories. Below is our LFJ Conversation with Neil Purslow: As the PACCAR situation continues to develop, how do you think this will ultimately play out?  Will the litigation funding industry face enhanced regulation in the UK going forward? The steps the Government has taken in response to PACCAR have been very positive and reaffirm the Government’s recognition of the importance of the litigation funding industry in supporting access to justice and the UK legal sector. The Litigation Funding Agreements (Enforceability) Bill (LFA Bill), which is presently going through Parliament, will reverse the PACCAR decision and reestablish the Government’s original policy intent, ensuring continued access to third-party funding in the UK.  The Bill is expected to be passed before the summer recess at the end of July. The benefits of funding were highlighted throughout the recent debate on the Bill in the House of Lords, in particular that funding enables access to justice and upholds the rule of law, enabling ordinary individuals and SMEs to bring claims against better resourced companies and institutions, such as the Post Office. Several Lords even made the point that funders’ returns were fair, given the significant risks involved in funding litigation, especially against large and deep pocketed defendants. This week, the Civil Justice Council (CJC) published the terms of reference for its review of third party litigation funding. It is extremely encouraging that the CJC is committed to making litigation funding more accessible in order to improve access to justice and fairness for all, so that claimants like the sub-postmasters, can seek redress against large corporations.  The litigation finance industry shares that aim. Whatever the outcome of the review, regulation will need to align with the government’s goals of furthering access to justice. The risk with any regulatory regime is that it can have unintended consequences, which could ultimately disadvantage claimants by limiting the availability of funding and curtailing access to justice. How should the industry respond to calls for regulation? Some stakeholders are suggesting that litigation funders should lead the charge here. Do you agree or disagree, and why?  The industry has always taken a proactive approach to regulation through the UK’s Association of Litigation Funders (ALF) and its Code of Conduct which has been influential in setting standards in litigation funding, both for members and non-members alike in the UK and elsewhere.  Litigation funders are already subject to Court’s oversight.  The industry has nevertheless rightly welcomed the CJC review as an opportunity to take a fresh look at the sector and the positive role that it plays in the legal system and how the review can improve access to litigation funding. Consistent with many of the speeches in the House of Lords on the LFA Bill as well as the CJC’s stated objective, the starting point for the review must be the recognition that in the absence of legal aid and with the high cost of litigation, litigation funding is an important and essential tool to provide access to justice.  Any proposals arising from the review should promote the potential for litigation finance to perform that role. The review of the industry provides an opportunity to examine any other changes that would improve the availability of funding to claimants and also deliver better financial outcomes for claimants in litigation.  For instance, empowering the Courts to order defendants to pay successful claimants’ funding and insurance costs would result in significantly improved financial outcomes for claimants and disincentivise the defence strategy of running up costs to stifle claims, seen so starkly in the Post Office litigation. Any regulatory proposals should seek to address a problem and there should be clear evidence that such a problem exists.  Self-regulation of the industry has worked well in practice for over 10 years and litigation finance arrangements have many checks and balances already built in, not least the involvement of lawyers advising claimants on their litigation funding arrangements.  There is an important role for the International Legal Finance Association (ILFA) and the ALF to provide the CJC with an understanding of how claims are funded in practice. Any proposal for regulation must also be workable and effective.  The industry witnessed the impact of the clumsy and inappropriate regulation brought in by the Liberal government in Australia which significantly impeded the proper functioning of the industry for a period until the regulation was withdrawn.  The UK should be wary of falling into that trap. ILFA and ALF are ideally placed to assist the CJC in understanding the practice of litigation finance and the opportunities that exist to make the best use of its potential in upholding the rule of law.  Both organisations will work constructively with policy makers to ensure that the review supports greater access to justice for consumers and SMEs and maintains the UK’s place as a leading global legal centre. Has PACCAR influenced your investment thesis at all? Are you adapting your underwriting standards in any way - either in the UK, or globally?  In common with the entire UK market, Therium has had to take steps as far as possible to mitigate the potential effects of PACCAR.  That in itself has been time consuming and there has been opportunistic satellite litigation which has both wasted Court time and cost money.  The LFA Bill however will restore the pre-PACCAR position for both existing and future funding arrangements, which will remove the uncertainties that PACCAR has created and restore the ability of funders to offer funding to as many cases as possible.  It also preserves the viability of the CAT collective proceedings regime, which is reliant on funding. The Government’s response to PACCAR has demonstrated that it understands and values the benefits that the litigation finance sector brings and that it reinforces the attractiveness of the UK as a jurisdiction in which to invest.  From a public relations perspective, what more can the industry do to convince legislators and the general public that litigation funding is ultimately a force for positive change in the world?  The Post Office scandal has been an important example of how civil litigation can play a pivotal role in righting a huge miscarriage of justice. In turn, the media coverage has been a game changer in increasing awareness of the vital role that litigation finance plays in providing access to justice.  That example continues to resonate with the public and with legislators, with its effects felt both domestically and also internationally. ILFA plays an essential role in helping legislators and policymakers to understand litigation finance and in countering misinformation about the industry pedalled by corporate lobbyists such as the US Chamber of Commerce and their proxies like Fair Civil Justice and its forerunner, Justice Not Profit, which unsuccessfully tried to derail the introduction of the collective proceedings regime in the CAT in 2015. Their objective is to limit access to justice and frustrate litigation against big corporate wrongdoers. It is also important that the benefits of litigation funding to upholding the rule of law are appreciated more widely. Lord Sandhurst made the point in the House of Lords that the absence of legal remedies damages our economic system and the society in which we live.  Finding funding mechanisms to achieve legal remedies for individuals and small and medium sized businesses who do not have the resources to achieve this is of social value and in the public interest. Being able to enforce legal rights is essential for a functioning market economy.  According to Bain and Co’s Transatlantic Confidence Index, the rule of law remains one of the most appealing reasons to invest in the UK. At an event at Gray’s Inn that was supported by The Law Society and the Bar Council, Shadow Justice Secretary, Shabana Mahmood made her first major speech since assuming the role in which she expressed her desire for the UK be home to the fastest growing legal sector in the world. The availability of litigation funding will undoubtedly help to ensure that the UK retains its position as a leading global disputes hub that currently contributes £34 billion to the UK economy each year.
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LFJ Conversation

An LFJ Conversation with Michael Kelley, Partner, Parker Poe

By John Freund |
Parker Poe traces its roots to 1884, when it was founded by a future North Carolina Supreme Court justice. In the early 1950s, World War II veterans Francis Parker and Bill Poe became partners. Their names and commitment to public service have been part of the fabric of the firm ever since. ‘LFJ Conversations’ is an original content series produced by the editorial team at Litigation Finance Journal and featuring the leading thought leaders from throughout the global litigation finance community.’ For more than a century, Parker Poe has represented many of the Southeast’s largest companies and local governments in transactions, regulatory issues, and complex litigation. The business law firm has more than 250 attorneys serving clients from eight offices in Charlotte and Raleigh, North Carolina; Charleston, Columbia, Greenville, and Spartanburg, South Carolina; Atlanta, Georgia; and Washington DC. Parker Poe uses a cross-disciplinary, collaborative approach to provide comprehensive solutions to their clients. What led you to make the move to Litigation Finance? My move to Litigation Finance was coincidental. In 2012, a litigation funder retained me to assist with the structuring and formation of its second international fund. Shortly after, they offered me the opportunity to work on all their litigation funding transactional work. In the past ten years, my litigation funding practice has grown exponentially, representing over 90% of my professional time. Litigation funding allows me to practice and use both areas of my background in finance and law. Moreover, the bespoke nature of litigation finance transactions requires creativity to achieve the right mix of aligned incentives for all parties involved in the transaction. I appreciate this remarkable opportunity to foster the growth of and to help define this maturing asset class. And I love working with all my clients, whether they are litigation funders, law firms, or claimants. How does your experience in non-profits and social impact investments inform your work in Litigation Finance? People frequently ask me about the corporate-related work I rely on for structuring litigation finance transactions. More than M&A, I rely on my investment funds formation background for finding creative solutions to unique structuring challenges. I have especially drawn on my work with social impact investment funds and transactions. For example, I have created mini-funds of pooled capital that play a first-loss capital tranche role, providing those investors an opportunity for out-size return while paving the way for raising traditional litigation finance. Traditional litigation funders have appreciated having that first-loss cushion to mitigate the risk of loss on their investment (a form of insurance). For the funded party, the first-loss pooled capital tranche unlocked the door to receive an aggregate of $60 million for financing a portfolio of claims. I have also drawn on my fund formation work for structuring innovative waterfall structures to balance incentives among participants in the litigation funding transaction. Can you talk about the interplay between Litigation Funding and social justice? It is often cliche that litigation funding provides access to justice. However, every day I see highly meritorious claims that would otherwise not be able to be advanced but for litigation finance. I have seen this in individual claims and portfolios of claims across a wide range of cases, including intellectual property, international arbitration, corporate disputes, and, of course, in the personal injury and mass tort space. Money alone should not be the sole barrier to pursuing meritorious claims. Litigation Finance helps level the financial playing field for claims prosecution/monetization. How do you think GCs can be convinced to utilize Litigation Funding? I was a GC for over 17 years and wish I had access to litigation finance during that time. The value proposition for GCs and in-house legal departments is clear: legal claims are assets that can and should play a vital role in a company’s financial health and growth. Litigation finance permits GCs to turn dormant claims or claims they cannot otherwise pursue due to financial budgets into sources of revenue. Instead of in-house legal teams being viewed solely as cost centers, those departments can become revenue and profit centers for the companies without adding any additional legal risk to the company. In addition, the GCs can become heroes inside their companies! I would even go so far as to say that GCs not taking advantage of litigation funding to pursue their company’s claims are not acting responsibly. I would further argue the same for law firms who need to understand litigation funding and what it can do for law firm clients and build contacts in the industry to properly service law firm clients. Michael P. KelleyPartner, Parker Poe Kelley is a thought leader in the industry with more than ten years of experience assisting US and International litigation funders, law firms, and claimants. He is one of Lawdragon’s “Top 10 Global Advisors in Litigation Finance” and a frequent speaker on key industry issues. Kelly has over 25 years of experience in the legal finance industry. He is the former general counsel of EMP Global, overseeing $8 billion in assets across different investment funds in emerging markets. He has a JD from Antonin Scalia School of Law, George Mason University, and a Ph.D. from the London School of Economics and Political Sciences.
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Podcasts

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The LFJ Podcast
Hosted By Nicole Clark |

Our guest today is Nicole Clark, CEO and Founder of Trellis Law. Trellis democratizes access to the law by making state trial court records and legal data more accessible.

Prior to founding Trellis, Nicole specialized in business litigation and labor and employment matters at O’Connell Attmore & Morris, Liner, Andrews Lagasse Branch + Bell, and Newmeyer & Dillion.

The LFJ Podcast
Hosted By Invenio LLP |

In this episode, we sat down with Blake Trueblood and Ed Gehres, founding partners of Invenio, LLP. Invenio is a leading provider of legal services for those navigating the complexities of the litigation finance industry, and Blake and Ed have extensive experience in claimant funding, law firm lending, and litigation supported by third-party funding.

The LFJ Podcast

Episode 87: Marci Waterman

Hosted By Marci Waterman |

Our guest today is Marci Waterman, President of Sterling Analytics. Sterling Analytics audits billions of dollars of legal spend annually to help companies manage their outside legal expenses through a reliable and consistent process of review.

Prior to joining Sterling Analytics, Marci was a New York City prosecutor in the Major Narcotics Unit serving as a felony trial attorney. Marci also serves as Chief Operating Officer of SterlingRisk — one of the nation’s top independently owned insurance brokerage firms — where she oversees the company’s activities.

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Community Spotlights

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Community Spotlights

Member Spotlight: Andrew Bourhill

By John Freund |

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.

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Community Spotlights

Member Spotlight: Stuart Price

By John Freund |

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 Websitehttps://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.

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Community Spotlights

Member Spotlight: Sam Klatt

By John Freund |

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:   

  • Flexibility – members have full discretion over whether to invest on an offering-by-offering basis.  
  • Alignment – principals commit material personal capital to every offering.   
  • Institutional resources – a dedicated investment team that sources, monitors, and diligences each offering.  

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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