Preliminary Agenda

• Has the market reached maturity? Is the market oversaturated?
• What has market growth looked like over the past year? What's projected for 2026 and beyond?
• How is regulatory uncertainty impacting the market? Have concerns around the PACCAR decision let to a lack of investment?
• Can we expect to see consolidation?
• Macro-Economic Forces: What impacts are interest rates and tax changes having on the market?
• What new products and fund structures are emerging to disrupt the market?
• What type of cases are the most prominent? Single cases, portfolios, monetisation, acceleration?
• How are funders offering bespoke solutions tailored to corporate clients?
• How is the Collective Redress and Group Litigation market impacting the broader funding arena?
• What’s behind the recent influx of U.S. backed funds joining the fray?

• Legislative Reversal of PACCAR: Will there be a legislative fix around damaged based agreements?
• Can there be proportional regulation to ensure funder accountability without stifling innovation or access to justice?
• The importance of distinct regulations for funders and legal representatives
• Balancing transparency while conserving confidentiality concerns
• Judicial Discretion: The CJC rejects fixed limits on funders’ profits
• Proposing stronger protections for vulnerable claimants with clearer terms and oversight in group actions
• How will proposed changes impact the future structure of funding arrangements?

• How are Member States diverging in their implementation, and what does this mean for cross-border consistency?
• How the CAT is shaping the landscape for opt-out competition claims and setting procedural precedents
• Strategic use of Group Litigation Orders (GLOs), CPR 19.8 representative actions, and their evolving jurisprudence
• Opt-In vs. Opt-Out Models: Legal implications, claimant engagement, and the impact on case management and funding
• Forum Shopping: How are procedural advantages, cost rules, and judicial attitudes influencing jurisdictional strategy?
• La Patourel v BT: Lessons from the CAT’s dismissal and the implications for excessive pricing claims and procedural thresholds
• How courts are balancing access to justice with procedural rigor in certifying group actions
• Exploring emerging procedural hybrids that blend features of opt-in and opt-out systems to address complex claims.

• How funders are structuring deals to support large-scale claims while managing pressure around disclosure, control, and returns
• How climate accountability and sustainability claims are driving new forms of collective redress—and new risks for corporate defendants
• How Germany, Spain, and others are testing the boundaries of collective privacy litigation
• The Role of EC-REACT and the Representative Actions Directive: How EU-level enforcement tools are reshaping the funding landscape
• How the opt-in vs. opt-out model choice affects claim volume, cost predictability, and funder appetite
• The use of AI, data analytics, and digital platforms to identify claimants, manage claims, and assess risk
• Retail and Crowdfunded Litigation: The rise of alternative funding models and their implications for access to justice and funder regulation
• Will the AI Liability Directive and revised Product Liability Directive trigger a new wave of tech-focused group actions?

• Exploring consistency and investor protection issues due to regulatory differences in various justifications
• Will there be a general EU legislation to ensure responsible funding practises, transparency, and safeguards for claimants?
• Civil Law vs. Common Law Cultures
• How the EU Damages Directive has encouraged litigation funding by clarifying liability rules and access to evidence - especially in cartel and abuse of dominance cases
• Navigating the patchwork of underwriting standards and enforceability rules across Europe
• How should investors approach deploying capital in different jurisdictions without in-dept knowledge of the local market?
• How has international arbitration, especially in investment disputes, become a key entry point for funders in civil law jurisdictions?
• How is the EU Collective Redress Directive accelerating adoption by creating more viable claim structures for funders?
• Switzerland and Beyond: Non-EU jurisdictions are seeing increased funding activity, highlighting the need for cross-border coordination and best practises

• Exploring the factors behind increased engagement with litigation funding by top-tier firms across the UK and EU. What’s needed to sustain this momentum?
• How litigation finance is being used to enhance profitability, expand practise areas, and support client acquisition in competitive legal markets
• How are corporates monetizing legal assets to unlock capital, particularly in cross-border and arbitration contexts?
• Will corporate monetisation scale in Europe?
• How are law firms talking to their clients about litigation funding?
• Understanding how non-recourse structures are being used in European jurisdictions and the legal considerations funders and firms must navigate
• What’s working—and what’s not?
• Funding a claim on behalf of the government
• What concerns are typically raised by law firm general counsel and risk committees when evaluating funding arrangements?
• How funders are designing bespoke, jurisdiction-sensitive funding models to meet the needs of sophisticated European claimants

• How are AI algorithms and Natural Language Processing (NLP) being used to analyze past case outcomes, legal precedents, and court decisions to predict the likelihood of success and potential financial returns?
• Using machine learning models and historical data analysis to evaluate factors around jurisdiction, legal team performance and case complexity
• Using AI-powered tools to effectively and efficiently manage your portfolio
• Estimating the costs involved in a case, automating administrative tasks and reducing operational costs with technology
• Detecting fraud by applying AI to identify unusual patterns or discrepancies and enhancing due diligence
• Sentiment analysis and scenario modeling

• How are European funders using contingent risk insurance to de-risk portfolios? How does this offer protection against adverse rulings or enforcement failure?
• Using Judgment Preservation Insurance (JPI) as a tool to protect funders and claimants from appellate reversals.
• ATE Insurance 2.0: Staged premiums, portfolio coverage, and hybrid structures
• Navigating complex jurisdictional rules when structuring cross-border policies, particularly around enforceability, public policy exceptions, and regulatory approvals
• Capital Protection Insurance: Using insurance to enhance funders’ capital efficiency
• How insurers are partnering directly with funders to co-develop bespoke products, including adverse costs cover, enforcement risk insurance, and monetisation of pending claims
• What defendant side contingent products are insurer’s using?
• What are the impacts of clients going directly to insurance companies in an effort to avoid the high cost of funding?
• Are regulators paying closer attention to disclosure obligations, conflicts of interest, and the insurer’s influence on litigation strategy?
• What are jurisdictions like the Netherlands, Germany and France seeing with innovations in insurance-backed funding models?

• Investor entry routes: direct cases, fund commitments, co-investments, listed platforms, secondary acquisitions
• Tailoring strategies to legal frameworks and regulatory clarity across jurisdictions
• Evaluating funder track records, underwriting, and case selection
• Deal flow: is claim volume and quality keeping pace with capital inflows?
• Growth areas: collective redress, arbitration, ESG, and civil law monetization
• Exit options: fund transfers, claim sales, structured exits, and secondary markets
• Valuing litigation assets: entry metrics, third-party assessments, transparency
• Aligning litigation finance with broader portfolio strategies
• Fundraising tools: debt, preferred equity, and structured finance
• Managing regulatory and reputational risk
• Impact of US debt fund capital on European market dynamics
  
  

What more can influential market leaders do to champion the advancement of women in the industry? To attract and empower female talent, organizations must commit to strategic initiatives—such as elevating visible role models, providing leadership and mentorship programs, and establishing transparent career pathways. This interactive, small-group meeting invites open dialogue with the goal of shaping a market where women can thrive and lead.