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Funding the Claim Is Not Owning the Claim: What Mariana Reveals About Litigation-Finance Rights

The Mariana dam litigation has exposed a private-asset problem that is usually hidden inside funding agreements: a claimant can own the cause of action, lawyers can control day-to-day litigation, a client committee may hold strategic authority, a litigation funder can finance the case and receive a share of proceeds, and none of those roles is automatically the same as owning or controlling the claim. Financial Times reporting in September 2026 described a dispute involving funder Gramercy,...

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A $1 Billion Claim Is Not a $1 Billion Asset: What 1MDB Shows About Recovery Rights

Liquidators of four companies have sued DBS Bank in Singapore for an estimated S$1.298 billion in damages in connection with 1MDB recovery efforts. DBS categorically rejects the claim and has made no provision for it. The case is a useful illustration of a broader private-asset problem: once the original money has moved or disappeared, the economically relevant asset can become a recovery right. But the amount claimed, the expected value of the claim, a judgment, cash actually recovered and...

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How to Prepare a Claim for Review in DaDepo

Follow a claim file from document upload and reviewed findings to an Asset Passport working record, with a separate route to issuance and controlled review. A practical example keeps a €4 million claim, a €1.2 million settlement and €400,000 collected distinct, and shows where to record ownership, security, funding and unanswered questions.

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A Claim Is Not Its Proceeds: What First Brands Reveals About Litigation Assets

First Brands’ failed Chapter 11 plan exposed a distinction that matters far beyond one bankruptcy: a legal cause of action, the future proceeds of that action, a lien over those proceeds, litigation funding and an economic interest in a litigation trust are not the same asset. The court rejected a proposed credit bid for certain estate claims where the lenders’ liens attached to proceeds rather than the claims themselves, while the wider plan depended on major future litigation recoveries....

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Paperless Trade Fails at the Border: Why Electronic Documents Need Portable Legal State

APEC is moving paperless trade from policy language into cross-border pilots through the APEC Centre of Excellence for Paperless Trade. Its initial work focuses on electronic bills of lading, certificates of origin, invoices and customs bonds, with real transactions intended to expose where legal recognition, technical standards and operational workflows still break between jurisdictions. The deeper lesson is that a digital trade document is useful only when its authority, control, current...

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The Collateral Did Not Move. Your Priority Did: What Rescue Finance Reveals About Secured Claims

airBaltic’s proposed rescue financing shows why “senior secured” is not a permanent property of a debt instrument. The airline is seeking approval to raise up to €257 million of new super-senior debt that would rank ahead of existing 2029 bonds against collateral including eight aircraft and seven engines, while some existing holders could exchange into a new second-priority tranche and the remaining 2029 notes would fall to third priority. The collateral itself does not need to move for the...

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One Property, Two Lenders: Why Collateral Needs an Identity, Not Just Documents

he collapse of UK mortgage lender Market Financial Solutions has put an old secured-lending problem under a modern spotlight: documents can describe collateral without proving that the same economic asset has not already been pledged elsewhere. Allegations of double pledging, disputes over mortgage registration and a new Solicitors Regulation Authority investigation into work connected with MFS show why loan identity, collateral identity, security registration, priority and professional attestat

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When the Collateral Moves: Why Intellectual Property Needs an Asset Identity in Secured Lending

Aston Martin’s disputed 2026 refinancing shows why intellectual property cannot be treated as a vague line item called “brand”. Existing creditors are challenging a financing structure that they say moved valuable collateral into a new perimeter while new lenders gained security over assets including intellectual-property rights. The broader lesson is that secured-credit infrastructure needs to identify each right, owner, transfer, security interest and collateral-perimeter change over time.

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A Legal Claim, a Funding Right and a Security Are Not the Same Asset

Litigation finance is moving closer to institutional private credit: law-firm loans are being backed by expected fee receivables, portfolios are attracting larger pools of capital, and consumer legal-funding advances have been securitised. The opportunity is real—but so is the need to distinguish the underlying claim from the funding agreement, legal-fee receivable and investment security built around it.

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