Trending Now
Community Spotlights

Community Spotlight: Phil Goter, Partner, Intellectual Property Group, Barnes & Thornburg

By John Freund |

Community Spotlight: Phil Goter, Partner, Intellectual Property Group, Barnes & Thornburg

Clients trust Phillip Goter to enforce and manage their valuable intellectual property. Phil counsels organizations – ranging from startups to Fortune 100 companies – around the world, managing litigation through trial and appeal, thoughtfully obtaining patents and trademarks, conducting pre-suit investigations, advising on regulatory issues, conducting due diligence and freedom to operate analyses, and resolving complex disputes.

Phil leverages his business and industry experience when working with his clients, and they value his strategic thinking and trust his counsel regarding IP strategies that protect R&D investment and product markets.

Phil, who practices in the firm’s Minneapolis office, frequently works with high-tech clients in the computer software and hardware space. His keen familiarity with computer hardware, standards-essential cellular infrastructure, 5G, GPS, mobile apps, autonomous vehicles, artificial intelligence, machine learning, computer and network security, VoIP, wireless networking, home automation, medical devices, and cloud computing aid him in providing successful outcomes for his clients.

He has deep experience providing counsel to international businesses on U.S. intellectual property matters, including representing European and Asian consumer electronics, networking and telecommunications, and pharmaceutical companies in global IP disputes. His practice includes patent litigation in U.S. district courts around the country and before the U.S. Court of Appeals for the Federal Circuit, with the majority in key patent litigation venues such as Texas, Delaware, and California.

Phil also has significant experience with complex economic matters and his cases have included competition law issues, such as monopolization, attempted monopolization, and Walker Process and sham litigation claims. He has successfully obtained lost profits verdicts in pharmaceutical cases and has commissioned and used numerous expert surveys in litigation to prove infringement, indirect infringement, rates of infringement, apportionment, lost profits, and value of the invention.

He also has in-house counsel experience. Prior to joining Barnes & Thornburg, Phil was an investment manager and legal counsel for a global, publicly traded litigation finance and legal risk management company. He advanced the company’s IP initiatives globally and handled U.S. litigation matters through the entire life cycle of the litigation funding relationship, including sourcing, evaluating, and monitoring IP and commercial investments through to resolution.

Outside of his legal practice, Phil teaches intellectual property at the University of Minnesota Law School and can often be found at the hockey rink, coaching his three children’s youth hockey teams.

Company Name and Description: With more than 800 attorneys and other legal professionals, Barnes & Thornburg is one of the largest law firms in the country. We serve clients worldwide from offices in Atlanta, Boston, California, Chicago, Delaware, Indiana, Michigan, Minneapolis, Nashville, New Jersey, New York, Ohio, Philadelphia, Raleigh, Salt Lake City, South Florida, Texas and Washington, D.C. We provide guidance in more than 50 dedicated practice areas, including litigation, intellectual property, labor and employment and corporate law. We are where you need us. Find out more at btlaw.com.

Company Website: btlaw.com

Year Founded: 1982

Headquarters: Largest office is in Indianapolis

Area of Focus: Intellectual property

Member Quote: Litigation finance has become an increasingly important financial tool for IP owners, who often find themselves disadvantaged by large, well-capitalized competitors. In this lopsided dynamic, non-recourse capital from trusted legal funders gives me the ability to right the harms inflicted upon my clients.

Secure Your Funding Sidebar

About the author

John Freund

John Freund

Commercial

View All

YPF Dispute Under Consideration in US Court

By John Freund |

A three‑judge panel of the U.S. Court of Appeals for the Second Circuit is weighing whether the case involving the Argentine nationalisation of oil company YPF should have been litigated in the U.S. in the first place. The original ruling awarded approximately $16.1 billion to minority shareholders.

An article in Finance News highlights that Burford Capital—which provided substantial litigation finance support for the plaintiffs—is now under scrutiny, and the uncertainty has already knocked more than 10 % off Burford’s share price.

According to the report, two of the appellate judges expressed scepticism about whether U.S. jurisdiction was appropriate, signalling a possible shift in the case’s trajectory. The funding provided by Burford makes this more than a corporate dispute—it's a pivotal moment for litigation funders backing claims of this magnitude. The article underscores that if the award is overturned or diminished on jurisdictional grounds, the returns to Burford and similar funders could shrink dramatically.

Looking ahead, this case raises critical questions: Will funders rethink backing multi‑billion‑dollar sovereign claims? Will lawyers and funders factor in jurisdictional risk more aggressively? And how will capital providers price that risk? The outcome could influence how global litigation finance portfolios are structured—and the appetite for large‑ticket sovereign cases.

FIO Flags Rising “Tort Tax” Driven by Third‑Party Litigation Financing

By John Freund |

A recent industry move sees the Federal Insurance Office (FIO) of the U.S. Department of the Treasury warning that the growth of third‑party litigation funding is putting fresh stress on the U.S. property‑casualty insurance sector. The FIO’s 2025 Annual Report on the Insurance Industry highlights the so‑called “tort tax” as a new burden, with insurers and consumers increasingly feeling the cost.

An article in Insurance Business explains that third‑party litigation funding—in which outside investors finance lawsuits in exchange for a share of potential settlements—is now viewed by federal regulators as a significant factor driving up claims costs for insurers.

The report quantifies the burden, pointing to an average annual cost exceeding $5,000 per household. In response, insurance trade groups like the American Property Casualty Insurance Association (APCIA) are throwing their weight behind federal bills such as the Litigation Transparency Act of 2025 and the Protecting Our Courts from Foreign Manipulation Act of 2025, both of which aim to bring greater scrutiny and disclosure to litigation funding practices.

The report also draws on lessons from state-level reforms. In Florida, new legislation that slashed legal filings by over 30% has already helped insurers reduce premiums and issue customer refunds—offering a case study in how tort reform can yield near-term results. While the report also examines the insurance industry’s evolving role in climate resilience and loss mitigation, it makes clear that rising legal system costs remain an urgent and unresolved challenge.

For the legal funding sector, the report underscores a shifting regulatory landscape. With calls for federal oversight gaining traction, funders may soon face new transparency requirements, rate limitations, or reporting obligations. The FIO’s framing of litigation finance as a systemic cost driver is likely to spark renewed debate over how to balance consumer protection, insurer stability, and access to justice.

ClaimAngel Hits 18,000 Fundings, Sets New Transparency Benchmark in Litigation Finance

By John Freund |

The plaintiff‑funding marketplace ClaimAngel announced it has surpassed 18,000 individual fundings—a milestone signaling its growing influence in the legal funding arena. The platform, founded in 2022 and headquartered in Boca Raton, Florida, positions itself as a disruptor to traditional litigation finance models.

An release in PR Newswire outlines how ClaimAngel offers a single standardized rate of 27.8% simple annual interest and caps repayment at two‑times the amount funded after 46 months—significantly lower and more predictable than many legacy funders. The platform also claims to bring efficiency and transparency to the market by hosting a marketplace of over 25 vetted funders, allowing competing offers, and integrating directly into law‑firm workflows.

How claimants benefit: The core value proposition is to give plaintiffs “breathing room” when insurers use time as a weapon, enabling lawyers and clients to press for better settlement outcomes rather than settling prematurely under financial pressure. With over 500 plaintiff‑side law firms now using the platform, ClaimAngel is positioning itself as a credible alternative to more opaque “Wild West” funding practices—where a $5,000 advance could balloon into a $30,000 repayment by settlement.

ClaimAngel is striking at the heart of two key pain points: (1) lack of standardized pricing and (2) lack of transparency in funding terms. By offering a fixed rate and capped repayment in a marketplace format, it may prompt other players to rethink fee structures and disclosure practices. The milestone of 18,000 fundings also signals broader acceptance of tech‑driven innovation in a space often slow to modernize.