Legal Funding Journal is dedicated to informing and engaging the global legal funding community through daily news, insight, analysis and original content.

Therium Capital Management has enlisted Fortress Investment Group to take over the management of the bulk of its litigation portfolio, marking a significant operational shift for one of the industry’s most prominent players. The move comes as Therium continues to restructure its business following reported job cuts earlier this year.

As reported by The Lawyer, Fortress will now serve as sub-adviser, overseeing the day-to-day handling of most of Therium’s funded cases. The collaboration is framed as a bid for greater efficiency and operational streamlining, rather than a full exit from case management. Sources indicate that existing litigation funding agreements between Therium and law firms will remain unchanged, suggesting the funder aims to preserve continuity for its clients and counterparties.

Therium has been a key figure in shaping modern litigation finance, with a global footprint and involvement in numerous high-profile disputes. This development raises compelling questions about how prominent funders are navigating a post-PACCAR environment, and if there will be other similar restructurings on the horizon.

A consequential legal battle now before the UK Court of Appeal could have sweeping implications for litigation funders operating in the UK and beyond. The case centers on the enforceability of funding agreements that calculate funder returns as a multiple of the capital invested—a model widely used across the industry.

An article in the Law Gazette outlines how the appeal follows a High Court ruling that refused to strike out a claim challenging such a funding structure. The challenge argues that these agreements, which are not pegged to the damages recovered but instead to the amount of funding provided, could fall afoul of the UK's statutory definition of damages-based agreements (DBAs). If upheld, funders using a multiple-of-capital return model might be required to comply with the more stringent regulatory framework governing DBAs—potentially rendering many existing contracts unenforceable.

The outcome could reverberate across the legal funding landscape, particularly in collective actions, where such return structures are commonly deployed. Industry observers note that a ruling against funders would necessitate a wholesale reevaluation of how litigation finance deals are structured, priced, and disclosed, especially in the UK market.

Funders and legal practitioners alike are closely monitoring the case, viewing it as a test of legal clarity and commercial viability for the sector. The decision may also influence legislative and regulatory discussions already underway in the UK about how best to govern third-party funding.

This case underscores the regulatory and judicial uncertainties that still shadow the legal funding market, even as it matures. A ruling from the Court of Appeal could either reinforce current market practices or trigger a paradigm shift in funder-client agreements.

Siltstone Capital is taking its premier litigation finance conference, LITFINCON, global. The firm announced that its marquee event will now be hosted in three strategic locations—Houston, Singapore, and Amsterdam—marking a significant milestone in the evolution and internationalization of the litigation finance industry.

According to PR Newswire, the expansion builds on LITFINCON’s rapid growth since its inception in 2022, with the goal of fostering high-level dialogue among funders, lawyers, and investors worldwide. Each location was chosen for its significance in global legal markets: Houston remains the conference’s home base and a hub for U.S. litigation and energy disputes; Singapore offers access to the booming Asia-Pacific arbitration scene; and Amsterdam provides a gateway to European class actions and collective redress mechanisms.

Siltstone’s managing partner, William McMichael, emphasized that the global expansion is not just about geography but about shaping a more connected and mature litigation finance ecosystem. “We’ve seen the appetite for knowledge-sharing and networking among global stakeholders,” said McMichael. “LITFINCON Global is a response to that demand and a reflection of the sector’s continued growth.”

The conferences are scheduled to take place between late 2025 and early 2026, with Houston slated for February, Singapore in November, and Amsterdam to follow shortly after. Each event will retain LITFINCON’s hallmark focus on practical insights, deal-making, and candid conversation among industry insiders.

This expansion underscores the legal funding industry’s increasing globalization and mainstream acceptance. With funders and legal professionals seeking more sophisticated, cross-border opportunities, LITFINCON’s global footprint could shape the next phase of market development and standard-setting in litigation finance.

Crowell & Moring has taken a lead role in dissecting the evolving landscape of litigation finance, with firm partners contributing a dedicated chapter to the 2025 edition of the International Comparative Legal Guide (ICLG) to Lending & Secured Finance. Their contribution, titled “An Overview of Litigation Funding,” explores the latest trends, regulatory developments, and market dynamics shaping the global litigation funding sector.

An article from Crowell & Moring highlights that the chapter offers a cross-border analysis, delving into the economic rationale behind litigation funding, key legal considerations, and the increasingly sophisticated structures funders are deploying. The authors—Matthew Esworthy, David S. Kiernan, and Omar K. Madhany—examine not just the traditional model of single-case funding, but also emerging trends in portfolio and law firm financing. Their insights reflect a broader shift in the industry toward mainstream institutionalization and complex deal structuring, signaling a maturing sector with more diverse stakeholders.

The chapter also addresses regulatory uncertainty and judicial attitudes across jurisdictions, noting that while some courts have warmed to third-party funding, others remain cautious. The authors underscore the importance of transparency, due diligence, and strategic alignment between funders and claimants, particularly as litigation finance continues to attract attention from investors and policymakers alike.

This publication underscores how legal practitioners are increasingly engaging with litigation finance not merely as a tool for access to justice, but as a nuanced financial product with implications across the legal ecosystem. As the legal funding industry continues to evolve, contributions like this one serve as valuable roadmaps for navigating its legal, ethical, and commercial complexities.

Viren Mascarenhas has officially launched Mascarenhas Law PLLC, a new boutique specializing in arbitration—covering construction, commercial, investment—alongside U.S. litigation and public international law. As a seasoned arbitrator and founding partner, Mascarenhas positions the firm to navigate complex cross-border and domestic disputes.

In a post on LinkedIn, Mascarenhas links to his new website, mascarenhaslaw.com, which states that the firm’s launch marks its commitment to delivering focused, high-caliber dispute resolution services across multiple legal domains. The full-service boutique offers expertise in construction arbitration and contractual disputes, commercial arbitration, investment treaty claims, U.S. court proceedings, and matters tied to international law. The announcement also highlights that Mascarenhas sits as an arbitrator, underscoring deep procedural insight and strategic acumen.

Mascarenhas Law exemplifies the growing trend toward smaller, specialist firms in the dispute resolution space. Its focus on both arbitral advocacy and arbitral leadership reflects evolving demands for flexible, expert-driven practices. The firm's launch could influence the boutique arbitration ecosystem by prompting more focused offerings and nuanced cross‑border competency in both advocacy and tribunal service.

Noah Wortman has joined the newly launched Walgate Litigation Management as Head of Strategy, collaborating closely with Steven Mash under the umbrella of Fladgate LLP. The firm focuses on delivering comprehensive administrative and strategic support for group claims, primarily in securities litigation. Its mission is to streamline case viability assessment, funder and ATE insurance submissions, institutionally sourced investment, and administrative operations—all designed to relieve fee earners and enhance case success rates.

In a LinkedIn post, Wortman notes that Walgate offers end‑to‑end services across the full life cycle of group litigation—from identifying and vetting actionable securities cases, through securing and managing funding relationships, to handling the administrative burdens that accompany progressing claims. With support from Fladgate’s Dispute Resolution team, the entity aims to ensure that strong claims against corporate misconduct—such as securities fraud, market manipulation, and regulatory violations—are supported to fruition.

Wortman emphasizes the venture’s commitment to access to justice, explaining that Walgate creates “pathways to recovery for global investors and consumers harmed by corporate misconduct.” By constructing a book of institutional investors and facilitating seamless collaboration between funders, insurers, and legal teams, Walgate seeks to remove financial and operational barriers that often stymie large-scale group actions.

This launch reflects a broader industry trend toward specialized litigation management firms that integrate strategic funding relationships with operational execution. Walgate’s model signals a shift toward greater institutional involvement in securities class actions and demonstrates how law firms are partnering with funders to scale group litigation capabilities.

Tensions between the litigation finance and insurance sectors escalated this week, as Burford Capital accused insurance giant Chubb of anti-competitive conduct for allegedly blacklisting entities affiliated with litigation funders. The clash centers on Chubb’s reported efforts to pressure law firms, brokers, and asset managers to distance themselves from litigation finance players, claiming such associations encourage excessive litigation.

An article in the Financial Times reports that Chubb, one of the world’s largest commercial insurers, has taken a hardline stance against third-party litigation funding (TPLF). The insurer allegedly warned that business relationships with firms connected to litigation funding could jeopardize access to its insurance services. In response, Burford Capital, the world’s largest litigation financier, has challenged Chubb’s actions as potentially violating antitrust laws by leveraging its dominant market position to suppress competition and restrict access to legal finance.

Burford argues that litigation funding serves a critical role in facilitating access to justice, especially for under-resourced claimants confronting well-capitalized defendants. The firm emphasized the legality of TPLF arrangements and framed Chubb’s actions as an overreach aimed at stifling a legitimate and growing financial sector. The dispute highlights deepening fault lines between two industries with starkly divergent views on the societal and economic impacts of litigation funding.

This confrontation arrives amid heightened scrutiny of TPLF, with insurers and some policymakers portraying it as a driver of “social inflation”—increased litigation costs and larger jury verdicts. Funders, on the other hand, maintain that these claims are overblown and self-serving.

The implications for legal finance are significant. If Chubb’s actions prompt regulatory review or litigation, it could shape the future of insurer-funder relations and the broader policy environment for litigation finance. The episode also raises the question: will other insurers adopt similarly aggressive stances, or will Burford’s challenge curb the momentum of this growing backlash?

A pivotal UK court case could reshape the future of litigation finance agreements, as Sony and Apple reignite legal challenges to widely used third-party funding models in large-scale commercial disputes.

An article in Law360 reports that the two tech giants are questioning the validity of litigation funding arrangements tied to multibillion-pound cartel claims brought against them. Their core argument: that certain litigation funding agreements may run afoul of UK laws governing damages-based agreements (DBAs), which restrict the share of damages a representative may take as remuneration. A previous Court of Appeal decision in PACCAR Inc. v. Competition Appeal Tribunal held that some funding models might qualify as DBAs, rendering them unenforceable if they fail to comply with statutory rules.

This resurrected dispute centers on claims brought by class representatives against Apple and Sony over alleged anti-competitive behavior. The companies argue that if the funding arrangements breach DBA regulations, the entire claims may be invalidated. For the litigation funding industry, the outcome could severely curtail access to justice mechanisms in the UK—especially for collective actions in competition law, where third-party financing is often essential.

The UK’s Competition Appeal Tribunal previously stayed the proceedings pending clarity on the legal standing of such funding arrangements. With the dispute now heading back to court, all eyes will be on whether the judiciary draws a clear line around the enforceability of funder agreements under current law.

The decision could force funders to rework deal structures or risk losing enforceability altogether. As UK courts revisit the DBA implications for litigation finance, the sector faces heightened uncertainty over regulatory compliance, enforceability, and long-term viability in complex group litigation. Will this lead to a redefinition of permissible funding models—or to a call for legislative reform to protect access to collective redress?