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An LFJ Conversation with John Hanley, Member, McDonald Hopkins Business Department

By John Freund |
July 7, 2025

An LFJ Conversation with John Hanley, Member, McDonald Hopkins Business Department

John J. Hanley is a Member in the Business Department at McDonald Hopkins and a key contributor to the firm’s Litigation Finance Practice Group. He advises clients across the litigation finance ecosystem on the structuring, negotiation, and execution of complex funding arrangements and financial transactions. With more than 20 years of experience at leading law firms, John brings deep transactional expertise in first- and second-lien credit facilities, private placements, and the purchase and sale of loans, claims, and other illiquid assets.

His clients include litigation funders, specialty finance companies, business development corporations, hedge funds, CLO managers, SPVs, and other institutional investors. John’s practice bridges traditional lending and litigation finance, allowing him to deliver sophisticated, market-informed solutions that align legal risk with commercial strategy.

Below is our LFJ Conversation with John Hanley:

Your team is Chambers-ranked litigation finance deal counsel. How does that recognition reflect the value you bring to clients in structuring funding arrangements?

We appreciate the recognition from Chambers in a field as specialized and fast-moving as litigation finance. For us, that ranking affirms the trust our clients place in us to structure and close their transactions and the respect we’ve earned throughout the litigation finance ecosystem.

At McDonald Hopkins, we get deals done. We prioritize what matters by focusing on value, clarity, and results. Our approach is practical and efficient, guiding clients from NDA to term sheet to definitive documents and, finally, to funding with strategic precision.

You’ve worked extensively in both lending and litigation finance. How does that dual experience shape your approach to structuring deals that align interests across the table?

My lending background grounds me in negotiating and documenting deals designed to achieve client objectives while aligning incentives across counterparties. In litigation finance, those fundamentals still apply, but the environment is more nuanced. Every deal involves its own set of dynamics and considerations.

In lending, you have established credit models, conventional security packages, and repayment terms that follow predictable patterns. In litigation finance, we’re operating in a space where deal inputs aren’t standardized. Each transaction is built on a unique case or portfolio, layered with legal, factual, and procedural complexities that defy one-size-fits-all modeling. That nuance demands creativity and precision. There’s no single template that works for every matter.

At McDonald Hopkins, we recognize that underwriting is typically the funder’s responsibility. When representing funders, our primary role is to translate that underwriting into a legal structure that aligns with the deal’s risk profile and commercial objectives. From time to time we are also engaged to assist with due diligence on the underlying litigation to help ensure that the legal and procedural posture of the litigation supports the funder’s investment thesis.

When representing funded parties, whether claimants or their counsel, our focus shifts to protecting their upside, independence, and long-term position. That involves more than simply reviewing documents. We must understand how the funder views the case, the risk and return profile, and anticipate how the litigation may unfold. With that knowledge, we are equipped to negotiate terms that are fair, enforceable, and sustainable.

What are some of the key legal or regulatory pitfalls funders and claimants should be looking out for when drafting a funding agreement?

A few stand out:

  • Control: Excessive funder control can raise enforceability and ethical concerns. Decision-making authority must remain with the litigant in conjunction with their counsel. Overreach may implicate champerty or maintenance restrictions in jurisdictions where those doctrines are still active and may interfere with counsel’s duty of loyalty. Funders can and should monitor progress, but they shouldn’t steer litigation or settlement decisions. Of course, they can be a valuable sounding board.
  • Attorney-Client Privilege: Often underappreciated, this area can present serious risk. If privileged information is shared during diligence or monitoring, the NDA must preserve the common interest doctrine to try to avoid waiver. You can’t take shortcuts here.
  • Disclosure Risk: Courts and regulators are asking more questions, particularly in class actions, bankruptcies, and patent disputes. About 25% of U.S. federal district courts have local rules or standing orders requiring disclosure of third-party funding arrangements. Several states have enacted similar laws. These requirements vary by jurisdiction, so agreements should be drafted with the expectation that some level of disclosure may occur. Clarity, compliance, and defensibility are essential.
  • Intercreditor Issues: In deals involving multiple funders or creditors, agreements should clearly define repayment priority, enforcement rights in default, and how proceeds are allocated. Settlement decisions must remain with the claimant and their counsel, but funders may seek consultation on resolutions that could materially affect anticipated returns. Well-drafted intercreditor provisions help align expectations and reduce the risk of disputes after funding.
  • Proposed Tax Legislation: The “Tackling Predatory Litigation Funding Act” (S.1821), introduced by Senator Thom Tillis, would impose a 40.8% tax on profits earned by third-party funders. A revised 31.8% version appeared in the Senate’s draft of the “One Big Beautiful Bill Act,” but was removed on June 30, 2025, after the Senate parliamentarian ruled it noncompliant with budget reconciliation rules.

While the tax is no longer part of active legislation, S.1821 remains under consideration by the Senate Finance Committee. If passed, it could apply retroactively to taxable years beginning after December 31, 2025, with significant implications for deal pricing, structure, and tax treatment.

We’re advising clients to build flexibility into agreements, revisit tax allocation language, and monitor developments to preserve deal economics.

Are you seeing shifts in who’s seeking funding and how their expectations are evolving?

Absolutely. Litigation funding is no longer niche. Fortune 500 companies and smaller businesses alike are seeking funding, often because litigation costs weigh heavily on their income statements. Unlocking capital tied up in long-running cases enables companies to redirect resources toward growth, such as hiring, R&D, and strategic initiatives, or to retain preferred counsel.

Law firms have evolved as well. Firms that historically operated on a billable-hour model (think Am Law 200) are increasingly open to contingency fee arrangements, often pairing them with third-party funding to manage risk and liquidity. We’re also seeing firms across the spectrum, from personal injury powerhouses and mass tort firms to elite litigation boutiques, monetize contingency receivables to accelerate growth, improve liquidity, or shift risk. What was once a strategy for cash-constrained firms has become a strategic capital tool for practices with high-value, contingent assets.

Consumers of litigation funding are recognizing that underwriting litigation is not their core competency and that money spent on litigation could be better deployed.

Expectations today revolve around speed, transparency, and deal customization. Funders with boilerplate offerings or long diligence cycles are struggling to keep up.

Given all that evolution, how is the role of deal counsel changing in this ecosystem?

The role of deal counsel has become highly strategic. We’re not just papering deals; we’re shaping term sheets, negotiating funding mechanics, and managing multi-party dynamics to get complex transactions across the finish line.

Funders and funded parties (whether law firms, plaintiffs, or otherwise) rely on us to identify friction points early, design around them, and close with minimal disruption. That’s the role of modern deal counsel in litigation finance.

But some fundamentals remain unchanged…

Exactly. Litigation counsel must remain independent, and the fairness of the legal process must be preserved. Our role as deal counsel is to support that framework, not interfere with it.

The strongest litigation finance deals are built on clearly defined roles, aligned incentives, and mutual respect for legal boundaries. When those fundamentals are in place, both the transaction and the underlying litigation stand on solid ground.

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John Freund

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How Nera Capital Reached $150M in Investor Returns

By John Freund |
Aisling Byrne is a Director at Nera Capital, a leading litigation funder with a global footprint, where she plays a central role in driving the firm’s growth and strategic initiatives. With extensive experience in litigation funding and investor relations, Aisling focuses on building strong partnerships with law firms, funders, and stakeholders while overseeing the operational efficiency of the firm. Her leadership combines a pragmatic, solutions-driven approach with a deep understanding of both consumer and commercial claims.
Below is our LFJ Conversation with Aisling Byrne:
Nera recently passed $100 million in investor repayments, citing a “data-driven approach to case selection and risk management” as a key factor. What specific data-centric approaches have contributed the most impact?
At Nera, we see data not as a supporting tool but as the backbone of our decision-making. Our proprietary models assess thousands of variables across historical case outcomes, jurisdictional nuances, law firm performance metrics, and even the efficiency of courts. By feeding this data into predictive analytics, we can more accurately model recovery timelines and probabilities. What’s been most impactful is combining quantitative scoring with qualitative oversight—data helps us remove emotional bias, while our team of experienced professionals ensures the analysis is grounded in real-world legal and enforcement dynamics. That dual approach has allowed us to deliver consistent investor repayments while scaling responsibly.
Nera has now reached $150m in investor returns.
You secured a £20 million funding line from Fintex Capital, bolstering Nera’s ability to support consumer claims and expand funding sources. How do such funding lines influence your ability to take on riskier or less predictable claims, including those where pre-judgment attachment might play a role in enforcement?
Regardless of how many new funding lines we secure, it doesn’t mean our approach changes. In the consumer division, our strategy of supporting proven, legal precedent set claim types and claim selection criteria remains exactly the same—and that high bar has been fundamental to our success and our ability to deliver substantial repayments to investors. The additional capital simply allows us to scale what we already do well, without diluting our standards.
For investors with a different criteria, the commercial division may be better suited. Those cases can sometimes have less predictable timelines, but also offer higher potential returns. In this way, we can align capital sources and timelines with the most appropriate claim types, ensuring consistency in performance while broadening the opportunities we can pursue.
Many financialized legal claims carry the potential for post-judgment or post-award interest and/or enforcement costs. Could you speak to how Nera evaluates the enforceability of judgments, including the likelihood of successful asset attachments (domestic or abroad), in structuring returns for investors?
Enforceability is as important as the merits of the case itself. A favourable judgment is meaningless without a realistic pathway to recovery. At Nera, we always seek to avoid claims where enforceability is in doubt. Before committing, we carry out a comprehensive enforceability assessment, which includes mapping the defendant’s asset profile, reviewing local enforcement regimes, and stress-testing recovery prospects. This rigorous upfront analysis is a cornerstone of our underwriting approach, and in our 15 years of business, we have not experienced enforcement issues—a strong validation of the discipline and prudence built into our process.
Given that litigation finance is often argued to be an “uncorrelated asset class,” how does Nera balance its portfolio of consumer mass claims, commercial disputes, and potential cross-border enforcement matters to provide both stability and high upside for investors?
Diversification is central to our portfolio construction. Consumer claims tend to generate steady, repeatable outcomes that provide stability and heavy settlement cash flows. Commercial disputes, on the other hand, carry larger ticket sizes and higher upside, but sometimes involve greater complexity and longer timelines.
When it comes to cross-border enforcement matters, we take a very cautious stance. We look to avoid supporting claims where enforceability could present difficulties and always conduct an upfront enforcement assessment. By working with leading lawyers and advisers in each jurisdiction, we ensure risks are fully evaluated and mitigated before committing capital.
Because these different claim types are not only uncorrelated with traditional markets but also with one another—thanks to variations in claim structure, jurisdiction, and duration—we can actively balance short-term liquidity against long-term growth. This layered approach allows us to deliver both stability and meaningful upside, while staying true to the uncorrelated nature of litigation finance.
 
As Nera has expanded into the Netherlands and joined the European Litigation Funders Association (ELFA), what regulatory, ethical, or procedural hurdles have you confronted? How do these shape your funding models?
Europe presents both opportunities and challenges. In the Netherlands, collective redress mechanisms are still evolving, and with that comes heightened regulatory and judicial scrutiny. By joining ELFA, we’ve committed to the highest standards of transparency, governance, and ethical practice, which we see not as a constraint but as a competitive advantage.
One hurdle has been adapting our funding structures to meet jurisdiction-specific requirements, such as disclosure obligations and court oversight of funder involvement. These challenges have made us more deliberate in how we design our funding contracts and financial models, ensuring they are robust, compliant, and aligned with the long-term sustainability of the sector. Ultimately, we welcome this direction—it elevates the industry and builds trust with investors, law firms, and claimants alike.
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An LFJ Conversation with Jim Batson and Robert Le of Siltstone Capital

By John Freund |

Jim Batson serves as Managing Partner, General Counsel, and Chief Investment Officer of Siltstone Capital’s legal finance strategy, where he leads investment origination, diligence, and portfolio management for global dispute-related opportunities. With over a decade of experience in legal finance, Jim brings a unique blend of legal expertise and investment acumen to Siltstone’s expanding platform.

Before joining Siltstone, Jim served as the Chief Operating Officer at Westfleet Advisors, a litigation finance advisory company, and before that, as the Co-Chief Investment Officer – U.S. at Omni Bridgeway, a global litigation finance fund manager. At Omni, Jim was instrumental in expanding the firm’s U.S. presence, implementing the U.S. investment strategy, and developing one of the most respected teams in the industry.

Jim began his career as a trial lawyer. He later became a partner at Liddle & Robinson in New York, where he handled groundbreaking cases, including the seminal e-discovery case Zubulake v. UBS Warburg. His experience as both a litigator and investor enables him to evaluate risk and opportunity from multiple angles, making him a trusted partner to law firms, claimholders, and investors.

Robert Le is a Founder and Managing Partner of Siltstone Capital. Prior to founding Siltstone, Mr. Le was a Portfolio Manager at an investment platform of Millennium Partners, a hedge fund located in New York. Mr. Le managed a portfolio of public investments in the energy sector. Before Millennium, Mr. Le helped launch the E&P strategy at Zimmer Lucas Partners (“ZLP”), a Utility and Master Limited Partnership (“MLP”) focused hedge fund. During his tenure, the E&P portfolio became the top performing strategy.

Prior to ZLP, Mr. Le worked as an Analyst at Canyon Capital. Prior to Canyon, Mr. Le was an Investment Banking Analyst at Morgan Stanley in the Global Energy Group. Mr. Le graduated from the University of Pennsylvania magna cum laude and as a Benjamin Franklin Scholar. Mr. Le also received a Rotary Ambassadorial Scholarship for postgraduate studies in Sydney, Australia.

Below is our LFJ Conversation with Jim Batson and Robert Le:

How does Siltstone integrate legal considerations into your investment strategies, particularly in the niche asset classes you focus on?

At Siltstone, legal analysis is at the heart of every decision we make. Before we commit capital—whether it’s in complex commercial disputes, or intellectual property—we start by looking at the case through a legal lens.

We’ve also developed proprietary software that allows us to quantify and track those risks in a disciplined way. By integrating legal considerations directly into our financial models, we’re able to bridge the gap between legal strength and economic value. Bringing on Jim Batson further strengthens our focus on diligence, given his breadth of experience.

Siltstone emphasizes 'organically sourced alternative investment opportunities.' Can you elaborate on the process of identifying and securing these unique opportunities?

When we talk about “organically sourced alternative investment opportunities,” we mean opportunities that come to us through the network we’ve built and cultivated.  Over the years, we’ve developed deep relationships across the litigation finance ecosystem, including law firms, businesses, claimants, insurers, experts, and brokers.  Those connections give us access to opportunities early, often before they hit the broader market.

We’ve also worked hard to create platforms that connect the industry more broadly, most notably LITFINCON—the premier litigation finance conference. LITFINCON has become a central gathering point for funders, law firms, insurers, investors, and thought leaders. In January 2026, we’ll host our fifth iteration in Houston, where we will once again be at the center of conversations shaping the industry and making connections.

By combining long-term relationships, our collective experience, and the connections we form at LITFINCON, we’re able to consistently identify and secure unique, high-quality opportunities that align with our investment strategy.

Siltstone aims to provide 'uncorrelated risk-adjusted returns.' What strategies do you employ to ensure the portfolio remains uncorrelated and resilient to market fluctuations?

At Siltstone, when we talk about delivering “uncorrelated risk-adjusted returns,” we mean building a portfolio that’s insulated from broader market swings. Case outcomes move on their own timelines and are driven by judicial processes, not by macroeconomic headlines.

Our proprietary risk-assessment tools enable us to model duration, damages, appeal exposure, and recovery probabilities, which provides discipline in portfolio construction and helps keep correlations low.

This mix of uncorrelated assets, disciplined structuring, and diversified exposure makes the portfolio resilient, regardless of broader market fluctuations.

Could you share insights into any recent developments or trends you're observing in the legal finance sector, and how Siltstone is adapting to these changes?

One of the biggest developments we’re seeing in legal finance is the continued professionalization and institutionalization of the space. What was once a niche, under-the-radar asset class is now drawing attention from major investors who are looking for uncorrelated returns. That shift brings both opportunity and competition.

We’re also watching growth in secondary markets—funders and investors are increasingly finding ways to trade exposure midstream, whether through portfolio sales, insurance solutions, or securitized products. That liquidity dynamic is changing how capital flows into the sector and how risk is managed.

Another important development is the ever-changing landscape of insurance. The use of insurance to protect downside risk has become far more sophisticated, with products ranging from adverse costs coverage to judgment preservation insurance. For funders like us, insurance provides an additional tool to de-risk investments and expand our ability to structure creative solutions for clients and investors alike.

We’re also seeing the rise of technology and data-driven tools. From case analytics to AI-driven damages modeling, the sector is moving toward greater use of predictive insights. At Siltstone, we’ve leaned into this by building proprietary software to better quantify and track litigation risk, which enhances both origination and portfolio management.

Finally, the regulatory conversation is becoming more active. We’re paying close attention to potential disclosure requirements and other legislative proposals. Our approach is to stay ahead of the curve by structuring deals with transparency in mind and building flexibility into our agreements so that regulatory changes don’t disrupt performance.

LITFINCON has quickly established itself as a premier event in the U.S. Now that it’s expanding globally, what factors drove that decision?

LITFINCON has quickly become the premier litigation finance event in the U.S., and expanding globally was the natural next step. As we continue to deploy capital and evaluate opportunities, we’re seeing that the market is increasingly international as claims, structures, and counterparties are emerging across multiple jurisdictions. To stay at the forefront, we need to be engaged globally.

We’re also seeing greater diversity in both the types of cases and the investment structures being developed around the world. Expanding LITFINCON beyond the U.S. allows us to explore those innovations directly, while also connecting with new partners and perspectives.

That’s why, in addition to hosting LITFINCON Houston on January 14–15, 2026, we’ll be taking the event global—with a conference in Singapore this July and another in Amsterdam this Fall. Ultimately, going global is about building on the momentum we’ve created by expanding relationships, opening new doors, and growing a broader, more connected LITFINCON community.

LFJ Conversation

An LFJ Conversation with Kris Altiere, US Head of Marketing, Moneypenny

By John Freund |
Kris Altiere is the US Head of Marketing at Moneypenny, the leading provider of customer conversation solutions for the legal sector. With more than 20 years of experience in marketing and brand development, she is an award-winning strategist who helps law firms and legal service providers enhance client experience, strengthen reputation, and drive growth.  Kris is passionate about blending creativity with data-driven insight, ensuring attorneys and their teams benefit from smarter, more efficient ways to connect with clients while maintaining the highest standards of professionalism. Below is our LFJ Conversation with Kris: Litigation funders and firms are under pressure to respond instantly to client inquiries. From your perspective, how can they meet these expectations without overburdening staff or creating burnout? Across both funding companies and law firms, clients expect clear, informed answers almost immediately. The solution isn’t to expect internal staff to be ‘always on’, that leads to fatigue and errors. Instead, the answer lies in building an intake structure that blends smart technology and AI with flexible human support. At Moneypenny, we see huge success when firms use tools like intelligent call routing or secure live chat to capture every inquiry, triage urgency, and pass only relevant conversations to specialists. By combining in-house capability with trusted outsourced teams, organizations maintain round-the-clock responsiveness without compromising staff wellbeing. Moneypenny’s model offers outsourced communication support. What role can outsourcing play in ensuring consistent, high-quality client interactions, and how do you balance personalization with scalability? Outsourced communication support should never feel outsourced. The best providers act as a seamless extension of your team. At Moneypenny, our receptionists are trained to represent the companies brand, understand escalation paths, and client sensitivities, so every caller feels known and valued. This hybrid model means law firms and funders alike can deliver a highly personalized experience, while still having the scalability to absorb surges in demand. That balance is what protects reputation in high-stakes, time-sensitive matters. What best practices have you seen for maintaining responsiveness while also protecting the wellbeing of in-house teams—especially in high-stakes, time-sensitive legal funding matters? 
  • Define clear service levels: agree internally which inquiries require immediate attention and which can wait.
  • Use shared dashboards and call logs so tasks are visible and distributed fairly.
  • Rotate responsibilities for after-hours or urgent coverage and protect genuine downtime.
  • Partner with specialists like Moneypenny for overflow support during campaigns, press interest, or large case volumes.
  • Celebrate client praise so people see the impact of their professionalism, reframing responsiveness as value, not just pressure.
As the litigation funding market becomes more competitive, pricing alone no longer sets players apart. How important is the client journey—from first inquiry through to resolution—in shaping brand reputation? As competition intensifies, fees alone won’t win loyalty. Clients are looking for reassurance and transparency from the very first call through to resolution. Whether it’s a funder evaluating a claim or an attorney guiding a litigant, the speed, clarity, and empathy of your communications define how your brand is perceived. At Moneypenny, we’ve seen firms use exceptional communication to build loyalty, generate referrals, and justify premium pricing, because a smooth, human-led journey builds trust that competitors can’t easily replicate. Many funders struggle to align their communications, marketing, and operations. What practical steps would you recommend to ensure a seamless and empathetic experience across every touchpoint? To align marketing, communications, and operations:
  1. Map the lifecycle for funded matters and legal cases, capturing every stage from inquiry to closure.
  2. Set a consistent tone and language so outreach, intake, and case updates are aligned.
  3. Adopt shared technology (CRM, case management, call notes) to prevent siloed touchpoints.
  4. Monitor & refine: listen to sample calls, gather client feedback, and adjust scripts or processes to stay aligned with brand values.
Moneypenny partners with firms at each of these steps, ensuring consistency across touchpoints and allowing legal teams to focus on the matters that really need their expertise.