Bentham IMF Completes Third Round of US Hiring Since Launch of $500M Fund Devoted to US Investments, Bringing on Talent to Address Funding Demand for Trade Secrets and International Arbitration Disputes

By John Freund |

NEW YORK (September 11, 2019) – Leading commercial litigation funder Bentham IMF has completed its third round of hiring since the November 2018 launch of its second fund devoted to US investments.

Stephanie Southwick, Managing Partner of Greenfield Southwick LLP, a boutique business and intellectual property litigation firm, has joined the company as an Investment Manager and Legal Counsel, adding strength to the team of former Latham & Watkins attorneys in its San Francisco office. Nilufar Hossain, Acting General Counsel at Prakti who previously practiced international arbitration and commercial litigation at King & Spalding LLP and Freshfields Bruckhaus Deringer LLP, has joined Bentham as Legal Counsel in its New York City office.

The hires reinforce the company’s established expertise in evaluating cases in areas of practice where demand for funding is high. Intellectual property claimants have long sought support from Bentham due to the high cost of pursuing such cases and the protracted time they can take to resolve. The rapid rise in trade secrets litigation brought about by the passage of the Defend Trade Secrets Act, combined with a strong job market spurring trade secret theft, has prompted increased demand specific to trade secrets funding. Ms. Southwick meets the needs of parties bringing those disputes in several ways. In her sixteen plus years as a litigator, she has won numerous verdicts and dispositive motions and secured favorable settlement outcomes for her clients. And she has worked with the types of companies most commonly bringing trade secret claims—start-ups, tech companies and manufacturers. She also has represented VCs, real estate developers, family offices, directors and officers and professional partnerships. Her experience also extends to litigating business torts, contract disputes, founder disputes, and employment matters.

“Adding a well-respected expert in trade secrets such as Stephanie Southwick sets Bentham apart,” said Allison Chock, Bentham’s US Chief Investment Officer. “We enhanced our IP funding strengths earlier this year when we hired Kirkland & Ellis LLP partner Sarah Tsou to oversee our US patent funding. Ms. Southwick’s arrival broadens our capabilities such that we can now serve as a one-stop shop for all types of IP funding.” 

Arbitration disputes give rise to similar issues that prompt the need for funding. With 14 offices around the world and leading international arbitration practitioners including Dana MacGrath (former Sidley Austin LLP partner and current ArbitralWomen President) on its team, Bentham has the capacity—and the capital strength—to provide solutions for international arbitrations arising across the globe. Nilufar’s experience representing US and foreign clients in cross-border litigations, investigations and arbitrations concerning energy, oil & gas, mining and natural resources, pharmaceuticals, technology, and construction disputes adds to the expertise Bentham brings to bear in vetting such disputes.

The hires also help Bentham mirror the legal department and executive teams of the companies it funds. “Gender and ethnic diversity haven’t driven our hiring strategy, but they are factors we consider as we strive to be the trusted resource that companies around the world can look to for strategic financing solutions,” said Allison Chock. The company’s eleven-person senior investment management team in the US, which is comprised solely of lawyers in business-generating roles comparable to equity partner roles at law firms, now has more women than men—a rarity in the fields of law and finance.

The team’s newest hires are highly qualified in their respective fields and have demonstrated a commitment to service throughout their careers. Stephanie served as Arts Commissioner for the City of San Jose and a member of the Board of Trustees for the Silicon Valley Ballet (Ballet San Jose), where she has previously served as pro bono legal counsel. She earned her JD, with honors, from The George Washington University Law School where she was a member of the George Washington International Law Review. She studied International Human Rights Law at The University of Oxford and The George Washington University, and she earned her BA in International Political Economy from the University of Washington.

Nilufar previously served on the board of directors for The Synergos Institute, a non-profit engaged in international public-private partnership projects. She received her JD from New York University School of Law, her MA from Middlebury College and her BA from Harvard University, where she graduated magna cum laude.

ABOUT BENTHAM IMF

Bentham IMF is the US arm of publicly listed IMF Bentham Limited (ASX: IMF), one of the most successful litigation funding companies in the world, and one of only two Chambers and Partners “Band One” litigation funding companies in the US, with a portfolio that has a total claim’s estimated recoverable amount of $5.6 billion AUD. Together, our companies have 14 offices throughout the US, UK, Australia, Canada and Asia and provide funding to clients in jurisdictions including the US, UK, Europe, Australia, Canada, New Zealand, Hong Kong and Singapore. We have reviewed thousands of commercial cases in the past 18 years, funding to completion 192 cases and generating $2.4 billion AUD in recoveries. We have achieved an 89% success rate, with clients utilizing our funding retaining an average of 63% of all case proceeds.

For further information regarding Bentham IMF and its activities, please visit www.benthamimf.com.

DISCLAIMER

Nothing herein should be construed as an offer to buy or sell, nor a solicitation of an offer to buy or sell, any security or other financial instrument, or to invest assets in any account managed or advised by Bentham IMF or its affiliates.

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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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