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Key Takeaways From LFJ’s Podcast With Erik Bomans, CEO and Executive Board Member of Deminor

May 31, 2022

Key Takeaways From LFJ’s Podcast With Erik Bomans, CEO and Executive Board Member of Deminor

On the latest episode of the LFJ Podcast, we spoke with Erik Bomans, CEO and Executive Board Member of Deminor. Mr. Bomans discussed recent developments and trends in litigation funding in continental Europe, including what the total addressable market looks like and how that is expected to grow over time, how country-specific jurisdictions are differentiated, some of the main barriers to investing in litigation funding in Europe, and how the regulatory environment across the continent can actually be a benefit to funders. Below are some key takeaways from the conversation, which can be found in full here. LFJ: How big is the European market for funding? How do you assess the total addressable market?  EB: We have conducted our own research and have estimated the total addressable market in Europe at $1.8B, and that includes the UK. It is a small market, we estimate that it is 16% of the total addressable market of litigation funding.  By comparison, we estimate that the total addressable market in the US is $9B. That is nearly 5x bigger than the entire European market.   When we say the total addressable market, we mean the potential for litigation funding. We get to these numbers by looking at the value of the litigation market, and we apply a percentage which is the penetration rate in that specific market.  LFJ: In terms of a country specific breakdown, I imagine most of the activity happening in Germany and France. Your company Deminor has offices in Belgium, Luxembourg and Milan, so there must be a lot of action in these other jurisdictions as well. Is that the case, is there a lot of activity across Europe?  EB: We are active in most European countries. The top countries without a doubt are the UK and Germany.  We estimate the total addressable market in the UK at $800M. The other $1B is spread out over continental Europe. With Germany definitely taking the biggest part, nearly ⅓. . The Netherlands is the third most active country in Europe.  LFJ: What are some of the barriers to investing in the litigation funding market? Can you share some challenges funders find in this market?  EB: There are pitfalls, Europe is a highly regulated market in general. Litigation funding contracts come with mandatory rules with highly regulated rules such as consumer protection. In Germany and France, legal advice can only be provided by practicing lawyers.  One of the areas in Europe where litigation funding has been scrutinized most in Europe is antitrust cases, where some funders have used the assignment level to structure their litigation funding agreements.   LFJ: How does the EU’s regulatory environment provide opportunities for litigation service providers? I want to ask you specifically about Deminor. How does the regulatory environment provide your business with growth opportunities? EB: Antitrust is the next big area of growth, with the UK and Germany taking the lead. With Italy and Spain becoming active in this area as well. Litigation finance is a risky business, but there are new areas of growth in new emerging areas of litigation funding. Definitely, there are new  opportunities there for litigation funders. But it will be important for litigation funders to pick the right cases.  LFJ: What are your predictions for how the EU litigation funding market develops over the next few years? EB: Litigation funding is strongly growing here in Europe. The business is volatile, and no matter how much you diversify, returns may always be volatile.    
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APCIA Urges House to Pass Litigation Funding Disclosure Reforms

By John Freund |

The American Property Casualty Insurance Association (APCIA) is renewing its call for Congress to advance two pieces of legislation aimed at increasing transparency in third-party litigation funding (TPLF). According to a recent article in Insurance Journal, APCIA is backing the Litigation Transparency Act of 2025 (H.R. 1109) and the Protecting Our Courts from Foreign Manipulation Act of 2025 (H.R. 2675) as key reforms for federal civil litigation.

An article in Insurance Journal reports that the House Judiciary Committee is expected to mark up both bills, which would require disclosure of TPLF in federal cases, and in the case of H.R. 2675, bar foreign governments and sovereign-wealth funds from investing in U.S. litigation. APCIA’s senior vice president for federal government relations described the measures as bringing “needed transparency for one of the largest cost drivers of insurance premiums — third-party litigation funding.”

In support of its advocacy, APCIA cited research from the consulting firm The Perryman Group, which estimated that excess tort costs in the U.S. amount to $368 billion annually — with each household absorbing roughly $2,437 in additional costs per year across items such as home and auto insurance and prescriptions.

While tax reform efforts once included proposals targeting funder profits, budget-rule constraints prevented those from advancing.

Commercial

Burford Capital Underscores Data‑Driven Settlement Strategies

By John Freund |

Burford Capital and Solomonic explore how seasoned funders and advisers can bring precision to the settlement table in high‑stakes disputes.

An article on Burford’s website states that the joint webinar, hosted by James MacKinnon (Burford) and Edward Bird (Solomonic), featured experts from Herbert  Smith  Freehills  Kramer, Pallas  Partners and Dectech to discuss how analytics can reshape settlement strategy. The piece highlights that large‑value disputes often take far longer and face steeper odds of success — not because high‑value claims are inherently weaker, but because risk‑seeking behaviour tends to dominate when the stakes rise.

Burford explains its method of translating a multi‑headed claim into a “weighted average damages outcome,” then discounting for trial risk, appellate risk, enforcement risk and cost of capital to arrive at a present‑day valuation. In one example, a claim with a theoretical maximum of US$500 million was valued at just under US$76 million after risk‑adjustment — meaning a settlement at or above that number would objectively represent success given the circumstances.

The article also reflects on the evolving role of AI and analytics. While data models are improving, Burford cautions that predictive systems remain dependent on data quality and expert inputs — underscoring that modelling alone is not a substitute for judgment and experience.

Commercial Regulatory Issues

Proposed TPLF Bill Sparks Privacy Concerns Across Legal Landscape

By John Freund |

A new legislative push to increase transparency in third-party litigation funding (TPLF) has ignited concern over the potential erosion of individual privacy rights, especially for plaintiffs involved in sensitive litigation. While the bill aims to shed light on opaque funding arrangements, critics warn that it could open the door to broad and unnecessary disclosures of personal data.

An article in The Hill notes that among the more controversial aspects of the proposed bill is its requirement that plaintiffs and their attorneys disclose the details of any litigation funding agreements. These disclosures could go far beyond identifying funders, potentially revealing case-specific facts, medical or financial histories, and other personally identifiable information. There is no clear guidance on how such disclosures would be protected, raising the specter of public filings that expose vulnerable claimants to undue scrutiny or retaliation.

The breadth of the bill has drawn particular criticism. While aimed at foreign or undisclosed financial backers, its language is sweeping enough to encompass nearly any financial relationship, including arrangements with U.S.-based funders operating under existing regulatory frameworks. Legal observers worry that plaintiffs—especially those with lower means—may be discouraged from pursuing meritorious claims due to the fear of invasive data exposure.

Privacy advocates argue that without significant revisions, the bill risks creating a litigation environment in which strategic intelligence gathering by adversaries, funder interference, and reputational harms become routine. Several industry experts are calling for narrowly tailored disclosures limited to material funding terms, coupled with robust confidentiality protections and strict limits on public access.