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How Litigation Funding is Impacting the Broader Legal Market

How Litigation Funding is Impacting the Broader Legal Market

Ever since its arrival on the stage in the early 1990s in Australia, litigation funding has managed to impact the broader legal climate in which it participates (in early 90s Australis, that was the insolvency market, today in Australia, the UK and America, that is nearly every legal sector). Take class actions, for example. Litigation funding has been proven to increase the rate of settlements  in class actions by 21%. Professor Vince Morabito of Monash University compiled data leading up to July 2017, which showed that funded parties in class actions are 69% likely to settle, whereas unfunded parties are only 48% likely to settle. According to an ICGN report shared on LinkedIn, litigation funding has had a significant impact on various sectors of the legal market. First and foremost is the non-U.S. Securities market. Ever since the Supreme Court’s seminal 2010 ruling in Morrison v. National Australia Bank Ltd., which found that U.S. securities law applies only to stocks purchased on domestic exchanges, foreign securities investors have been ramping up legal activity across the globe. The growth of litigation funding has (not coincidentally) coincided with this surge in shareholder class actions, as funders can not only help finance claims, but can actually engage with law firms in the laborious process of building claims and sourcing claimants in the first place. This is clearly a major boon to non-U.S. law firms, which are often prevented from working on contingency the way their U.S. counterparts can. And funders have indeed been capitalizing on this opportunity, as it has been estimated that upwards of 50% of all new class action claims in Australia are funded claims. Of course, international arbitration is also seeing a spike in funded claims, with the formal acceptance of third party funding by both Hong Kong and Singapore last year. Arbitration is often a costly exercise, and typically lodged against extremely well-capitalized defendants. Litigation funders level the playing field for global enterprises seeking access to justice. All told, the various impacts of funding are only just beginning to be recognized, as the industry is still in its infancy – or perhaps its mere ‘toddler’ years. There is still plenty of maturation down the road ahead for litigation funding, and if the past few years are any indication, we’re likely to see the wider legal market change drastically as a result.

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CSAA Sees 2026 Shift in Litigation Finance Fight

By John Freund |

A senior legal executive at CSAA Insurance Group has signaled what she describes as a potential turning point in the long-running conflict between insurers and the litigation finance industry. Speaking amid heightened political and regulatory scrutiny of third-party funding, the comments reflect growing confidence among insurers that momentum is shifting in their favor after years of unsuccessful pushback.

An article in Insurance Business reports that CSAA’s chief legal officer argued that 2026 could mark a decisive phase in efforts to rein in litigation finance, citing increasing legislative interest and judicial awareness of the role funding plays in driving claim frequency and severity. According to the article, CSAA views litigation funding as a key contributor to social inflation, a term insurers use to describe the rising costs of claims driven by larger jury verdicts, expanded liability theories, and aggressive litigation tactics.

The executive pointed to a wave of proposed disclosure rules and transparency initiatives at both the state and federal levels as evidence that lawmakers are taking insurer concerns more seriously. These proposals generally seek to require plaintiffs to disclose whether a third-party funder has a financial interest in a case, a reform insurers argue is necessary to assess conflicts, settlement dynamics, and the true economics of litigation. While many of these measures remain contested, CSAA appears encouraged by what it sees as a shift in tone compared to previous years.

The article also highlights the broader industry context in which these comments were made. Insurers have increasingly framed litigation finance as a systemic risk rather than a niche practice, linking it to higher premiums, reduced coverage availability, and increased volatility in underwriting results. Litigation funders, for their part, continue to argue that funding expands access to justice and that disclosure mandates risk revealing sensitive strategy and privileged information.

Axiom Shuts Arizona Law Firm After Three-Year Experiment

By John Freund |

Axiom, the global legal talent and services provider, has decided to close its Arizona-based law firm, Axiom Advice & Counsel, marking the end of a high-profile experiment under the state’s alternative business structure regime. The move comes roughly three years after the firm launched, and reflects a broader strategic refocus rather than a regulatory intervention or disciplinary issue.

An article in Reuters reports that Axiom voluntarily chose to wind down the law firm as part of a reassessment of where it sees the greatest opportunity for growth. The firm plans to surrender its license, with the process subject to review by the Arizona Supreme Court, and indicated that the decision was made in 2025 following internal changes and departures at the firm. Axiom described the venture as a useful learning experience but ultimately one that no longer aligned with its core business priorities.

Axiom Advice & Counsel launched in early 2023 after Arizona became the first US state to permit non-lawyer ownership of law firms. The firm was positioned as a novel hybrid, combining Axiom’s flexible legal staffing model with direct legal services delivered through a licensed law firm. At launch, Axiom emphasized efficiency, technology enablement, and an alternative to the traditional law firm structure. However, by early 2025, key personnel had left the practice, and the firm concluded that operating a regulated law firm was not the optimal use of its resources.

The closure comes amid continued experimentation under Arizona’s ABS framework. Around 150 entities have been licensed, including legal services platforms such as LegalZoom and Rocket Lawyer, professional services providers like KPMG, and other alternative legal service providers testing new delivery models. While some have expanded their footprint, others, like Axiom, appear to be recalibrating their approach.

Omni Bridgeway Reports Strong 2Q26 Portfolio Performance

By John Freund |

Global litigation funder Omni Bridgeway has released a positive second quarter portfolio update, pointing to strong completion metrics and reinforcing confidence in its diversified funding strategy across jurisdictions and dispute types. The update highlights the importance of disciplined case selection and portfolio construction at a time when the legal funding market continues to mature and face closer scrutiny from investors.

An article in GlobeNewswire outlines that Omni Bridgeway recorded excellent completion outcomes during the quarter, with multiple matters reaching resolution and contributing to realizations. The company emphasized that these completions were achieved across different regions and segments of its portfolio, underscoring the benefits of geographic and claim diversification. Management noted that the results were consistent with internal expectations and supported the firm’s longer term return profile.

According to the update, Omni Bridgeway continues to focus on converting invested capital into realized proceeds, rather than simply growing commitments. The funder highlighted that completion metrics are a key indicator of portfolio health, as they reflect both successful case outcomes and effective timing of resolutions. Strong completions also provide liquidity that can be recycled into new opportunities, supporting sustainable growth without excessive balance sheet strain.

The update also touched on broader portfolio dynamics, including the ongoing mix of single case investments and portfolio arrangements with law firms and corporates. Omni Bridgeway reiterated that its underwriting approach remains cautious, with an emphasis on downside protection and realistic settlement expectations. While the company acknowledged that litigation timelines can be unpredictable, it expressed confidence that the current portfolio is well positioned to deliver value over the medium term.