Trending Now

The Productivity Metric Litigation Finance Is Missing: Case Progress

The Productivity Metric Litigation Finance Is Missing: Case Progress

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

Litigation finance is an industry built around measurement. Funders scrutinize risk, duration, capital deployment, potential returns and portfolio performance, because understanding what creates or erodes value is fundamental to making good investment decisions.

But there is another form of value creation that is much harder to see on a spreadsheet: the progress created by the hundreds of conversations, emails and interactions that surround a matter.

A call is answered. An email is sent. A follow-up is logged. A message is passed to an investment manager. All of that looks like work being done, but the more useful question is whether any of it actually moved the matter forward.

That distinction between activity and progress is one I think more leaders should be paying attention to.

Busy doesn’t always mean productive

Every interaction creates work, but productive communication should also remove work somewhere else.

If a conversation gathers the missing information needed to progress an assessment, resolves a question from a law firm, arranges the right follow-up or gets an issue to the person capable of resolving it, it has created value.

If it simply results in another message, another email or another task being added to somebody’s list, it may have created activity without creating much progress at all.

That matters in litigation finance because senior legal and investment professionals are an expensive and finite resource. Their time is best spent applying judgment to complex matters, assessing risk and building relationships, rather than chasing information or dealing with routine requests that could have been resolved earlier.

So perhaps productivity shouldn’t simply be measured by how efficiently communications are handled. We should also ask how much unnecessary work those communications remove.

Think about what happened next

At Moneypenny, this is something we’ve thought about a great deal because answering the phone is only a small part of what a well-managed conversation can achieve.

Depending on the business and the interaction, that might mean capturing detailed information, qualifying an inquiry, arranging an appointment, updating a system, following up an outstanding action or ensuring a complex conversation reaches the right person with the right context.

For a litigation finance business, the specifics will obviously be different, but the principle is the same: the value isn’t simply in handling the interaction; it’s in what happens because it was handled well.

That changes the questions leaders should ask.

Rather than only looking at volumes, response times or the number of interactions completed, look at outcomes. Did we obtain the information required? Did we resolve the issue? Did we eliminate another round of follow-up? Did we protect someone’s time? Did we move the matter to its next meaningful stage? Those measures tell you far more about productivity.

AI should create progress, not just efficiency

This becomes particularly relevant as AI takes on a greater role in business communication.

There is understandable enthusiasm around what automation can do faster and at greater scale but simply automating activity doesn’t necessarily create value. If AI answers a question but leaves the person unsure what to do next or captures information that still needs to be manually re-entered or clarified, the business may have made one interaction faster while creating more work downstream.

The real opportunity is to use technology to remove friction: handling routine requests consistently, capturing and organizing information, supporting faster routing and completing straightforward actions where appropriate.

Then, when an interaction requires commercial judgment, sensitivity, negotiation or expertise, it should move seamlessly to a person who can provide it.

The objective isn’t to automate the greatest possible number of interactions. It’s to create the best possible outcome from each one.

Communication is part of operational performance

This way of thinking also changes where communication sits within the business. It stops being something that happens around the “real work” and becomes part of how efficiently that work gets done.

In litigation finance, where matters can be complex, involve multiple stakeholders and continue over long periods, there is considerable value in reducing unnecessary friction. One well-managed interaction can prevent several follow-ups, clarify responsibility, surface an issue earlier or simply give the right person the information they need to make a decision.

Multiply those small gains across an organization and they become significant. That’s why leaders should start treating case progress as a productivity lens.

Not another metric for the sake of another dashboard, but a simple discipline: when we communicate, are we creating momentum or merely moving information around?

From measuring work to measuring value

Businesses have spent years becoming better at measuring activity. Technology has made it possible to track almost everything: calls, emails, response times, tasks, tickets and workflows.

The next step is to become better at measuring what all that activity achieves.

For litigation funders, that means looking beyond whether an interaction happened and asking whether it helped a matter progress, protected valuable expertise, strengthened a relationship or removed work further down the line.

Because being busy and being productive are not the same thing.

And ultimately, the most valuable conversation isn’t necessarily the longest, the fastest or even the most complex. It’s the one that gets something done.

—

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.

Commercial

View All

Zurich’s Quarterly U.S. Lobbying Spend Climbs to $660,000 With Funding Disclosure Bill Pending

Zurich American Insurance Company increased its federal lobbying expenditure in the third quarter of 2026, with the Litigation Transparency Act of 2025 among the measures listed in its disclosures.

As reported by Legis1, Zurich reported $550,000 in in-house lobbying expenses for the quarter, supplemented by $60,000 paid to Invariant LLC and $50,000 to Tiber Creek Group Inc. The combined total of $660,000 is $70,000 above the insurer's second-quarter figure of $590,000.

H.R.1109 would require parties in a civil action to disclose any person, other than counsel, holding a contingent right to receive payment based on the outcome of the case, and to produce the underlying funding agreement. The bill was referred to the House Judiciary Committee in February 2025 and its most recent recorded action remains the committee consideration and markup sessions held in November 2025. Its cosponsor count has grown from two at introduction to 28 as of June 2026.

The measure has drawn broad support from the property and casualty sector. A U.S. Chamber of Commerce coalition letter backing the bill was signed by Zurich North America alongside Allstate, Chubb, Liberty Mutual, State Farm and Travelers, as well as the American Property Casualty Insurance Association and the National Association of Mutual Insurance Companies.

Opposition has come from an unexpected direction. Tea Party Patriots Action has urged the House Judiciary Committee to reject the bill, and a donor-privacy coalition including PDE Action has argued it would compel disclosure of private financial arrangements outside the ordinary discovery process without any judicial finding of relevance.

ATE Insurers Expected to Await Manchester City Appeal Before Backing Compensation Claims

Rival clubs, players and agents weighing compensation claims against Manchester City may struggle to secure after-the-event insurance until the club's appeal is resolved, according to a specialist litigation insurance underwriter.

As reported by Insurance Business, Rocco Pirozzolo, managing director and underwriting director at Harbour Underwriting, said the live appeal creates uncertainty that underwriters are unlikely to price. "With a live appeal, this creates uncertainty, and so I expect underwriters would want to wait for the outcome of the appeal," he said.

The Premier League announced on 29 September that an independent commission had found the club in breach of more than 100 of its rules, upholding 114 of the 115 charges brought in 2023 following an investigation that began in 2018. Manchester City lodged an appeal on 1 October and denies wrongdoing.

Pirozzolo noted that Burnley's earlier award against Everton gives underwriters a roadmap for this type of claim, but that tying a rule breach to lost results and lost revenue remains the difficult part. Causation and quantum are the key tests for ATE underwriters assessing whether a claim is insurable.

Arsenal, Liverpool, Manchester United and Tottenham are reported to have lodged notices in 2024 reserving the right to claim compensation, while players and agents are said to be exploring loss-of-earnings claims tied to bonus payments.

A three-member appeal board will hear the case and may dismiss or allow the appeal, remit it to the commission, or alter any sanction. Under Premier League rules the hearing should be held within 12 weeks of being lodged, with a decision due within 30 days of its conclusion.

Omni Bridgeway Reports 3.9x MOIC on A$135.8m of First-Quarter Completions

Omni Bridgeway Limited (ASX: OBL) has reported that it is tracking at or above all of its FY27 operational targets, with first-quarter completions returning well above the funder's recent historical average.

As reported by GlobeNewswire, the alternative asset manager's Investment Portfolio Report as at 30 September 2026 records 20 full and partial completions generating A$135.8m in investment proceeds at a 3.9x multiple on invested capital. That compares with a two-year trailing average of 2.5x, and the completions converted at 102% of carrying fair value.

Management fees rose 24% year-on-year to A$10.7m, and the group received A$9.4m in cash carried interest, with a further A$8.6m accrued on Series II funds but not yet distributed. Omni Bridgeway also completed the final close of its Funds 4 and 5 Series II at the full US$1 billion target during the quarter, which it expects to push management fee growth towards the higher end of its indicated FY27 range.

New commitments totalled A$87.1m across nine new investments, up 23% on the prior corresponding quarter, adding A$81.2m in new fair value. The pipeline comprised 46 agreed exclusive term sheets representing an estimated A$416.6m in potential new commitments, up from A$317.8m a year earlier.

Cash operating expenses of A$15.7m tracked below the FY27 budget range of A$72.5m to A$75.0m, with a cost coverage ratio of 68% for the quarter. Chief Executive Officer Raymond van Hulst pointed to the 46 exclusive term sheets and a significant number of late-stage investments in the portfolio.