Validity Finance Expands into California with Addition of Former Covington & Burling Litigator Mark Chen and Several Distinguished Advisors

By John Freund |

Leading litigation funder Validity Finance  announced it has expanded to California, adding experienced litigator Mark Chen as portfolio counsel in Los Angeles.  Mr. Chen was previously special counsel with Covington & Burling in LA, representing clients in complex commercial disputes, including major intellectual property cases in the entertainment sector. In his new role, he will help assess Validity’s funding opportunities with law firms and businesses in Southern California and the West Coast.


Validity also named as senior advisors two high-profile California litigators, Thomas J. Nolan and J. Thomas Hannan. Mr. Nolan is trial counsel in the Los Angeles office of Pearson, Simon & Warshaw; Mr. Hannan is of counsel to Bartko Zankel Bunzel & Miller in San Francisco. In their new advisory roles, they will assist Validity in furthering relationships with law firms and entities in need of litigation finance for commercial disputes.

Additionally, Validity appointed noted litigation valuation expert Gene Phillips as a special advisor. The L.A.-based Mr. Phillips will assist Validity in quantitative analysis, damages valuation and strategic relationship-building. Mr. Philips is CEO of PF2 Securities, which provides research and expert witnesses in large-scale financial disputes.

With its latest expansion coinciding with the firm’s fourth anniversary, Validity has achieved a national footprint, with offices in New York, Houston, Washington, DC, and Los Angeles.

“We’re excited to establish a presence in Southern California, one of the country’s most robust legal markets and home to some of the nation’s busiest civil court venues,” said Validity CEO Ralph Sutton.

“We’ve previously collaborated with Los Angeles-based trial firms in funding successful matters and the time was right to plant our flag here,” he added. “We’re especially pleased to bring on Mark Chen from Covington to enhance our LA operations. He brings a strong track record representing both plaintiffs and defendants in high-stakes cases, including many high-profile matters.

While at Covington & Burling, Mr. Chen litigated matters for clients across a range of industries, including tech, healthcare and entertainment. His representations included multiple matters for the U.S. Olympic Committee, Sony Music Entertainment, and others.

Mr. Chen graduated summa cum laude from Cornell Law School, where he was an editor of the Cornell Law Review, and later clerked for Hon. Stanley Marcus, Senior U.S. Circuit Judge with the U.S. Court of Appeals for the 11th Circuit. Mr. Chen holds a B.A. in business administration from the University of California, Berkeley.

New Senior Advisors Tom Nolan and Tom Hannan

Commenting on the appointment of Messrs. Nolan and Hannan as senior advisors, Mr. Sutton said, “Tom and Tom are both veteran California trial lawyers who have served as lead counsel in numerous major cases. They bring important perspective, expertise and broad relationships based on decades of successful trial practice. We’re fortunate to welcome them as senior advisors as we grow our West Coast presence.”

A fellow of the prestigious American College of Trial Lawyers, Mr. Nolan is one of the nation’s preeminent trial lawyers, with broad experience in complex commercial disputes including class actions, antitrust, fraud, contract, and intellectual property matters. His extensive trial record includes winning jury verdicts of more than $1billion for his clients and defeating claims exceeding $15 billion asserted against his clients.

Mr. Nolan started his career in public service as a federal prosecutor, during which time he served as the chief of fraud and special prosecutions in the Los Angeles U.S. Attorney’s Office. He then spent nearly 30 years in big law at Howrey, Skadden and Latham & Watkins before joining Pearson, Simon & Warshaw in 2020.

Mr. Hannan is an accomplished trial lawyer with a national reputation and noted success representing both plaintiffs and defendants in complex commercial cases.  Mr. Hannan served as judicial law clerk to renowned US district judge Alfonso J. Zirpoli in the Northern District of California. He practiced law for over 40 years with his equally well-known partner Ron Lovitt at Lovitt & Hannan. Together, they successfully litigated a wide variety of professional negligence, fraud and complex commercial matters.

New Special Advisory Role for Gene Phillips

Commenting on Gene Phillips’ addition to Validity’s distinguished roster of outside advisors, Mr. Sutton said, “While the law firms and clients with whom we work are the ones ultimately litigating our funded matters – whether bringing cases or negotiating settlements – it’s essential that our due diligence includes strong economic and data-driven analysis in helping us deploy our capital. That process will benefit tremendously from the contributions of Gene Phillips as special advisor. Gene is one of the industry’s leading litigation experts, and his large network of lawyers and experts will add strategic depth to Validity”. Mr. Phillips holds a BSc degree in mathematics and applied mathematics, and a BSc Hons degree in the Mathematics of Financial Derivatives, from the University of the Witwatersrand in South Africa.

About Validity

Validity is a commercial litigation finance company that provides non-recourse investments for a wide variety of commercial disputes. Validity’s mission is to make a meaningful difference in our clients’ experience of the legal system. We focus on fairness, innovation, and clarity. For more, visit www.validityfinance.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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