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Highlights from the 6th Annual LF Dealmakers Conference

From September 26th-28th, LF Dealmakers hosted its sixth annual event in New York City. The three-day conference kicked off with a workshop on navigating the Mass Torts landscape, and an opening reception at the James Hotel. Days two and three featured panel discussions and networking opportunities between key stakeholders in the litigation finance space.

Wendy Chou, founder of LF Dealmakers, was extremely pleased with the outcome of the event: “For six consecutive years, LF Dealmakers has sold out, a testament to the growing interest and importance of litigation finance in today’s legal landscape. We are immensely proud to have created a platform where the best minds in the litigation finance and legal sectors can come together for powerful connections and productive discussions.”

Day two began with a pair of panels on the overall state of the industry and an insider’s approach to getting the best deal. The latter included a panel of experts, including Fred Fabricant, Managing Partner of Fabricant LLP, Molly Pease, Managing Director of Curiam Capital, and Boris Ziser, Partner at Schulte Roth and Zabel.

The discussion revolved around the following topics:

  • Getting up to speed on funding & insurance products
  • How to fast track diligence and deal with exclusivity
  • Negotiating key terms and spotting red flags
  • Benchmarking numbers & making the waterfall work for you

One interesting point arose on the issue of judgement preservation in the IP space, where Fred Fabricant explained that he hasn’t seen a lot of insurance products in the pre-judgement section. “There are too many uncertainties, and it is very hard to assess the risk in this phase of the case.”  Fabricant is looking forward to insurance products in this phase. “In post-judgement, much easier for insurance to assess the risk, because you’ve eliminated lots of uncertainties.”

Click here for the full recap of this panel discussion.

The featured panel of Day 2 was titled: “The Great Debate: Trust and Transparency in Litigation Finance.” The panel consisted of Nathan Morris, SVP of Legal Reform Advocacy at the U.S. Chamber of Legal Reform, Charles Schmerler, Head of Litigation Finance at Pretium Partners, and Maya Steinitz, Professor of Law at Boston University. The panel was moderated by Michael Kelley, Partner at Parker Poe.

This unique panel was structured as a pair of debates (back-to-back), followed by an open forum involving panelists and audience questions. On the topic of ‘what is a litigation funder?’ what perhaps seems like an obvious question sparked a passionate back-and-forth between moderator Michael Kelley and Charles Schmerler over whether entities such as legal defense funds and the Chamber of Commerce should technically be classified as litigation funders. After all, the Chamber accepts donations and then uses its capital to file claims—so would donors to the Chamber be considered litigation funders?

One interesting point came from Schmerler, who noted that causal litigation is different from commercial litigation—especially from a public policy perspective. So conflating them under the semantic of ‘litigation funding’ isn’t as useful, even if they can each be technically classified as litigation funding.

Click here for a full recap of this panel discussion.

Day three offered four panels and three roundtable discussions, followed by a closing reception. One panel focused on opportunities in Mass Torts and ABS, and consisted of Jacob Malherbe, CEO of X Social Media, Sara Papantonio, Partner at Levin Papantonio Rafferty, and Ryan Stephen, Managing Partner of Pine Valley Capital Partners. The panel was moderated by Steve Nober, CEO of Consumer Attorney Marketing Group (CAMG).

The wide-ranging discussion covered the following topics:

  • Who’s doing what in mass torts? How about funding?
  • How funders are evaluating and working with firms
  • Examples of the ABS framework in action & challenges
  • Pre- and post-settlement funding and time to disbursement

One key point for funders to consider, is that as more funders enter the mass torts space, they need to be cognizant of ethical considerations around marketing, PR, claimant communications—all aspects of a case that are unique to class actions and mass torts. Congress is now taking a look at how law firms market to prospective claimants, and should any lawsuits arise, funders will no doubt be corralled into the mix.

Given that, it is critical for funders to mitigate the inherent risks by asking more questions at the outset of case diligence: What kind of advertising is being used, where are the clients coming from, how do I know that the clients are real (ad tracking)?  Funders need to be proactive about managing risk, rather than getting caught on the wrong side of a PR headache.

Click here for a full recap of this panel discussion.

Additional panel discussions covered topics such as successful models of cost and risk sharing, managing IP risk, and a CIO roundtable featuring investors in the space.

In addition to the knowledge-sharing, attendees were able to network with founders, CEOs, C-suite officers, thought leaders and other key stakeholders in the litigation finance space. All of which makes the LF Dealmakers event the ongoing success that it is.

Founder Wendy Chou spoke to the core ethos of the event: “At Dealmakers, we believe that connections and conversations are the keys to progress. At this year’s LF Dealmakers Forum, we were honored to host a number of critical conversations, including a thought-provoking debate on trust and transparency. It was a historic moment as we welcomed a representative from the US Chamber of Commerce to our stage, marking their first-ever appearance at a litigation finance industry event. It speaks to our commitment to open dialogue and advancing important discussions within our community.”

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Commercial People Moves

LPF Group Appoints Former High Court Judge as Director

By Harry Moran |

In an announcement released earlier this week by LPF Group, the New Zealand litigation funder revealed that it had strengthened its board with the appointment of Judge Robert Dobson KC as a director. Mr Dobson brings a wealth of experience as both a commercial lawyer and judge, having served on the High Court from 2007 to 2020. Mr Dobson briefling returned to the bench as an acting judge on the Court of Appeal in 2022, before returning to his arbitration and mediation practice at Stout Street Chambers.

Phil Newland, founder and director of LPF, said “LPF is delighted to have Mr Dobson, a proven jurist with substantial legal and judicial experience join the board at such an important time for the development of class action law in New Zealand.”

Commenting on his new role, Mr Dobson stated: “Having observed LPF’s role from a different perspective for many years I now look forward to playing a part in continuing the development of litigation funding and assisting access to justice. I am very much looking forward to joining LPF in helping meritorious cases attract funding in the pursuit of justice.”

In addition to the appointment of Mr Dobson, LPF also stated that the company’s current Chairman, Bill Wilson KC, will be moving to the position of Emeritus Chair to provide continuing support to the funder’s board. Newland praised Wilson’s work during his time at LPF by saying “With Bill’s strong support LPF has assisted many thousands of New Zealanders to achieve redress, including in leading cases such as Mainzeal, Kiwifruit and in the recent CBL and Intueri shareholder class actions.”

Commercial Regulatory Issues

CAT Chairman: “Funding is Essential” for Collective Proceedings Success

By Harry Moran |

Following the publication of the Civil Justice Council’s interim report on litigation funding, industry leaders and experts have opined on the future direction of UK’s funding market. At a recent industry conference, attendees were treated to the views of the head of one of the country’s most important judicial bodies when it comes to litigation funding.

Reporting by CDR covers remarks delivered by Andrew Lenon KC, chairman of the Competition Appeal Tribunal (CAT) at the Global Class Actions Symposium. The keynote speech on the second day of the symposium saw Lenon discuss the current state of the CAT and the involvement of third-party funding, which he described as “essential to the success of the collective proceedings regime.”

Lenon noted that despite the period of uncertainty in the initial aftermath of the PACCAR decision, he suggested that “it seems likely that the UK market for litigation funding and collective proceedings will continue to grow.” Furthermore, Lenon argued that in this growth environment, the result would be the emergence of a “fully functioning competitive market for litigation funding.”

The CAT’s chairman emphasised the tribunal’s role “to clarify the legal principles relating to funding arrangements”, with a focus on ensuring that “collective proceedings do not become a cash cow to funders and lawyers, with minimal returns to class members.” However, in a welcome nod to funders and lawyers alike, Lenon assured that the CAT “will be slow to interfere with funding arrangements freely negotiated between funders and class representatives.”

Whilst he acknowledged that the CAT must keep a close eye to ensure that funder’s fees and legal costs do not spiral out of control, Lenon agreed that it was “entirely legitimate for funders to seek a return on their investment.” In summarising the CAT’s position on interfering with litigation funding agreements, Lenon said that “the tribunal should therefore be slow to second guess.”

Case Developments Commercial

Which? Files £3 Billion Cloud Claim Against Apple, Funded by LCM

By Harry Moran |

The growth of multinational technology corporations has provided years of product innovation and a mass availability of affordable consumer electronics. However, the resulting monopolies that have risen to dominate these markets have also created space for the potential for anti-competitive behaviour that harms consumers. In this environment, it is unsurprising we are seeing more and more claims being brought against these tech giants, with the legal proceedings supported by third-party litigation funders.

An article in TechCrunch covers the announcement of a new collective action being brought against Apple by the UK consumer rights group Which?, representing up to 40 million consumers over allegations that Apple breached competition law by overcharging users of the iCloud service. The opt-out proceedings, valued at approximately £3 billion, claims that Apple abused its monopoly position to favour iCloud over competing cloud storage providers and locking in customers to the iCloud services, thereby preventing them from switching to a competitor and enabling Apple to charge increasingly higher fees.

The application for certification was filed with the Competition Appeal Tribunal (CAT) on 8 November 2024, with the claim seeking to represent any UK consumer who used an iOS device or iCloud services from 1 October 2025 onwards. This nine year time period is particularly relevant as it follows the introduction of the Consumer Rights Act from that date. The claims is being funded by Litigation Capital Management (LCM), with litigation risk insurance having been secured to cover Apple’s legal costs if the claim is not successful

More information about the collective proceedings can be found on the Cloud Claim website.

In response to this new legal action being brought, Apple spokesperson Tom Parker provided the following statement: “Apple believes in providing our customers with choices. Our users are not required to use iCloud, and many rely on a wide range of third-party alternatives for data storage. In addition, we work hard to make data transfer as easy as possible — whether its to iCloud or another service. We reject any suggestion that our iCloud practices are anticompetitive and will vigorously defend against any legal claim otherwise.”