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The 6th Anniversary of the Peter Thiel / Hulk Hogan / Gawker Case: What Have We Learned?

The 6th Anniversary of the Peter Thiel / Hulk Hogan / Gawker Case: What Have We Learned?

This week marks the sixth anniversary of Terry Bollea (AKA professional wrestler Hulk Hogan) suing Gawker media for publishing a sex tape of him with a married woman. The suit made national news not just for its salacious nature—but because of the questions it raised regarding privacy versus journalistic freedom. Once news emerged that billionaire and PayPal co-founder Peter Thiel was funding Hogan’s claim, the case became even more sensational. In this piece, we’ll take a look at exactly what happened in the case, and how it impacted (or hasn’t impacted) Litigation Finance. The Facts of the Case In 2007, Gawker, a website known for celebrity scandals and salacious content, published a piece with the headline: “Peter Thiel is totally gay, people.” Was this newsworthy? Did the piece have journalistic integrity? Reasonable people can disagree. Peter Thiel is in fact gay, which means the truth of the article protected Gawker from a libel suit. In 2009, an outed Thiel gave an interview in which he called Gawker ‘destructive,’ even as he acknowledged that the site wasn’t focused on ruining him personally. Thiel also speculated that Gawker maintained a disdainful attitude toward Big Tech, and may be focusing on punishing industry leaders as a result. Fast forward to 2012, when Gawker published a lewd video featuring wrestler Hulk Hogan (AKA Terry Bollea) having sex with Heather Clem—wife of radio personality “Bubba the Love Sponge.” This led to Bollea suing the media outlet for infringement of rights of publicity, invasion of privacy, and intentional infliction of emotional distress. Bollea was represented by famed Los Angeles attorney Charles Harder. The published video, which Bollea claims was recorded without his knowledge or consent, contained a 2-minute section of a 30+ minute video—ten seconds of which included explicit sex acts. In 2016, Forbes magazine revealed that it was indeed Peter Thiel who was bankrolling Bollea’s case against Gawker. Speculation soared over what was viewed by many as Thiel’s revenge against Gawker for outing him. Did he want to ruin the media company, or purchase it, or simply malign the company that caused him personal and professional anguish? Thiel maintained that his involvement was philanthropic at heart, and meant to protect people from being bullied by unscrupulous media outlets. If anything, the lawsuit was meant to deter Gawker from intentionally releasing damaging content that lacked legitimate news value. Gawker founder Nick Denton, who was named personally in Bollea’s claim, made a statement about Thiel’s involvement in the case: “Just because Peter Thiel is a Silicon Valley Billionaire, his opinion does not trump our millions of readers who know us for routinely driving big news stories.” Also in 2016, a jury awarded Bollea compensatory damages of $115 million, plus punitive damages of $25 million—finding Gawker liable. A few months later, Gawker filed Chapter 11 bankruptcy, and began looking for a buyer. Several media outlets owned by Gawker were sold. By November 2016, Gawker and Bollea reached a settlement of $31 million. Today, Gawker’s flagship gossip site is still active. Gawker media sold off several of its prominent sites including Gizmodo, Jezebel, Deadspin, and io9. The LF Connection The case itself was of particular interest in and around the Litigation Finance community. Opponents of third-party legal funding asserted that Thiel’s actions in the case laid out an effective blueprint for the very wealthy to bankroll frivolous, but eye-catching cases. Billionaires could, some posited, use their wealth and legal connections to target specific companies, forcing them into bankruptcy. This speculation took place alongside the typical accusations that third-party litigation funding could clog court dockets with meritless actions meant to be quick paydays for funders and their clients. For example, Peter Sheer, a First Amendment expert, suggested that Thiel and others might abuse the power of third-party legal funding to intimidate media outlets. According to Sheer: “Winning is the ultimate chilling effect, but if you can’t win the case, you at least want the editors to think twice before writing another critical story about you.” To the keen-eyed observer though, it’s clear that Peter Thiel neither incited this case, nor had any real control over its outcome. Bollea initiated the case before Thiel’s involvement. At the time the case was decided, the jury was unaware that Bollea had a benefactor. And since the jury ruled in favor of Bollea, not Gawker, it’s clear that the case had merit. Thiel was always adamant that funding Bollea’s case (to the tune of $10 million) was about deterrence, not revenge. He explains that he wanted to “fight back” against Gawker’s practice of damaging reputations and bullying those with no means to pursue a claim to conclusion. As Thiel explains, “…even someone like Terry Bollea, who is a millionaire and famous and a successful person didn’t quite have the resources to do this alone.” While one could view Thiel’s actions as being contradictory to the principles of free speech—he disagrees. In fact, Thiel has donated to free speech defenders like the Committee to Protect Journalists. Thiel maintains that there is a profound difference between journalism in the public interest, and the type of media Gawker traffics in. That’s why he decided to take action. Thiel told the New York Times, “It’s less about revenge and more about specific deterrence. I saw Gawker pioneer a unique and incredibly damaging way of getting attention by bullying people even when there was no connection with the public interest.” Now, six years after the case has concluded—what have we learned? We haven’t seen a rash of billionaires funding cases, frivolous or not, with the intention of bringing down specific companies. That’s not to say billionaires aren’t financing claims the way Thiel did, only that they aren’t doing so publicly. Unlike traditional litigation funders, Thiel did not stand to make any money from Bollea’s lawsuit. Technically, Thiel should still be considered the litigation funder, though his term sheet wouldn’t be one most funders would want to imitate. The Gawker case has not led to a slew of frivolous, funded claim. Among other reasons, it simply doesn’t make financial sense to invest in a case lacking in merit. Bollea’s accusations against Gawker were affirmed by the jury, which resulted in a large award. So this claim was meritorious, even if Thiel’s motivation for funding the claim were not ROI-based. Media outlets are not cowering en masse over fears of punitive lawsuits from billionaires. That was much ado about nothing. Holding media outlets accountable for what they print (and occasionally, their motivations for doing so) is a vital and essential part of the free press. Free speech is not freedom to print anything—even something as personal as a sex tape—merely as an attention-getting device. Final Takeaways Can a lawsuit fall under the purview of Free Speech? Thiel believes so, and many others agree. This case addressed questions of privacy, free speech, and litigation funding. The end results demonstrated that we are all entitled to some element of privacy—even the celebrities among us. The Gawker case also affirmed that litigation funding still serves the interests of justice by enhancing the ability of claimants to bring lawsuits when they are wronged. The takeaway here should be that Peter Thiel afforded Hulk Hogan access to justice. Of course, when a billionaire backs a professional wrestler against a media company, sometimes the moral of the story can get lost beneath the headlines.

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Family Offices Turn to Litigation Finance as a Portfolio Diversifier

Family offices are increasingly treating litigation finance as a diversification tool, drawn by returns that are largely uncorrelated with public markets at a time of rising inflation and interest rates.

As reported by Bloomberg Law, the appeal rests on three characteristics: appetite for risk, patience for investments of uncertain duration, and the absence of correlation to other holdings. Kelly Daley, founder of Celsia Capital, described family offices as a "uniquely good fit" for the asset class, noting that most operate on evergreen horizons with few external constraints — unlike LP-backed funds, pension plans and endowments working to fixed terms.

Thomas Mellor, a partner at Morgan Lewis, said insurance-backed structures, in which an asset is insured and then borrowed against, have widened the pool of capital available to the market. Over the past seven to eight years the ecosystem has expanded to the point where family offices are "just one of the many other market participants who became part of" it.

The scale of that capital is substantial. More than half of the 351 respondents to Citi Wealth's Global Family Office Report 2026/2027 manage over $500 million, and Deloitte projects roughly 75% growth in the number of family offices between 2019 and 2030, against $9.5 trillion in family wealth.

The interest arrives as institutional fundraising remains slow. Corbin Capital's $342 million litigation finance fund took nearly two years to close, underscoring why funders are looking to capital sources that can commit without a fixed exit date.

Federal Court Appoints Contradictors to Test Funder’s $244M Cut of Toyota Settlement

Justice Michael Lee has appointed two barristers as contradictors to scrutinise the commission a litigation funder is seeking from a record A$750 million settlement of two Toyota class actions — the largest funder commission ever sought in an Australian class action.

As reported by Lawyerly, the appointment marks a change of heart by the judge, who will now have independent counsel test Balance Legal Capital's proposed A$244 million share before deciding whether to approve it. Contradictors are appointed precisely because a commission application would otherwise go unopposed, with both the applicants and the respondent supporting approval.

The proceedings concern allegedly defective diesel particulate filters and have already produced significant precedent. In Williams v Toyota Motor Corporation Australia Limited [2022] FCA 344, the Federal Court made the first aggregate damages award under section 33Z(1)(e) of the Federal Court of Australia Act in favour of a funded litigant, with roughly 260,000 vehicle owners in the class. At that stage the funder had sought a commission of up to 25%.

The contradictor mechanism has materially reduced funder returns before. In the Robodebt class action, a contradictor argued that A$23 million was the appropriate commission against the funder's A$71 million request from a A$548.5 million settlement — a reduction of close to two-thirds.

The outcome will be closely watched by funders active in the Australian market, where commission approval has become the principal point at which courts exercise control over the economics of funded class actions.

Litigation Lending Services Funds Landmark Australian Class Action Against Meta

A funded class action filed in Australia's Federal Court alleges that Meta Platforms exposed children to harmful content on Facebook and Instagram and kept them engaged through addictive design features. It is understood to be the first Australian case to attribute harm to social media platforms.

As reported by Al Jazeera, the action is funded by Litigation Lending Services and was filed by MinterEllison on behalf of eight plaintiffs who say they were harmed while under the age of 18. The funder said it was backing the claim for Australian families who "would have no practical means of pursuing these claims against a global technology giant."

The Federal Court in Sydney has issued a suppression order restricting publication of the statement of claim and the identities of the applicants. A Meta spokesperson said the company is "aware of this claim and we will defend ourselves vigorously," with HSF Kramer acting for the defence. MinterEllison partner William Nolan said the proceeding "raises important questions about the design and operation of social media platforms and their impact on children and teenagers in Australia."

The funding structure reflects standard Australian practice, where class actions are typically backed by third-party funders taking a percentage of any recovery rather than run on contingency by the firm itself. The case follows Australia's December 2025 minimum-age rules, which require platforms including Facebook and Instagram to take reasonable steps to prevent children under 16 from holding accounts, and Meta's agreement in August to pay up to $17.1 billion to resolve claims brought by a coalition of US state attorneys-general.

The matter returns to court on November 3.