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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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AmTrust Sues Sompo Over £59M in Legal Funding Losses

By John Freund |

A high-stakes dispute between insurers AmTrust and Sompo is unfolding in UK court, centered on a failed litigation funding scheme that left AmTrust facing an estimated £59 million in losses. At the heart of the case is whether Sompo, as the professional indemnity insurer of two defunct law firms, Pure Legal and HSS, is liable for the damages stemming from their alleged misconduct in the operation of the scheme.

An article in Law360 reports that AmTrust had insured the litigation funding program and is now pursuing Sompo for reimbursement, arguing that the liabilities incurred by Pure and HSS are covered under Sompo’s policies. The two law firms entered administration, leaving AmTrust to shoulder the financial burden. AmTrust contends that the firms breached their professional duties, triggering coverage under the indemnity policies.

Sompo, however, disputes both the factual and legal underpinnings of the claim. The insurer denies that any breach occurred and further argues that even if the law firms had acted improperly, their conduct would not be covered under the terms of the policies issued.

This case follows AmTrust’s recent resolution of a parallel legal battle with Novitas, another financial party entangled in the scheme. That settlement narrows the current dispute to AmTrust’s claim against Sompo.

Woolworths Faces Shareholder Class Action Over Underpayments

By John Freund |

Woolworths Group is facing a new shareholder class action that alleges the company misled investors about the scale and financial impact of underpaying salaried employees. The action, backed by Litigation Lending Services, adds a fresh legal front to the long-running fallout from Woolworths’ wage compliance failures.

According to AFR, at the heart of the claim is the allegation that Woolworths did not adequately inform the market about the risks posed by its reliance on annualised salary structures and set-off clauses. These payment methods averaged compensation over longer periods instead of ensuring employees received correct pay entitlements for each pay period. This included overtime, penalty rates, and other award entitlements.

Recent decisions by the Federal Court of Australia have clarified that such set-off practices are non-compliant under modern awards. Employers must now ensure all entitlements are met for each pay period and maintain detailed records of employee hours. These rulings significantly raise the compliance bar and have increased financial exposure for large employers like Woolworths, which has tens of thousands of salaried employees.

As a result, Woolworths could face hundreds of millions of dollars in remediation costs. The shareholder class action argues that Woolworths failed to disclose the magnitude of these potential liabilities in a timely or accurate way. Investors claim that this omission amounts to misleading conduct, and that they were not fully informed of the risks when making investment decisions.

Parabellum Capital Named in Goldstein Criminal Disclosure

By John Freund |

Tom Goldstein, the former SCOTUSblog co-founder and prominent appellate advocate, has named Parabellum Capital as the litigation funder at the center of a federal indictment accusing him of misappropriating legal financing to pay off personal debts.

Bloomberg Law reports that in a court filing made last week, Goldstein disclosed that he used advances from Parabellum to cover non-litigation-related expenses, including the purchase of a multimillion-dollar home. The revelation comes amid federal charges alleging that Goldstein misused firm funds to settle gambling losses and personal obligations, then mischaracterized those payments as business expenses. Prosecutors previously referred to an unnamed funder involved in these transactions; Parabellum is now confirmed to be that firm.

Goldstein’s disclosure appears to be part of a strategic legal response to mounting charges of tax evasion and financial misrepresentation. Once a high-profile figure in Supreme Court litigation, Goldstein now faces scrutiny not only for alleged personal financial misconduct but also for the implications his actions may have on the litigation finance ecosystem.

While Parabellum has not been accused of any wrongdoing, the situation highlights a key risk in the litigation funding model: the potential for funds advanced against anticipated case proceeds to be diverted toward unrelated personal uses. Funders traditionally require that capital be deployed for case expenses, legal fees, and expert costs—not real estate acquisitions or debt payments.

This case underscores a growing concern in the legal funding industry: the need for tighter controls, enhanced due diligence, and possibly more explicit regulatory frameworks to ensure that funding agreements are not exploited. As the industry continues to mature, episodes like this could shape how funders vet borrowers and monitor the use of their capital.