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ESG and Litigation Funding

Are ESG initiatives and regulations creating more tension between companies and their suppliers? Are we seeing an uptick in disputes that are arising out of ESG initiative and regulations? What impacts and pressures are ESG matters having on companies, funders, attorneys and governments? These topics and more were covered on IMN’s panel discussion “ESG Initiatives: Challenges and Opportunities.”

Panelists included Viren Mascarenhas, Partner at Milbank, Nikos Asimakopoulos, Director of Disputes at Alaco, and Rebecca Berrebi, Founder and CEO of Avenue 33, LLC. The panel was moderated by Collin Cox, Partner at Gibson Dunn.

Rebecca Berrebi began the discussion by noting that ESG is a huge space. Even with firms concerned about ‘green-washing,’ and not classifying every type of investment as ESG, the space is still enormous. One area she sees a strong ESG connection with is whistleblower claims—she has seen bundles of SEC whistleblower claims get underwritten by funders, despite the fact that the case type is a bit of a black box with limited visibility into the details of the case. Yet funders are pursuing these types of claims, which have a strong ESG component.

Collin Cox noted how particular these types of cases are, which must make the diligence extremely difficult. Berrebi concurred, explaining she has seen cases where the whistleblower is actively involved, which of course is a huge help, but otherwise there is a large diligence hurdle to overcome. The flipside is that these are not expensive cases, and when bundled, can become a worthwhile investment.

Viren Mascarenhas highlighted the arbitration space. On the commercial front, he noted that he is getting calls from corporate partners, and there is concern about how to address the human rights principles of the U.N., which are becoming more popular with the public-private partnerships on offer. On the investor-state front, issues are arising in investor treaties which have carve-outs, or provisions where parties must comply with national laws and with U.N. principles. These are examples where an ESG focus is having an impact.

Nikos Asimakopoulos spoke to obscure issues such as claims against foreign supply chain operators. He has a claim in an African state, where the claimant must demonstrate that the government behaved improperly. This is very difficult, of course. You must go to the specific locale and investigate the exact regulations in place at a local level, because this is what is driving the decision making.

Zooming out, the theme of this panel seemed to be how ESG clearly affords opportunities to litigation funders, but is not a panacea. The emerging sector also presents diligence challenges and confusion around how multinational ESG initiatives might impact state and local laws. So right now we appear to be in a gray area where there is much uncertainty around the intersection of ESG and litigation funding.

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Fieldfisher Taps Jackson-Grant as Pricing Chief

By John Freund |

Fieldfisher has recruited litigation-funding specialist Verity Jackson-Grant to the newly created post of Head of Commercial Pricing, underscoring the firm’s intent to capitalize on sophisticated fee and finance structures in the wake of last year’s PACCAR fallout. Jackson-Grant, best known for translating third-party capital into user-friendly products for corporate clients, will sit within the firm’s European finance team and manage a multi-office pricing unit.

An update on LinkedIn confirms her appointment, noting that she will “drive and shape” Fieldfisher’s pricing strategy across the continent. The role’s blueprint calls for rolling out “creative pricing models” that enhance client profitability and embed alternative fee arrangements into disputes workflows.

Jackson-Grant brings a rare blend of funding fluency and law-firm know-how. A former director at TheJudge, she brokered litigation-finance and ATE insurance packages before moving in-house to develop alternative pricing frameworks for major UK and US practices.

Chubb & Marsh Chiefs Turn Heat on Litigation Funders

By John Freund |

The insurance industry’s long-simmering feud with third-party litigation finance boiled over on Monday.

In an article originally posted in the Wall Street Journal and covered in Insurance Business America, Chubb CEO Evan Greenberg and Marsh McLennan counterpart John Doyle deliver a joint broadside against what they dub the “litigation investment industry.” The duo argue that multi-billion-dollar capital inflows from hedge funds and foreign investors are fueling a 52% year-on-year jump in “nuclear verdicts,” pushing the average blockbuster award to US $51 million.

The duo's ire is heightened by Congress’ failure to preserve a 40.8% surtax on funder income that was stripped from President Trump’s “One Big Beautiful Bill” during reconciliation. Without tax parity, they warn, funders can pay 0 % capital-gains rates while plaintiffs shoulder income-tax burdens of up to 37%.

The executives cite data showing 135 verdicts above US $10 million in 2024 and estimate tort costs at US $529 billion—figures they link directly to opaque funding arrangements. Chubb, they reveal, is reviewing counterparties to sever any ties with litigation financiers, while Marsh has already refused to place insurance that facilitates funding.

Funders are already responding to the pair's remarks. William Marra, Director at Certum Group, wrote on LinkedIn: "Funders and their allies need to prepare for the policy debates ahead, because misguided proposals to kill funding may continue." Marra then highlighted proactive education, rapid response, success stories and coalition building as four strategies that funders should consider moving forward.

Burford Capital Clinches US $500 Million Bond Upsize

By John Freund |

Burford Capital has once again reminded the debt markets that litigation finance is anything but niche.

An article in PR Newswire reports that the New York- and London-listed funder upsized its private offering of senior notes from an initial $400 million to $500 million after books closed multiple times oversubscribed. The eight-year paper priced at 7.5 %, Burford’s tightest spread over Treasuries to date, and will refinance $180 million in 6.125 % notes maturing this August while extending the weighted-average life of the balance sheet to 2033.

According to Burford CEO Christopher Bogart: "We're very pleased with the results of this latest debt offering, which added a half-billion dollars in capital, building on our momentum and strengthening our position to achieve our growth targets."

For investors, the transaction offers two signals: first, that the firm’s cash-realisation cycle—driven by landmark wins such as Petersen—continues to convert headline judgments into distributable cash; and second, that fixed-income desks are increasingly comfortable underwriting the risk profile of litigation finance even in a high-rate environment.