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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

Commercial

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UK Lenders Ask Court of Appeal to Dismantle Group Motor Finance Case

By John Freund |

Several UK car finance providers urged the Court of Appeal on Wednesday to overturn a ruling that allows more than 5,000 customers to bring claims against them collectively, seeking to force the claimants to pursue individual actions instead. The hearing marks a pivotal test for the viability of group motor finance litigation in the UK, and by extension for the funders backing it.

As reported by Law360, the lenders argue that the claims are too varied to be managed as a single group proceeding and should be split into individual cases. The ruling under appeal had cleared the way for the 5,000-plus claimants to advance collectively — a structure that dramatically reduces per-claimant costs and is essential to the economics of funded mass motor finance litigation.

The appeal comes as the motor finance sector confronts one of the largest consumer redress exposures in recent UK history. The FCA's £9.1 billion motor finance redress scheme, confirmed earlier this month, addresses commission-linked mis-selling through a regulatory remediation channel — but parallel group litigation has continued to progress in the courts, with claimant firms pursuing damages arguments that extend beyond the FCA's redress framework.

For litigation funders, the Court of Appeal's decision will have direct implications for how mass motor finance claims can be structured, financed, and resolved. A ruling in favor of the lenders would splinter what is currently a single, fundable group proceeding into thousands of standalone actions — a structure that would be economically unworkable for most claimants and would effectively channel recoveries into the FCA scheme. A ruling upholding the group structure would cement the UK courts as a viable second track for motor finance claims running in parallel with regulatory redress.

The judgment is expected to be closely watched by funders, defendant lenders, and claimant firms involved in the wider generation of UK group consumer actions taking shape in the motor finance, data protection, and competition spaces.

Eskariam Secures €50 Million Credit Facility from Victory Park Capital to Expand Complex Damages Litigation

By John Freund |

Spanish litigation boutique Eskariam has secured a €50 million senior secured credit facility from U.S.-based Victory Park Capital, providing fresh capital to finance the firm's pipeline of complex damages and commercial disputes.

As reported by Iberian Lawyer, the facility underscores growing investor appetite for deploying private credit into litigation-intensive law firms in continental Europe, where the market for third-party capital has lagged the U.K. and the United States but is maturing rapidly.

Eskariam was founded to pursue large-scale damages claims, including cartel follow-on actions, competition cases, and high-value commercial disputes. The firm intends to use the facility to underwrite case costs, including expert fees and long-tail disbursements, while pursuing an expanding portfolio of multi-party claims on behalf of corporate clients.

Victory Park Capital, a Chicago-headquartered alternative asset manager with more than $10 billion in assets under management, has become an increasingly visible lender to specialty finance businesses, including law firm credit and litigation finance platforms. The Eskariam transaction reflects VPC's continued push into European legal assets, where credit facilities to claimant-side firms are emerging as a preferred structure for institutional investors seeking exposure to litigation returns without taking direct case risk.

The deal arrives against the backdrop of a European Commission weighing regulatory guardrails for third-party litigation funding, even as funders and law firms deepen the capital structures underpinning cross-border damages claims.

Federal Judges Weigh the Future of Third-Party Litigation Funding Inside Their Courtrooms

By John Freund |

Federal trial judges are openly grappling with how third-party litigation funding is reshaping the litigation they oversee, even as the formal rules governing disclosure remain unsettled.

As reported by Law.com, district court judges have acknowledged that funded claims are now routine features of complex commercial dockets, with funding arrangements shaping case strategy, settlement posture, and litigation duration. Several jurists emphasized that rules of disclosure have not caught up to the economic realities already present in their courtrooms.

The remarks underscore a growing divide between the federal judiciary's operational experience with litigation funding and the slower-moving rule-making process. The Judiciary's Advisory Committee on Civil Rules advanced a TPLF transparency proposal earlier this month, but broad federal disclosure remains a meaningful distance from adoption. In the meantime, individual judges are using existing case-management authority to probe funding arrangements where conflicts, control, or settlement dynamics come into question.

For commercial funders, the discussion highlights the importance of maintaining clean documentation and control boundaries between funded parties and their investors. Disclosure-adjacent questions — including whether funders exercise veto rights, participate in settlement decisions, or receive litigation work product — are increasingly the subject of ad hoc scrutiny from the bench.

The conversation also signals that judges are unlikely to wait for national rule-making before addressing TPLF-related issues that affect their cases, reinforcing the patchwork regulatory environment in which commercial funders currently operate.