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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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Commercial Deals

Palisade, Accredited Specialty Secure $35 Million Legal Risk Cover

By John Freund |

Specialty managing general underwriter Palisade Insurance Partners has taken a significant step to scale its fast-growing contingent-legal-risk book, striking a delegated-authority agreement with Accredited Specialty Insurance Company. Including the Accredited capacity, Palisade has up to $35 million in coverage for legal risk insurance products. The New York-headquartered MGU can now offer larger wraps for judgment preservation, adverse-appeal and similar exposures—coverages that corporates, private-equity sponsors and law firms increasingly use to de-risk litigation and unlock financing.

An article in Business Insurance reports that the deal provides Palisade's clients with the comfort of carrier balance-sheet strength while allowing the insurer to expand its program portfolio. The capacity tops up Palisade’s existing relationships and arrives at a time when several traditional markets have retrenched from contingent legal risk after absorbing a spate of outsized verdicts, leaving many complex disputes under-served.

Palisade leadership said demand for robust limits has “never been stronger,” driven by M&A transactions that hinge on successful appeals, fund-level financings that need portfolio hedges, and secondary trading of mature judgments. Writing on LinkedIn, Palisade President John McNally stated: "Accredited's partnership expands Palisade's ability to transfer litigation exposures and help facilitate transactional and financing outcomes for its corporate, law firm, investment manager and M&A clients."

The new facility aligns the MGU’s maximum line with those of higher-profile peers and could see Palisade participate in single-event placements that have historically defaulted to the London market. For Accredited, the move diversifies its program roster and positions the insurer to capture premium in a niche with attractive economics—provided underwriting discipline holds.

Commercial Regulatory Issues

Omni Bridgeway Maps Recovery Paths for PRC Creditors

By John Freund |

China’s ballooning stock of non-performing loans (NPLs) has long frustrated mainland banks and asset-management companies eager to claw back value from defaulted borrowers scattered across multiple jurisdictions. In its newly released 2025 Report on International Asset Recovery for PRC Financial Creditors, Omni Bridgeway distills the lessons of a growing body of cross-border enforcement actions and sets out a playbook for creditors determined to follow the money.

A paper published by Omni Bridgeway explains that the three-chapter study surveys today’s enforcement landscape, highlights “funded recovery” strategies for domestic institutions, and walks readers through case studies in which Chinese lenders have traced assets into offshore havens and employed Mareva-style injunctions, arbitral award assignments, and insolvency proceedings to compel payment.

The paper highlights how litigation finance can transform the economics of pursuing stubborn debtors. By underwriting investigative costs, securing local counsel, and bridging timing gaps between enforcement wins and cash realisation, funders such as Omni Bridgeway can turn an otherwise write-off-prone claim into a profitable workout.

The report also charts structural shifts reshaping the market: Beijing’s pressure on state banks to clean balance sheets, private-equity appetite for “special situations” paper, and widening acceptance of third-party funding in arbitration hubs from Hong Kong to Singapore. A series of recent matters—ranging from a Guangzhou lender’s successful freeze of UK real estate to a provincial AMC’s recovery of Latin-American mining assets—illustrate the potency of coordinated tracing, injunctive relief, and securitised claims sales.

For the legal-funding bar, the study underscores a powerful, still-underexploited pipeline: hundreds of billions of renminbi in distressed credit looking for capital-efficient enforcement solutions. Whether PRC banks will embrace external funders at scale—and how regulators will view foreign-backed recovery campaigns—remain pivotal questions for 2025 and beyond.

Commercial Regulatory Issues

Omni Bridgeway Hails U.S. Budget Bill Win

By John Freund |

Omni Bridgeway has sidestepped a potentially painful tax after President Trump signed the FY-25 Budget Bill without the much-debated levy on legal-finance proceeds. The Australian-listed funder, which bankrolls commercial claims on six continents, had warned that the original 40.8 percent surcharge floated in the Senate Finance Committee would depress case economics and chill cross-border capital flows. Instead, the final bill landed on 4 July with zero mention of legal-finance taxation, handing the industry a regulatory reprieve just as U.S. portfolio commitments hit record highs.

Sharecafe notes that Omni Bridgeway credits a rare coalition of plaintiff-side bar groups, access-to-justice NGOs, and chambers-of-commerce allies for persuading lawmakers to drop the proposal. The company says it will elaborate in its 4Q25 report later this month, but stresses that bipartisan recognition of funding’s public-interest role now mirrors supportive reviews in Australia, the EU and the UK.

For funders, the episode underscores two diverging trends: rising U.S. political scrutiny and an equally vocal defense of the asset class from sophisticated investors. Expect lobbying budgets to climb as Congress circles disclosure and tax issues again in 2026, but also expect money to keep flowing—Omni’s stance suggests confidence that regulatory headwinds can be managed without derailing growth.