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Stimulus for The Legal Industry

Stimulus for The Legal Industry

The following piece was contributed by Louis Young, Managing Director of Augusta Ventures The Legal Services industry, like many others, is today racing to come to terms with the implications of coronavirus. A range of impacts have been felt to date, including cases being put on hold, staffing concerns and critically, cash flow issues. With clients under pressure, bills aren’t being paid and pipeline looks increasingly uncertain. Alongside this, law firms have high fixed costs, particularly staff, so income is urgently needed. Whilst well-managed firms will have a limited cash buffer, leaders now need to look at all sources of finance. There are three challenges: Firstly, they will want to identify the best way to keep firms afloat in the short term of the lock-down without taking on crippling long-term debts. Secondly, they will want to ensure whatever action they take does not damage client relationships. And thirdly, they will want to position for growth for when the crisis eventually subsides. Litigation funding could be the solution that many law firms seek to all three challenges. In all likelihood, the greatest fall in law firm revenues will be in their corporate and commercial practices. These businesses are usually the mainstay of a firm – offering steady, regular income. In normal times, this reliable revenue streams helps to subsidise more volatile practices including disputes. One option for corporate teams is to seek payment of outstanding invoices. The challenge here is that clients are themselves under pressure. Partners will, therefore, be reluctant to squeeze long time clients in such difficult circumstances, when it has taken many years to cultivate these relationships. Another source of funds may naturally be preferable. Today, the signs are that disputes work is increasing in importance for many firms as a source of income for partnerships as a whole. The challenge however is the lumpy, often delayed nature of revenue from litigation work. Third-party funding offers a solution to this challenge. Law firms may consider introducing a funder to their key clients to seek funding of the corporate’s portfolio of cases. This would allow the client to move forward with cases that might otherwise be on hold for cash flow reasons. It could also allow the firm to pick up work that wouldn’t normally come their way. And it would ensure that the law firm gets paid today, rather than many months down the line, thereby avoiding taking on external debt or damaging precious relationships. A key difference between such third-party funding and traditional bank finance is the impact on the client’s balance sheet. Bank loans are liabilities requiring repayment by the client in any eventuality. Litigation finance on the other hand is non-recourse. Whatever the outcome of a case, the lawyers’ fees are paid by the funder and can include both costs incurred to date, and time yet to be recorded. Should a case be lost, the client does not bear any liability for the law firm’s fees. And when a case is won (70%+ of funded cases usually are), the client receives a substantial return. In this way, lawsuits can be converted by clients from an onerous liability, into a potentially valuable asset. And the client is likely to thank the law firm for introducing this solution, providing the choice of funder is appropriate. Established litigation funders have effective case management processes in place. Often combining analytical and legal skill, they assess cases on a variety of bases including not only the legal merits, but also the financial dynamics of the claim and the defendant’s ability to pay. And well-managed funders participate in the self-regulatory body ALF – the Association of Litigation Funders. Here they undertake to act transparently, fairly and to ensure appropriate returns for claimants. ALF membership demonstrates a commitment to good governance and fair businesses practices akin to established insurers. Law firms will want to protect their reputations and client relationships in selecting funders to introduce. The time for law firm leaders to act is now. As businesses of all types seek to mitigate the impact of the coronavirus, many investments and activities will be put on hold. Such decisions around legal cases may however be reversed if corporate leaders were able to obtain third-party funding that would not strain their balance sheets. Lawyers who are able to introduce such an option now, would not only win valuable guaranteed fees today, but cement or even develop new client relationships for the long term. When the turmoil of COVID-19 subsides, hopefully sooner rather than later, the law firms best positioned for growth will be those who provided value to their clients through the lock-down.
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Inside India’s Insolvency Regime

By John Freund |

A new joint study by the Insolvency Law Academy and Burford Capital sheds light on how legal finance is gaining traction as a strategic tool in the India's insolvency processes. By enabling distressed entities and professionals to monetize contingent assets without exhausting limited estate resources, legal finance has the power to enhance liquidity and improve recovery outcomes for creditors.

An article by Burford Capital unveils how legal finance-backed structures can convert contingent claims into tangible value, supporting corporate continuity and delivering stronger creditor returns. The study highlights India’s unique factors: abundant untapped recoveries from avoidance claims and disputed receivables, widespread capital shortages faced by insolvency professionals, and the need for prompt liquidity solutions. It also references real-world case studies showcasing how legal finance facilitated strategic wins for firms like Hindustan Construction Company and Patel Engineering.

On the regulatory front, judicial rulings—such as in Tomorrow Sales v. SBS Holdings (2023)—have explicitly recognized the legitimacy of legal finance in India’s litigation ecosystem. Meanwhile, updates to the IBC now permit the assignment of “not readily reali[z]able assets” during liquidation, laying groundwork for integrating legal finance into the insolvency framework. Nonetheless, the regulatory landscape—including aspects of FEMA compliance and fund repatriation—remains cautiously permissive.

Emerging operational structures include direct estate financing, SPV‑based claim ring‑fencing, and creditor assignments for immediate value. The report urges a “light‑touch” regulatory approach, alongside the development of codes of conduct and educational efforts to arm insolvency professionals and creditors with the know‑how to deploy legal finance effectively.

Looking ahead, as India’s insolvency infrastructure matures, legal finance is poised to play a central role—unlocking value in distressed assets, bridging funding gaps, and aligning with global best practices.

Burford’s Law-Firm Investment Plan Draws Fire

By John Freund |

Burford Capital’s new push to take minority stakes in U.S. law firms is already meeting resistance from tort-reform advocates and insurer-aligned groups, who argue the structure could blur loyalties inside the attorney-client relationship. The plan, described by Burford’s chief development officer Travis Lenkner as “strategic minority investments” to help firms scale, would rely on managed service organizations (MSOs) that house back-office assets while leaving legal work to a lawyer-owned entity. Supporters cast it as a lawyer-friendly alternative to private equity; skeptics see a back-door end-run around state bars’ bans on non-lawyer ownership.

An article in Insurance Journal reports that critics, including the Florida Justice Reform Institute’s William Large, warn MSO-style deals could tilt decision-making toward investors focused on “big verdicts,” threatening firm independence and client interests. Only Arizona permits direct non-lawyer ownership today, and while Utah and Washington, D.C., have loosened rules at the margins, most states still enforce bright-line prohibitions.

The debate has sharpened as disclosure and licensing regimes proliferate: at least 16 states now require some level of third-party funding transparency. The Insurance Journal piece also notes a recent Texas Bar ethics opinion that green-lights MSOs for law-firm services under narrow conditions, though it doesn’t answer the broader question of outside investors’ influence. For its part, Burford says it understands the ethical guardrails and intends to be a passive investor focused on firm growth and operational support.

For the legal finance industry, the MSO path signals a pivotal test. If bars and courts accept these structures, capital could flow directly into firm operations—potentially accelerating portfolio origination, technology spend, and fee-earner leverage. If regulators balk, expect renewed calls for explicit rulemaking on ownership, disclosure, and control—alongside creative alternatives (credit facilities, revenue shares, and hybrid portfolios) to replicate MSO-like benefits without the governance controversy.

BHP Presses Gramercy–Pogust on Control of £36bn Claim

By John Freund |

A high-stakes governance fight is spilling into the UK’s largest group action. BHP has demanded clarity over hedge fund Gramercy Funds Management’s role at Pogust Goodhead, the claimant firm fronting a £36 billion suit tied to Brazil’s 2015 Mariana dam disaster. The miner’s counsel at Slaughter and May points to recent leadership turmoil at the firm and questions whether a non-lawyer financier can exert de facto control over litigation strategy—an issue that cuts to the heart of legal ethics and England & Wales’ restrictions on who can direct claims.

Financial Times reports that Gramercy, which finances Pogust, has just extended $65 million more to the firm after the removal of CEO-cofounder Tom Goodhead. BHP wants answers on independence and management oversight as the case nears a pivotal High Court ruling. For its part, Pogust says it remains independent and committed to its clients, while Gramercy rejects any suggestion it owns or manages the firm. The backdrop is familiar to funders: courts’ increasing scrutiny of who calls the shots when capital underwrites complex, bet-the-company litigation. Prior settlement overtures from BHP and Vale—reported at $1.4 billion—were rebuffed as insufficient relative to the claim’s scale and alleged harm.

Beyond this case, the episode underscores a larger question: how far can financing arrangements go before they collide with the long-standing principle that lawyers—and only lawyers—control litigation? The answer matters well beyond Mariana. If courts or legislators tighten the definition of control, expect deal terms, governance covenants, and disclosure norms in UK funding to evolve quickly. For cross-border mass-harm claims, the line between support and steer is narrowing—and being tested in real time.