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Highlights from LFJ’s Virtual Town Hall: Investor Perspectives

By John Freund |

Highlights from LFJ’s Virtual Town Hall: Investor Perspectives

On March 27th, LFJ hosted a virtual town hall featuring key industry stakeholders giving their perspectives on investment within the legal funding sector. Our esteemed panelists included Chris Capitanelli (CC), Partner at Winston and Strawn, LLP, Joel Magerman (JM), CEO of Bryant Park Capital, Joe Siprut (JSi), Founder and CEO of Kerberos Capital, and Jaime Sneider (JSn), Managing Director at Fortress Investment Group. The panel was moderated by Ed Truant (ET), Founder of Slingshot Capital.

Below are highlights from the discussion:

One thing that piqued my interest recently was the recent Georgia jury that awareded a single plaintiff $2.1 billion in one of 177 lawsuits against Monsanto. What is your perspective on the health of the mass tort litigation market in general?

JSn: Well, I think nuclear verdicts get way more attention than they probably deserve. That verdict is going to end up getting reduced significantly because the punitive damages that were awarded were unconstitutionally excessive. I think it was a 30 to 1 ratio. I suspect that will just easily be reduced, and there will probably be very little attention associated with that reduction, even though that’s a check that’s already in place to try to prevent outsized judgments that aren’t tied as much to compensatory damages. I expect Monsanto will also likely challenge the verdict on other grounds as well, which is its right to do.

The fact is, there are a whole number of checks that are in place to ensure the integrity of our verdicts in the US legal system, and it’s already extraordinarily costly and difficult for a person that files a case who has to subject himself to discovery, prevail on motions to dismiss, prevail on motions for summary judgment, win various expert rulings related to the expert evidence. And even if a plaintiff does prevail like this one has before a jury, they face all sorts of post-trial briefing remedies that could result in a reduction or setting aside the verdict, and then they face appeals. The fact is, I think corporate defendants have a lot of ways of protecting themselves if they choose to go to trial or if they choose to litigate the case.

And I think, oftentimes when people talk about the mass tort space, their disagreement really isn’t with a specific case, but with the US Constitution itself, which protects the right to juries, even in civil litigation in this country. The fact is that there is a rich tradition in the United States that recognizes tort is essential to deterring wrongdoing. And ensuring people are fairly compensated for the injuries that they sustained due to unsafe products or other situations. So, broadly speaking, we don’t think in any systematic a way that reform is required, although I suspect around the margins there could be modest changes that might make sense.

Omni has made a number of recent moves involving secondary sales and private credit to improve their earnings and cash flow. What is your sense of how much pressure the industry is under to produce cash flow for its investors?

JSi: I think there is some pressure for sure, but more than pressure, I think it’s a natural thing for self-interested managers to want to give their investors realizations so that they can raise more capital, right?

So, even if no one had ever told me, boy, it would be nice to get money back at some point in the future, that would obviously still be what I’m incentivized to do because the sooner I can get realizations and get cash back, the sooner people can have confidence that, wow, this actually really works, and then they give you 2x the investment for the next vehicle.

So the pressure is, I think, part of it. But for a relatively new asset class like litigation finance, which is still in middle innings, I think, at most, you want realizations. You want to turn things over as quickly as you can, and you want to get capital back.

In terms of what ILFA is doing, do you feel like they’re doing enough for the industry to counter some of the attacks that are coming from the US Chamber of Commerce and others?

CC: I think there has been a focus from ILFA on trying to prevent some of the state court legislation from kind of acting as a test case, so to speak, for additional litigation. So there’s been, you know, they’ve been involved in the big stuff, but also the little stuff, so it’s not used against us, so to speak.

So I think in that regard, it’s good. I wonder at what point is there some sort of proposal, as to if there’s something that’s amenable, is there something that we can all get behind, if that’s what’s needed in order to kind of stop these broad bills coming into both state legislatures and Congress. But I think overall, the messaging has been clear that this is not acceptable and is not addressing the issue.

Pretium, a relative newcomer to the market, just announced a $500 million raise. At the same time, it’s been rumored that Harvard Endowment, which has traditionally been a significant investor in the commercial litigation finance market, is no longer allocating capital to the Litfin space. What is your sense of where this industry continues to be in favor with investors, and what are some of the challenges?

JSi: On the whole, I think the answer is yes, it continues to be in favor with investors, probably increasing favor with investors. From our own experience, we talk to LPs or new LPs quite frequently where we are told that just recently that institution has internally decided that they are now green lighting initiatives in litigation finance or doing a manager search. Whereas for the past three or four years, they’ve held off and it’s just kind of been in the queue. So the fact that that is happening seems to me that investors are increasingly interested.

Probably part of the reason for that is that as the asset class on the whole matures, individual managers have longer track records. Maybe certain managers are on their third or fourth vintage. And there are realized results that can be put up and analyzed that give investors comfort. It’s very hard to do that on day one. But when you’re several years into it, or at this point longer for many people, it becomes a lot easier. And so I think we are seeing some of that.

One of the inherent challenge to raising capital in the litigation finance asset class is that even just the term litigation finance itself is sort of shrouded in mystery. I mean, it’s very unclear what that even means and it turns out that it means many different things. The media on the whole, not including LFJ obviously, but the media on the whole has not done us many favors in that regard because they often use the term litigation finance to mean one specific thing, oftentimes case finance, specific equity type risk on a single case, when in fact, there are many of us who do all kinds of different things: law firm lending, the credit stuff, the portfolio finance stuff. There’s all kinds of different slivers. And so the effect of that is that an LP or factions within an LP may have a preconceived notion about what litigation finance is, which is completely wrong. And they may have a preconceived notion of what a particular manager’s strategy is. That’s completely wrong.

I also think that litigation finance provokes an almost emotional reaction sometimes. It’s often the case that investments get shot down because someone on the IC says that they hate lawyers, or they got sued once, and so they hate lawyers. And so they want nothing to do with litigation finance. And so whether that’s fair or unfair is irrelevant. I think it is something that is a factor and that doesn’t help. But I’d like to think that on the whole, the good strategies and the good track records will win the day in the end.

The discussion can be viewed in its entirety here.

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John Freund

John Freund

Commercial

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Singapore Court Expands Scope for Legal Finance in Civil Cases

By John Freund |

In a pivotal decision likely to reshape Singapore’s litigation finance landscape, the country’s High Court has affirmed that third-party funding is permissible beyond its historically narrow confines. The judgment, delivered in DNQ v DNR (2025), broadens legal finance's potential use in civil cases unrelated to insolvency or arbitration, marking a significant milestone in the jurisdiction’s approach to access-to-justice tools.

An article on Burford Capital's blog notes that the case involved a claimant pursuing enforcement in Singapore of a £31 million UK family court award. Facing financial hardship, the claimant secured funding from a professional litigation financier. The defendant moved to strike out the case, arguing the arrangement violated public policy by being champertous. But the court disagreed.

Presiding Senior Judge Tan Siong Thye upheld the funding agreement, finding it did not offend the principles of justice or procedural fairness under the Vanguard test. Crucially, the judge ruled that statutory reforms to Singapore’s Civil Law Act did not negate common law exceptions that allow for such funding arrangements.

The court outlined three factors favoring the agreement: the claimant’s lack of resources absent funding, the reasonableness of the funder’s return (potentially up to 56%), and the claimant’s continued control over litigation strategy. The judgment also clarifies that litigation funding is not confined to the specific scenarios listed under section 5B of the Civil Law Act, such as insolvency or arbitration, thus opening the door to broader use in commercial disputes.

This decision signals increasing judicial acceptance of litigation finance in Singapore’s courts and is likely to embolden funders exploring opportunities in the region. As jurisdictions around the world re-evaluate the role of third-party funding, Singapore’s High Court appears poised to join a growing chorus endorsing its value in supporting equitable legal outcomes.

EY Models Peg Litigation Funding’s Cost to Insurers at $25B–$50B

By John Freund |

An article in Carrier Management reveals that third-party litigation funding (TPLF) could impose up to $50 billion in direct and indirect costs on the U.S. casualty insurance industry over the next five years. The estimates come from a model developed by EY actuaries Mike McComis and Abbi Bruce, who presented the findings at the Casualty Actuarial Society’s recent reinsurance seminar. Their “top-down” model—built using funders’ reported returns, AUM growth, and case resolution timelines—pegs direct costs between $13 billion and $18 billion, with an upper-end projection of $25 billion. Including indirect impacts like prolonged litigation and increased advertising by law firms, the estimate swells to $50 billion.

The report startled even seasoned executives. Hartford CEO Christopher Swift, during a Q2 earnings call, bristled at a question about TPLF’s effects, lamenting how it has “turned our judicial system into a gambling system.” EY’s McComis was more measured but no less pointed, declaring TPLF “the most significant and measurable driver of social inflation.” He cited modeled trends showing TPLF’s rising burden on insurers—up to $3.5 billion in direct costs annually by 2028—and warned that actuaries should not ease off assumptions around escalating claim severity.

With litigation funders averaging annual returns of 25-30% and succeeding in 85-90% of cases, the capital influx is shifting settlement dynamics, increasing legal costs, and pressuring insurer loss ratios. EY’s analysis found the commercial liability industry could see a 4.5 to 7.8 point spike in loss ratios due to TPLF alone.

As disclosure mandates expand, insurers may need to develop internal models to track and respond to TPLF-backed cases more effectively. For legal funders, the report underscores the mounting attention—and scrutiny—coming from the actuarial and insurance sectors. If EY’s projections bear out, litigation funding’s influence on premium pricing and loss trends may soon be impossible to ignore.

Funders Target Gulf Disputes as Claims Surge

By John Freund |

A combination of court reforms and project delays is pulling more Gulf disputes into the third-party funding orbit, with global and regional players sharpening their focus on the UAE and Saudi Arabia.

An article in AGBI quotes Burford Capital’s Dubai-based team describing demand as having “risen sharply over the past two years,” and says the funder is now actively underwriting and funding more claims, especially in the UAE. Construction leads the pipeline—unsurprising given persistent schedule overruns and cost blowouts—while banks and other institutional claimants are increasingly tapping funding to preserve working capital or monetise awards.

Local entrant WinJustice reports a 60% jump in case assessments over the last year, with a sweet spot that starts around $1 million in onshore courts and $5 million in offshore forums; returns are typically a 30%–35% share of recoveries or a hybrid model. And LFJ just reported on UAE-based Lexolent's first successful investment conclusion.

The AGBI piece also flags a gradual easing of the region’s historic enforcement frictions, with Dubai courts recognising multiple foreign judgments in the past two years—an important de-risking signal for capital providers eyeing cross-border value recovery. The growing Gulf focus is consistent with funders’ search for scalable commercial matters backed by robust assets and clearer enforcement pathways.

For underwriting teams, the “construction-plus” mix—JV disputes, shareholder fall-outs, and complex debt recoveries—offers diversified routes to exit, particularly where arbitral awards can be recognised and enforced across jurisdictions. Pricing discipline will matter: as local awareness rises and new funders enter, competitive pressure could compress nominal returns even as deployment opportunities expand. For in-house teams in the region, dispute finance is evolving from last-resort cost cover to a balance-sheet tool—one that can hedge risk, front settlement leverage, and unlock liquidity tied up in slow-moving claims.

If enforcement keeps improving and banks continue to monetise judgments, expect more Gulf allocations, more bespoke structures (including potential Sharia-aligned variants), and a faster maturation of the MENA legal-finance market.