Insights & Resources

Litigation finance has become an essential tool for modern litigation strategy — but with its growth has come a wave of discovery requests seeking information about funding arrangements. These requests are improper, burdensome, and legally unsupported. To help lawyers and litigants push back with confidence, Certum has released a new Model Brief Opposing Discovery of Litigation Funding—a comprehensive, practitioner-oriented document designed to equip litigators with the strongest arguments, cases, and frameworks available. This publication is now available for free download . The Model Brief is part of Certum’s growing library of thought leadership and practical guidance on litigation finance and insurance. That library includes Certum’s Guide to Litigation Funding and its annual survey of in-house counsel . Across federal and state courts, parties continue to seek discovery into litigation funding sources and materials, often as a tactic rather than a legitimate inquiry into claims or defenses. These efforts raise serious issues: Privilege and work-product concerns Chilling effects on access to justice Attempts to shift focus away from the merits Increased litigation costs and delays Yet for many lawyers, responding to these requests requires reinventing the wheel. Certum’s model brief solves that problem. It provides a structured, persuasive, and research-backed response that can be adapted swiftly to any case. Click here to download the brief.

Bloomberg recently interviewed Certum Group’s William Marra as part of its coverage of efforts by commercial liability insurers to require the disclosure of third-party litigation funding agreements. Marra explained to Bloomberg that “[t]he disclosure of litigation funding risks putting impecunious litigants at a systematic disadvantage in our legal system,” adding mandatory disclosure “can disclose to defendants very valuable information, including who has funding, and critically, who does not have funding.” Marra further responded to the argument that litigation funders might fuel frivolous litigation. “To the contrary, the evidence shows that funders serve as a very effective screen, only backing the most meritorious cases, and if anything, likely resulting in fewer weak cases getting filed,” Marra said. This statements builds on arguments Marra previously advantaged in a Vanderbilt Law Review article about litigation funding.  The Bloomberg article is available here .

Certum’s William Marra has been elected to the Board of Directors of the International Legal Finance Association, the litigation finance industry’s leading advocacy group. Will joins five other new members of ILFA’s Board, including: Marcel Wegmüller, the co-founder and CEO of Nivalion; David Perla, the Vice Chair of Burford Capital; Erik Bomans, the CEO of Deminor Recovery Services; Kacey Wolmer, the CEO of Contingency Capital; Rob Rothkopf, the founder and Managing Partner of Balance Legal Capital. “We are honored to welcome Marcel, David, Erik, Kacey, Rob, and William to ILFA’s Board of Directors,” said Paul Kong, the Executive Director of ILFA. “Each brings exceptional expertise, deep industry insight, and a demonstrated commitment to the responsible growth of legal finance. Their leadership will strengthen ILFA’s work to promote transparency, expand access to justice, and support the continued global development of our industry.” “I am delighted to join ILFA’s Board and assist with its important public policy work,” Will Marra said. “Litigation finance helps level the playing field and ensures cases are resolved based on their merits, not the size of a party’s checkbook. LFA’s advocacy for claimholders who need litigation finance is more important now than ever before.” The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world.

Bloomberg and Law360 have highlighted Certum Group’s recent launch of a managed services organization, Certum Legal Solutions, to help law firms handle critical day-to-day operations. Last week, Certum Group announced the launch of an MSO as part of Certum Group’s next-generation risk transfer platform. The MSO complements Certum’s existing businesses providing litigation finance and litigation insurance solutions to law firms and claimholders on both side of the “v.” Certum is the only company in the nation providing litigation funding, litigation insurance, and MSO services. Bloomberg reported that “[i]nterest in MSO deals [is] on the rise,” while emphasizing that Certum Legal Solutions “will handle case intake and discovery support tasks done by a mix of attorneys and non-lawyers.” Law360 highlighted Certum’s move into the MSO space “makes it the only litigation funder to offer a one-stop shop” with funding, insurance, and operations all under one roof. The Bloomberg article is available here .  The Law360 article is available here .

Certum Group, a leader in litigation risk management, is pleased to announce the launch of Certum Legal Solutions (CLS), a managed services organization (MSO) that helps law firms handle their day-to-day operations. CLS expands Certum Group’s platform beyond litigation finance and insurance into technology-driven operational support for law firms. With this launch, Certum is now the only provider to offer funding, insurance, and operational services through a single, integrated platform. Built by trial lawyers and experienced legal operations professionals, CLS delivers end-to-end support for mass tort and single-event litigation practices, including intake, pre-litigation investigation, plaintiff discovery support, settlement claims processing, and client communications. The CLS platform leverages proprietary and heavily customized tools such as integrations for rapid medical record collection, a mobile client app, automated document workflows, electronic signature systems, and an in house call center to streamline case management and boost efficiency. CLS currently manages thousands of cases for law firm clients across the United States and is designed to scale quickly to meet changing caseloads while maintaining control and delivering a consistent client experience. “Our clients have long relied on Certum to mitigate litigation risk and financial risk; with Certum Legal Solutions, we can now mitigate operational risk as well,” added David Diamond, Managing Director at Certum Group. “Because CLS is built the way trial lawyers think about building cases, from intake to resolution, firms get a turnkey, technology forward solution that measurably improves efficiency and outcomes,” said Asim M. Badaruzzaman, CEO of Certum Legal Solutions. CLS originated from a services operation launched in 2024 and was acquired by Certum Group in 2025. The new business line uses a customized fee for service model that aligns pricing with the scope and value of each engagement, allowing firms to avoid the capital costs and staffing requirements of building these capabilities themselves. While the initial focus is on mass tort and single event, Certum plans to extend CLS capabilities to additional practice areas over time, further expanding the company’s comprehensive approach to funding, insurance, and operational support. For more information, please contact: David Diamond Managing Director, Certum Group ddiamond@certumgroup.com Asim M. Badaruzzaman CEO, Certum Legal Solutions asim.badaruzzaman@certumlegalsolutions.com

The recent legislative push—then retreat—to impose a tax on litigation funding returns didn’t change the law, but it clarified what’s at stake. It shined a spotlight on the solution that litigation funding provides for the legal industry and to intellectual property owners. Litigation finance doesn’t present a taxation loophole to close. It’s a process that allows plaintiffs with strong claims—and limited resources—to make it to the courthouse steps. In the IP world, where the costs of litigation can eclipse the means of most inventors, startups, and universities, non-recourse litigation funding often is the only way to level the playing field. The investment risks for funders are high; the returns shouldn’t be penalized. The right policy response isn’t punitive taxation or blanket disclosure of sensitive funding terms, but acceptance of funding as a necessary tool and tailored transparency under the court’s supervision, so that financial disparity doesn’t become a tactical weapon.  The goal is simple: Keep the courthouse doors open while maintaining fairness and integrity in the adversarial system.

It feels like every couple of weeks an article appears lamenting the rise of litigation finance as the death of capitalism and the birth of something monstrous. The most recent chorus began over the summer when the CEO of Chubb called litigation finance “ a hidden tax on society ” in the editorial pages of the Wall Street Journal. A month later, the CEO of The Hartford grieved on an investor call that litigation finance has “turned our judicial system into a gambling system.” And just last month, the American Property Casualty Insurance Association ’s Senior Vice President of Federal Government Relations exclaimed: “Too many baseless claims, filed by lawyers motivated by profit are clogging our legal system with unnecessary lawsuits, increasing costs and delaying swift resolution of genuine legal claims.”  As someone who has been a big firm defense lawyer, a small firm plaintiff lawyer, and now a litigation funder, I can confidently say that these arguments fundamentally misunderstand litigation finance and its incentives, while simultaneously conflating the interests of large repeat defendants with those of society writ large.

The International Legal Finance Association (ILFA) submitted a letter last week to the Judicial Conference of the United States, highlighting the benefits of third-party litigation funding, and arguing that mandatory disclosure rules would have a disproportionately negative impact on small businesses and vulnerable Americans. Drawing on arguments made by Certum’s William Marra in a forthcoming Southern […] The post ILFA Letter to Federal Rules Committee Highlights Benefits of Funding appeared first on Certum Group.

July 9, 2024 – Certum is proud to announce its podcast, Alternative Litigation Strategies, was ranked in the Top 10 of Feedspot Litigation podcasts. Feedspot ranks thousands of podcasts across the web and ranks them by relevancy, authority, social media followers and more. Hosted by Certum Attorney and Director of Business Development, Kevin Skrzysowski, the […] The post Certum Podcast Ranks in FeedSpot Top 10 Litigation Podcasts appeared first on Certum Group.

In-house counsel and law firms have an unprecedented opportunity to apply systematic innovation to the way they approach litigation. For a fixed premium cost, it is now possible to pursue risk transfer on threatened or active litigation, portfolio risk, or work-in-progress, and in the process open up value in the form of increased certainty, efficiency, […] The post How to Win More by Risking Less appeared first on Certum Group.

Litigation finance has become an essential tool for modern litigation strategy — but with its growth has come a wave of discovery requests seeking information about funding arrangements. These requests are improper, burdensome, and legally unsupported. To help lawyers and litigants push back with confidence, Certum has released a new Model Brief Opposing Discovery of Litigation Funding—a comprehensive, practitioner-oriented document designed to equip litigators with the strongest arguments, cases, and frameworks available. This publication is now available for free download . The Model Brief is part of Certum’s growing library of thought leadership and practical guidance on litigation finance and insurance. That library includes Certum’s Guide to Litigation Funding and its annual survey of in-house counsel . Across federal and state courts, parties continue to seek discovery into litigation funding sources and materials, often as a tactic rather than a legitimate inquiry into claims or defenses. These efforts raise serious issues: Privilege and work-product concerns Chilling effects on access to justice Attempts to shift focus away from the merits Increased litigation costs and delays Yet for many lawyers, responding to these requests requires reinventing the wheel. Certum’s model brief solves that problem. It provides a structured, persuasive, and research-backed response that can be adapted swiftly to any case. Click here to download the brief.

Bloomberg recently interviewed Certum Group’s William Marra as part of its coverage of efforts by commercial liability insurers to require the disclosure of third-party litigation funding agreements. Marra explained to Bloomberg that “[t]he disclosure of litigation funding risks putting impecunious litigants at a systematic disadvantage in our legal system,” adding mandatory disclosure “can disclose to defendants very valuable information, including who has funding, and critically, who does not have funding.” Marra further responded to the argument that litigation funders might fuel frivolous litigation. “To the contrary, the evidence shows that funders serve as a very effective screen, only backing the most meritorious cases, and if anything, likely resulting in fewer weak cases getting filed,” Marra said. This statements builds on arguments Marra previously advantaged in a Vanderbilt Law Review article about litigation funding.  The Bloomberg article is available here .

Certum’s William Marra has been elected to the Board of Directors of the International Legal Finance Association, the litigation finance industry’s leading advocacy group. Will joins five other new members of ILFA’s Board, including: Marcel Wegmüller, the co-founder and CEO of Nivalion; David Perla, the Vice Chair of Burford Capital; Erik Bomans, the CEO of Deminor Recovery Services; Kacey Wolmer, the CEO of Contingency Capital; Rob Rothkopf, the founder and Managing Partner of Balance Legal Capital. “We are honored to welcome Marcel, David, Erik, Kacey, Rob, and William to ILFA’s Board of Directors,” said Paul Kong, the Executive Director of ILFA. “Each brings exceptional expertise, deep industry insight, and a demonstrated commitment to the responsible growth of legal finance. Their leadership will strengthen ILFA’s work to promote transparency, expand access to justice, and support the continued global development of our industry.” “I am delighted to join ILFA’s Board and assist with its important public policy work,” Will Marra said. “Litigation finance helps level the playing field and ensures cases are resolved based on their merits, not the size of a party’s checkbook. LFA’s advocacy for claimholders who need litigation finance is more important now than ever before.” The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world.

Bloomberg and Law360 have highlighted Certum Group’s recent launch of a managed services organization, Certum Legal Solutions, to help law firms handle critical day-to-day operations. Last week, Certum Group announced the launch of an MSO as part of Certum Group’s next-generation risk transfer platform. The MSO complements Certum’s existing businesses providing litigation finance and litigation insurance solutions to law firms and claimholders on both side of the “v.” Certum is the only company in the nation providing litigation funding, litigation insurance, and MSO services. Bloomberg reported that “[i]nterest in MSO deals [is] on the rise,” while emphasizing that Certum Legal Solutions “will handle case intake and discovery support tasks done by a mix of attorneys and non-lawyers.” Law360 highlighted Certum’s move into the MSO space “makes it the only litigation funder to offer a one-stop shop” with funding, insurance, and operations all under one roof. The Bloomberg article is available here .  The Law360 article is available here .

Certum Group, a leader in litigation risk management, is pleased to announce the launch of Certum Legal Solutions (CLS), a managed services organization (MSO) that helps law firms handle their day-to-day operations. CLS expands Certum Group’s platform beyond litigation finance and insurance into technology-driven operational support for law firms. With this launch, Certum is now the only provider to offer funding, insurance, and operational services through a single, integrated platform. Built by trial lawyers and experienced legal operations professionals, CLS delivers end-to-end support for mass tort and single-event litigation practices, including intake, pre-litigation investigation, plaintiff discovery support, settlement claims processing, and client communications. The CLS platform leverages proprietary and heavily customized tools such as integrations for rapid medical record collection, a mobile client app, automated document workflows, electronic signature systems, and an in house call center to streamline case management and boost efficiency. CLS currently manages thousands of cases for law firm clients across the United States and is designed to scale quickly to meet changing caseloads while maintaining control and delivering a consistent client experience. “Our clients have long relied on Certum to mitigate litigation risk and financial risk; with Certum Legal Solutions, we can now mitigate operational risk as well,” added David Diamond, Managing Director at Certum Group. “Because CLS is built the way trial lawyers think about building cases, from intake to resolution, firms get a turnkey, technology forward solution that measurably improves efficiency and outcomes,” said Asim M. Badaruzzaman, CEO of Certum Legal Solutions. CLS originated from a services operation launched in 2024 and was acquired by Certum Group in 2025. The new business line uses a customized fee for service model that aligns pricing with the scope and value of each engagement, allowing firms to avoid the capital costs and staffing requirements of building these capabilities themselves. While the initial focus is on mass tort and single event, Certum plans to extend CLS capabilities to additional practice areas over time, further expanding the company’s comprehensive approach to funding, insurance, and operational support. For more information, please contact: David Diamond Managing Director, Certum Group ddiamond@certumgroup.com Asim M. Badaruzzaman CEO, Certum Legal Solutions asim.badaruzzaman@certumlegalsolutions.com

The recent legislative push—then retreat—to impose a tax on litigation funding returns didn’t change the law, but it clarified what’s at stake. It shined a spotlight on the solution that litigation funding provides for the legal industry and to intellectual property owners. Litigation finance doesn’t present a taxation loophole to close. It’s a process that allows plaintiffs with strong claims—and limited resources—to make it to the courthouse steps. In the IP world, where the costs of litigation can eclipse the means of most inventors, startups, and universities, non-recourse litigation funding often is the only way to level the playing field. The investment risks for funders are high; the returns shouldn’t be penalized. The right policy response isn’t punitive taxation or blanket disclosure of sensitive funding terms, but acceptance of funding as a necessary tool and tailored transparency under the court’s supervision, so that financial disparity doesn’t become a tactical weapon.  The goal is simple: Keep the courthouse doors open while maintaining fairness and integrity in the adversarial system.

It feels like every couple of weeks an article appears lamenting the rise of litigation finance as the death of capitalism and the birth of something monstrous. The most recent chorus began over the summer when the CEO of Chubb called litigation finance “ a hidden tax on society ” in the editorial pages of the Wall Street Journal. A month later, the CEO of The Hartford grieved on an investor call that litigation finance has “turned our judicial system into a gambling system.” And just last month, the American Property Casualty Insurance Association ’s Senior Vice President of Federal Government Relations exclaimed: “Too many baseless claims, filed by lawyers motivated by profit are clogging our legal system with unnecessary lawsuits, increasing costs and delaying swift resolution of genuine legal claims.”  As someone who has been a big firm defense lawyer, a small firm plaintiff lawyer, and now a litigation funder, I can confidently say that these arguments fundamentally misunderstand litigation finance and its incentives, while simultaneously conflating the interests of large repeat defendants with those of society writ large.

The International Legal Finance Association (ILFA) submitted a letter last week to the Judicial Conference of the United States, highlighting the benefits of third-party litigation funding, and arguing that mandatory disclosure rules would have a disproportionately negative impact on small businesses and vulnerable Americans. Drawing on arguments made by Certum’s William Marra in a forthcoming Southern […] The post ILFA Letter to Federal Rules Committee Highlights Benefits of Funding appeared first on Certum Group.