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Smarter Intake for Litigation Finance Firms

By Eric Schurke |

Smarter Intake for Litigation Finance Firms

The following piece was contributed by Eric Schurke, CEO, North America at Moneypenny.

From the very first interaction, litigation finance firms and legal teams should be capturing structured, decision-ready information that enables early case assessment, risk evaluation, and efficient routing. 

This typically includes:

• Who the potential claimant or referrer is and their preferred method of communication
• The context of the matter, including jurisdiction and type of claim
• The stage, urgency, and timeline of the case
• Key parties involved and any relevant documentation
• How the opportunity originated

When captured consistently, this information allows for faster triage, more effective screening, and quicker progression from initial enquiry to investment decision. 

What are the most common mistakes organizations make when handling inbound investment or M&A inquiries?

In litigation finance, the most common mistakes are operational but they have direct commercial and reputational consequences:

1. Slow response times
Prospective clients often contact multiple firms at once. Delays can signal lack of availability or interest.

2. Unstructured information capture
Inquiries can come in over the phone, through email, website forms and LinkedIn, resulting in fragmented or incomplete information.

3. Over-automation or under-humanization
Generic automated responses can feel impersonal, while entirely manual processes create inconsistency and delays.

4. Poor routing and follow-up
Without clear ownership, communications can sit in inboxes or be passed between teams meaning opportunities can stall or be lost internally.

Ultimately, the biggest mistake is treating first contact as administrative rather than strategic, when, in reality, it is the starting point of deal quality.

The most effective approach is a hybrid one – using technology for speed, structure, and consistency and people for judgement and relationship-building.

Technology can:
• Capture and structure case data
• Provide immediate acknowledgement
• Ensure questions are routed quickly and consistently
• Create a clear audit trail

People can:
• Understand nuance and context
• Build rapport and trust
• Ask the right follow-up questions
• Represent the funder’s brand and values

At the start of any case or investment journey, relationships matter. Technology should enhance that experience, not replace it.

What measurable impact can better first contact have on pipeline strength, relationships, and deal outcomes?

Stronger first contact directly improves:

  • Pipeline quality: better intake leads to more qualified, investment-ready opportunities
  • Conversion rates: fast, more professional responses increase engagement and exclusivity, as well as the likelihood of securing instructions
  • Investor confidence: structured early-stage data improves decision-making
  • Operational efficiency: less time chasing incomplete information and faster conflict checks
  • Deal velocity: quicker progression from enquiry to evaluation and funding decision.

Small improvements at the top of the funnel compound across the entire investment lifecycle.

If firms could make just one or two changes today to improve their approach to inquiries, what would you recommend?

1. Create a standardized intake framework
Define the essential data needed for case screening and risk assessment, and ensure it is captured consistently across every channel.

2. Treat first contact as a strategic touchpoint
Ensure every enquiry receives a prompt, professional and human response that reflects the firm’s brand and client-care standards.

In litigation finance, early impressions don’t just shape relationships, they shape deal outcomes. These two changes alone can significantly improve conversion, efficiency and client relationships.

Eric Schurke is CEO, North America at Moneypenny, the world’s customer conversation experts. He works with legal firms, litigation funders, and professional services to transform how they manage and qualify inbound opportunities. Eric is passionate about helping organisations strengthen deal flow, improve first impressions, and deliver exceptional client experiences from the very first interaction.

About the author

Eric Schurke

Eric Schurke

Eric Schurke is CEO, North America at Moneypenny, the world’s customer conversation experts. He works with legal firms, litigation funders, and professional services to transform how they manage and qualify inbound opportunities. Eric is passionate about helping organisations strengthen deal flow, improve first impressions, and deliver exceptional client experiences from the very first interaction.

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Federal Judiciary Advisory Committee Moves Forward with Litigation Finance Transparency Rules

By John Freund |

A federal judiciary advisory committee agreed on Tuesday to develop transparency obligations for third-party litigation funders, advancing one of the most closely watched rulemaking efforts in U.S. civil procedure. The decision came despite what participants described as "vehement" opposition from segments of both the defense and plaintiffs' bars, underscoring how contentious disclosure of funding arrangements remains within the legal community.

As reported by Law360, the committee, which shapes the Federal Rules of Civil Procedure, signaled that it will continue drafting specific disclosure requirements rather than shelving the project, as some stakeholders had urged. Alongside the litigation finance item, the panel also advanced proposed updates to subpoena rules addressing remote testimony and service of process.

For funders, the development marks a significant shift in the regulatory conversation. Industry groups have long argued that existing discovery tools are sufficient to address concerns about control and conflicts, while proponents of disclosure contend that parties and courts need a clearer view of who stands to benefit from a case. The committee's decision indicates that federal rulemakers are prepared to put that debate to the test with concrete drafting, even as both sides continue to press their positions.

Next steps will involve developing rule text and further public input before any proposal moves up the Judicial Conference's rulemaking chain. Market participants will be watching closely, as any federal disclosure rule would likely influence how funders structure deals, negotiate with claimants, and manage portfolios across U.S. commercial litigation.

Judge Preska Orders Argentina’s Economy Minister to Produce Texts in YPF Enforcement Fight

By John Freund |

A U.S. federal judge has ordered Argentina's economy minister to turn over text messages sought by plaintiffs pursuing enforcement of the multibillion-dollar YPF judgment, the latest development in one of the most prominent litigation finance-backed cases in the world. The ruling expands the discovery footprint available to creditors working to collect on the landmark award against the Republic of Argentina.

As reported by Bloomberg, U.S. District Judge Loretta Preska ruled on Tuesday that plaintiffs backed by Burford Capital are entitled to messages from Argentina's sitting economy minister. The decision continues a pattern in which Judge Preska has pushed Argentina to produce internal communications and financial information as the plaintiffs seek to identify attachable assets and pierce through sovereign defenses.

Burford, which funded the underlying claims brought by former YPF minority shareholders, has pursued a sprawling enforcement campaign following a 2023 judgment of approximately $16 billion plus interest. Argentina has resisted enforcement on multiple fronts, appealing the merits ruling and contesting asset-identification discovery, while the plaintiffs have sought turnover of Argentina's interest in YPF itself.

For the litigation finance market, the order is another marker of how far-reaching post-judgment discovery can be in high-stakes sovereign enforcement — and how central funder-backed plaintiffs have become to the mechanics of collecting against state defendants. The decision is likely to intensify the ongoing standoff between Argentina and its creditors in the U.S. courts.

South Korea Recovers Record ISDS Legal Costs After Schindler Pays 9.6 Billion Won

By John Freund |

South Korea has recovered a record amount in investor-state dispute settlement legal costs, with Swiss elevator manufacturer Schindler paying approximately 9.6 billion won to satisfy a cost award following its unsuccessful arbitration claim against the Korean government. The payment marks the largest ISDS cost recovery in the country's history and offers a notable data point for parties evaluating the downside risk of treaty-based claims.

As reported by Chosunbiz, Jo Ara, head of the international investment disputes division at South Korea's Ministry of Justice, confirmed the recovery during a briefing on the government's handling of the case. Schindler had pursued a long-running claim tied to its investment in Hyundai Elevator, which the tribunal ultimately declined to sustain, exposing the investor to a substantial cost-shifting order.

The outcome highlights the growing willingness of tribunals to allocate costs against unsuccessful claimants in investor-state proceedings, a trend that has direct implications for litigation funders active in the international arbitration market. Cost awards of this scale can materially affect the economics of funding ISDS claims and are increasingly a factor in underwriting decisions.

For the broader litigation finance community, the Schindler payment underscores why funders evaluating treaty claims closely monitor both merits risk and cost exposure. As more states pursue aggressive recovery strategies after successful defenses, the downside profile of funded ISDS portfolios continues to evolve.