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

March 19, 2025

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.”

Commercial

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Commercial

King’s Speech Omits PACCAR Fix, Funding Industry Voices “Deep Disappointment”

By John Freund |

The UK government's annual legislative agenda set out in the King's Speech this week made no mention of the long-promised litigation funding bill, leaving the industry's preferred reversal of the Supreme Court's 2023 PACCAR ruling unresolved. The omission comes despite a December commitment from ministers to legislate on PACCAR and introduce a new regulatory framework for funders, and it has drawn sharp rebukes from across the third-party funding sector.

As reported by Legal Futures, counsel and funders called the absence a setback for the competitiveness of England and Wales as a litigation hub. White & Case partner Robert Wheal said the government had "recognised that uncertainty caused by the PACCAR ruling risked undermining the competitiveness of England and Wales as a global hub for commercial litigation and arbitration," adding that it was "disappointing that time has not been found for the necessary legislation."

Jeremy Marshall, chief investment officer at Winward Litigation Finance, warned that the continuing ambiguity is eroding investor appetite. "Uncertainty is unhelpful for any investor and litigation funding is no different," he said, noting that the UK's premium standing in global legal services depends on credible funding rails for both consumer and commercial claims.

Trade bodies including the Association of Litigation Funders and the International Legal Finance Association voiced "deep disappointment" at the omission. The Ministry of Justice is reportedly waiting to attach the funding legislation to a suitable vehicle bill later in the parliamentary session.

Commercial

ITC Disclosure Proposal Would Force Litigation Funding Transparency in Section 337 Cases

By John Freund |

The U.S. International Trade Commission has proposed a rule that would require parties in Section 337 intellectual property investigations to disclose their litigation funding arrangements, including the identities of entities that hold financial interests in or exercise control over case strategy and settlement decisions. The stated objective is to surface potential conflicts of interest and bring greater clarity to a venue that has become a primary forum for patent enforcement against imports.

As reported by Winston & Strawn, partner Alexander Ott discussed the proposal with Law360 and framed the disclosure regime as a tool that supports the agency's statutory mandate. "The commission's goal is to defend U.S. domestic industry," Ott said, making it important for the ITC to know "all the parties with a financial stake."

Ott suggested that commissioners could use funding information to weigh exclusion-order remedies more carefully, evaluating "how their decision helps or hurts the domestic industry ultimately." The argument lands inside a broader U.S. policy debate over whether mandatory funding disclosure should be confined to specific dockets or extended across federal courts, an issue currently before the Advisory Committee on Civil Rules.

If adopted, the ITC rule would mark the first formal, agency-level disclosure mandate aimed squarely at funded patent cases, layering a transparency obligation that plaintiffs and funders have resisted in district court litigation. The proposal is expected to draw written comments from funders, the patent bar, and large importers before the commission finalizes any change.

Commercial

Burford Capital Shareholders Approve All AGM Resolutions, Back Dividend and Capital Authorities

By John Freund |

Burford Capital shareholders approved all 16 resolutions at the company's 2026 annual general meeting, ratifying the board's director slate, a final dividend, and a full suite of capital and share-issuance authorities. Roughly 70% of the company's outstanding shares were represented at the May 13 meeting, with every resolution clearing by a comfortable majority.

According to Burford's Form 8-K filing, shareholders re-elected all seven directors standing, with support ranging from 84.78% for John Sievwright to 96.90% for CEO Christopher Bogart. The board's $0.0625-per-share final dividend was approved with 96.73% support and is payable on June 12, 2026 to holders of record on May 22.

The advisory say-on-pay vote drew 72.92% backing, the lowest level of support among the governance items, while the reappointment of KPMG as auditor was nearly unanimous at 99.89%. Shareholders also authorized the board to issue ordinary shares for general corporate purposes (96.23%), conduct market repurchases (98.01%), and disapply pre-emption rights for both general share issuances (96.90%) and acquisitions (96.52%).

The vote arrives weeks after Burford's Q1 disclosures detailing a $2.4 billion YPF-related write-down and a strategic pivot toward a more diversified portfolio. Broad shareholder support for the capital framework gives management latitude to commit fresh capital, buy back stock, or finance acquisitions as it executes that repositioning.