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Key Takeaways from LFJ’s Virtual Town Hall: Spotlight on AI & Technology

By John Freund |

Key Takeaways from LFJ’s Virtual Town Hall: Spotlight on AI & Technology

On Thursday, February 27th, LFJ hosted a virtual town hall on AI and legal technology. The panel discussion featured Erik Bomans (EB), CEO of Deminor Recovery Services, Stewart Ackerly (SA), Director at Statera Capital, David Harper (DH), co-founder and CEO of Legal Intelligence, and Patrick Ip (PI), co-founder of Theo AI. The panel was hosted by Ted Farrell, founder of Litigation Funding Advisers.

Below are some key takeaways from the discussion:

Everyone reads about AI every day and how it’s disrupting this industry, being used here and being used there. So what I wanted to ask you all to talk about what is the use case for AI, specific to the litigation finance business?

PI: There are a couple of core use cases on our end that we hear folks use it for. One is a complementary approach to underwriting. So initial gut take as to what are potentially the case killers. So should I actually invest time in human underwriting to look at this case?

The second use case is a last check. So before we’re actually going into fund, obviously cases are fluid. They’re ever-evolving. They’re changing. So between the first pass and the last check, has anything changed that would stop us from actually doing the funding? And then the third more novel approach that we’ve gotten a lot of feedback

There are 270,000 new lawsuits filed a day. Generally speaking, in order to understand if this lawsuit has any merit, you have to read through all the cases. It’s very time consuming to do. Directionally, as an application, as an AI application, We can comb through all those documents. We can read all those emails. We can look through social and digest public information to say, hey, these are the cases that actually are most relevant to your fund. Instead of looking through 50 or 100 of these, these are the top 10 most relevant ones. And we send those to clients on a weekly basis. Interesting.

I don’t want you to give up your proprietary special sauce, but how are you all trying to leverage these tools to aid you and deliver the kind of returns that LPs want to see?

SA: We can make the most effective use of AI or other technologies – whether it’s at the very top of the funnel and what’s coming into the funnel, or whether it’s deeper down into the funnel of a case that we like – is that we try to find a way to leverage AI to complement our underwriting. We think about it a lot on the origination side just making us more efficient, letting us be able to sift through a larger number of cases more quickly and as effectively as if we had bodies to look through them all, but also to help us just find more cases that may be a potential fit.

In terms of kind of the data sources that you rely on. I think a question we always think about, especially for kind of early stage cases is, is there enough data available? For example, if there’s just a complaint on file, is that going to give you enough for AI to give you a meaningful result?

I think most of the people on this call would tell you duration is in a lot of ways the biggest risk that funders take. So what specific pieces of these cases is AI helping you drill down into, and how are you harnessing the leverage you can access with these tools?

DH: We, 18 months ago or so, in the beginning of our journey on this use case in law, were asked by a very, very big and very well respected personal injury business in the UK to help them make sense of 37,000 client files that they’d settled with insurers on non-fault motor accident.

And we ran some modeling. We created some data scientist assets, which were AI assets. And their view was, if we had more resources, we would do more of the following things. But we’re limited by the amount of people we’ve got and the amount we get per file to spend on delivering that file. So we developed some AI assets to investigate the nearly 40,000 cases, what the insurers across different jurisdictions and different circumstances settled on.

And we, in partnership with them, improved their settlement value by 8%. The impact that had on their EBITDA, etc. That’s on a firm level, right? That’s on a user case where a firm is actually using AI to perform a science task on their data to give them better predictive analysis. Because lawyers were erring on the side of caution. they would go on a lowball offer because of the impact of getting that wrong if it went to court after settlement. So I think for us, our conversations with financiers and law firms, alignment is key, right? So a funder wants to protect their capital and time – the longer things take, the longer your capital’s out, the potential lower returns.

AI can offer a lot of solutions for very specific problems and can be very useful and can reduce the cost of analyzing these cases, but predictive outcome analysis requires a lot of data. And so the problem is, where do you get the data from and how good is the data? How unstructured or structured are the data sets?

I think getting access to the data is one issue. The other one is the quality of the data, of course, that you put into the machine. If you put bad data in a machine, you might get some correlations, but what’s the relevance, right? And that’s the problem that we are facing.

So many cases are settled, you don’t know the outcome. And that’s why you still need the human component. We need doctors to train computers to analyze medical images. We need lawyers and people with litigation experience who can tell a computer whether this is a good case, whether this is a good settlement or a bad settlement. And in the end, if you don’t know it because it’s confidential, someone has to make a call on that. I’m afraid that’s what we have to do, right? Even one litigation fund or several litigation funders are not going to have enough data with settlements on the same type of claim to build a predictive analytical model on it.

And so you need to get massive amounts of data where some human elements, some coding is still going to be required, manual coding. And I think that’s a process that we’re going to have to go through.

You can view the full panel discussion here.

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John Freund

John Freund

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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.

Innsworth Penalized for Challenge to Mastercard Settlement

By John Freund |

A major ruling by the Competition Appeal Tribunal (CAT) has delivered a setback to litigation funder Innsworth Advisors, which unsuccessfully opposed the settlement in the landmark Mastercard consumer class action. Innsworth has been ordered to pay the additional legal costs incurred by class representative Walter Merricks, marking a clear message from the tribunal on the risks of funder-led challenges to settlements.

As reported in the Law Gazette, the underlying class action, one of the largest in UK legal history, involved claims that Mastercard’s interchange fees resulted in inflated prices passed on to nearly 46 million consumers. The case was brought under the collective proceedings regime, and a proposed £200 million settlement was ultimately agreed between the class representative and Mastercard. Innsworth, a funder involved in backing the litigation, challenged the terms of the settlement, arguing that it was disproportionately low given the scope and scale of the claim.

The CAT, however, rejected Innsworth’s arguments and sided with Merricks, concluding that the settlement was reasonable and had been reached through an appropriate process. Moreover, the tribunal found that Innsworth’s intervention had caused additional work and expense for the class representative team—justifying the imposition of cost penalties on the funder.

For the litigation funding sector, this ruling is a cautionary tale. It underscores the importance of funder alignment with claimants throughout the litigation and settlement process, particularly in collective actions where public interest and judicial scrutiny are high.

Court Dismisses RTA‑Client Case

By John Freund |

Law firm Harrison Bryce Solicitors Limited had attempted a counterclaim against its client following the dismissal of a negligence claim against the firm. First the counterclaim was dismissed, and now the appeal against the counterclaim's dismissal has also been dismissed.

According to the Law Society Gazette, Harrison Bryce argued that it had been misled by its client, Abdul Shamaj, who had claimed to have sustained injuries in a road traffic accident (RTA) and instructed the firm accordingly.

Shamaj retained Harrison Bryce on the basis of a purported RTA injury claim, and the firm later brought professional negligence proceedings against the client, alleging that the claim lacked credibility. Shamaj, in turn, mounted a counterclaim against the firm.

Both the negligence claim and the counterclaim were dismissed at first instance, and the Harrison Bryce's appeal of the dismissal of the counterclaim has now been refused.

The key legal takeaway, as highlighted by the judge, is that simply pleading that the client misled the firm is not sufficient to make out a viable counterclaim. The firm needed to advance clear and compelling evidence of the client’s misrepresentation, rather than relying on allegations of general misled conduct.