Erso News & Insights

Global Erso Global Erso

investment Counsel Corner- Tip of the Month: Litigation Budgets are not just forecasts. They are stress Tests.

Litigation budgets are not simply forecasts of expected spend. They are stress tests that reveal how a case may develop when assumptions change, costs escalate, or opponents litigate more aggressively than anticipated. In this month's Investment Counsel Corner, Bob Knock explains why the strongest funding applications are not built on optimism, but on careful judgment, transparent contingencies and realistic scenario planning.

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EU Erso EU Erso

The BGH Truck Cartel Ruling: What It Actually Means for Funders

Germany’s highest court has delivered one of the most significant rulings to date on funded mass claims and the implications for litigation funders could be substantial. In our latest piece, we look at what the BGH truck cartel ruling actually says, where the uncertainty now lies, and why underwriting discipline and claim structure are likely to come under far greater scrutiny going forward.

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UK Erso UK Erso

PACCAR and the King's Speech: What the Silence Tells Us

The UK government has confirmed it still intends to legislate following the Supreme Court’s PACCAR decision, but the absence of any litigation funding bill from the King’s Speech raises fresh questions about timing and market certainty. In our latest piece, we look at what the omission means for funders, why PACCAR continues to shape agreement structures, and where the UK market now stands.

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Global Erso Global Erso

The Distressed Opportunity in Litigation Finance

Litigation finance is facing a difficult period, with write-downs, distressed portfolio sales and growing scrutiny of the asset class prompting renewed debate about the industry's future. In our latest piece, we look at what the current market stress actually tells us about litigation funding, why risk and volatility are inherent to the model, and whether this period may ultimately produce a more disciplined market.

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UK Erso UK Erso

Collective Actions, Costs Exposure and the Price of Inaction in the CAT

As collective proceedings continue to gain traction in the UK’s Competition Appeal Tribunal (CAT), the approach to adverse costs—and how actively parties manage that risk—is coming into sharper focus. A recent costs judgment offers a timely reminder that costs exposure in these claims is not just about headline numbers, but about conduct, strategy, and procedural engagement throughout the life of a case.

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UK Erso UK Erso

No More “Standard” Split: What the Boohoo Decision Means for UK FSMA Securities Claims

For some time, a working assumption has emerged in UK securities litigation: that trials—particularly under sections 90 and 90A of the Financial Services and Markets Act—can be sensibly split, with key claimant issues like reliance and loss deferred to a later stage. However, a recent decision in California State Teachers’ Retirement System v Boohoo Group plc challenges that assumption.

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US Erso US Erso

A Cooling US Market, Not a Closed Door: What Westfleet’s Latest Report Means for Litigation Funding

The latest “Insider” report from Westfleet Advisors offers a timely snapshot of the US litigation funding market—but its implications reach far beyond a single jurisdiction. The trends identified will feel familiar to lawyers and claimants alike: a more cautious funding environment, increased scrutiny, and shifting dynamics between funders and their investors.

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US Rebekah Weiler US Rebekah Weiler

Court Upholds Work-Product Protection in Haptic v. Apple Discovery Dispute

In a recent decision that may influence how courts approach discovery requests involving litigation funding, Judge Jacqueline Scott Corley of the U.S. District Court for the Northern District of California denied Apple Inc.’s motion to compel production of documents related to Haptic Inc.’s litigation funding arrangements.

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