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Community Spotlight: David Kerstein, Founder & Managing Director, Arcadia Finance

Community Spotlight: David Kerstein, Founder & Managing Director, Arcadia Finance

An early adopter of litigation finance with ten years of experience as a funding professional, David Kerstein uses his depth of knowledge and experience to serve as a trusted and strategic partner and advisor to lawyers and clients seeking to manage litigation risk and spend.

Dave is a sought-after speaker and recognized leader in litigation finance who has been named among Lawdragon’s “Global 100 Leaders in Legal Finance” and selected by Who’s Who Legal as a “Thought Leader in Third Party Funding.” Prior to founding Arcadia Finance in June of 2024 with fellow Managing Directors Ronit Cohen and Joshua Libling, he served as Validity Finance’s Managing Director and Senior Investment Officer.

In addition to co-leading Validity’s origination and structuring teams, he helped to guide Validity’s strategic growth into new and expanded markets and avenues for investment. Prior to joining Validity, Dave was a senior investment manager at Bentham IMF, now Omni Bridgeway. Before entering the world of litigation finance, Dave spent fifteen years as a trial lawyer handling complex commercial disputes at Gibson Dunn. With his deep experience as a litigator, Dave understands the landscape attorneys and their clients face when pursuing important claims and is uniquely positioned to help them navigate it. As a long-suffering Jets, Mets, Knicks and Islanders fan, Dave is keenly aware that facing adversity can build character. He knows that every litigation has obstacles that must be overcome but that those obstacles can be used as stepping-stones that guide us to achieving our goals.

Company Name and Description: At Arcadia Finance, we go beyond traditional litigation finance to provide frictionless funding, empowering clients and partners to achieve their legal goals through customized financial solutions and unparalleled support. Our seamless collaboration, clear deal terms, and broad mandate empower clients to navigate challenges, make informed decisions, and secure capital – fast. Led by industry veterans with over $400 million invested across 80+ deals, Arcadia Finance offers adaptable solutions for all–from litigation boutiques to AmLaw firms and corporations. Arcadia Finance’s mission is to invest in meritorious litigation, and with backing from multiple and flexible capital providers, we find new ways to help clients and law firms finance, monetize, and share risk on their legal assets. Our solutions include everything from traditional single-case funding and law firms portfolios, to purchasing companies or patent portfolios whose primary value is litigation. At every stage from pre-litigation to appeal and enforcement, Arcadia has the experience, flexibility, and capital to assist.

Company Website: arcadiafin.com

Year Founded: 2024

Headquarters: New York, New York

Area of Focus: With a focus on U.S.-based commercial and patent litigation and domestic and international arbitration, Arcadia Finance is open to the full spectrum of litigation-based assets, from mass torts to law firm lending to patent acquisition, including cross-border and offshore matters. We consider cases in all federal and state courts, as well domestic and international arbitrations.    

Member Quote: “Over my 25+ years of work in the legal and litigation finance industries, I’ve seen firsthand how meritorious claims can falter due to financial constraints. That’s why I’m passionate about litigation funding – it ensures that the strength of a case, not the size of a wallet, determines its outcome.”

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Op-Ed Ties California Litigation Costs to Rising Cost of Living

A commentary published this week argues that California's litigation environment functions as an unofficial tax on businesses and consumers, adding to the state's cost of living at a moment when affordability dominates its politics.

As reported by California Globe, the piece by John Allard, a former mayor of Roseville with more than two decades as a small business owner, sets national tort costs at $529 billion in 2022, equivalent to 2.1% of GDP, and cites projections that the figure could exceed $900 billion by 2030. Within California, the author points to 199 nuclear verdicts between 2013 and 2022 totalling more than $9 billion.

Much of the argument focuses on state-specific mechanisms. Allard highlights the Private Attorneys General Act, noting that claims routed through the state review process resolve 52% faster while workers receive 67% less compensation than in court-filed claims, and describes Proposition 65 as having produced an industry of citizen enforcers, with settlements rising from $26 million across 890 settlements in 2022 to more than $101 million across over 1,300 settlements more recently. The commentary also flags the Gilead "duty to innovate" case as an example of novel liability theories reaching the state's highest court.

Third-party litigation funding appears only in passing, referenced in connection with Georgia's 2025 reforms rather than through California-specific data. That absence is itself notable: the state has no funding disclosure or registration statute, and the op-ed offers no estimate of funded case volume within its cost figures.

The piece is advocacy rather than analysis, and its figures come from tort reform sources whose methodology has been contested. It nonetheless illustrates how the cost-of-living frame is being applied to litigation policy in the largest state yet to legislate on funding, and where a disclosure debate has so far failed to gain traction.

Novarex Capital Partners Closes Initial £5 Million Funding Round

London-based Novarex Capital Partners has completed an initial £5 million funding round, with a second round already underway as part of a broader capital programme.

According to ACCESS Newswire, the firm describes itself as a specialist introduction platform focused on private credit, litigation finance and structured capital, identifying opportunities for sophisticated investors seeking access to private markets. The proceeds of the initial round support the working capital requirements of an SRA-regulated law firm engaged in the preparation of eligible claims, operating in accordance with SRA standards and maintaining professional indemnity insurance.

The company said each stage of funding is designed to align with operational requirements while adhering to relevant regulatory frameworks. A second round is advancing, with a further round planned.

The structure reflects a financing model that has become increasingly common in the UK claims market, where capital is deployed against a law firm's working capital needs during claim preparation rather than committed to individual matters. That approach places the funder's exposure at the firm level, tied to the pace at which eligible claims are built and progressed, and depends heavily on the quality of the underlying claim pipeline and the discipline of the regulated firm carrying out the work.

The raise is modest by the standards of the institutional funds that have dominated recent fundraising headlines, but it sits in a segment of the UK market that has drawn scrutiny following a series of failures among smaller funders and claims businesses over the past year. Whether Novarex's staged capital programme reaches its later rounds will offer some indication of investor appetite for law firm working capital exposure at a moment when that risk is under closer examination.

Auto Injury Claim Costs Outpaced Medical Inflation for Five Straight Years, Study Finds

Average payments on U.S. auto bodily injury claims rose at more than double the rate of medical care inflation between 2017 and 2022, according to a new Insurance Research Council study drawn from one of the largest claims datasets assembled for the line.

As reported by Insurance Business, the IRC analysed more than 7.4 million auto injury claims closed with payment over the five-year window, pooled from nine insurers representing roughly 43% of the U.S. private passenger auto market. Average bodily injury claim payments climbed from approximately $14,000 in 2017 to more than $20,000 in 2022, an annualised increase of 7.8% that accelerated markedly after 2020.

The study points to attorney involvement as a central variable. Legal representation among claimants rose from 40% in 2017 to nearly 50% by 2022, with bodily injury claimants showing the sharpest movement at 11 percentage points, while litigation rates nearly doubled from 10% to 18%. Medical bills increasingly functioned as a multiplier rather than a fixed cost: for each dollar of medical expense, total settlement value rose from $1.80 in 2017 to $2.30 by 2022.

The outcomes data complicates the picture for claimants. Represented claimants saw median closure times of 440 days against under 220 days for unrepresented claimants, and after accounting for medical costs and legal fees, netted $1.40 per dollar of medical bills compared with $1.80 for those without representation. IRC's Patrick Schmid tied the trend to settlement pressures and their downstream effect on auto insurance affordability.

The findings arrive as insurers and trade groups press state and federal lawmakers on third-party litigation funding disclosure, and the report's framing of structural cost drivers is likely to feature in that argument. The dataset's scale gives the numbers unusual weight in a debate that has often turned on contested estimates.