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How WFH Communication is Impacting Law Firms and Legal Funders

By Kris Altiere |
February 19, 2025

How WFH Communication is Impacting Law Firms and Legal Funders

The following article was contributed by Kris Altiere, US Head of Marketing for Moneypenny.

The boundaries between professional and personal life have blurred, largely due to technology and the pandemic, which forced firms to be available 24/7. Since COVID, the number of clients and prospects engaging with businesses at all hours has surged, driven by the adoption of tools like live chat—which, at one point, accounted for 37% of interactions outside traditional 9-to-5 hours. In fact, a Moneypenny study conducted with Censuswide, surveying over 2,000 U.S. consumers, found that 58% of respondents now accept work-related communications outside regular hours. But is this shift a good thing?

Law firms should consider the communication training they give across all situations – how many work calls have been taken in the car, texts responded to at a soccer practice, or emails replied to quickly while at the doctor? Adjusting a firm’s contact channels should include recognizing the strengths and weaknesses of different forms of communication, and thinking about what’s best for clients and the team.

For firms, the “always on” employee presents some potential challenges, starting with the impact on the mental health of someone pressured to forever be on alert for a client or new business. It also can present vulnerabilities – Moneypenny’s research revealed 59% of respondents admitted to commonly sending texts and emails to the wrong person. Or, there is the liability of a stretched team responding to a client with a typo or incorrect information, feeling pressured to get right back and not taken time for a measured response. Along with an increased margin of error, digital communication can lack the emotion of a conversation, or may not appeal as a form of connection from a generational perspective.

Moneypenny looked into the popularity of different forms of work communications. Emails were number one at 49%, followed by the phone at 39%, text messaging at 35%, instant messaging such as Teams or Slack at 19%, and video conferencing like Zoom at 18%. Choices were particular to generations – emailing is the preferred choice for 56% of Baby Boomers and 54% of Gen X, while only 28% of Gen Z prefer it. Instant messaging was a more popular form of work communication for Gen Z (25%), but was chosen by only 16% of Gen X and 13% of Baby Boomers.

Moneypenny encourages firms of all sizes to establish clear communication guidelines that best serve all of their constituents – their teams, their prospects, and their clients. After four years of being on call around the clock, teams are tired. If a firm can have the burden of the 2 a.m. call or chat placed in the hands of a capable and trained legal receptionist like Moneypenny’s, they can ensure it’s not just fielded, but fielded well, and their team undisturbed.

Setting healthy business-life boundaries is a lofty goal that firms should consider setting this year – making themselves a little more unavailable to make themself more available. Fielding a call late at night or during a mad rush does a disservice by potentially inhibiting work flow, mental health, quality and integrity of the work. In what seems like an increasingly scattered world, reclaiming focus by letting someone else “get the phone” could just be revolutionary.

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Kris Altiere is US Head of Marketing at Moneypenny. Moneypenny’s unique blend of brilliant people and AI technology integrate seamlessly to deliver customer conversations that unlock valuable opportunities for law firms, 24/7.

Kris is passionate about combining creativity and data-driven approaches to deliver impactful campaigns. A natural leader and mentor, she thrives on empowering teams, fostering collaboration, and ensuring Moneypenny’s solutions help firms stay ahead in an ever-evolving market.

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Kris Altiere

Kris Altiere

Commercial

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Commercial

Federal Judiciary Advisory Committee Moves Forward with Litigation Finance Transparency Rules

By John Freund |

A federal judiciary advisory committee agreed on Tuesday to develop transparency obligations for third-party litigation funders, advancing one of the most closely watched rulemaking efforts in U.S. civil procedure. The decision came despite what participants described as "vehement" opposition from segments of both the defense and plaintiffs' bars, underscoring how contentious disclosure of funding arrangements remains within the legal community.

As reported by Law360, the committee, which shapes the Federal Rules of Civil Procedure, signaled that it will continue drafting specific disclosure requirements rather than shelving the project, as some stakeholders had urged. Alongside the litigation finance item, the panel also advanced proposed updates to subpoena rules addressing remote testimony and service of process.

For funders, the development marks a significant shift in the regulatory conversation. Industry groups have long argued that existing discovery tools are sufficient to address concerns about control and conflicts, while proponents of disclosure contend that parties and courts need a clearer view of who stands to benefit from a case. The committee's decision indicates that federal rulemakers are prepared to put that debate to the test with concrete drafting, even as both sides continue to press their positions.

Next steps will involve developing rule text and further public input before any proposal moves up the Judicial Conference's rulemaking chain. Market participants will be watching closely, as any federal disclosure rule would likely influence how funders structure deals, negotiate with claimants, and manage portfolios across U.S. commercial litigation.

Commercial

Judge Preska Orders Argentina’s Economy Minister to Produce Texts in YPF Enforcement Fight

By John Freund |

A U.S. federal judge has ordered Argentina's economy minister to turn over text messages sought by plaintiffs pursuing enforcement of the multibillion-dollar YPF judgment, the latest development in one of the most prominent litigation finance-backed cases in the world. The ruling expands the discovery footprint available to creditors working to collect on the landmark award against the Republic of Argentina.

As reported by Bloomberg, U.S. District Judge Loretta Preska ruled on Tuesday that plaintiffs backed by Burford Capital are entitled to messages from Argentina's sitting economy minister. The decision continues a pattern in which Judge Preska has pushed Argentina to produce internal communications and financial information as the plaintiffs seek to identify attachable assets and pierce through sovereign defenses.

Burford, which funded the underlying claims brought by former YPF minority shareholders, has pursued a sprawling enforcement campaign following a 2023 judgment of approximately $16 billion plus interest. Argentina has resisted enforcement on multiple fronts, appealing the merits ruling and contesting asset-identification discovery, while the plaintiffs have sought turnover of Argentina's interest in YPF itself.

For the litigation finance market, the order is another marker of how far-reaching post-judgment discovery can be in high-stakes sovereign enforcement — and how central funder-backed plaintiffs have become to the mechanics of collecting against state defendants. The decision is likely to intensify the ongoing standoff between Argentina and its creditors in the U.S. courts.

Commercial

South Korea Recovers Record ISDS Legal Costs After Schindler Pays 9.6 Billion Won

By John Freund |

South Korea has recovered a record amount in investor-state dispute settlement legal costs, with Swiss elevator manufacturer Schindler paying approximately 9.6 billion won to satisfy a cost award following its unsuccessful arbitration claim against the Korean government. The payment marks the largest ISDS cost recovery in the country's history and offers a notable data point for parties evaluating the downside risk of treaty-based claims.

As reported by Chosunbiz, Jo Ara, head of the international investment disputes division at South Korea's Ministry of Justice, confirmed the recovery during a briefing on the government's handling of the case. Schindler had pursued a long-running claim tied to its investment in Hyundai Elevator, which the tribunal ultimately declined to sustain, exposing the investor to a substantial cost-shifting order.

The outcome highlights the growing willingness of tribunals to allocate costs against unsuccessful claimants in investor-state proceedings, a trend that has direct implications for litigation funders active in the international arbitration market. Cost awards of this scale can materially affect the economics of funding ISDS claims and are increasingly a factor in underwriting decisions.

For the broader litigation finance community, the Schindler payment underscores why funders evaluating treaty claims closely monitor both merits risk and cost exposure. As more states pursue aggressive recovery strategies after successful defenses, the downside profile of funded ISDS portfolios continues to evolve.