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WHY LITIGATION FUNDERS WIN OR LOSE OPPORTUNITIES BEFORE CASE REVIEW BEGINS

By Eric Schurke |

WHY LITIGATION FUNDERS WIN OR LOSE OPPORTUNITIES BEFORE CASE REVIEW BEGINS

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

In litigation finance, firms often believe they win or lose opportunities based on the quality of their analysis, the strength of their capital position, or the sophistication of their investment strategy.  But, in reality, that decision is often made much earlier.

It happens during the very first interaction; the first inquiry, the first call, the first exchange of information between a claimant, law firm, or referrer and the funding team. Long before a case is reviewed in detail or due diligence begins, impressions are already forming around responsiveness, professionalism, clarity and trust.

And yet, across much of the industry, first contact is still treated primarily as an administrative process rather than a strategic one.

First contact shapes confidence

Litigation finance is fundamentally relationship driven. While analytics, modelling and case assessment are all critical, trust remains central to every funding decision and every long-term partnership.

Over the years, I’ve seen that first contact is rarely neutral. A prompt, thoughtful response signals professionalism, organization, and confidence, while slow follow-up or fragmented communication can quietly introduce doubt even when the underlying opportunity is strong.

Potential claimants and law firms may not always articulate those impressions directly, but they absolutely act on them.

At Moneypenny, we often see this when new legal and professional services clients come to us after experiencing missed calls, delayed responses, or inconsistent handling of inbound inquiries that have already cost them opportunities. In many cases, the issue is not capability. The organization may be highly experienced and commercially strong, but the experience at first contact simply failed to reflect that at the moment it mattered most.

That is why first contact should not be viewed as operational admin alone. It is the beginning of the relationship, and increasingly, a competitive differentiator.

The hidden cost of inconsistent intake

One of the biggest operational challenges within litigation finance is inconsistency in how inbound opportunities are handled.

Inquiries arrive through multiple channels; law firm referrals, direct claimant inquiries, email introductions, website forms, conferences, and professional networks. Information is often captured differently depending on who receives it, while ownership and follow-up responsibilities can quickly become unclear.

From the outside, that creates a fragmented experience. Internally, it slows evaluation, introduces inefficiencies, and increases the likelihood of missed opportunities or incomplete information at the earliest stages of review.

The most effective organizations bring structure and clarity to this process. They define what information needs to be captured at first contact, how it should be recorded, and how opportunities move efficiently through the pipeline.

But importantly, they do this without losing the human element.

Structure creates consistency. People create trust. And in litigation finance, both matter.

Responsiveness matters but so does judgment

There is understandably a strong focus across the sector on speed. Opportunities move quickly, competition for high-quality matters is increasing, and firms want to accelerate triage and evaluation wherever possible.

But speed on its own is not enough. A rushed or overly transactional interaction can be just as damaging as a slow one, particularly when claimants or law firms are dealing with complex, high-stakes, or emotionally charged situations.

Equally, over-automation creates its own risks. Generic responses, unclear escalation pathways, or communication that feels impersonal can weaken trust very early in the relationship.

What matters is balance. 

In litigation finance, the value of first contact extends far beyond simply answering an inquiry. Early interactions often determine how efficiently opportunities are qualified, routed, and progressed, while also protecting valuable time for investment and legal teams by filtering out incomplete or non-viable matters early in the process.

At Moneypenny, we regularly see how structured intake and well-managed communication can improve responsiveness, reduce operational friction, and create stronger early-stage relationships with claimants, referrers, and law firms. Small improvements at this stage can have a significant downstream impact on both pipeline quality and overall efficiency.

In practice, that may mean using technology to improve responsiveness, consistency, and information capture, while ensuring experienced people remain central to judgment, relationship-building, and decision-making.

When that balance is right, the experience feels seamless rather than procedural.

Leadership shows up in the operational details

It is easy to think of leadership primarily in terms of investment strategy, growth targets, or market positioning. But in practice, leadership often reveals itself much earlier and in far smaller moments.

It shows up in what organizations prioritize, what they intentionally design, and what they refuse to dismiss as “just operational.” First contact is one of those moments.

When firms invest in structured intake, responsive communication, and the people responsible for handling those early interactions, the impact is tangible, not only in efficiency, but in stronger relationships, improved deal flow, and greater long-term trust.

The organizations that consistently stand out in litigation finance are not simply better at evaluating opportunities. They are better at demonstrating professionalism, clarity, and confidence from the very first interaction.

Because by the time formal case review begins, the first decision has often already been made.

About the author

Eric Schurke

Eric Schurke

Eric is CEO, North America at Moneypenny.

Commercial

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Singapore Court Declines to Revive $14 Million Third-Party Funding Cost Recovery Bid

By John Freund |

A Singapore court has affirmed an arbitral award denying a successful litigant's attempt to recover more than $14 million in third-party funding costs, reinforcing the principle that funding expenses are generally not recoverable from the losing side. The decision offers important guidance for funded parties weighing the economics of dispute resolution in one of Asia's leading arbitration hubs.

As reported by Law360, the dispute arose from an arbitration over control of a fintech joint venture. The prevailing party sought reimbursement of the substantial fees it had paid to its litigation funder, arguing those costs should be shifted to its opponent as part of the award.

The court rejected that argument, characterizing the funding expense as "simply the product of a risk any party engaged in dispute resolution takes." By framing the cost as an inherent risk of pursuing a claim rather than a recoverable disbursement, the court declined to allow the funded party to pass its financing burden to the other side.

The ruling underscores a recurring tension in funded disputes: while third-party funding can make claims viable, the cost of that capital typically remains with the party that engaged the funder, even in victory. Counsel in the matter included Providence Law Asia, Rajah & Tann, and Duxton Hill Chambers, with the proceedings tied to the Singapore International Arbitration Centre. For funders and funded parties alike, the decision is a reminder that recovery of funding costs cannot be assumed and must be carefully assessed when structuring the economics of a case.

Op-Ed Urges New York to Close the ‘Champerty Loophole’ Exploited by Litigation-Funding Hedge Funds

By John Freund |

A new opinion piece is pressing New York lawmakers to close what the author calls a "champerty loophole," arguing that gaps in the state's centuries-old prohibition on financing others' lawsuits have allowed hedge funds and litigation funders to profit from the court system. The commentary adds to a broader policy debate over how, and whether, third-party litigation funding should be constrained.

As reported by the New York Daily News, the author contends that most New Yorkers have never heard of the champerty doctrine, yet its weakened application has helped turn the state's courts into what the piece describes as a playground for well-capitalized financial actors. Champerty, historically, refers to an arrangement in which an outside party funds litigation in exchange for a share of the proceeds, a practice long disfavored under New York law but now widely worked around.

The op-ed argues that the current framework permits hedge funds and litigation funders to bankroll claims for financial return while escaping meaningful regulation, raising concerns about the influence of outside capital over litigation strategy and outcomes. The author calls on the legislature to tighten the rules and restore limits the doctrine was originally designed to impose.

The piece lands amid intensifying scrutiny of third-party litigation funding nationwide, from federal disclosure proposals to state-level efforts to regulate consumer funding and non-lawyer ownership of law firms. As New York weighs its approach, the champerty debate underscores the enduring tension between expanding access to the courts and guarding against the commercialization of litigation.

Litigation Funder Rocade Capital Acquires Law Finance Group, Creating $2.3 Billion Platform

By John Freund |

Rocade Capital has acquired litigation funder Law Finance Group LLC, the company announced Wednesday, combining the two firms into a platform with more than $2.3 billion in deployed capital. The deal marks a notable consolidation in a litigation finance market that continues to attract institutional interest as an emerging asset class.

As reported by Bloomberg Law, Arlington, Virginia-based Rocade Capital specializes in credit-style funding for mass tort and contingency-fee law firms. Law Finance Group brings a more diversified portfolio spanning appellate, commercial, and single-case investments. Financial terms of the transaction were not disclosed.

The acquisition broadens Rocade's reach well beyond its traditional mass tort niche. By absorbing Law Finance Group's book of business, Rocade gains exposure to additional practice areas and case types, positioning the combined firm to compete across a wider segment of the funding landscape.

Rocade Chief Executive Officer Brian Roth framed the transaction as a growth opportunity. "This is a great opportunity for us to grow and that's why we're bringing on the whole team and the whole portfolio," Roth said, indicating that Rocade retained Law Finance Group's personnel as well as its existing investments.

The deal reflects a broader pattern of consolidation within litigation finance, which Bloomberg Law characterized as "a niche but growing asset class." As funders scale their balance sheets and diversify across case types, combinations of this kind may become increasingly common, allowing established players to deepen their capital base and expand the range of claims they can support.