Trending Now
  • Joint Liability Proposals Threaten Consumer Legal Funding
Community Spotlights

Community Spotlight: Garrett Ordower, Partner, Scale LLP

By John Freund |
April 3, 2025

Community Spotlight: Garrett Ordower, Partner, Scale LLP

Garrett is a seasoned attorney and head of Scale LLP’s Litigation Finance Team. With extensive experience across both commercial and consumer litigation finance sectors, Garrett brings a uniquely comprehensive perspective to the field. He has developed specialized expertise in sourcing, evaluating, structuring, and managing diverse funding arrangements, from single-case investments to complex law firm portfolio facilities. Throughout his career, Garrett has successfully navigated intricate and often contentious workouts involving various stakeholders, including claimholders, attorneys, funders, and medical providers.

Beyond traditional litigation finance, Garrett has emerged as a thought leader in legal innovation. He advises on sophisticated structuring and ethics issues for startups in litigation finance, LegalTech, JusticeTech, and advises on a broad range of ethics issues including emerging issues relating to the use of artificial intelligence to deliver legal services to both consumers and businesses. His expertise extends to alternative business structures and two-company models that enable innovative legal service delivery while maintaining ethical compliance. Garrett is licensed to practice in New York, Illinois, and Arizona.

Garrett began his career as a litigator at Wachtell, Lipton, Rosen & Katz, engaging in significant litigation and white collar matters. He then transitioned to one of the pioneering commercial litigation funders, Lake Whillans Litigation Finance, as a managing director. At Lake Whillans, Garrett participated in tens of millions in litigation finance deals including asset purchases, law firm lending portfolios, and claimholder funding. His articles on litigation finance topics have been widely published, and he was recognized as one of Lawdragon’s Global 100 Leaders in Litigation Finance.

Garrett then joined Mighty Group, Inc., as its General Counsel following the company’s Series B raise. He handled all legal aspects of Mighty’s significant consumer litigation finance portfolio, which included investments in medical receivables, pre-settlement advances, and law firm lending. Garrett also played a pivotal role in helping Mighty create an innovative tech-forward competitor to existing personal injury law firms.

Since joining Scale, Garrett has focused his practice on helping innovative companies in the legal and litigation finance spaces. As head of the Litigation Finance Team, Garrett has helped litigation finance companies with fund structures, commercial and consumer transactions, and ethics and regulatory advice. Garrett has also advised a wide variety of LegalTech and JusticeTech companies on structuring their businesses in order to achieve their goals in an ethical and compliant manner, including doing so through the use of AI.

Prior to practicing, Garrett graduated from the University of Chicago Law School where he was Editor-in-Chief of the University of Chicago Law Review, and clerked on the Northern District of Illinois and the Second Circuit Court of Appeals. Garrett maintains an active pro bono practice and recently secured the vacatur of his client’s manslaughter conviction. Prior to law school, Garrett worked as a newspaper reporter and investigative journalist.

Company Name and Description: Scale LLP, a full-service, national law firm that rethinks the traditional law firm model. Scale provides a tech-forward, distributed platform that reduces overhead and increases efficiency to offer the best legal talent at a competitive price-point.

Company Website: scalefirm.com

Year Founded: 2017

Headquarters: San Francisco, CA

Area of Focus: Scale LLP’s Litigation Finance Team delivers comprehensive solutions across the entire litigation funding ecosystem. We provide specialized counsel to litigation finance companies, claimholders, law firms, and investors, drawing on our team’s firsthand experience having worked on all sides of litigation finance transactions. Our services encompass fund formation, deal structuring, portfolio construction, regulatory compliance, and workout solutions and litigation related to distressed assets.

Our practice uniquely bridges both commercial and consumer litigation finance sectors, allowing us to develop innovative hybrid approaches that maximize return while managing risk appropriately. We combine deep litigation experience with sophisticated financial structuring capabilities to deliver practical advice on complex transactions ranging from single-case investments to multi-jurisdictional portfolio facilities.

Beyond traditional litigation finance, we lead the field in advising LegalTech and JusticeTech companies on cutting-edge business models that navigate regulatory complexity while promoting greater access to justice. We provide guidance on artificial intelligence implementation in legal services, addressing both the transformative potential and ethical challenges presented by these technologies. Our attorneys have pioneered compliant structures for alternative business arrangements in both traditional and emerging jurisdictions, helping clients develop sustainable competitive advantages through regulatory innovation.

Member Quote: “I work at the intersection of law, finance, and technology because I believe these convergent forces can transform our legal system. By leveraging litigation finance, legal innovation, and AI tools thoughtfully, we can build a more equitable legal landscape where outcomes are determined by merits rather than resources. Every day, I work with visionaries who are dismantling outdated structures and creating something more efficient, accessible, and just. This evolution not only enhances access to justice but also creates compelling investment opportunities in a market ripe for transformation.”

About the author

John Freund

John Freund

Commercial

View All
Commercial

Litigation Financiers Organize on Capitol Hill

By John Freund |

The litigation finance industry is mobilizing its defenses after nearly facing extinction through federal legislation last year. In response to Senator Thom Tillis's surprise attempt to impose a 41% tax on litigation finance profits, two attorneys have launched the American Civil Accountability Alliance—a lobbying group dedicated to fighting back against efforts to restrict third-party funding of lawsuits.

As reported in Bloomberg Law, co-founder Erick Robinson, a Houston patent lawyer, described the industry's collective shock when the Tillis measure came within striking distance of passing as part of a major tax and spending package. The proposal ultimately failed, but the close call exposed the $16 billion industry's vulnerability to legislative ambush tactics. Robinson noted that the measure appeared with only five weeks before the final vote, giving stakeholders little time to respond before the Senate parliamentarian ultimately removed it on procedural grounds.

The new alliance represents a shift toward grassroots advocacy, focusing on bringing forward voices of individuals and small parties whose cases would have been impossible without funding. Robinson emphasized that state-level legislation now poses the greater threat, as these bills receive less media scrutiny than federal proposals while establishing precedents that can spread rapidly across jurisdictions.

The group is still forming its board and hiring lobbyists, but its founders are clear about their mission: ensuring that litigation finance isn't quietly regulated out of existence through misleading rhetoric about foreign influence or frivolous litigation—claims Robinson dismisses as disconnected from how funders actually evaluate cases for investment.

Commercial

ISO’s ‘Litigation Funding Mutual Disclosure’ May Be Unenforceable

By John Freund |

The insurance industry has introduced a new policy condition entitled "Litigation Funding Mutual Disclosure" (ISO Form CG 99 11 01 26) that may be included in liability policies starting this month. The condition allows either party to demand mutual disclosure of third-party litigation funding agreements when disputes arise over whether a claim or suit is covered by the policy. However, the condition faces significant enforceability challenges that make it largely unworkable in practice.

As reported in Omni Bridgeway, the condition is unenforceable for several key reasons. First, when an insurer denies coverage and the policyholder commences coverage litigation, the denial likely relieves the policyholder of compliance with policy conditions. Courts typically hold that insurers must demonstrate actual and substantial prejudice from a policyholder's failure to perform a condition, which would be difficult to establish when coverage has already been denied.

Additionally, the condition's requirement for policyholders to disclose funding agreements would force them to breach confidentiality provisions in those agreements, amounting to intentional interference with contractual relations. The condition is also overly broad, extending to funding agreements between attorneys and funders where the insurer has no privity. Most problematically, the "mutual" disclosure requirement lacks true mutuality since insurers rarely use litigation funding except for subrogation claims, creating a one-sided obligation that borders on bad faith.

The condition appears designed to give insurers a litigation advantage by accessing policyholders' private financial information, despite overwhelming judicial precedent that litigation finance is rarely relevant to case claims and defenses. Policyholders should reject this provision during policy renewals whenever possible.

Commercial Regulatory Issues

Valve Faces Certified UK Class Action Despite Funding Scrutiny

By John Freund |

The UK Competition Appeal Tribunal (CAT) has delivered a closely watched judgment certifying an opt-out collective proceedings order (CPO) against Valve Corporation, clearing the way for a landmark competition claim to proceed on behalf of millions of UK consumers. The decision marks another important moment in the evolution of collective actions—and their funding—in the UK.

In its judgment, the CAT approved the application brought by Vicki Shotbolt as class representative, alleging that Valve abused a dominant position in the PC video games market through its operation of the Steam platform. The claim contends that Valve imposed restrictive pricing and distribution practices that inflated prices paid by UK consumers. Valve opposed certification on multiple grounds, including challenges to the suitability of the class representative, the methodology for assessing aggregate damages, and the adequacy of the litigation funding arrangements supporting the claim.

The Tribunal rejected Valve’s objections, finding that the proposed methodology for estimating class-wide loss met the “realistic prospect” threshold required at the certification stage. While Valve criticised the expert evidence as overly theoretical and insufficiently grounded in data, the CAT reiterated that a CPO hearing is not a mini-trial, and that disputes over economic modelling are better resolved at a later merits stage.

Of particular interest to the legal funding market, the CAT also examined the funding structure underpinning the claim. Valve argued that the arrangements raised concerns around control, proportionality, and potential conflicts. The Tribunal disagreed, concluding that the funding terms were sufficiently transparent and that appropriate safeguards were in place to ensure the independence of the class representative and legal team. In doing so, the CAT reaffirmed its now-familiar approach of scrutinising funding without treating third-party finance as inherently problematic.

With certification granted, the case will now proceed as one of the largest opt-out competition claims yet to advance in the UK. For litigation funders, the ruling underscores the CAT’s continued willingness to accommodate complex funding structures in large consumer actions—while signalling that challenges to funding are unlikely to succeed absent clear evidence of abuse or impropriety.