Burford Capital Research Finds Companies Missing Out on Commercial Class Action Recoveries Due to Opt-Out Reluctance

Core Insights - Burford Capital's research indicates that US companies are missing out on significant value in commercial class action matters by opting to remain in the class rather than pursuing individual claims [1][2]. Group 1: Survey Findings - An independent survey of 301 senior in-house lawyers revealed that 54% of respondents reported potential recoveries exceeding $50 million in the last five years, yet 62% typically chose to stay in the class [2][6]. - The survey highlighted that 71% of in-house lawyers believe opting out could increase their company's recovery by over 25% [9]. Group 2: Barriers to Opting Out - Anticipated litigation costs and uncertainty regarding outcomes are cited as the primary reasons for remaining in the class, with 73% of in-house lawyers identifying litigation costs as a key barrier [3][9]. - Despite 86% of in-house lawyers prioritizing the maximization of recoveries from commercial class actions, 84% would be more inclined to opt out if they were aware of the potential for significantly higher recoveries [9]. Group 3: Legal Finance as a Solution - Legal finance is presented as a solution to eliminate upfront litigation costs, which 73% of in-house lawyers view as a barrier to opting out [3][4]. - Only 39% of in-house lawyers have utilized legal finance for opt-out strategies, indicating a significant untapped opportunity to mitigate costs and maximize recoveries [9]. - Access to monetization financing, which allows businesses to convert expected recoveries into immediate capital, would make 71% of in-house lawyers more likely to opt out [9].