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Move Over Carnival: Litigation Funding in Brazil is Heating Up!

Move Over Carnival: Litigation Funding in Brazil is Heating Up!

Writing for Vannin’s Funding in Focus series, Carolina Ramirez, Managing Director in Vannin’s newly-formed New York office, describes the litigation funding climate in South America’s largest and most populous nation. Ramirez highlights both the perceptions and practical applications of litigation finance in Brazil, as well as the regulatory climate and challenges facing industry growth in the region.
Although third party funding arrived on the Brazilian scene only recently, the practice has been warmly embraced relative to other Latin American markets. That has to do with Brazil’s liquidity crisis following the Great Recession, in addition to fallout in the aftermath of Operation Car Wash, or Operação Lava Jato, and the subsequent reliance on arbitration as a result. According to Ramirez, Brazilians maintain a perception that litigation funding is utilized solely by impecunious claimants, or those facing liquidity constraints. Although perceptions are gradually changing, she points to one local practitioner who claims that “case law on the matter is scarce and major Brazilian arbitration chambers do not publish their precedents, so parties (be it funders, funded parties or adversaries to a funded party) still have to deal with a reasonable (and potentially damaging) degree of uncertainty.” Yet despite the uncertainty, the benefits of litigation funding are widely being recognized, with one practitioner going so far as to state that the practice “will evolve to [allow] major companies seeking reasonable financing that allows them to pursue their core business objectives while conducting high level litigation.” Such is the reality of litigation funding in other major jurisdictions, so why not Brazil? Major obstacles to the adoption of litigation funding have to do with costs and time constraints — the former containing too few, and the latter containing far too many. The cost of filing a claim (appeal included) in Brazil is extraordinarily low, which of course precludes firms from seeking external funding. Additionally, cases can go through many layers of appeal before reaching conclusion, which means that funders can’t accurately predict the timing of their expected recovery. Essentially, the barriers to justice that exist in Brazil work against litigation funders, whereas the barriers that exist in the United States, for example (those being high upfront costs and balance sheet exposure), directly play into a litigation funder’s hands. According to Ramirez, by and large, third party funding is unregulated in Brazil. “Only recently did the Brazil-Canada Chamber of Commerce (“CAM/CCBC”) – one of the most renowned institutions in Brazil – issue a resolution specifically recommending that parties disclose the use of funding at the outset of an arbitration (Administrative Resolution 18/2016).” Practitioners on the ground believe in the likelihood that other arbitral institutions will at some point promulgate further regulations on third party funding in Brazil, though at present, the industry remains unregulated. So is Brazil on the precipice of future growth in the area of litigation funding? Ramirez seems to think so. “The resounding message,” she writes, “is that Brazil is ripe for third party funding and that the time to enter the market is now. It is also clear that practitioners are enthusiastic about the prospect of having foreign third party funders with significant experience enter the market and level the playing field which has thus far been dominated by a single local Brazilian third party funder.” To read Ramirez’s article in its entirety, please visit this link

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U.S. Treasury Blocks Venezuela from Funding Maduro’s Legal Defense in Drug Trafficking Case

By John Freund |

The question of who pays for Nicolas Maduro's legal representation has become a flashpoint in his federal drug trafficking prosecution, after the U.S. government reversed course on allowing Venezuela to fund his defense.

As reported by Yahoo News, the Treasury Department initially granted a sanctions exception on January 9 permitting the Venezuelan government to cover Maduro's legal expenses, only to revoke the authorization hours later without explanation. Defense attorney Barry Pollack — who previously represented WikiLeaks founder Julian Assange — argued that Venezuelan law and custom require the government to pay the expenses of the president and first lady, and that Maduro cannot otherwise afford counsel.

Maduro and his wife, Cilia Flores, were captured by U.S. special forces during a nighttime raid in Caracas on January 3, 2026. Both pleaded not guilty on January 5 to charges including drug trafficking, narco-terrorism, conspiracy, and money laundering. Prosecutors allege Maduro exploited his 13-year presidency to assist drug traffickers.

Judge Alvin Hellerstein, presiding over the case in the Southern District of New York, is now weighing the funding dispute. Flores may still be eligible to receive government-funded legal representation. Delcy Rodriguez currently leads the Venezuelan government following Maduro's capture.

The case raises broader questions about the intersection of international sanctions, sovereign immunity, and the funding of legal defense in high-profile prosecutions with geopolitical dimensions.

Burford Capital Reports 39 Percent Surge in New Business Commitments for 2025 Amid Earnings Shortfall

By John Freund |

The world's largest litigation finance firm posted a mixed set of results for 2025, pairing record new business activity with near-term earnings that fell short of market expectations.

As reported by PR Newswire, Burford Capital announced that new definitive commitments rose 39 percent year-over-year in 2025, while portfolio modeled realizations grew by $700 million to reach $5.2 billion at year-end. The firm also declared a final dividend of $0.0625 per ordinary share, payable June 12, 2026.

However, fourth-quarter earnings disappointed investors. Extended case durations and unrealized fair value adjustments weighed on results, including a $22 million fair value reduction tied to the Sysco proteins antitrust litigation portfolio.

CEO Christopher Bogart characterized the year as one of strong forward momentum despite the near-term volatility. "We had a terrific 2025 for new business," Bogart said. "The quality of the portfolio remains high, and we believe the future is bright in terms of growing the business and the potential for asymmetric upside value for shareholders."

Analysts project Burford will return to profitability in the first quarter of 2026, with estimated earnings per share of $0.29 on approximately $171 million in revenue. The results underscore a persistent tension in litigation finance: the long duration of legal proceedings can produce lumpy, unpredictable earnings even as the underlying business pipeline expands.

Pravati Capital Partners with SEI to Bring Litigation Finance to Registered Investment Advisors

By John Freund |

One of the oldest litigation finance firms in the United States has announced a strategic partnership aimed at expanding mainstream investor access to the asset class.

As reported by Business Wire via Yahoo Finance, Scottsdale-based Pravati Capital has partnered with financial services firm SEI to provide registered investment advisors with structured access to litigation finance as an alternative investment option. The collaboration will leverage SEI's distribution platform to make litigation funding opportunities available within advisor portfolios.

The partnership reflects growing institutional interest in litigation finance as an alternative asset class. Historically, litigation funding has been difficult for mainstream financial advisors to access on behalf of their clients, with the market largely dominated by specialized funds and institutional investors. The Pravati-SEI arrangement seeks to bridge that gap by creating a more accessible pathway for advisors seeking diversification through non-correlated investments.

The announcement underscores a broader industry shift as litigation finance continues to move from a niche strategy toward greater acceptance within traditional wealth management channels. As the global litigation funding market grows — projected to reach over $25 billion in 2026 — partnerships like this one may signal a new phase of institutional adoption.