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Highlights from IMN’s 2nd Annual International Litigation Finance Forum

Highlights from IMN’s 2nd Annual International Litigation Finance Forum

On October 19th, IMN hosted its second Annual International Litigation Finance Forum in London, bringing together thought leaders from across the litigation finance industry and showcasing perspectives from funders, lawyers, insurers and more across a packed day of content. Following on from the successful inaugural edition in 2022, this year’s event once again demonstrated the growing strength of the litigation funding market, both in the UK and across the globe. The agenda also managed to capture the broad diversity of perspectives within the industry, with lively discussion and debate across the panels and breakout sessions. The day began with a panel focused on the current state of litigation funding in Europe, which immediately demonstrated the changes in the regional market over the last 12 months. Whereas last year’s panel on this topic was dominated by discussion around the Voss Report and the looming prospect of further regulation, yesterday’s conversation was firmly focused on the increasing innovation in the market and an evolving landscape that has seen competing models of third-party financing develop. Litica’s Ed Yell emphatically stated that “the growth in Europe over the last year has been spectacular”, and Iain McKenny from Profile Investment described the current state of play as a “hot bed for evolution.” A core element of the panel’s conversation revolved around the growing formation of a secondary market for litigation finance transactions, with JBSL’s co-founder Sarah Lieber summarising it aptly: “Secondary trading is the hallmark of a maturing asset class, it’s necessary to think about from the beginning of every funding deal.” The second panel of the morning ventured into the economics of the market, looking at the different types of funder capitalization and the challenges faced by funders looking to raise capital in the turbulent market. The panellists explored the differences between the UK and US market, with Ted Farrell from Litigation Funding Advisers, highlighting the lack of portfolio funding deals in the UK and pointing out that “single case is always going to be super expensive.” Neil Purslow explained that from Therium’s perspective, portfolio deals in the UK “usually don’t work well and fail”, resulting in a pivot back towards single case funding. The first of two panels focusing on the role of litigation insurance saw a wide-ranging discussion that covered everything from the type of cover available, to the increasingly varied ways that funders, law firms and insurers are collaborating on deals. On this topic, Robin Ganguly from Aon, stressed the need for funders and insurers “to work together to make the industry sustainable,” emphasising that “deals have to be attractive to everyone or deals won’t get done.” All the panelists agreed that those seeking insurers needed to be more proactive and prepared, with Tom Davey of Factor Risk Management putting it in clear terms: “Get insurance when it’s available, not three weeks before trial.” Unsurprisingly, the following panel discussion on class actions and group litigation immediately turned to the subject of the Supreme Court’s PACCAR ruling. Echoing similar sentiments from speakers earlier in the day, most of the panelists agreed that funders and law firms were taking a pragmatic approach and exploring a variety of alternative structures for funding agreements and working closely with clients to find an optimal solution. Brown Rudnick’s Elena Ray provided the clearest overview of the situation, saying that firms “are not seeing a negative impact on the litigation funding space, so the parties have adjusted well to the PACCAR judgement.” Lara Melrose from Orchard Global described the UK’s group action market as “a very buoyant one” and noted that funders are benefitting from the courts’ flexible approach as demonstrated in recent decisions including the first amalgamation of claims in the CAT and the first application for a collective settlement. Alex Garnier of NorthWall Capital also pointed out that part of funders’ interest in class actions stems from the fact that “they’re not just fought in the courtroom they’re also fought in the court of public opinion”, thereby creating added pressure on large corporates to settle rather than “having their dirty laundry aired in court for months.” After a break for lunch and networking, the agenda once again returned to the topic of insurance, but with this panel putting an added emphasis on the lawyers’ perspective. Prompted by the panel’s moderator, Rocco Pirozzolo, the lawyers on the panel discussed some of the difficulties and frustrations they’ve faced when looking to secure insurance for a case. HFW’s Nicola Gare turned the question on its head, instead pointing out some best practices, with a particular emphasis on those funders who are able to give a prompt decision and explain their reasoning.  Meanwhile, Jamie Molloy from Ignite Insurance, and James Gowen-Smith from Miller, both said that it was important for all parties to remember it was a collaborative relationship and that it always worked best where there was adequate transparency, and where insurers were involved in the strategy discussions as early as possible. The agenda turned from the present to the future in the next panel, with an insightful discussion around new models of delivering legal finance and how new technology, such as emerging AI tools, can be incorporated to fuel future growth. Nick Rolwes-Davis from Lexolent led the calls for more innovation and change in the funding process, arguing that the industry was “probably overdue a change” and that increased efficiency could be achieved by “using technology as a triage tool.” Ben Knowles of Clyde & Co. offered similar support for evolution within litigation funding, pointing out that from a law firm’s perspective, “if technology could improve that due diligence process, then hopefully more cases could be funded.” In the penultimate session of the day, Louise Trayhurn from Legis Finance, and Carlos Ara Triadu from Cuatrecasas, led the room in an engaging and entertaining interactive session. Trayhurn turned the tables on the audience, seeking out the varying perspectives of lawyers and funders on the evolving relationship between funders and law firms. Whilst some attendees were more hesitant than others, the live Q&A format provided an excellent change of pace and allowed for a free-flowing discussion about the unique challenges and opportunities around the lawyer-funder dynamic. For the final panel of the event, the focus shifted to developments in continental Europe and the ongoing implementation of the EU’s Directive on Representative Actions. The discussion, moderated by Joanna Curtis from Brown Rudnick, looked at the differing approaches to implementation across Europe, focusing on the panelist’s local jurisdictions of Germany, Ireland, and Spain. Whilst all the speakers agreed that the directive was a positive development overall, they also pointed out that in terms of enhancing access to litigation funding in Europe, it may not produce significant changes. Elaine Whiteford from Wilkie Farr & Gallagher highlighted that there are still “a number of critical issues that the initiative doesn’t address for funders” in Europe, with the use of funding still primarily limited by each country’s national laws on its permissibility. Overall, IMN’s second UK event managed to provide an insightful exploration of the litigation funding industry and provided attendees with a comprehensive view of the market, bolstered by insights from stellar thought leaders. Across a busy day of content, the forum offered a platform for a variety of perspectives, generating debates and discussions that will no doubt continue long after the event. LFJ looks forward to seeing how IMN continues to build on the success of the 2023 forum in the future.

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Eskariam Secures €50 Million Credit Facility from Victory Park Capital to Expand Complex Damages Litigation

By John Freund |

Spanish litigation boutique Eskariam has secured a €50 million senior secured credit facility from U.S.-based Victory Park Capital, providing fresh capital to finance the firm's pipeline of complex damages and commercial disputes.

As reported by Iberian Lawyer, the facility underscores growing investor appetite for deploying private credit into litigation-intensive law firms in continental Europe, where the market for third-party capital has lagged the U.K. and the United States but is maturing rapidly.

Eskariam was founded to pursue large-scale damages claims, including cartel follow-on actions, competition cases, and high-value commercial disputes. The firm intends to use the facility to underwrite case costs, including expert fees and long-tail disbursements, while pursuing an expanding portfolio of multi-party claims on behalf of corporate clients.

Victory Park Capital, a Chicago-headquartered alternative asset manager with more than $10 billion in assets under management, has become an increasingly visible lender to specialty finance businesses, including law firm credit and litigation finance platforms. The Eskariam transaction reflects VPC's continued push into European legal assets, where credit facilities to claimant-side firms are emerging as a preferred structure for institutional investors seeking exposure to litigation returns without taking direct case risk.

The deal arrives against the backdrop of a European Commission weighing regulatory guardrails for third-party litigation funding, even as funders and law firms deepen the capital structures underpinning cross-border damages claims.

Federal Judges Weigh the Future of Third-Party Litigation Funding Inside Their Courtrooms

By John Freund |

Federal trial judges are openly grappling with how third-party litigation funding is reshaping the litigation they oversee, even as the formal rules governing disclosure remain unsettled.

As reported by Law.com, district court judges have acknowledged that funded claims are now routine features of complex commercial dockets, with funding arrangements shaping case strategy, settlement posture, and litigation duration. Several jurists emphasized that rules of disclosure have not caught up to the economic realities already present in their courtrooms.

The remarks underscore a growing divide between the federal judiciary's operational experience with litigation funding and the slower-moving rule-making process. The Judiciary's Advisory Committee on Civil Rules advanced a TPLF transparency proposal earlier this month, but broad federal disclosure remains a meaningful distance from adoption. In the meantime, individual judges are using existing case-management authority to probe funding arrangements where conflicts, control, or settlement dynamics come into question.

For commercial funders, the discussion highlights the importance of maintaining clean documentation and control boundaries between funded parties and their investors. Disclosure-adjacent questions — including whether funders exercise veto rights, participate in settlement decisions, or receive litigation work product — are increasingly the subject of ad hoc scrutiny from the bench.

The conversation also signals that judges are unlikely to wait for national rule-making before addressing TPLF-related issues that affect their cases, reinforcing the patchwork regulatory environment in which commercial funders currently operate.

Michigan House Committee Advances Third-Party Litigation Funding Transparency Bill

By John Freund |

A Michigan House committee has voted to advance legislation requiring disclosure of third-party litigation funding arrangements in civil cases, joining the wave of state-level transparency measures working their way through U.S. legislatures.

As reported by Michigan Farm News, the bill would compel parties in civil litigation to disclose outside funding arrangements to defendants, judges, and courts. Supporters argued that current practice allows outside investors to finance lawsuits without any of the other participants knowing, creating undisclosed conflicts of interest and distorting litigation dynamics.

The measure reflects a coordinated push by business coalitions, insurers, and tort-reform advocates to bring greater visibility to the capital structures behind civil claims. Similar bills are active in Florida, Louisiana, Pennsylvania, Kansas, and at the federal level, reflecting an evolving state-by-state landscape in which funders increasingly face a patchwork of disclosure regimes.

Proponents argue that transparency gives courts information needed to manage conflicts and police abusive practices, particularly in multi-plaintiff and mass-tort contexts. Opponents, including consumer funding advocates and commercial funders, argue that broad disclosure risks discouraging legitimate financing arrangements and exposing confidential business information without a corresponding benefit.

For commercial and consumer funders operating in Michigan, the committee vote is an early warning that disclosure standards are moving in a less permissive direction. If enacted, the Michigan law would require operational and contractual adjustments to align with the state's reporting requirements, adding to compliance costs across multi-state portfolios.