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New Research Shows Businesses Increasingly Open to Reframing Legal Department from Overhead to Capital Source

By John Freund |

Burford Capital, the leading global finance and asset management firm focused on law, today releases new independent research demonstrating that an increasing number of businesses are recognizing litigation portfolios as value sources and are becoming more open to tools that help them reframe the legal department from overhead to capital source.

In the nearly 15 years since Burford’s inception and in the wake of the last great recession, how businesses view their litigation and arbitration portfolios has drastically changed. Pressures on cost management have been persistent through turbulent economic times, Covid, supply chain constraints, geopolitical tensions and slow economic growth in major economies. To better understand how in-house lawyers and finance professionals expect these dual issues of cost management and value generation to evolve in the years ahead, Burford commissioned independent research with 400 GCs, heads of litigation, senior in-house lawyers, CFOs and other leaders responsible for litigation decision-making in their companies.

Highlights from the research include:

  • Businesses’ already significant investment in litigation is growing: 43% of GCs say litigation spend will grow at least 25% in the next five years.                 
  • GCs and CFOs are aligned in seeking innovation for the legal department: More than half of businesses (55%) either have an affirmative recovery program (18%) or intend to build one (37%)—making it all the more important that best practices are in place to manage costs and optimize outcomes.
  • GCs and CFOs agree that collaboration is needed but differ on its extent: 70% of GCs and CFOs say it is important that the legal department find new ways to recover value—signaling a shared desire to reframe the legal department as a capital source. However, three times as many in-house lawyers as finance professionals say the decision to pursue potential claims is generally left to legal with little input from finance.
  • Legal finance is a key tool and finance has an important role in leveraging it: Almost three quarters (73%) of all respondents say their organizations have used legal finance (39%) or would consider doing so (34%), and more than two thirds (67%) of finance professionals feel that legal can increase its value to the business by using tools like legal finance.

Christopher Bogart, Chief Executive Officer of Burford Capital said: “The trend of ‘corporate finance for law’ is growing, as confirmed by this research and our own business, given that more than 50% of our commitments are now with corporates. That’s due to the impact legal finance can have on reducing the impact of litigation on the P&L and business leaders’ desire to use their capital to maximize shareholder value, not pay lawyers. This marks our 15th year in business – and while the legal field is generally slow to change, this research reinforces that CFOs and GCs are thinking about their legal departments differently, and Burford is laser-focused on helping companies reframe the legal department more as capital source than overhead.”

The Litigation Economics: CFOs and GCs weigh in on best practices in optimizing legal department value survey can be downloaded on Burford’s website. The research was conducted by GLG from December 2023 – January 2024.

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai, Sydney and Hong Kong.

For more information, please visit www.burfordcapital.com.

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New Study Reveals How GCs and CFOs Across Industries Manage Legal Risk and Value in an Uncertain Climate

By Harry Moran |

Burford Capital, the leading global finance and asset management firm focused on law, today releases a new study that examines how senior legal and finance department leaders across industries approach litigation spend, legal cost and risk management and optimizing legal department value.

Much has changed in the 15 years since Burford's inception in the wake of the global financial crisis. Economic, political and societal changes have impacted different industries and their legal functions in different ways. This study reveals how leaders from both legal and finance functions in various industries are responding to both external and internal factors—adapting their legal strategies to navigate the evolving landscape effectively—and where they plan to allocate resources moving forward.

The research is gathered from online interviews with 400 senior lawyers and finance professionals across ten industry sectors, shedding light on their decision-making processes regarding commercial disputes as well as cost and risk management within their legal departments. Industry sectors addressed are construction and real estate; consumer goods and services; energy; food; healthcare; manufacturing; mining; pharma and life sciences; retail; and transportation and supply chain.

Key findings from the study include:

  • Senior legal and finance leaders in construction and mining expect the biggest increases in litigation spend in the next five years, with pharma and food close behind.
  • 3 of 4 GCs and CFOs in construction and real estate say a top priority is to increase certainty and predictability of legal costs—25% higher than the average across all industries.
  • Pharma and life sciences GCs and CFOs are four times more likely than the average across all industries to say they could reallocate $50 million or more elsewhere in the business by financing litigation and arbitration.
  • Almost two thirds (65%) of senior finance and legal leaders at mining companies say that in the next 15 years they are likely to use monetization, a legal finance solution that provides businesses immediate capital by advancing some of the expected entitlement of a pending claim, judgment or award.
  • Half of GCs and CFOs at food companies expect their organization's litigation and arbitration spend to increase by more than 25% over the next five years; they are also 54% more likely to have used legal finance than the average across all industries.
  • A third of senior finance and legal leaders at energy companies say they already have a robust affirmative recovery program in place, nearly twice as many as the average across all industries. 
  • Healthcare, retail and consumer GCs and CFOs are more likely to say legal finance can play a significant role in reducing overall litigation and legal costs, perhaps reflecting these sectors' typically thin margins and their desire for innovative cost-saving measures.
  • Finance and legal leaders at retail companies are the most likely to say they intend to invest heavily in legal technology and AI over the next year.
  • Industries in which leaders anticipate the largest increases in future litigation spend do not currently have the largest budgets, suggesting a significant shift in litigation priorities among some industries.

Christopher Bogart, CEO of Burford Capital, said: "Burford's latest research affirms that GCs and CFOs across industries are thinking about new ways to create value for the business, which is at the heart of our work to help clients reframe the legal department from cost center to capital source.

"Burford was founded in the wake of the 2009 global financial crisis, and we recognize that our capital and expertise are especially valuable in challenging times. A major shift since our founding is the continued expansion of our client base from law firms to companies, including very large ones, and financing arrangements with companies now account for the majority of our business. We help all our clients navigate risk and exploring innovative capital solutions, but the growth of our business with corporate clients—including a recent $325 million deal with a single Fortune 500—is exemplary of how much our capital and expertise can help businesses both survive and thrive in today's uncertain landscape."

The latest research is based on an online survey of senior financial officers and in-house lawyers of companies across ten different industries and with annual revenues of $50 million or more in the US, UK, Australia, Singapore, Germany, France, Spain, Switzerland, Sweden, The Netherlands and the UAE. All respondents are in roles that include knowledge of their companies' litigation expenditures and decision-making.The Industry perspectives on litigation and arbitration survey can be downloaded on Burford's website. The research was conducted by GLG from December 2023–January 2024.

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Audley Capital Appoints Rick Gregory to Executive Board

By Harry Moran |

In a post on LinkedIn, Audley Capital announced the appointment of Rick Gregory to its executive board. Gregory serves as a Director for Audley and is a legal funding specialist, “with over 28 years of experience in legal funding, law firms, insurance, and volume litigation.”

The announcement highlighted Gregory’s vast experience across the legal sector, saying that “his profound understanding of the market, regulatory landscape, and commercial requirements for all stakeholders has paved the way for the implementation of litigation funding across some of the largest volume schemes in the UK.”In addition to his work on the executive board Audley, Gregory is also the co-founder of Legal Intelligence, a legal tech company that provides a range of AI solutions to “drive efficiency, innovation, and scalability, empowering professionals to gain a competitive edge and achieve sustainable growth and client delight.”

Announcements Commercial

Burford Capital Reports First Quarter 2024 Results

By Harry Moran |

Burford Capital Limited ("Burford"), the leading global finance and asset management firm focused on law, today announces its first quarter 2024 results.

In addition, Burford has made available an accompanying first quarter 2024 results presentation on its website at http://investors.burfordcapital.com.

Christopher Bogart, Chief Executive Officer of Burford Capital, commented:

"Our first quarter showed our highest ever reported level of first quarter cash receipts, above-average realized gains, continued case conclusions with loss levels below historical experience and moderate new business activity broadly consistent with a typical first quarter. Total revenues reflected the variable timing of recognition we expect in our business; the underlying portfolio continued to show forward momentum with no material negative developments, while lower operating expenses reflected the absence of elevated variable costs."The full summary of the quarterly results can be read here.

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