Q&A with No Impunity: Pioneering Impact Litigation Financing

As ESG and impact litigation continue to grow in popularity, law firms and others in the ESG space are looking for unique new ways to finance lawsuits aimed at effecting societal change.

We spoke to Yanis Lunetta and Aurélia Le Frapper, the co-founders of No Impunity, about their approach to ensuring no significant case of corporate misconduct in the ESG space goes unchallenged due to lack of resources, how their brand stands out from the rest, and more.

Q: How is No Impunity reshaping the approach to litigation finance in the realm of ESG and impact litigation?

A: At No Impunity, we are not just facilitating the financing of ESG litigation, we want to fundamentally transform the industry by creating the operating system for impact litigation. Our vision is to streamline the entire lifecycle of ESG litigation financing—from case discovery to funding. Our platform will use automated tools to monitor news, legal, and financial outlets, identifying potential legal actions much faster than traditional methods. This efficiency accelerates the process by which law firms can begin litigating and allows them to dedicate more resources to serving their clients. Specifically, we aim to generate 3x efficiency gains for law firms to take on impactful ESG work, reducing the time they spend on business development and increasing their focus on delivering justice.

Q: What specific challenges does No Impunity address for law firms and funders in the ESG litigation space?

A: One of the most significant hurdles for firms seeking to take on ESG disputes is the dual burden of case preparation/advocacy all whilst securing third-party funding at an early stage. Additionally, many firms find themselves allocating substantial time and resources to sourcing efforts instead of directing their efforts to delivering the highest quality and cost effective legal services. For funders, the challenge lies in discerning which cases have both a good potential for success and generate sufficient return on investment, with impact also being a metric being considered.  Our platform will alleviate these issues by providing a detailed assessment of the impact and financial potential of each claim, structuring required documentation to fundraise for claims and connecting claims with funders with a matching investment thesis. We are partnering with small and mid-sized law firms in enforcement-friendly jurisdictions as well as litigation funds to support claims that can truly generate systemic change.

We are looking to partner with mid-sized law firms active in ESG litigation and are always happy to grow our database of funders eager to finance impact litigation.

Q: In what ways does No Impunity stand out in the crowded marketplace of litigation finance?

A: No Impunity is tailored to work with clients looking to litigate and invest in ESG litigation. Current solutions are predominantly geared towards commercial litigation and do not adequately address the specialised requirements of complex ESG cases. Our platform's unique capability lies in its specialized focus on cases that offer financial returns whilst advancing social and environmental justice. Additionally, our technology-driven approach allows for a data-driven assessment of cases, offering insights into potential impacts and outcomes. This not only streamlines the decision-making process for funders but also increases the predictability of investments, fostering a more robust financing ecosystem, and supporting small and mid-sized law firms in accessing funding for their clients.

Q: What recent recognitions has No Impunity received for its innovative approach?

A: We are proud to have been nominated for the Earthshot Prize 2024, an acknowledgment that underscores our commitment to leveraging litigation finance as a tool for environmental and social change. This nomination highlights our efforts to provide impactful solutions when they are most needed, reflecting our platform’s potential to influence global practices and standards in corporate accountability and ESG compliance. We are currently working with four law firms established in three different jurisdictions in Europe, Southeast Asia, and South America.

Q: Looking ahead, what broader impact do you envision No Impunity having on global justice and corporate behaviour. 

A: Our platform's ultimate goal is to ensure that no significant case of corporate misconduct goes unchallenged due to lack of resources. By making it easier and more efficient for law firms to take on impactful cases, and providing funders with clear, actionable insights into the potential returns and societal impacts of their investments, we aim to create a deterrent effect against corporate malpractice. Over time, this will not only lead to greater corporate accountability but also drive a proactive shift towards compliance with ESG standards, contributing to a fairer and more sustainable global economy.