November 6, 2023

Litigation Finance DealMakers Conference

Subscribe to Our Newsletter

Newsletter


Dean Gresham

|

November 6, 2023

The market for secondary transactions in the litigation funding space continue to grow.  For those looking to invest in that space, a few lessons are critical:

  • Buyers should ensure that the seller’s motivation for the deal and justification for the price are both compelling and convincing. 
  • Buyers should understand the risks.  For portfolio deals, has the portfolio been hitting guideposts over time?  Are there looming collection risks?  What other downside scenarios could impact performance over time?  Due diligence is critical. 

While litigation insurance continues to be an important part of many litigation funding transactions, a few observations are worth reporting:

  • Despite the importance of insurance, funders are not, generally, deciding to fund deals solely because there is insurance (and thus downside protection). 
  • The current trend favors insuring portfolios of cases over single case risks.
  • There is curiosity as to how the market will react when, inevitably, one or two big insurance “towers” fall.  Will this cause insurers to retreat?  Will pricing go up?  We should know more over the next 1-3 years.

For those looking for litigation insurance and/or funding, candor is the rule.  Sophisticated parties do not want to hear a pitch given through rose-tinted glasses.   

Certum Group Can Help

Get in touch to start discussing options.

Recent Content

People in a meeting room, sitting around a table, brainstorming. Glass wall reflects outside.
By Certum Group Team December 4, 2025
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
A gavel rests on top of a stack of US one-hundred dollar bills.
By Kirstine Rogers November 6, 2025
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.
Statue of Lady Justice holding scales and sword, blindfolded.
By W. Tyler Perry October 23, 2025
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.