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Certum Group Survey: 70% of In-House Counsel Know Litigation Funding, Only 6% Have Used It

August 25, 2026

Certum Group Survey: 70% of In-House Counsel Know Litigation Funding, Only 6% Have Used It

A new research brief from litigation finance and insurance provider Certum Group finds that corporate legal departments are broadly aware of litigation risk transfer products but almost never use them, a gap the firm describes as “the next frontier in corporate litigation strategy.”

According to the brief published by Certum Group, which surveyed 44 General Counsel and in-house litigation attorneys, roughly 70% of respondents are familiar with litigation funding but have never used it, while only about 6% have. The brief was authored by Kevin Skrzysowski, a Director at Certum Group, whose litigation funding team also includes Director William Marra, a former U.S. Supreme Court clerk.

The survey characterises in-house litigation risk as operational rather than existential. Employment and intellectual property disputes drew the highest concern levels, while roughly two-thirds of respondents reported no concern at all about antitrust or mass tort exposure. Decision-making was consistent across defensive and affirmative matters, with likelihood of success (~84%) and cost to pursue (~74%) the most frequently cited factors.

On affirmative claims, respondents said they would be more likely to proceed if cost and risk could be shifted to an insurer (~62%), a contingent-fee firm (~49%) or through claim monetisation (~46%). A litigation funder ranked lowest at ~28%. Looking forward, however, roughly 51% said they would consider litigation funding, ahead of capital protection insurance (~43%) and claim monetisation (~41%), with about 30% ruling out all such products.

Cost certainty (~51%) and budget constraints (~46%) were the leading drivers of interest. Among the small group that has used litigation funding, two-thirds reported satisfaction with the decision.

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Commercial

Chariot Claims Raises $10M Series A to Scale Mass Consumer Arbitration Claims

Chariot Claims has closed a $10 million Series A round to expand a platform that sources and pre-qualifies consumer claims for mass arbitration, bringing total funding to $15.7 million.

As reported by LawNext, the round was led by Silverton Partners, with general partner Mike Dodd participating, alongside Indicator Ventures, Lightbank, Neon Fund, ZVC, Rosecliff, Alumni Ventures, FJ Labs, Graph Ventures and Vermilion. The company previously raised a $3.6 million seed round led by Indicator Ventures in April 2025.

Founded in 2023 as ClaimClam and rebranded in 2025, the company is led by chief executive Zim Hang. It generates more than 200,000 pre-qualified claims a month across roughly 80 active corporate cases. Chariot Claims is not a law firm.

The business is built on a participation gap. Only about 4% of harmed consumers file claims, and the company reports that its users recover an average of roughly $460, compared with the $32 average identified in a Consumer Financial Protection Bureau analysis of class action distributions.

Proceeds will fund investment in artificial intelligence and expansion into children's data privacy, financial privacy and healthcare privacy claims, as well as defences against corporate retaliation. The company has more than doubled its headcount.

The raise reflects continued investor appetite for claim aggregation infrastructure, which sits adjacent to litigation finance and increasingly competes with it for the same consumer-facing claim volume.

Commercial

Rugby Concussion Litigation Survives Collapse After Funder Covers £1.5m Costs Order

The long-running rugby concussion group litigation has been pulled back from collapse after an eleventh-hour £1.5m payment satisfied a court-ordered costs liability owed to World Rugby and the Rugby Football Union.

As reported by Yahoo Sports, commercial litigation funder Asertis remained in place after the claimants changed law firms, meaning the costs order could be met. Had the payment not been made, the claims of roughly 1,000 former players would have been at risk.

The payment follows a reprieve granted in August, when Senior Master Jeremy Cook handed down a 13,500-word judgment granting relief from sanction in principle after Richard Boardman's Rylands Garth was replaced by KP Law. The claims of Phil Vickery and Steve Thompson had previously been ruled strike-out-worthy. Defendants had sought more than £2.8m in total, with Rugby Union costs assessed at £2.5m across World Rugby, the RFU and the WRU, and 60% ordered on an interim basis.

The litigation is not out of danger. Some 377 claimants still face automatic dismissal unless medical records are provided by the end of the month.

The episode is a clear illustration of a funder's role beyond case capital. Where a claimant group incurs an adverse costs order mid-proceeding, the funder's willingness to stand behind it determines whether the litigation continues at all. Asertis's decision to remain committed through a change of solicitor preserved a case begun in 2022.

Commercial

UFC Fighters Resist Discovery Into Who Is Funding Their Wage-Fixing Case

Mixed martial arts fighters suing the UFC over alleged wage suppression are pushing back against the organisation's effort to obtain information about the litigation funding behind their case, characterising the request as a distraction from the merits of the antitrust claims.

As reported by Law360, the fighters' opposition follows the UFC's move earlier this month to press a Nevada federal judge to pull back the curtain on who is financing the proceedings. The dispute arises in Johnson et al v. Zuffa, LLC et al, No. 2:21-cv-01189, in the U.S. District Court for the District of Nevada. The October 15 report was written by Alex Lawson.

The case was filed in June 2021 by Kajan Johnson and C.B. Dollaway against Zuffa and Endeavor Group Holdings, and covers fighters competing from 2017 onward. It is the successor to Le v. Zuffa, which settled for $375 million covering bouts between December 2010 and June 2017 and received final approval from Judge Richard F. Boulware in February 2025 without any accompanying changes to the UFC's business practices.

Funding discovery has become a standard defence tactic in large antitrust and class proceedings, and the fighters' objection tracks arguments made by claimants elsewhere: that the identity of a funder is irrelevant to liability. The case has already generated other discovery friction, including a sanctions motion in February over alleged evidence destruction.