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The Litigation Finance 2017 Year-in-Review

Evolution. Maturity. Growth spurt. Those are the terms one might use to describe Litigation Finance in 2017.  The industry saw a flurry of activity that would make any beehive jealous: Markets opened, funds raised, legal precedents established, and a host of new entrants already looking to disrupt the lit fin industry, which itself is in the midst of disrupting one of the oldest institutions on the planet.

So let’s take a look back at how Litigation Finance ‘took off the training wheels,’ and properly came of age in 2017…

First, let’s state the obvious: As litigation costs have soared globally, more and more companies and law firms are turning to third party funding to finance their legal claims. While legal questions remain over issues concerning disclosure, enforceability, privilege, and costs and security for costs, generally courts have held a favorable view towards third party funding, with rare exceptions.

Globally, litigation finance is on the march. New markets opened in Singapore and Hong Kong, international arbitration is cementing its presence in Brazil, and funders are opening shop in countries all around the world, from New Zealand to Canada and everywhere in between.

In terms of the funding specifics, Burford Capital – the world’s largest litigation funder – conducted a 2017 Litigation Finance Survey. Their findings show the most requested types of financing by practice area:

  1. IP/Patents
  2. Contract
  3. Business Torts
  4. Asset Recovery
  5. International Arbitration
  6. Monetization Of Pending Legal Receivables
  7. Bankruptcy/Insolvency
  8. Antitrust/Competition
  9. Securities
  10. Fiduciary Duty
  11. Fraud
  12. Tax Disputes

Notably, over the last 12 months, among AmLaw 100 ranked firms, 74 made at least one request for financing from Burford or represent a client who did. Burford also tops the list in terms of fundraises, having launched a $500MM investment vehicle in 2017.

Not to be outdone, Chicago-based Longford Capital also raised $500MM, the largest such fund in North America. IMF Bentham raised an aggregate $350MM over 3 fundraises – all taking place in 2017. And other firms such as LexShares and Pravati Capital both raised investment vehicles.

New entrants, both large and small, also made a splash in 2017. Nick Rowles-Davies launched his long-awaited fund, Chancery Capital, and boutique shops like TownCenter Partners expanded their presence nationwide. Meanwhile, 2017 also saw the expansion and launch of potential industry disruptors, like CrowdJustice (which expanded from the UK into the US), Facebook Personal Fundraising (which launched this year and has the potential to disrupt consumer legal funding), and of course, Legalist, which has been making highly-publicized moves to attract attention and gain market share. Peter Thiel – the ‘Godfather of Litigation Finance‘ (I’m trying to coin that… if it catches on, you heard it here first!) – invested in the Silicon Valley-based startup, which aims to disrupt the lit fin industry by using algorithms instead of lawyers. Think about that: Litigation Finance is disrupting the world’s legal system, and now a startup is trying to disrupt the disruptor!

But wait – I’ve saved the best for last! 2017 is also the year that the FIRST AND ONLY dedicated news source to the litigation finance industry opened its doors. Any idea who I’m talking about…?

NO???

Well here’s a nifty article that might help jog your memory…

All said, 2017 was a turning point. This is the year that lit fin finally went mainstream. Everyone from in-house counsel to private practice litigators to Wall Street investors to lawmakers around the world are perking up and taking notice. We’re excited for what 2018 has in store, and eagerly anticipating the industry’s inevitable expansion both in the United States and globally.

Here’s to a memorable 2017, and to even bigger news stories on the horizon…

Happy 2018 everyone!!

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International Legal Finance Association Adds West U Capital as New Member

By Harry Moran |

The International Legal Finance Association (ILFA), the only global association of commercial legal finance companies, today announced the addition of West U Capital to the organization’s rapidly growing membership base. 

West U Capital is an intellectual property investment firm actively seeking and engaging in a broad range of transactions, including patent litigation funding, law firm financing, patent acquisition, patent-based lending, or some combination of the four. West U’s team has decades of intellectual property-centric investment and capital management experience to provide patent owners and law firms with a range of capital options to help them monetize their patents and grow their businesses. 

“As the world’s leading association representing the commercial legal finance industry, ILFA is excited to welcome West U Capital as its newest member,” said Shannon Campagna, ILFA’s interim Executive Director. “The addition of West U and their IP investment and litigation expertise demonstrates the increasingly diverse arenas in which legal finance helps businesses and entrepreneurs access justice. The firm will play a significant role in promoting the highest standard of operation and service for the commercial legal finance sector across investment areas.”

The firm was founded by Managing Partners Joseph Kessler and Mark Roche. Two experienced leaders in the intellectual property space, Kessler formerly co-founded and managed the IP Finance team at Fortress Investment Group, an ILFA member, and Roche co-founded and managed AT&T’s intellectual property arm, Knowledge Ventures, before co-founding IP investment firm Techquity Capital Management. 

“Joining ILFA marks an exciting milestone for West U Capital,” said Roche. “We're eager to contribute our expertise in patent litigation and law firm financing to ILFA's ongoing efforts to shape the future of commercial legal finance.” Kessler added, “ILFA's dedication to promoting transparency and ethical practices aligns with our values at West U. We look forward to collaborating with fellow members to drive innovation and ensure the continued growth and integrity of our industry." 

About the International Legal Finance Association 

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate, and influence legislative, regulatory, and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. 

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official. 

About West U Capital 

West U Capital is an intellectual property-centric investment and capital management firm providing a variety of capital options to help maximize the value of intellectual property, including patent acquisitions, litigation funding, law firm financing, patent-based lending, and hybrid or tailored combinations. Its partners include small and medium companies, multinational corporations, research entities, and universities from a wide array of technology and market sectors across geographical regions. With decades of transactional and investment experience, West U’s growing team has underwritten, executed, managed, and exited hundreds of IP-related investments and transactions involving billions in invested capital. 

For more information, visit https://www.westucapital.com/

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Announcements Commercial Regulatory Issues

International Legal Finance Association (ILFA) Welcomes New BEUC Position Paper – ‘Justice Unchained’

By Harry Moran |

The International Legal Finance Association (ILFA), the global voice of commercial legal finance, has today commented on the new position of BEUC, The European Consumer Organisation, on the use of commercial funding for collective redress as expressed in their paper ’Justice unchained - BEUC’s view on third party litigation funding’. 

The BEUC paper acknowledges several key points:

  • Third-party litigation funding (TPLF) is essential to guarantee European consumers access to justice.
  • There is ‘insufficient evidence’ for the repeated, unsubstantiated claims of the US Chamber of Commerce that TPLF undermines the justice system.
  • There is ‘no need to add further EU rules regulating TPLF’ at this time and additional regulation of TPLF risks ‘disproportionately disadvantaging consumer organisations’ and increasing the cost of litigation for those accessing funding. 

Following the publication of the report, Neil Purslow, Chairman of the Executive Committee of ILFA, commented:

‘BEUC, the pre-eminent voice of consumer organisations in the EU, rightly recognises the vital role funders played in enabling equal access to justice for consumers in collective redress. As BEUC highlights, litigation funding not only levels the playing field for consumers, but also deters corporate wrongdoing by strengthening consumer organisations in exercising their rights.

We support the BEUC conclusion that further regulation at the EU level at this time does not make sense and that existing tools provide safeguards to ensure the system works fairly. While our critics like the US Chamber of Commerce continue to push unsubstantiated claims to constrain access to justice, BEUC has been able to see through and identify the clear benefits of litigation funding for consumers.’ 

The full paper from BEUC can be found here. 

About ILFA

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the global voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. For more information, visit www.ilfa.com and like us on LinkedIn and X @ILFA_Official. 

About BEUC

BEUC is the umbrella group for 44 independent consumer organisations from 31 countries. Their main role is to represent them to the EU institutions and defend the interests of European consumers, covering areas such as competition, consumer rights, digital rights, redress and enforcement, financial services, safety, sustainability and trade policy.

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The First Collective Work on Third Party Funding in Spain is Presented by Ramco Litigation Funding and ICADE University.

By Harry Moran |

The book La Financiación de Litigios en derecho español y comparado: estado del mercado y su regulación, (Thrid Party Funding in Spanish and Comaprative Law) published by ARANZADI LA LEY, is being presented by Ramco Litigation Funding and ICADE University. This work provides clarity and reflection on this figure, which is undoubtedly a tool that helps to dynamise the legal sector and provides better access to justice.

This is the first collective book, with 21 leading authors, on Litigation Funding in Spain and is a guide to the status, nature and regulation of this figure in Spain and in Comparative Law. It is aimed at all professionals in the legal sector and includes, in a novel way, in a single work, the perspective of professionals from different areas of the legal sector (professors, lawyers, in-house lawyers, company lawyers, arbitrators, financiers, etc.) both nationally and internationally, on the different aspects of Litigation Funding. The book has been published in Spanish and will be published in English language at the beginning of next year.

Since the first funders entered Spain in 2017, Litigation Finance has seen exponential growth year on year, following the trend observed in other countries. Spain is the fourth country in its use in Europe, after the United Kingdom, Germany and the Netherlands, as indicated in the European Parliament report.

In recent years, the Spanish market has experienced a growing demand from companies, law firms and individuals, who see Litigation Finance as a tool to monetise their legal assets, reduce costs and manage risks.

The book was presented las Wednesday at ICADE's headquarters with the intervention of the Dean of the Faculty of Law and author, Abel Veiga, who stated that a work of this nature was necessary for reflection and debate on this figure in Spain. Urquiola de Palacio, exchairman of the UIA and arbitrator, the book's prologue writer, commented on the importance of the work in Spain, as well as its potential impact in other jurisdictions, and suggested that it should be translated into English in order to be sent to the European Commission in the process of research being carried out on the regulation of Litigation Funding.

The round table was moderated by Diego Agulló (professor of International Law in ICADE)  and the speakers were Antonio Muñoz Murillo, director of litigation at Iberdrola; Paulino Fajardo, partner at HSF Kramer; Ruth Rodríguez Lazcano, lawyer at the Technical Office of the Supreme Court; and Cristina Soler, CEO of Ramco Litigation Funding.

Antonio Muñoz Murillo spoke about the importance of the in-house figure in companies and the need for legal departments to adapt to business structures in order to be proactive, exploring new models that exist in the market to add value to their operations.

Paulino Fajardo insisted on the need to normalise the figure of the litigation funder as just another operator in the market and not as something extraordinary. He stated that lawyers owe it to their clients, and that it is up to their clients to decide whether or not to use these structures, while maintaining the lawyer's total independence.

For her part, Ruth Rodriguez explained the importance of reference works to guide judges and help them to better understand the framework and the use of funders.

Cristina Soler closed the event by thanking all the authors and ICADE, highlighting how important it is for Ramco to have promoted a book of this magnitude to raise awareness of this figure, which continues to grow in Spain with a high degree of user satisfaction, as stated in the recent report published by Ramco in 2023. He insisted that funders do not generate more frivolous litigation, as they study cases in depth and their chances of success; on the contrary, they generate resources for better access to justice.

Ramco will continue to promote valuable activities that provide information and help to improve the understanding of Litigation Finance in a transparent and coherent manner.

For more information: www.ramcolf.com  

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