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LF Dealmakers Forum Brings Together Legal Funders, Lawyers, Academics and In-House Counsel

LF Dealmakers Forum Brings Together Legal Funders, Lawyers, Academics and In-House Counsel

This past Wednesday and Thursday saw New York City play host to the 2nd annual LF Dealmakers Forum. Hosted by Wendy Chou, whose popular IP Dealmakers Forum served as a launchpad for a similar conference aimed at the litigation funding market, the sold out two-day event brought together industry experts and novices alike. Keynote Address The event kicked off with a keynote address from Stephen Susman, founding partner of Susman Godfrey, and one of most successful plaintiffs lawyers in US. Susman recounted his early days as essentially one of the first litigation funders, having formed his contingency-only plaintiff-side law firm in the late 70s, back when the notion of contingency-only raised more than a few eyebrows. Susman saw himself filling a need in the marketplace, and indeed by the end of the decade had grown so popular that in 1981 he landed the cover of American Lawyer, which itself founded the legal journalism market. In the process of running his contingency-fee practice, Susman learned how to construct fee agreements that provide the right incentives, how to handle cases efficiently, how to compensate associates and partners properly, and how to teach younger lawyers to be effective at their trade. These are all ideals that Susman continues to preach. The theme of Susman’s speech was how contingency leads to efficiency. The more skin in the game that attorneys have, the more likely they are to question the efficacy of their discovery motions, and reconsider or reevaluate their overall case strategy with an eye towards efficiency over simply a ‘more is better’ approach. “Lawyers who are paid by the hour have no incentive to be efficient,” Susman said. “Even if they give you a discount. It’s like buying a suit at Barney’s half price. It’s already been marked up four-times.” To that end, Susman advocates funders adopt a 50/50 fee model with the law firms they partner with. He recommends funders insist that law firms also maintain skin in the game. Susman further encouraged the industry to play an active role in reducing the cost of litigation. He advocates for public jury trials, as opposed to private dispute resolution. Susman ended his address by suggesting that funders have a role to play in terms of advising their clients on how best to negotiate with their law firms. While acknowledging that this advice goes against his own best interests, Susman stated unequivocally that litigation funders – with their legal expertise, and the fact that they are no longer lawyers and are therefore operating as advisors – can guide clients on how best to negotiate with law firms on fee arrangements. This is an area where funders can provide value to the client, outside of pure financing. Panel Discussions Panels ranged from a broad overview of the funding industry, to coverage of specific sector topics. In the first panel of the day, which provided a bird’s eye view on the state of the industry, panelists highlighted the industry’s monumental growth, both in single-case and portfolio funding, and within boutique and AmLaw 200 law firms alike. Of course, as firms become more knowledgeable, they are becoming more sophisticated. Five years ago many law firms hadn’t even heard of litigation funding, whereas now they are experts; some even holding auction processes for funding, and others entertaining offers from funders as a source of leverage for settlement negotiations. In the latter example, a law firm will receive an offer from a funder with no intention of accepting. They simply approach the counterparty in the claim and ask for a higher settlement figure than what the funder is willing to invest. Clearly, the marketplace is growing more sophisticated. What’s more, law firms are negotiating better fee splits on their behalf. Years ago, a funder would receive 100-150% of their investment recouped on first-money back. Today, law firms are negotiating a chunk of that first money, and even integrating success fees (usually in the 20% range) to secure their spot at the front of the line. On a CIO-specific panel, the panelists discussed their preferences for types of cases to fund. Obviously, IP topped the list, given the lengthy time-to-settlements and high upfront costs. International arbitration was also mentioned, yet most funders broaden their scope to include any commercial litigation opportunities. To keynote speaker Susman’s point, panelists did point out that they prefer to get law firms on board with fee sharing, via 50/50 splits, yet they noted how some law firms simply aren’t comfortable with risk. Therefore, if a case is right, the funder will cover 100% of fees if necessary. When asked about the biggest threats to funding, panelists agreed that all of the overly optimistic or naïve capital coming into the space could lead to some negative outcomes, like funder misbehavior which may incur negative headlines. These could then be seized upon by regulators in a bid to exert broad industry oversight. Allison Chock of Bentham IMF noted that the Chamber of Commerce is now approaching state legislatures, and none of them know what litigation finance is or how it works.  So they are ramming through legislation with people who don’t understand the industry. This is a cause for concern. And to the point of ‘dumb money’ in the space, Chock illustrated an example of how an influx of capital into a growing sector can lead to extremely bad decision-making. She told of receiving an email from a claimant in a case they had looked at that another funder had heard that Bentham was interested, so they simply threw money at the claimant. Chock’s firm signed an NDA, but that didn’t mean they were interested. They simply wanted to diligence the claim. Chock noted how this was the third such instance she heard about, where another funder jumped into a claim simply because her firm had been looking at it. “A fool and his money are soon parted,” warned Chock. A Case Study Perhaps the most interesting panel of the day centered around a case study of how litigation finance literally saved a business’ life. Business Logic (BL) had a trade secrets misappropriation and breach of contract claim against a subsidiary of Morningstar. At the time, BL was a 20-person firm with annual revenue of $4MM. All of its margin and savings were tied up in the litigation. The case had been in the works for a few years, and BL was so confident in their claim they committed much time and money to fighting it. Yet they reached a breaking point. The company was going to have to reduce its workforce to continue the claim, unless it found outside financing. They reached out to a trio of funders, and Lake Whillans responded. The funder provided fee coverage and even working capital to BL. Now, as the trial approached, law firm Yetter Coleman could find top experts and formulate a robust case. Suddenly, Morningstar got nervous. No longer could they threaten the small Business Logic by bleeding them dry pre-trial. The trial was approaching, and BL had a strong case, and was well-capitalized. The damages claim was for $65MM, and Morningstar was so concerned about a multiple of that number being rewarded, they settled for nearly the full value of the claim – $61MM. It was the 9th largest trade secrets settlement at the time, and to this day remains the largest in the state of Illinois. BL has since grown its business to 150 employees, and changed its name to NextCapital. The story illustrates the quintessential David v. Goliath dynamic that litigation funding facilitates, and highlights how funding can not only save a company from going under, but help it thrive well into the future. Final Thoughts Given the packed house, it’s safe to say there will likely be a third annual conference next year. The growing popularity of conferences like LF Dealmakers underscores the mainstream acceptance of litigation finance. I personally noticed the diversity of attendees at this conference compared to the initial installment. There were more lawyers, in-house counsel and academics this time around, and I expect that will continue into next year and beyond.

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Trucking Industry Backs Federal Liability Bill Amid Litigation Funding Concerns

A bicameral bill introduced in Congress would bar liability claims premised on vehicle safety standards stricter than those set by federal regulators, and has drawn support from a trucking and insurance coalition that counts third-party litigation funding among the pressures driving up its costs.

As reported by Transport Topics, the Uniform Vehicle Safety Standards Act was introduced on August 6 by Rep. Mike Flood of Nebraska, joined by Reps. David Rouzer, Jay Obernolte and Jake Ellzey, with a Senate companion from Sens. Deb Fischer and Cynthia Lummis. The measure would amend Title 49 of the U.S. Code to prohibit common law claims alleging that a vehicle should have met standards exceeding those established by the National Highway Traffic Safety Administration.

"In recent years, we've seen a sharp rise in lawsuits awarding damages based on state standards instead of the federal safety standards trucking companies are already required to meet," Flood said. Alex Rosen of the American Trucking Associations argued that where NHTSA has determined a standard strikes the right balance, "that expert determination should carry greater weight than hindsight judgments."

The bill itself contains no litigation funding provisions. Funding enters through the coalition assembled behind it, which includes the American Property Casualty Insurance Association and the National Association of Mutual Insurance Companies alongside nine trucking organizations and Werner Enterprises. Research from the American Transportation Research Institute cited in the piece identifies third-party litigation funding and staged accidents as evolving legal threats to carriers, and links excessive litigation to insurance premiums that have climbed 36% over eight years.

For funders, the significance is positional rather than legal. The trucking sector has become one of the more organized constituencies pressing for disclosure and restriction at the state level, and preemption bills of this kind widen the front without naming the industry directly.

Conservative Columnist Argues Litigation Funding Limits Would Disarm the Right

A guest column published this week makes a right-of-center case against pending federal restrictions on third-party litigation funding, arguing that the measures would strip conservative activists and small business owners of the capital they need to litigate against better-resourced opponents.

Writing in The State Journal, Drew Johnson takes aim at the Protecting Our Courts From Foreign Manipulation Act, led by Rep. Ben Cline of Virginia, and at Senator Thom Tillis's proposal to impose a punitive tax on litigation funding proceeds. Johnson is a senior fellow at the National Center for Public Policy Research and the 2026 Republican nominee for Nevada State Treasurer.

His central argument is that the bill's stated purpose, preventing foreign governments from bankrolling harassment suits, is already served by existing mechanisms including CFIUS review and judicial discretion, leaving the new disclosure requirements to do work their sponsors did not intend. Broad disclosure obligations, he contends, would deter funders from backing cases at all, and the resulting shortfall would fall hardest on plaintiffs without institutional balance sheets behind them.

Johnson illustrates the point with Jack Phillips, the Colorado baker who lost an estimated 40% of his income during years of litigation before prevailing at the Supreme Court with backing from Alliance Defending Freedom. Absent outside support, he writes, Phillips "could have easily been forced to surrender."

The column is notable less for its policy analysis than for its author. Litigation funding restrictions have advanced largely on Republican votes, and the industry's defenders have generally come from the plaintiffs' bar. Johnson's framing, that citizens facing wealthy opponents should not be forced to fight alone, is an attempt to contest that ground.

Five Years On, Arizona’s ABS Data Shows No Systemic Ethical Breakdown, Article Argues

An article published in the Arizona State University Corporate and Business Law Journal argues that five years of operating data under Arizona's Alternative Business Structure framework has not produced the ethical failures its opponents predicted, and that the debate is moving from theoretical objections to observable outcomes.

Writing in the ASU Corporate and Business Law Journal, Alex Chucri traces the framework to August 2020, when Arizona became the first state to eliminate ABA Model Rule 5.4 and permit non-lawyer ownership of law firms, with the ABS regime taking effect on January 1, 2021 under Arizona Supreme Court order R-20-0034. The central claim is structural: the state did not remove oversight so much as replace blanket prohibition with licensing, compliance obligations and regulatory accountability. Non-lawyers may hold equity, share profits and participate in management, but only under Supreme Court supervision, with approved compliance counsel, reporting procedures and audit requirements.

The article marshals the program's numbers. Licenses grew from two approvals in 2020 to 15 in 2021 and 25 in each of 2022 and 2023, reaching approximately 150 licensed entities by March 2026, with 114 ABSs actively operating during 2024. No ethics complaints were filed against ABS entities in the program's first three years; the first arrived in 2024, when the State Bar initiated disciplinary action involving two ABS-affiliated attorneys. A preliminary analysis of 2024 disciplinary actions, which the author acknowledges is limited by incomplete ABS staffing data, suggests ABS-affiliated lawyers faced discipline at a rate well below the broader Arizona attorney population.

Readers should weigh the source. Chucri is founder and CEO of Pravati Capital and in 2024 founded 1787 Legal Group, the Scottsdale ABS the article offers as its case in point. The argument nonetheless lands at a moment when several states, Illinois among them this week, are moving in the opposite direction, and Arizona remains the only jurisdiction with a five-year record to argue from.