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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

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Harris Pogust on What Not to Do with Half a Billion Dollars

By John Freund |

Veteran mass tort attorney Harris Pogust is offering a cautionary tale to the litigation finance community, reflecting on the collapse of his former firm, Pogust Goodhead, after an eye-popping $500 million investment from Gramercy Funds Management. Now serving as a senior adviser at Bryant Park Capital, Pogust is urging funders to rethink how capital is deployed—and monitored—when backing law firms.

An article in Bloomberg Law captures Pogust’s retrospective on the 2023 mega-funding round, which at the time marked one of the largest single infusions into a plaintiff-side law firm. Despite the capital, Pogust Goodhead faltered under internal investigations and allegations of lavish spending, ultimately surrendering asset claims to Gramercy tied to the full $617 million value of the funding arrangement. Pogust bluntly warned that, absent proper oversight, handing a large check to a law firm can quickly devolve into what he described as “buy a Maserati and have fun,” with firms burning through capital without accountability.

In his current role, Pogust is advocating for a more hands-on model where funders act more like partners than passive financiers. He supports collaborative budgeting, ongoing financial oversight, and stronger alignment on outcomes between funders and firms. He also pushed back against calls for heightened regulation or taxation of litigation funders, suggesting that current legislative efforts unfairly target the industry.

For litigation funders, Pogust’s experience offers a timely reminder of the risks that accompany rapid deployment of capital without guardrails. As the size and complexity of funding deals continue to grow, the industry may need to adopt stricter governance standards, enhance operational due diligence, and establish frameworks that ensure discipline in how law firms deploy capital. Pogust’s remarks serve as both a warning and a blueprint for what responsible litigation funding should look like going forward.

Lyford Partners Launches With Backing From Moody Aldrich Partners

By John Freund |

London-based private credit firm Lyford Partners, founded by industry veterans Matt Meehan and Toby Bundy, has officially launched with equity backing from U.S. alternative investment firm Moody Aldrich Partners (MAP). The new venture aims to provide hard-asset, situation-specific lending across the UK, Europe, and select offshore jurisdictions.

An article in Insider Media outlines Lyford’s lending focus, which includes bridging short-to-medium term liquidity needs of ultra-high net worth individuals, families, and businesses. The firm will also fund special situations such as matrimonial disputes, probate proceedings, and insolvency-related asset financing. Headquartered in London, Lyford also has a presence in the Cayman Islands, Monaco, and Nassau. The firm typically provides loans ranging from £2 million to £20 million, using high-quality assets as underlying collateral.

Matt Meehan serves as Chief Investment Officer, bringing over three decades of experience and more than £3 billion in deployed capital across 200+ companies in the UK, Europe, and the U.S. Toby Bundy adds deep experience in restructuring and special-situations lending. From MAP’s side, Co-CEO and CIO Eli Kent noted that Lyford is already executing deals and has a strong pipeline, stating that MAP is focused on underwriting “world-class niche investment firms.”

From a legal funding industry perspective, Lyford’s launch is notable for its overlap with scenarios often served by litigation funders—particularly in family, estate, and insolvency matters. Its hard-asset-backed approach offers a flexible alternative to traditional legal funding, and the involvement of MAP signals continued U.S. capital interest in niche credit platforms abroad.

ISO Approves New Litigation Funding Disclosure Endorsement

By John Freund |

A new endorsement from the Insurance Services Office (ISO) introduces a disclosure requirement that could reshape how litigation funding is handled in insurance claims. The endorsement mandates that policyholders pursuing coverage must disclose any third-party litigation funding agreements related to the claim or suit. The condition applies broadly and includes the obligation to reveal details such as the identity of funders, the scope of their involvement, and any financial interest or control they may exert over the litigation process.

According to National Law Review, the move reflects growing concern among insurers about the influence and potential risks posed by undisclosed funding arrangements. Insurers argue that such agreements can materially affect the dynamics of a claim, especially if the funder holds veto rights over settlements or expects a large portion of any recovery.

The endorsement gives insurers a clearer path to scrutinize and potentially contest claims that are influenced by outside funding, thereby shifting how policyholders must prepare their claims and structure litigation financing.

More broadly, this endorsement may signal a new phase in the regulatory landscape for litigation finance—one in which transparency becomes not just a courtroom issue, but a contractual one as well.