Trending Now

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.

About the author

John Freund

John Freund

Commercial

View All

Malaysia’s New Arbitration Funding Rules Follow Collapse of Therium-Backed Sulu Claim

Two Malaysian jurists have published a retrospective on the Sulu arbitration, drawing a direct line from the failure of the funded US$15 billion claim against Malaysia to the statutory framework the country has since built around third-party funding of arbitration.

As reported by The Edge Malaysia, the piece is written by Tan Sri Zainun Ali, a former Federal Court judge, and barrister J J Chan. They note that the claim brought by parties describing themselves as heirs of the Sultan of Sulu "was reportedly backed by third-party litigation funding, attributed in public reports to Therium Capital Management," on the usual basis that the funder would take a return if the claim succeeded.

It did not. The Paris Court of Appeal annulled the award in full on 9 December 2025, holding that no valid arbitration agreement capable of binding Malaysia existed. The claimants were ordered to pay Malaysia €200,000 in costs, and separately lost costs orders in proceedings before the Netherlands Supreme Court.

The legislative response is the part with the longest reach. Malaysia's Arbitration (Amendment) Act 2024 took effect on 1 January 2026 and, in the authors' description, "brings third-party funding of arbitration within a clear statutory framework," requiring disclosure of both the funding arrangement and the identity of the funder.

For funders, the sequence is instructive: a single high-profile enforcement campaign against a sovereign produced a disclosure regime that will now apply to every funded arbitration seated in the jurisdiction.

New York Poll Finds Nearly 80% of Voters Would End Third-Party Litigation Funding

A statewide survey of likely New York voters has found that close to four in five would do away with third-party litigation funding altogether, placing the practice among the least popular items in a broad tort reform poll.

According to the Empire Center for Public Policy, which commissioned the survey from Cygnal and published the results on 2 September, 79.7% said they support ending the arrangement under which outside investors finance lawsuits in return for a share of any recovery.

Litigation funding did not stand alone. The poll found 94.5% supporting prosecution of staged-accident fraud, 83.4% favouring limits on pain-and-suffering awards, 79.7% backing changes to workplace-injury liability rules, 77% supporting reforms aimed at frivolous lawsuits, and 66.6% in favour of amending the Scaffold Law, New York's absolute-liability statute for elevation-related construction injuries.

The clustering matters as much as the individual figures. Funding is being tested here alongside fraud and damages caps rather than as a discrete question about access to capital, and the framing offered to respondents describes investors financing lawsuits for a portion of the proceeds without reference to claimants who could not otherwise bring a case.

New York enacted consumer legal funding protections earlier this year, and the state has no disclosure statute covering commercial funding. Polling of this kind is likely to be cited in Albany as the next session approaches, and funders should expect the 79.7% figure to travel well beyond the survey it came from.

DIFC Court Orders Defendant to Reveal Who Is Funding His Legal Team in $456M TrueUSD Case

A Dubai court has given a defendant in a $456 million stablecoin dispute until 7 September to swear an affidavit identifying who has been paying his lawyers, in an unusually direct judicial demand for the source of a litigant's legal funding.

As reported by CryptoSlate, the Dubai International Financial Centre Courts made the order in *Techteryx Ltd v Aria Commodities DMCC and others*, the proceedings over $456 million transferred out of the reserves backing the TrueUSD token. Matthew William Brittain, one of the respondents, must disclose by 4pm Gulf Standard Time.

The order is specific about what is wanted. Brittain must give the amounts, dates and bank accounts behind fees paid to Quinn Emanuel, Horizons, Gall, Campbells and FTI Consulting, identify the original sources and ultimate beneficial owners of those funds, explain how the accounts were funded and produce supporting documents. It singles out $1,083,912.49 paid by Aria Bio Industries FZE on 31 October 2025.

Compliance is required "to the best of his ability," and the court indicated that further adjournments would need "the most extreme circumstances" backed by strong evidence. Sanctions are not automatic; Techteryx would have to apply. A committal hearing with a four-day estimate is listed for 26 October.

Most disclosure fights concern claimant-side funding. This one runs the other way, and shows a court treating the defence's funding chain as a matter it is entitled to see.