Regulatory — California
AB 2305 signed Sept 20 — reclassifies improper corporate-funder control over case strategy, settlement, or counsel selection as unauthorized practice of law (not a simple contract ban), with a narrow four-part safe harbor for non-recourse funding: fixed/capped pricing, no case-acquisition use, and funding tied to specific already-retained matters. Damages of $10K or 3x the client's loss run to the client against both attorney and funder. Applies only to contracts entered on or after Jan 1, 2027 — existing CA-practice contracts are grandfathered, but an amendment, refi, or new draw likely restarts the clock. Get form docs in front of outside counsel before year-end.
Counterparty risk
UK litigation lender Woodville has collapsed into administration — £298.7M in creditor claims against just £254,734 cash. Loan book concentrated in ~10 law firms; retail "performance bonds" flagged as possibly mis-sold. Underwrite the funder's book concentration, not just case merits.
Regulatory
The federal rulemaking track is now the more live risk than any single state. 214 companies — spanning tech, healthcare, insurance, energy, retail, manufacturing and more — filed a support letter Sept 14 urging the Advisory Committee on Civil Rules to adopt mandatory third-party litigation funding disclosure under FRCP Rule 26. The Committee takes up next steps at its Oct 21 meeting. Separately, Texas is moving toward its own disclosure rule (joining Ohio's registration law and NC's ban), and the federal Litigation Funding Transparency Act (S.3826) remains stalled in Senate Judiciary with ~25% odds of clearing committee.
Capital markets
Burford Capital's $300M secured notes offering priced Sept 14 and closed Sept 17 — reportedly ~10x oversubscribed, filled in under six hours, coupon cut materially from initial guidance. Institutional debt is cheap for scaled litigation-finance credits right now, but that pricing compression is happening at the top of the market and doesn't extend to the $2M-$20M single-firm deals this sector's smaller lenders actually compete for.