Validity Finance Strengthens Investment Team and Corporate Governance

By John Freund |

NEW YORK (January 29, 2019) – Litigation funder Validity Finance has made a notable addition to its growing investment team with the arrival of portfolio counsel William C. Marra in New York. The firm also announced a prominent addition to its governance structure, with Allen Fagin, formerly chair of Proskauer Rose LLP, joining Validity’s board of directors.  Finally, Validity has retained former New York federal Judge John Gleeson, a partner at Debevoise & Plimpton LLP in New York, as outside counsel to advise on investment opportunities.


Launched last June with an initial $250 million in committed capital, Validity has built a substantial portfolio of investments in commercial disputes, partnering with business claimants as well as major law firms in helping finance and monetize their litigation matters.

“As we continue to ramp up our business and scale our portfolio, we’re pleased to announce an outstanding new member of our professional team and welcome a distinguished name to our board and a distinguished adviser to our investment committee,” said Validity CEORalph Sutton.

William Marra joins Validity from noted Washington, D.C. litigation boutique Cooper & Kirk, following judicial clerkships for Justice Samuel Alito of theU.S. Supreme Courtand Judge William Pryor of the U.S. Court of Appeals for the Eleventh Circuit. With a background litigating complex commercial, regulatory, and constitutional cases, Mr. Marra will help Validity review potential portfolio investments and advise clients and law firms on cases where funding may help ensure fair resolution. He received his J.D., magna cum laude, from Harvard Law School, where he was Articles Editor of the Harvard Journal of Law & Public Policy.

“Will’s combination of high-stakes trial practice and experience advising on judicial opinions at the highest levels of the law is a decided advantage in helping our clients crack their toughest legal challenges with funding and strategic advice,” saidJulia Gewolb, Validity’s Director of Underwriting. Marra is the fourth Validity staffer to have served as a federal clerk and adds to the firm’s roster of former practicing trial lawyers which include former litigators from Kirkland & Ellis, Boies Schiller Flexner and Gibson Dunn, among other firms.

Judge John Gleeson will advise Validity in its consideration of investment opportunities. A partner at Debevoise and a former litigator with Cravath, Swaine & Moore, Mr. Gleeson served as an Assistant U.S. Attorney for the Eastern District of New York, before being appointed a judge on the Eastern District by President Clinton in 1994. Stepping down from the bench in 2016, Mr. Gleeson continues to work on major trial and appellate matters, both civil and criminal, as a litigation partner at Debevoise.

“With over 22 years’ experience on the federal bench, Judge Gleeson’s perspective on trial strategy and mechanics is unparalleled. In advising Validity, he will bring this wealth of experience to enhance our investment decisions,” Mr. Sutton commented.

Allen Fagin joins Validity’s eight-member Board of Directors. One of the country’s leading labor and employment litigators, Allen represented a broad range of companies and organizations in workplace related matters. In 2005, Allen was elected Chair of Proskauer Rose, a position that he held for six years. Following his retirement from Proskauer, Mr. Fagin has served as Executive Vice President of the Union of Orthodox Jewish Congregations of America.

“It’s an honor to have Allen Fagin take a seat on our board – his insights as a lawyer and his experience overseeing one of the country’s preeminent law firms, would be welcome enough,” Mr. Sutton said “but Allen also has a strong social conscience and ethical fabric, and we welcome his contributions advancing best practices in dispute funding.”

Mr. Sutton said he expects Validity to introduce some new funding models in the coming year, including novel financing arrangements for law firms to undertake high-risk cases as well as initiatives for greater funding of defense-related matters.

About Validity: Validity provides businesses, law firms and individuals with non-recourse funding for a wide variety of commercial litigation. Founded by litigation finance pioneer Ralph Sutton, Validity believes that capital and legal expertise combine to help solve legal problems on behalf of clients. With a mission to make a meaningful difference in the legal system by focusing on client needs, Validity stands out with a relentless focus on fairness, innovation and clarity.  For more, visitwww.validity-finance.com.

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Darrow Names Mathew Keshav Lewis As Chief Revenue Officer & US General Manager

By John Freund |

Darrow, the leading AI-powered justice intelligence platform, today announced the appointment of Mathew Keshav Lewis as its first Chief Revenue Officer and US General Manager. Lewis brings over 20 years of experience driving revenue and growth for high-profile legal and technology companies – including SaaS platform Dealpath, alternative investment platform Yieldstreet, and legal services pioneer Axiom Law – and will be responsible for helping Darrow scale as it continues an accelerated growth trajectory. 

"Mathew's arrival at Darrow opens enterprise-level deals to all plaintiff law firms, previously accessible only to a select few,” said Evyatar Ben Artzi, CEO and Co-Founder of Darrow. “His expertise from YieldStreet and Axiom empowers our partners to leverage AI, driving unprecedented growth and innovation.” 

Lewis, who will be based in Darrow’s New York headquarters, joins Darrow after serving as the first Chief Revenue Officer of Dealpath, a real estate deal management platform. He also previously held the role of Chief Revenue Officer and GM, Investments at Yieldstreet, where he drove record revenue and growth for the investment platform. 

“I’m delighted to join a team of tremendously talented individuals at Darrow, who have already disrupted the legal technology space and forged the path ahead,” said Mathew Keshav Lewis, Chief Revenue Officer & US General Manager of Darrow. “I am inspired by Darrow’s progress to date, and I look forward to working alongside Darrow’s growing team to expand the company’s footprint.”

This announcement comes at a period of rapid growth for the company, which completed its $35 million Series B funding round last year. Darrow currently works on active litigation valued over $10 billion across legal domains such as privacy, consumer protection, and antitrust. 

About Darrow: Founded in 2020, Darrow is a LegalTech company on a mission to fuel law firm growth and deliver justice for victims of class and mass action lawsuits. Darrow's AI-powered justice intelligence platform leverages generative AI and world-class legal experts and technologists to uncover egregious violations across legal domains spanning privacy and data breach, consumer protection, securities and financial fraud, environment, and employment. Darrow is based out of New York City and Tel Aviv. For more information, visit: darrow.ai

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Omni Bridgeway Releases Investment Portfolio Report for 3Q24

By John Freund |

Omni Bridgeway Limited (ASX: OBL) (Omni Bridgeway, OBL, Group) announces the key investment performance metrics for the three months ended 31 March 2024 (3Q24, Quarter) and for the financial year to date (FYTD).

Summary

  • Investment income of A$296 million FYTD; A$56 million provisionally attributable to OBL.
  • 23 full completions, 17 partial completions FYTD, with an overall multiple on invested capital (MOIC) of2.0x.
  • A$333 million of new commitments FYTD with a corresponding A$447 million in new fair value, on track to achieve our A$625 million target.
  • Pricing remains at improved levels, up 32% for the FYTD compared to FY23.
  • Strong pipeline, with agreed term sheets outstanding for an estimated A$212 million in new commitments.
  • OBL cash and receivables of A$101 million plus A$60 million in undrawn debt at 31 March 2024.
  • A$4.4 billion of possible estimated portfolio value (EPV) in completions over the next 12 months. 
  • Further simplification and enhancement of our disclosures as announced at the Annual General Meeting, comprising non-IFRS OBL-only financials and non-IFRS fair value on a portfolio basis and OBL-only basis.
  • These new disclosures and metrics, as well as a valuation framework for our existing book and platform, were presented at our investor day on 27 March 2024.

Refer to https://omnibridgeway.com/investors/investor-day.

Key metrics and developments for the Quarter

Income and completions

  • Investment income of A$296 million generated from A$193 million income recognised and A$103 million income yet to be recognised (IYTBR), with A$56 million provisionally attributable to OBL FYTD (excluding management and performance fees). 
  • During the Quarter, 11 full completions and 11 partial completions (excluding IYTBR), resulting in 23 full completions and 17 partial completions (excluding IYTBR) FYTD, and one secondary market transaction, with a FYTD overall MOIC of 2.0x.

New commitments

  • Our stated targets for FY24 include A$625 million in new commitments or equivalent value, prioritising value over volume to reflect potential for improved pricing of new commitments.
  • FYTD new commitments of A$333 million at 31 March 2024 (from matters that were newly funded, conditionally approved or had increased investment opportunities). 
  • The fair value associated with these commitments is $447million, 72% of the full year value generation target.
  • Pipeline of 37 agreed exclusive term sheets, representing approximately A$212 million in investment opportunities, which if converted into funded investments is a further 34% of our FY24 commitments target.  
  • In addition to the regular new commitments to investments in the existing funds FYTD, an additional A$11.5 million of external co-fundings were secured for these investments to manage fund concentration limits. OBL will be entitled to management fees as well as performance fees on such external co-funding.

Portfolio review

  • A$4.4 billion of EPV is assessed to possibly complete in the 12 months following the end of the quarter. This 12 month rolling EPV is based on investments which are subject to various stages of (anticipated) settlement discussions or for which an award or a judgment is expected. All or only part of these may actually complete during the 12 month period.
  • We anticipate replacing these final EPV metrics with fair value metrics by the end of this financial year.

Cash reporting and financial position

  • At 31 March 2024, the Group held A$100.7 million in cash and receivables (A$62.8 million in OBL balance sheet cash, A$2.0 million in OBL balance sheet receivables and A$35.9 million of OBL share of cash and receivables within Funds) plus access to a further A$60 million in debt.
  • In aggregate, we have approximately A$161 million to meet operational needs, interest payments, and fund investments before recognising any investment completions, secondary market sales, management and transaction fees, and associated fund performance fees.
  • Post Quarter-end and as per the date of this report, in anticipation of the expiry of the availability period of the debt facility, OBL has drawn down the A$60 million in undrawn debt and received the funds.

Investor day

The investor day presentation and Q&A which took place on 27 March 2024 can be viewed at https://omnibridgeway.com/investors/investor-day.

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Carpentum Capital Launches Aurigon Litigation Risk Consulting (LRC)

By John Freund |

The team around former Carpentum Capital has launched AURIGON LITIGATION RISK CONSULTING (LRC), a litigation funding intermediary based in Switzerland with a special focus on Latin America. 

Founder and Managing Director Dr. Detlef A. Huber comments: ”AURIGON LRC is combining two worlds, litigation finance and insurance. Both areas are increasingly overlapping. Insurers offer ever more litigation risk transfer products and funders recur to insurance to hedge their risks. Hence complexity and advisory requirements are increasing, especially in still developing markets like Latin America. With our team of lawyers and former re/insurance executives trained in Latin America, the US, UK and Europe we are perfectly suited to advice our clients in any stage of the funding process or in related insurance matters. Our goal is to become the preferred partner for litigation and arbitration funding projects out of Latin American jurisdictions and I am looking forward to this new adventure.”

ABOUT AURIGON

AURIGON Advisors Ltd. is operating as re/insurance consultancy since 2011 with a special focus on dispute resolution and auditing. With AURIGON LRC an intermediary for litigation funding has been launched servicing our clients out of Argentina, Chile, Brazil and Switzerland in Spanish, English, Portuguese and German. With our experience setting up the first Swiss litigation fund dedicated to Latin America (founded 2018), and in the insurance advisory area (since 2011), we are bringing together knowledge of processes and mindsets of the funding and the insurance world. 

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