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IMF Bentham upsizes Funds in response to market demand for investment funding

By John Freund |
SYDNEY (31 January 2019):  Leading global litigation and dispute financier IMF Bentham Limited (ASX: IMF) (IMF) announced today it is approaching investment targets for two of its funding vehicles ahead of schedule and has successfully increased the capacity of these vehicles to meet strong market demand for investment funding. IMF launched Funds 2 & 3 (known as ‘RoW’ Funds) in October 2017 with A$150 million to fund cases across Australia, Asia, Canada and Europe. In the coming months, IMF aims to launch the additional RoW Fund (Fund 5) to fund future cases in these regions. IMF has committed all of the ‘RoW’ Funds capital and has now upsized the ‘RoW’ Funds to A$180 million to meet demand prior to the launch of Fund 5. Investors (Partners Capital, Amitell Capital and IMF) have committed the additional A$30 million. Demand for funding is evident across all of the jurisdictions in which IMF operates, particularly in Canada and Asia, where contemporary third-party finance is relatively new and IMF is rapidly establishing a market and a leading presence. This upsizing brings IMF’s total Funds under Management to approximately A$1.1 billion. By the end of FY19 we anticipate IMF’s total global Funds under Management will exceed A$1.5 billion - cementing IMF’s position as one of the largest litigation and dispute financiers in the world. IMF Managing Director and CEO, Andrew Saker said: “These developments reflect investor confidence in litigation finance as an asset class and confidence in IMF in particular.  They also confirm the increasing appetite for dispute finance across the legal and other industry sectors. Dispute finance is increasingly becoming a mainstream option for organisations wishing to defray the cost and risk of litigation.” More: See ASX announcement here. ABOUT IMF BENTHAM LTD  IMF is one of the leading global litigation & dispute financiers, headquartered in Australia and with offices in the US, Singapore, Canada, Hong Kong and London.  IMF has built its reputation as a trusted provider of innovative litigation funding solutions and has established an increasingly diverse portfolio of litigation & dispute financing assets. IMF has been a leading pioneer of litigation financing in Australia since 2001, playing a significant role in the initial steps towards a globalised industry via its international expansion in the US, Canada, Asia and Europe. IMF has a highly experienced litigation funding team overseeing its investments delivering, as at 30 June 2018, a 90% success rate across 179 completed cases. For further information regarding IMF and its activities, please visit www.imf.com.au.
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Louise Hird joins Therium Capital Management Australia from the Australian Competition and Consumer Commission

By John Freund |

Melbourne/ Jersey, 30 January 2019. Therium Capital Management, a leading global provider of litigation finance, announced today that Louise Hird has been appointed to the firm as an investment manager. Louise joins Therium from the Australian Competition and Consumer Commission (ACCC), where she was a director leading investigations focused on consumer and competition law. Founded in 2009, Therium is one of the largest and most established litigation financing firms in the world. The firm has funded claims valued at $36 billion.

Therium Capital Management Australia Pty Ltd is headquartered in Melbourne and is led by Simon Dluzniak, who has worked in the funding industry in Australia and the UK since 2003.

Therium has funded claims in Australia since 2011 and is currently funding high profile shareholder class actions against the Commonwealth Bank of Australia Ltd and Spotless Group Holdings Ltd, as well as delivery management software company GetSwift Ltd.  Therium Capital Management Australia will continue to finance class actions and general commercial, insolvency and arbitration claims. The firm will also seek to develop the country’s emerging corporate funding and portfolio funding markets, as well as investigate the funding of arbitration claims in Hong Kong and Singapore, both of which are emerging markets for litigation finance.

Simon Dluzniak, Head of Therium Capital Management Australia, said: “We are very excited about launching our office in Melbourne and delighted that Louise has joined the team.  Her competition experience will be invaluable as we continue to deliver innovative funding solutions for our clients.  Whilst our business has been very successful in Australia for some time and we are funding some major cases, having a team on the ground ensures that we are closer to our clients, and better positioned to capitalise on market opportunities in Australia and the Asia-Pacific region more broadly.”

Louise Hird, Investment Manager at Therium Capital Management Australia, said: “I have known of Therium for many years and have been hugely impressed. The team has tremendous experience in funding highly complex, often cross border cases, both claimant and defendant side, and has been at the forefront of developing the industry globally. I am very excited to join the firm and look forward to building the business further in Australia and the wider region, as well as working with our international teams to leverage Australia’s long standing experience of funding.”

Prior to joining Therium, Simon spent 12 years with another international funder, leading on cases in Australia and the UK. He has significant funding experience, particularly in relation to class action and insolvency litigation, having managed a number of high-profile funded cases in both jurisdictions. Previously, Simon worked with corporate regulators in Australia and the UK, and at Ernst & Young. He graduated from La Trobe University with degrees in Arts (BA) and Law (LLB) in 1997.

At the ACCC, Louise led a wide variety of investigations into misconduct in various industries.  She has advised at a high level on enforcement strategy and case formulation in complex matters, and managed proceedings in the Federal Court of Australia.  Louise has a Bachelor of Arts from the University of Melbourne and a Master of Laws (Juris Doctor) from Monash University.

Therium has operations across Europe, including in the UK, Germany, Italy, Spain and Scandinavia, and in the US. Therium was the first commercial litigation funder to have operations on the ground in Germany and Scandinavia and it was the first European firm to launch a full service business in the US.

Litigation funding allows individuals and companies to take on litigation and arbitration cases that they might not otherwise be able to afford, and/or to hedge the costs and risks involved in such matters. Therium pays for all of the costs, including adverse costs in the event that the case is lost, and only receives payment if the case is won.

Therium Capital Management Australia Pty Ltd is located at: Level 3, 257 Collins Street, Melbourne VIC  3000. Telephone: +61 (0)3 8375 9641.

About Therium

Founded in 2009, Therium is a leading global litigation financing firm with a market-leading track record of generating superior returns for its investors. The firm works across all forms of commercial litigation and arbitration and invests in a broad range of complex commercial disputes, from securities and shareholder actions, international arbitration, competition and antitrust cases, through to intellectual property, insolvency and class actions. In February 2018, Therium announced its latest fund of £200 million, which the company is now actively deploying, and Therium has now raised nearly $800 million since its foundation. To date, the firm globally has funded claims valued at $36 billion. Therium has consistently been at the forefront of innovation in litigation finance, pioneering the combined use of insurance tools alongside funding vehicles, and introducing portfolio funding products into the UK.

The firm’s ability to develop innovative funding arrangements and bespoke financial solutions for litigants and law firms complements its unmatched experience and rigorous approach to funding a wide range of commercial disputes throughout the world.  In Chambers and Partners’ inaugural litigation support directory this year, Therium was ranked as a Tier 1 litigation funder. Therium is a founder member of the Association of Litigation Funders of England and Wales.

www.therium.com

Media enquiries

Desiree Maghoo Questor Consulting +44 (0)7775 522740 dmaghoo@questorconsulting.com

Simon Barker Questor Consulting +44 (0)7866 314331 sbarker@questorconsulting.com
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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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How Litigation Funding is Impacting the Broader Legal Market

By John Freund |
Ever since its arrival on the stage in the early 1990s in Australia, litigation funding has managed to impact the broader legal climate in which it participates (in early 90s Australis, that was the insolvency market, today in Australia, the UK and America, that is nearly every legal sector). Take class actions, for example. Litigation funding has been proven to increase the rate of settlements  in class actions by 21%. Professor Vince Morabito of Monash University compiled data leading up to July 2017, which showed that funded parties in class actions are 69% likely to settle, whereas unfunded parties are only 48% likely to settle. According to an ICGN report shared on LinkedIn, litigation funding has had a significant impact on various sectors of the legal market. First and foremost is the non-U.S. Securities market. Ever since the Supreme Court's seminal 2010 ruling in Morrison v. National Australia Bank Ltd., which found that U.S. securities law applies only to stocks purchased on domestic exchanges, foreign securities investors have been ramping up legal activity across the globe. The growth of litigation funding has (not coincidentally) coincided with this surge in shareholder class actions, as funders can not only help finance claims, but can actually engage with law firms in the laborious process of building claims and sourcing claimants in the first place. This is clearly a major boon to non-U.S. law firms, which are often prevented from working on contingency the way their U.S. counterparts can. And funders have indeed been capitalizing on this opportunity, as it has been estimated that upwards of 50% of all new class action claims in Australia are funded claims. Of course, international arbitration is also seeing a spike in funded claims, with the formal acceptance of third party funding by both Hong Kong and Singapore last year. Arbitration is often a costly exercise, and typically lodged against extremely well-capitalized defendants. Litigation funders level the playing field for global enterprises seeking access to justice. All told, the various impacts of funding are only just beginning to be recognized, as the industry is still in its infancy - or perhaps its mere 'toddler' years. There is still plenty of maturation down the road ahead for litigation funding, and if the past few years are any indication, we're likely to see the wider legal market change drastically as a result.
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Legal-Bay Pre Settlement Funding Kicking Off 2019 With 24-Hour Approvals On Motor Vehicle Accidents And Personal Injury Cases

By John Freund |
JERSEY CITY, N.J.Jan. 28, 2019 /PRNewswire/ -- Legal-Bay LLC, the pre settlement funding company, is poised to offer 24-hour approvals for victims of personal injury and car and truck accidents. During this time of year, accidents spike due to icy road conditions and reckless driving. Car, semi truck, and other motor vehicle accidents including public bus transportation are prevalent at this time of year, especially when weather conditions are taken into consideration.
Along with outdoor hazards, public indoor spaces can also offer risky conditions. Wet floors, walkways, and stairs can cause personal injury or even death. If you are currently awaiting a monetary settlement from a motor vehicle or personal injury lawsuit, Legal-Bay may be able to get you a cash advance in as little as 24 hours. Their ample and experienced staff will be able to explain the presettlement funding process, and get you the lawsuit money you have coming to you.
Chris Janish, CEO, commented on the company's dedication to their clients, "Legal-Bay is off to a great start in 2019 as we strive for continued excellence with our customer service and even faster turnarounds. As our clients look to access funds for their lawsuit, our staff is ready and willing to assist them with the quickest pre-settlement approvals in the industry." Legal-Bay urges clients who need cash now to apply online at: http://lawsuitssettlementfunding.com Car and semi truck accidents cases are the most prevalent lawsuits in the courts. However, Legal-Bay handles all cases including personal injury, slip and falls, premise liability, medical malpractice, construction accidents, wrongful termination, discrimination and sexual harassment, along with many others. Legal-Bay's funding programs are non-recourse, no-risk lawsuit cash advances, also known as case funding. None of the programs should be considered to be a settlement loan, settlement loans, lawsuit loan, lawsuit loans, pre-settlement loans, or a pre-settlement loan, as the money does not need to be paid back if you ultimately lose your case. To apply now for lawsuit settlement funding go to the company's website at: http://lawsuitssettlementfunding.com or call the company's toll free intake line at: 877.571.0405 where agents are standing by.

Contact: 

Chris Janish, CEO

Email:  info@Legal-Bay.com

Ph.: 877.571.0405

SOURCE Legal-Bay LLC
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Woodsford Litigation Funding bolsters its presence in Asia with the appointment of former head of the Hong Kong office of Latham & Watkins to its Investment Advisory Panel (IAP)

By John Freund |
LONDON, SINGAPORE, HONG KONG, PHILADELPHIA 30 January 2019, Woodsford Litigation Funding, the global provider of litigation financing solutions for businesses, individuals and law firms, has announced that Hong Kong based Simon Powell has joined its Investment Advisory Panel. Simon is an independent arbitrator in Asia. Prior to this he was a senior partner in a number of leading global law firms, including most recently Latham & Watkins, where he managed the Hong Kong office for a number of years and built and then led the disputes and arbitration practice across Asia. Simon has spent the last 27 years of his life as an arbitration and dispute resolution lawyer in Asia, focusing on complex commercial and corporate disputes. This experience will be invaluable for Woodsford in assessing the increasing number of investment opportunities emanating from the region, particularly now that Hong Kong has changed its law to permit funding of arbitration. “As various countries across Asia have liberalised their funding regimes, we have seen a significant increase in the number of requests for funding. We expect this growth to continue apace and the need for a dedicated Asian arbitration expert on our IAP has become increasingly apparent. We are delighted to have somebody of Simon’s calibre on board.” said Charlie Morris, Woodsford’s Chief Investment Officer, EMEA & APAC. Simon Powell commented, “I’m delighted to be joining Woodsford at this time. With Hong Kong permitting arbitration funding from February 1st and a continuing increase in interest in funding for Singapore-based arbitrations, I look forward to playing my part in establishing Woodsford as the leading funder in the region." Woodsford recently announced a wave of executive appointments in the US and is currently recruiting for a number of other posts, including a Business Development Manager (Singapore), Director of Business Development (London) and Commercial Manager (London or Philadelphia). [Ends] About Woodsford Litigation Funding Founded in 2010 and with offices in London, Philadelphia and Singapore, Woodsford Litigation Funding provides tailored litigation financing solutions for businesses, individuals, and law firms. This includes both single case and portfolio litigation funding and arbitration funding. Woodsford’s Executive team blends extensive business experience with world-class legal expertise. Woodsford is a founder member of the Association of Litigation Funders of England and Wales. Interviews, photos and biographies available on request. Media contact Steven Savage Head of Marketing & Business Development ssavage@woodsfordlf.com UK +44 (0)20 7985 8410 For further information visit http://www.woodsfordlitigationfunding.com or follow on Twitter @WoodsfordLF.
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Litigation Finance Pioneer Bentham IMF Breaks the Mold of Law and Finance, Completing Hires that Establish Gender Equality and Build on Specialized Expertise of Investment Management Team

By John Freund |
NEW YORK (January 29, 2019) – Leading commercial litigation funder Bentham IMF has hired Sidley Austin LLP partner, Dana MacGrath, and Kirkland & Ellis LLP partner, Sarah Tsou, as investment managers and legal counsel responsible for sourcing and evaluating arbitration and commercial litigation matters that meet Bentham’s investment criteria. The company has also hired Chief of Staff, Tina Young, from Deloitte Consulting LLP. This marks the second round of hiring at the company since it launched its most recent fund in November 2018. Bentham and its parent company, IMF Bentham Limited (ASX:IMF), already stand out in the male-dominated industries of law and finance for having women throughout the ranks—including at the board of directors, senior management and investment management levels. These new hires, along with hires the company announced in December 2018, establish gender equality at a level where law firms and financial institutions have struggled to achieve it. The company’s ten-person senior investment management team in the U.S., which is comprised solely of lawyers in business-generating roles comparable to equity partner roles at law firms, now has an equal number of men and women. This achievement furthers the company’s tradition of setting high standards for diversity in the burgeoning industry it helped to form. The arrival of Dana and Sarah also strengthens the company’s ability to evaluate cases in areas of practice where demand for funding is high. Dana will be responsible for leading the company’s investments in international arbitration matters. She has long been a leading practitioner in international arbitration, having conducted arbitrations before the preeminent international arbitration institutions, as well as before ad hoc arbitration panels, and serving as an arbitrator herself. She has also represented U.S. and foreign parties in disputes regarding the enforceability of arbitration agreements and arbitral awards, forum selection and choice of law clauses, sovereign immunity and discovery in the international context. Sarah will enhance Bentham’s ability to evaluate intellectual property matters for investment, in particular patent litigation. She brings the perspective of a big firm lawyer who has spent over a dozen years representing clients ranging from start-ups to Fortune 100 companies in all aspects of complex litigation from inception to trial. In addition to litigating patent disputes spanning a broad range of technologies and industries, Sarah has also handled trade secret and trademark litigation and counseled clients in corporate acquisitions, licensing matters, and other transactions. Tina Young will play a management role for Bentham, drawing on more than 25 years’ experience working in the financial services and TMT industries for companies including JP Morgan Chase Bank, N.A., Morgan Stanley and Reuters America. Throughout her career, Tina has held senior leadership roles on global teams devoted to data management, leveraging industry and client insights, providing strategic sourcing solutions for risk and compliance, expense management and procurement. “Dana and Sarah will give us the unique competitive advantage of having the in-house expertise to rapidly evaluate arbitration matters and intellectual property litigation claims and invest in those most likely to help us sustain our 90% success rate,” said Allison Chock, Bentham’s US Chief Investment Officer. “We’re thrilled that recruiting the very best candidates for these roles also brought about the unintended but excellent circumstance of establishing a 50/50 gender balance on our senior investment team.” “The law firms and claimants that partner with Bentham choose to do so for the factors that set us apart from other funders: our unparalleled experience, our impressive track record, the simple and fair investment terms we offer, and access to a team comprised of litigators from top-tier law firms and litigation boutiques,” said Charlie Gollow, Bentham’s US Chief Executive. “Steadily building on our team’s specialized expertise, first with the 2017 hire of our bankruptcy funding specialistKen Epstein, and now with the hire of Dana and Sarah, furthers our ability to make Bentham the obvious financier to choose—for general commercial litigation, as well as bankruptcy, international arbitration, intellectual property and other types of matters.” The team’s newest hires are highly qualified in their respective fields. Dana has been recognized as a leading practitioner of international arbitration in various directories, including Chambers USA, Who’s Who Legal: Arbitration, Latinvex in “Latin America’s Top 100 Female Lawyers” and Expert Guides’ Guide to the World’s Leading Experts in Commercial Arbitration. She is the current President of the Board of Directors of ArbitralWomen, an international nonprofit organization that promotes women and diversity in international dispute resolution. She is also a member of several other professional associations. She is an adjunct professor of law at Brooklyn Law School, where she teaches a seminar on international commercial arbitration and coaches the Brooklyn Vis International Commercial Arbitration Moot team. Dana earned her J.D. from New York University School of Law and her B.A. cum laude, from Middlebury College. Sarah has tried numerous cases before federal district juries and judges, arbitration panels, and the U.S. Patent Office, and she joins Bentham just weeks after her latest jury trial win. Working with the world’s premier intellectual property trial lawyers, she has secured significant verdicts and judgments for both plaintiffs and defendants, including some over $100 million. Sarah and her cases have been recognized in The American LawyerLaw360 and other publications. Most recently, one of her successes was profiled by Law360 in its announcement naming her former firm a 2018 IP Group of the Year. In addition to taking various committee leadership roles at her former firm, Sarah was a recipient of the Kirkland & Ellis LLP Pro Bono Service Award. She earned her JD from New York University School of Law and her BA from Washington University in St. Louis, graduating summa cum laude, with Highest Honors. 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 17 years, funding to completion 179 cases and generating $2.3 billion AUD in recoveries. We have achieved a 90% success rate, with clients utilizing our funding retaining an average of 62% 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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Burford Backs AMP Claim as Entry Point to Aussie Market

By John Freund |
Burford Capital, the world's largest litigation funder, has confirmed rumors that it is indeed setting up shop in the land where litigation funding first began. The funder became one of five global funders to partner with a law firm (in Burford's case, Quinn Emanuel) on the filing of a shareholder class action against wealth management giant AMP. Now Burford has announced plans to formally enter the Australian market, with an eye towards further class action claims. As reported by ABC, Burford is looking to capitalize on the findings of the Royal Banking Commission which found that AMP charged clients fees for services it did not procure. Burford CEO Christopher Bogart acknowledged that his firm's involvement in the AMP case is meant to be a stepping stone for future funding engagements in Australia, calling the partnership with Quinn Emanuel "an important foot in the door." The UK-based Burford has no solid footprint in Australia, the world's oldest litigation funding market, and so will have to build its business there from scratch. While many regulators and government officials have been crying foul over funder influence in the class action market (spiking the number and size of claims against corporations), Bogart contends his industry is performing "an enormous public good" by lowering the cost of bringing a class action claim for the pool of litigants. Given Burford's latest $1 billion fundraise from an unnamed sovereign wealth fund (1/3 of that total coming from the funder's own balance sheet), the company has plenty of deployment options when it comes to making investments in Australia - or anywhere else, for that matter.

Australian Law Reform Commission Issues Recommendations Promoting Fairness in Class Actions

By John Freund |
The Australian Law Reform Commission (ALRC) has issued its long-awaited report on suggested improvements to the class action legal climate in Australia. Class actions are on the rise - specifically shareholder actions - thanks in part to broad regulations imposed on public corporations by the government, as well as the rise of litigation funding which is helping fuel law firms that build large-scale cases against alleged corporate malfeasance. Now the ALRC wants to implement measures that it says will "promote fairness and efficiency in class action proceedings, protect litigants and assure the integrity of the civil justice system." The ALRC has released a report outlining two dozen recommendations aimed at reforming the Australian class action ecosystem. The report, which is called: Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders, is the result of over 60 consultations with various stakeholders. Some highlights of the ALRCs report:
  • The implementation of a percentage-based fee model for solicitors would enhance access to justice and decrease associated costs to litigants. Additionally, a voluntary accreditation scheme for solicitors should be established.
  • A security for cost award would reduce the risk of ligation funder influence over a case, or of a funder's failure to meet its financial obligations. Likewise, the Court should maintain broad oversight of any funding agreements, and ensure that they indemnify lead plaintiffs against an adverse costs order.
  • Standardized mechanisms should be put in place that enable the Federal Court to properly manage competing class actions.
  • The Federal Court should appoint an independent costs referee to ascertain the reasonableness of legal costs in class action proceedings.
  • In general, transparency in class action settlements should be promoted and increased.
The ALRC recommends government reviews of the statutory enforcement regimes, as well as the  legal and economic impact of the regulatory implementations, with special emphasis placed on continuous disclosure obligations, given how broadly that allegation can be leveled against corporations whose stock prices suddenly plummet. The ALRC does recognize that further investigation of class action regulation is warranted, and that these recommendations are just that - recommendations, not laws. That said, those looking to drastically reform the class action system now have a viable framework which which to promote their ongoing agenda. We'll have to wait and see to what extent the ALRCs recommendations are implemented by the Australian government.

RPX Announces Licensing Transaction with IP Bridge

By John Freund |
SAN FRANCISCOJan. 24, 2019 /PRNewswire/ -- RPX Corporation today announced that it secured licensing rights for 10 companies to 595 semiconductor-related patents owned by Godo Kaisha IP Bridge 1 (IP Bridge). "As the nature of patent risk evolves, RPX continues to play a pivotal role in bringing companies together to resolve costly and time-consuming patent problems with greater efficiency than any one company can achieve on its own," said Dan McCurdy, Chief Executive Officer of RPX. "RPX's resources, patent knowledge, and deep ties to industries worldwide uniquely position us to complete complex transactions such as this and to resolve patent-related issues that impact entire industries." "Working with RPX allowed us to more efficiently resolve these ongoing patent licensing disagreements and to deliver a result upon which both IP Bridge and these various semiconductor companies could agree," said Hideyuki Ogata, Executive Manager of IP Bridge. "IP Bridge welcomes any investor or corporation with their patents if it may contribute to IP Bridge's mission of promoting open innovation." The companies receiving licenses to the IP Bridge semiconductor portfolio represent major companies in various segments of the semiconductor ecosystem. ABOUT RPX
RPX Corporation is the leading provider of patent risk solutions, offering defensive buying, acquisition syndication, patent intelligence, insurance services and advisory services. Since its founding in 2008, RPX has introduced efficiency to the patent market by providing a rational alternative to litigation. The San Francisco-based company's pioneering approach combines principal capital, deep patent expertise, and client contributions to generate enhanced patent buying power. By acquiring patents and patent rights, RPX helps to mitigate and manage patent risk for its growing client network. As of December 31, 2018, RPX had invested over $2.4 billion to acquire more than 43,000 US and international patent assets and rights on behalf of approximately 320 clients in eight key sectors: automotive, consumer electronics and PCs, E-commerce and software, financial services, media content and distribution, mobile communications and devices, networking, and semiconductors. ABOUT IP BRIDGE
IP Bridge is focused on promoting technological innovation and cooperation within Japan and around the world. IP Bridge has worked with investors worldwide, from 26 major global corporations to the Japanese Government, to establish the first and largest fund in Japan (approximately $300M) aimed at global innovation and IP-related investments. IP Bridge's mission is to discover, activate and leverage high-quality, under-utilized intellectual property assets to the benefit of a variety of IP owners based in and outside of Japan. IP Bridge's vision is that these activities will stimulate economic development and a healthy growth of industries worldwide. IP Bridge actively engages leading technology companies, small and medium size enterprises (SMEs) and universities to build large and high-quality portfolios of 3,500 worldwide patents that are growing.  These portfolios are in the fields of wireless communications, semiconductors, video codecs, display technologies, automotive technologies, robotics, home appliances, electric devices, healthcare, environment and energy, food technologies, and medical engineering. Media Contact:
Jen Costa
RPX Corporation
+1.415.852.3180 
media@rpxcorp.com SOURCE RPX Corporation
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How China’s Belt and Road Initiative May Help Bring Litigation Funding to the Mainland

By John Freund |
China's Belt and Road Initiative (BRI) is arguably the largest infrastructure project ever. Consequently, there have already been and will continue to be a myriad of disputes that arise. These commercial and investor-state disputes are actually helping mainland China's judicial climate evolve, and with that evolution may eventually come mainstream acceptance of litigation funding. According to Vannin Capital's latest Funding in Focus series, China is indeed undergoing a rapid transformation when it comes to its legal system. The world's most populous nation is taking steps to improve its capacity to resolve disputes, especially when in the area of international arbitration. The ICC, for example, is focusing on large-scale complex disputes, especially as relates to the BRI. And the Chinese Supreme People’s Court is placing a strong emphasis on upholding the arbitral rules set forth in the New York Convention. Mainland China has long-needed a reform of its legal system, and BRI may yet prove to be the spark that finally ignites the flame. What's more, China is keenly aware of the steps that Hong Kong and Singapore have taken to cement their status as the top arbitral centers of Asia, in part by welcoming the use of third party funding in international arbitration disputes. While the practice is recognized in China, it is not yet mainstream, and there are still many knowledge gaps around the benefits of third party funding as well as the various implementations (portfolio funding, for example). Yet China has shown great eagerness when it comes to competition, so it isn't a far cry to assume that broader acceptance of the practice will soon arise. Of course, there are still barriers to entry - enforceability being a key concern. And China's dispute resolution culture is one that leans more towards mediation, hence legal professionals are less-experienced in areas of litigation and arbitration than many funders would like them to be. As Peter Hirst, Co-Chair of the Clyde & Co Global Arbitration Group noted, "For Chinese parties, there is a greater focus on building relationships of trust and confidence. I think it is best summed up in understanding that the contract is seen as the start of a relationship, not the culmination of it." While BRI won't change the culture overnight, it is still forcing China's hand, so to speak.  China has no other choice but to update and reform its legal system, and as the years drag on (BRI was first implemented in 2013), Chinese legal professionals are gaining more and more experience in areas that matter most to funders - namely international commercial arbitration and investor-state disputes. Of course, when it comes to BRI dispute resolution, mainland China will be competing with Singapore and Hong Kong, as well as major international arbitration centers such as New York and London. That said, no one expects China to reach the summit right away. It's a long climb to the top of the mountain, and it seems that BRI is providing the first leg up.

Woodsford Litigation Funding announces further expansion with a wave of senior executive appointments and new Hong Kong based addition to its Investment Advisory Panel (IAP)

By John Freund |
LONDON, PHILADELPHIA, HONG KONG 23 January 2019, Woodsford Litigation Funding, the global provider of litigation financing solutions for businesses, individuals and law firms, has announced further expansion of its international executive team and IAP. The appointments of Michael Kallus as Senior Investment Manager (San Francisco), Sarina Singh as Director of Litigation Finance (Philadelphia) and Eamon Wood as a Consultant (New York) will further boost Woodsford’s US operations and for the first time give the business a presence on the West Coast. Simon Powell becomes Woodsford’s second Asian-based IAP member, in addition to John Beechey, reflecting the increasing importance of the region to Woodsford. Simon was previously at Latham & Watkins LLP, where he managed the Hong Kong office. “2018 was a year of explosive growth for Woodsford, we did more deals and committed more cash than ever before. These exciting developments in the US and Asia will enable us to continue on this incredible growth trajectory.” said Steven Friel, Woodsford’s CEO. Woodsford’s new Senior Investment Manager, Michael Kallus commented, “The west coast of the United States is a hotbed of commercial activity and entrepreneurial law firms but, to date, relatively under-served by litigation funders. My appointment signals Woodsford’s commitment to understanding and serving this critical market." Woodsford is currently recruiting for a number of other posts, including a Director of Business Development (London), Commercial Manager (London or Philadelphia) and Business Development Manager (Singapore). About Woodsford Litigation Funding Founded in 2010 and with offices in London, Philadelphia and Singapore, Woodsford Litigation Funding provides tailored litigation financing solutions for businesses, individuals, and law firms. This includes both single case and portfolio litigation funding and arbitration funding. Woodsford’s Executive team blends extensive business experience with world-class legal expertise. Woodsford is a founder member of the Association of Litigation Funders of England and Wales. Interviews, photos and biographies available on request. Media contact Steven Savage Head of Marketing ssavage@woodsfordlf.com UK +44 (0)20 7985 8410 For further information visit http://www.woodsfordlitigationfunding.com or follow on Twitter @WoodsfordLF.
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IMF, Njord Law Firm and Quinn Emanuel propose shareholder action against Danske Bank over one of the world’s largest money-laundering scandals

By John Freund |
(LONDON, UNITED KINGDOM 22 January 2019): IMF Litigation Funding Services Limited (IMF LFS), a wholly owned subsidiary of IMF Bentham Limited (ASX:IMF) (IMF), one of the world’s largest and most respected litigation funders, announced today a proposed shareholder action for shareholders of Danske Bank A/S (CPSE:DANSKE) (Danske Bank), to be led by specialist Danish law firm NJORD Law Firm and leading global litigation law firm Quinn Emanuel. The action will seek compensation for shareholders who lost millions of euros in value as a result of perceived errors and omissions committed by Danske Bank’s management and Danske Bank’s failure to disclose to the market the circumstances and magnitude of alleged unlawful activities within its Estonian branch. Background Danske Bank is the largest financial institution in Denmark and has a presence in sixteen countries. In 2007 Danske Bank acquired an Estonian branch as part of its acquisition of Finnish-based Sampo Bank. The Estonian branch held a non-resident portfolio comprising customers from the Russian Federation and the larger Commonwealth of Independent States, including countries such as Azerbaijan and Ukraine. In 2007 Danske Bank’s management were advised by the Russian Central Bank, via the Danish Financial Supervisory Authority, of concerns regarding the non-resident customers of the Estonian branch, including possible tax and custom payments evasion and criminal activity including money laundering. Despite many warnings, including a report from a whistle-blower employed in the Estonian branch in early 2014, and audit letters from Group Internal Audit, Danske Bank’s anti-money laundering procedures at the Estonian branch failed to respond and were manifestly inadequate. It was not until 19 September 2018 that Danske Bank provided sufficient information to inform the market of the true scale of the problems within Danske Bank. Over the course of 2018, Danske Bank’s shareholders experienced a substantial fall in their share value, Shares trading on 2 January 2018 at the equivalent of €25.62 fell to the equivalent of €18.70, following the disclosure on 19 September 2018, (a fall of €6.92 or 27%). IMF LFS’ Investment Manager Alistair Croft said: “EU Justice Commissioner Vera Jourova has referred to the money laundering uncovered within the Bank as ‘the biggest scandal we have now in Europe.’ The failure to disclose approximately €200bn of suspicious money flowing through its Estonia branch has caused serious harm to Danske’s financial position and its reputation. Reports make clear that Danske Bank continued to downplay the problems publicly and gave the impression they were largely historical matters that were substantially resolved. Although Danske Bank engaged in dialogue over many years with regulators in Estonia and Denmark, management disclosed no inkling of any serious issues to their shareholders.” Christian Benedictsen-Nislev, lead partner at NJORD Law Firm, stated: “In our assessment, Danske Bank failed to provide adequate and timely information to the market of the nature and extent of the problems in the Bank, resulting in inflated share prices. NJORD Law Firm is committed to assist shareholders in seeking compensation for losses suffered as a result hereof." What should Danske Bank shareholders do? The shareholder action is open to investors who suffered loss after acquiring shares in Danske Bank between 29 April 2014 and 19 September 2018 (inclusive). NJORD Law Firm, Quinn Emanuel and IMF encourage all shareholders who acquired shares in Danske Bank during this period to register their interest as soon as possible via IMF’s confidential, dedicated website page (https://www.imf.com.au/danske) or by contacting IMF LFS in London or the lawyers directly. IMF LFS, together with both law firms, will host a group telephone conference call on 31 January 2019 to explain to shareholders how the claim will be run. To register for this call, please email danske@imf.com.au and access details will be posted on IMF’s webpage (https://www.imf.com.au/danske) nearer the time. ABOUT IMF IMF is one of the leading global litigation funders, headquartered in Australia and with offices in the US, Canada, Singapore, Hong Kong and London. IMF has built its reputation as a trusted provider of innovative litigation funding solutions and has established an increasingly diverse portfolio of litigation funding assets. IMF has a highly experienced litigation funding team overseeing its investments. We have a 90% success rate over 179 completed investments and have recovered over AU$1.4 billion for clients since 2001. As at 30 September 2018, there are 74 live investments with an aggregate estimated portfolio for all investments globally of approximately AU$5.8 billion. IMF LFS is a wholly owned subsidiary of IMF and provides dispute finance, investment capital and strategic services for disputes in the EMEA region, which includes the UK, mainland Europe, Middle East and Africa. For further information regarding IMF and its activities, please visit www.imf.com.au ABOUT NJORD LAW NJORD Law Firm is a full-service law firm serving local and international clients through the firm’s offices across the Nordic countries, including Denmark and Estonia. NJORD Law Firm’s litigation department is one of the largest and most experienced among the Top 10 Danish law firms. The firm’s many expert litigators include lawyers specializing in capital markets and securities litigation, and the litigation department has substantial experience with complex, multi-party litigation. For further information about NJORD Law Firm, please visit www.njordlaw.com ABOUT QUINN EMANUEL One of Quinn Emanuel’s largest practice areas is securities litigation. For decades, the firm has represented both plaintiffs and defendants in many of the highest-profile securities cases in the United States. More recently, their global presence has allowed them to advise and represent clients in a broad range of complex securities disputes in major financial markets overseas, including Australia, the U.K., Europe, and Asia. Many of their representations have involved dozens of related shareholder-derivative and class action claims. Over the past eight years, they have achieved verdicts and settlements totalling over $47 billion for their clients in the wave of litigation that arose in the aftermath of the U.S. financial crisis. For further information about Quinn Emanuel, please visit www.quinnemanuel.com
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Class Action Funding in the EU

By John Freund |
The explosive growth of litigation funding has led to a boom in the class action market. Recently, a panel of experts gathered to discuss class action funding in the EU, including how we got to where we are today and where we might be headed in the near future. As reported in CDR, David Greene, a senior partner at UK law firm Edwin Coe, noted that he has been working in the class action space since the 1980s, and that the sector was more of a 'cottage industry' until the global financial crisis. After that event, the amount and sizes of claims grew exponentially, which in turn led to the growth of class actions worldwide. Litigation funding has played no small part in accelerating that growth. Tim Mayer of Therium Capital Management explained that class actions in involve many passive claimants with a bundled claim that is extremely large. That affords funders the opportunity to get creative with their financing schemes, such as offering funding terms that are inclusive of ATE insurance. However, there is a lot of diligence on these types of cases. Often, law firms will approach funders with a claim that is only half-baked, and it can be up to the funder to decipher if there is actually a robust class with a viable claim. Adverse costs are another issue to consider, when it comes to EU and UK group actions. Of course, the number one priority for funders is the budget. Class actions can drag on for extremely long periods, and given how time-sensitive funders are, they have to be extra careful when writing extremely large checks. Class action jurisprudence is also somewhat underdeveloped in the UK, given how nascent the industry is there. Courts are expecting claimants to 'come with their house fully in order,' which implies extra due diligence and prep work when it comes to bringing a successful class action claim. Lucy Pert, formerly of Harbour Litigation Funding, and now with law firm Hausfeld, encourages broader support for a more robust collective redress framework. Currently, the European Commission is considering whether to allow EU member states to develop their own collective redress initiatives. Pert applauds the UK for trying to reform some of those measures, and hopes other nations will soon follow suit.

Hedge Funds Showing Increased Interest in Litigation Claims

By John Freund |
It's no secret that over the last several years, Wall Street has been pouring money into the litigation space - whether indirectly by capitalizing litigation funders, or directly via their own investments into the space. However the recent revelation of Baupost Group's $1 billion purchase of legal claims against utility company PG&E illustrates both the scope and scale of the hedge fund world's interest in the legal sector. As reported in Yahoo News, billionaire Seth Karman's Baupost Group has long been one of the titans of the hedge fund world. Now Baupost is spreading its wings, having purchased $1 billion of legal claims against utility giant PG&E. Interestingly, Baupost appears to have purchased the claims as a hedge on its investment in PG&E stock. Klarman's fund invested in PG&E, which subsequently plummeted over 80% after the California wildfires left the utility company $30 billion in debt and facing imminent bankruptcy. However, in a process known as subrogation, Baupost also purchased legal claims against PG&E, held by the utility company's insurer. The hedge fund reportedly paid 35 cents on the dollar for those claims, and now maintains the right to sue PG&E, the very same company it invested in. Insurance claims are repayable in a bankruptcy proceeding, however Baupost may be in for a bumpy ride to recoupment, given their status as a general unsecured creditor. That classification essentially places them last in line. This is not the first subrogation claim Baupost has pursued, and it is currently engaged with another similar claim. Sometimes the hedge fund purchases a partial subrogation, and partners with an insurer in the litigation of an entity. All of this shows how far Wall Street is willing to go when it comes to capitalizing legal claims.
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Legal-Bay Announces Plans for Huge Expansion in 2019 Personal Injury Cases and Surgical Funding

By John Freund |
JERSEY CITY, N.J.Jan. 14, 2019 /PRNewswire/ -- Legal-Bay, the premier Pre Settlement Funding Company, announced today that they are preparing for huge growth in their personal injury and surgical funding departments. Legal-Bay is one of the leading lawsuit funding companies in the industry who also offers a very fast approval process.
When dealing with a patient who is in the middle of a personal injury lawsuit, advance surgical funding provides a great service to all. The medical provider or surgeon can pay his expenses and staff risk-free as opposed to waiting to get paid from a patient's settlement. The plaintiff's law firm is able to get full value for a case once treatment is completed. And most importantly, the injured party is able to get the treatment they need in order to make a full recovery—as well as maximizing the lawsuit settlement value amount.
Legal-Bay plans for expansion into these key markets across the country with a laser focus on CaliforniaFloridaTexasOhioNew YorkNew JerseyGeorgia and Pennsylvania. Chris Janish, CEO, commented on the company's readiness, "We are excited to aggressively enter larger markets in 2019 with both our personal injury cash advances as well as our surgical funding options for plaintiffs who don't have insurance. We feel that the surgical funding market is ripe nationwide with brokers, surgeons, and lawyers who need our financing to help move personal injury lawsuits along to completion." If you have an active lawsuit and need legal funding, Legal-Bay may be able to assist you immediately. They urge clients who need cash now to reach out for help. To apply online, please visit: http://lawsuitssettlementfunding.com or call the company's toll free hotline at 877.571.0405. Legal-Bay's non-recourse pre-settlement funding programs are not a lawsuit funding loan, lawsuit loans, presettlement loan, presettlement loans, pre-settlement loan, or pre-settlement loans as many clients may think. Pre-settlement funding is merely an immediate cash allowance given in advance of a plaintiff's impending monetary award. The cash advance is risk-free, as the money does not need to be repaid should the recipient lose their case. To apply right now, please go to the company's website at: http://lawsuitssettlementfunding.com or call the company toll-free at: 877.571.0405 where agents are standing by. Contact: Chris Janish, CEO
Email:  info@Legal-Bay.com 
Ph.: 877.571.0405 SOURCE Legal-Bay

Related Links

http://lawsuitssettlementfunding.com
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Sparkle Capital Announces New Funding Product, Flexible Disbursement Funding

By John Freund |
Sparkle Capital are pleased to announce their new funding product, Flexible Disbursement Funding. The product fills a gap in the funding market, providing the flexibility claimants need to cover a range of disbursements. The product will join their current range, alongside 1&20 and Fixed Interest Release Funding. Flexible Disbursement Funding (FDF) is Sparkle Capital’s latest funding product, which is designed to provide specific disbursement funding at fixed rates of interest. It is aimed at funding disbursements such as counsel fees, court / hearing fees and reports. However, due to the flexibility of the product, it can be tailored to any specific funding requirement that may arise. Sparkle Capital provide a range of funding solutions for claimants. They can fund up to £10 million in claims value, however, focus on the sub £5 million claims. Sparkle Capital have few of the restrictions and limitations that most funders have. For more information, please see http://www.sparklecapital.co.uk/. Tets Ishikawa, Acasta Director and Senior Adviser at Sparkle Capital, says: “As a privately owned and funded company, Sparkle Capital is able to act without the restrictions and limitations that many other funders face. Throughout 2018, we saw a significant increase in the number of requests to fund specific risks at competitive rates - a cry from the market for a dedicated product. The litigation funding market is moving away from finding risks that fit the product requirements of the funder, and moving towards a model where funding products can be tailored to the requirements of any given legal matter. Flexible Disbursement Funding embraces this evolution and is making litigation funding more accessible to the cases that require it the most. " Paul Gibson, Head of Legal at Acasta, added: “Acasta and Sparkle have always taken a sensible and pragmatic approach to underwriting cases - an approach that strikes a real chord with law firms. FDF is a reflection of this - a product designed to understand what the real risks and needs are in a particular legal matter, and marry those with our competitive pricing and our ability to design and tailor innovative funding solutions. As a practising solicitor for many years, I believe this is the only way the market can evolve further." Sparkle Capital is administered by Acasta Europe Limited, a provider of legal expenses insurance. Acasta provide After the Event products for a range of claims, including commercial, insolvency and clinical negligence cases.  For more information, please see https://www.acastaeurope.co.uk/. If you are interested in Flexible Disbursement Funding, or any of Sparkle Capital’s other products, you can contact info@sparklecapital.co.uk, where one of our team will be able to help. For further press enquiries, please contact Ellie Bower or Elizabeth Cawley on  marketing@acastaeurope.co.uk or 0161 495 6004.
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Litigation Capital Management Announces New Litigation Project

By John Freund |
Litigation Capital Management Limited (AIM:LIT) (LCM), a leading international provider of litigation financing solutions, today announces that it has entered into an agreement to provide litigation finance in relation to proceedings which are currently being undertaken in Australasia. These proceedings relate to a commercial dispute regarding the division of significant global assets, which are currently owned by a partnership. The project has a capital commitment to be provided by LCM of A$5.5 million. The terms of the funding agreement are subject to confidentiality between the parties involved and are therefore undisclosed. LCM is managing a portfolio of 17 projects (unconditionally financed), including the project announced today. Patrick Moloney, CEO of LCM, said: “This investment is a further example of LCM diversifying its portfolio of litigation finance projects across industry sector and capital commitment size, ensuring that the company’s investments and potential returns are uncorrelated. Following the recent expansion of LCM into the UK and Europe we expect to see further future diversification in our portfolio of projects both by geographic location and jurisdiction.” Litigation Capital Management Patrick Moloney, Chief Executive Officer Nick Rowles-Davies, Executive Director Canaccord (Nomad and Broker) Tel: 020 7523 8000 Sunil Duggal / Emma Gabriel / Michael Reynolds Hawthorn Advisors lcm@hawthornadvisors.com Lorna Cobbett / Ryan Smith Tel: 020 3745 4960 About LCM Litigation Capital Management (“LCM”) is a leading international provider of litigation financing solutions. This includes single-case and portfolio; across class actions, commercial claims, claims arising out of insolvency and international arbitration. LCM has an unparalleled track record, driven by effective project selection, active project management and robust risk management. Headquartered in Sydney, with offices in London, Singapore, Brisbane and Melbourne, LCM has been listed on AIM since December 2018, trading under the ticker LIT. www.lcmfinance.com
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RD Legal Names Amy Hirsch As Portfolio Manager, Expands Data Analytics

By John Freund |
CRESSKILL, N.J.Jan. 10, 2019 /PRNewswire/ -- RD Legal, a leading investment management firm focused on post-settlement litigation finance, said today that it has named Amy B. Hirsch to the additional role of Portfolio Manager for the firm's strategies.  Ms. Hirsch joined RD Legal in 2016 as Co-Chief Investment Officer and Chief Operating Officer. RD Legal also announced that it is expanding its data analytics and engineering functions under Dr. Joanne Chen, Chief Analytics Officer since joining the firm in 2016. Dr. Chen has designed a proprietary methodology for analyzing litigation data. The moves come as the litigation finance sector sees explosive growth. According to a recent report, litigation finance is now as much as a $100 billion market from its earliest beginnings in the 1990s.  Declining returns in traditional investments and a high level of litigation cases are factors behind this growth. "We are delighted to recognize Amy's growing role at RD Legal and to continue to invest in our data and market intelligence technology that enhances our ability to acquire known cashflows linked to settled litigation," said Roni Dersovitz, Founder & CEO. "The growth of RD Legal and of the litigation finance sector comes as institutional investors of all sizes recognize and value the asset class for offering attractive, uncorrelated returns." Amy Hirsch Named to Portfolio Manager In her expanded role, Ms. Hirsch will have day-to-day oversight on all aspects of the firm's onshore strategies including asset allocation, new investments and risk management. Ms. Hirsch oversees RD Legal's operations. Prior to joining full-time, she was an advisor to the firm. Ms. Hirsch also serves as CEO of Paradigm Consulting Services, which provides litigation related expert witness support in the alternative investment space.  Ms. Hirsch has nearly four decades of experience in alternative investments and hedge funds including asset management, due diligence, marketing, and operations. Expanded Data Analytics for RD Legal
Dr. Chen directs the RD Legal data science group, which is aggressively expanding the analytic and data capabilities of the firm. Dr. Chen has helped create a proprietary methodology for analyzing litigation data. Using technology that has never been applied in this way before, Dr. Chen and her group are able to process the large amount of data that is required to source, screen, and analyze litigation finance opportunities. Ms. Chen is responsible for leading the engineering and data analytics function of the RD Legal companies. Prior to joining the firm, Ms. Chen was Vice President of Data Science at Truveris, Inc., a healthcare SaaS company where she was responsible for data science and product development. About RD Legal  RD Legal was born out of the real-world experiences of former litigators. As many practicing plaintiff's attorneys can relate, one of the hardest problems when managing a case is managing related cashflow needs. RD Legal is based in Bergen County, NJ, and was conceived and founded by Roni Dersovitz, a former personal injury attorney who recognized the challenge attorneys and plaintiffs face with cashflow management. Founded in 1998, RD Legal factors legal receivables and continues to innovate and structure unique opportunities for the legal and investment communities. CONTACT: Matt Yemma 
Peaks Strategies 
909-633-9396 
myemma@PeaksStrategies.com SOURCE RD Legal
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Sisvel And RPX Conclude Licensing Agreement For Wi-Fi Standard Essential Patents

By John Freund |
LUXEMBOURG and SAN FRANCISCOJan. 10, 2019 /PRNewswire/ -- Sisvel International S.A. ("Sisvel") and RPX Corporation ("RPX") today announced that they have entered into a multi-faceted agreement that provides a license to a subset of RPX clients covering more than 500 patents that make up the Sisvel Wi-Fi Joint Licensing Program. The Sisvel Wi-Fi Joint Licensing program is a solution designed to license standard essential patents (SEPs) for Wi-Fi enabled devices under fair, reasonable, and non-discriminatory terms and conditions (FRAND). In addition to the assets in the Sisvel Wi-Fi Licensing Program, Sisvel has also licensed the subset of RPX members to approximately 200 non-essential Wi-Fi assets, owned by Sisvel's subsidiary, Hera Wireless S.A. In this transaction, Sisvel, a patent aggregator that brings together world-class patents from leading innovators, and RPX, an aggregator that constructs creative licensing solutions that enable its equally innovative clients to avoid or resolve patent disputes, came together to conclude a highly-efficient transaction that benefits the entire market. This transaction both provides adequate returns for innovators and simple, effective, and cost-efficient access to IP rights for the implementers. This is the first time that RPX has concluded a risk clearance patent transaction with a patent pool administrator. The patents in the transaction are owned by Orange S.A., Fraunhofer IIS, Koninklijke KPN N.V., Columbia University, Hera Wireless S.A., Enact IP S.A., Aegis 11 S.A. In addition to the existing patent owners, Mitsubishi Electric Corp. joined this transaction and will now become a patent owner in the Sisvel Wi-Fi Joint Licensing Program. "This is a great example of how aggregators can find ways to work together to generate benefits for the whole technology ecosystem," said Mattia Fogliacco, CEO of Sisvel. "Through this single transaction we are able to grant easy access to important technology and, at the same time, generate a fair return for the innovators. This one deal generates several benefits, including more clarity for the market and lower transaction costs." "Both RPX and Sisvel represent the interests of a wide group of clients from a variety of industries. This transaction clearly demonstrates the efficiencies of bringing companies together to create a powerful result that balances the interests of patent owners and companies that implement SEPs in their products," said RPX Chief Executive Officer Dan McCurdy. "By acknowledging a shared interest and collectively combining knowledge and resources, companies achieve more effective results at a lower cost than would be possible individually." About RPX
RPX Corporation is the leading provider of patent risk and discovery management solutions. Since its founding in 2008, RPX has introduced efficiency to the patent market by providing a rational alternative to litigation. The San Francisco-based company's pioneering approach combines principal capital, deep patent expertise, and client contributions to generate enhanced patent buying power. By acquiring patents and patent rights, RPX helps to mitigate and manage patent risk for its growing client network. As of December 31, 2018, RPX had invested over $2.4 billion to acquire more than 43,000 US and international patent assets and rights on behalf of approximately 320 clients in eight key sectors: automotive, consumer electronics and PCs, E-commerce and software, financial services, media content and distribution, mobile communications and devices, networking, and semiconductors. About Sisvel
Sisvel International S.A.is the holding company of the Sisvel Group. Sisvel is a world leader in managing intellectual property and maximizing the value of patent rights. Founded in 1982, the Sisvel Group is global in scope and reach, with companies in Italythe United StatesHong KongJapanGermanyLuxembourg, and the United Kingdom, leveraging on professionals with technical, legal, and licensing expertise. Sisvel has a long history of managing successful patent portfolios including those related to the audio compression standards known as MP3 and MPEG Audio. Sisvel currently operates patent pools and joint licensing programs for the DVB-T2, DVB-S2X, MCP, LTE/LTE-A, 3G, Wi-Fi and Recommendation Engine, together with its Sisvel Wireless licensing program and DSL licensing program. For additional information, please visit: www.sisvel.com. Media Contact: 
Jen Costa 
RPX Corporation 
+1.415.852.3180 
media@rpxcorp.com SOURCE RPX Corporation

Related Links

http://www.rpxcorp.com
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Ex-Litigator Discusses Transition from Big Law to Litigation Funding

By John Freund |
Three years ago, Marla Decker was a Senior Associate at Cleary Gottlieb. She left that enviable position to undertake the risk of becoming the first full-time employee at Lake Whillans, an upstart US-based litigation funder. Today, Lake Whillans is one of the premier funding entities in the nation, having recently raised $125MM and being named one of the top four funders by Chambers and Partners. Decker discussed her transition into the brave new world of litigation funding, and what other attorneys can expect should they opt to make a similar move. According to Above the Law, Decker explains that when it came to her Big Law career, the thing she misses most is the adrenaline rush of having just one moment to get it right when in court or deposition. That said, she finds litigation finance to be a more intellectually challenging venture on a consistent basis, due mainly to the scope and breadth of cases she covers as a funder. Decker explains that even though she had a broad practice at Cleary Gottlieb, litigation funding provides so much more diversity. From pharmaceutical-licensing disputes to claims over supply-chain logistics, Decker's days evaluating funding opportunities are never the same. Decker credits her operational skill set from her litigation days with helping her in her new career. She understands the pacing of a case, where parties gain and lose leverage, and which issues tend to be of greater significance. Those are all valuable skills to own when evaluating cases for funding. Decker also credits her client management skills which allow her to liaise with claim holders in meaningful ways. In a sense, the claim holders are to funders what clients are to lawyers: people who need a solution to their problem, and require a certain level of communication and trust. When discussing Lake Whillans' diligence process, Decker outlines a principle phone call to assess whether the case is the right fit, followed by a internal call with the entire Lake Whillans team to discuss the case in greater depth (pursuant to a signed NDA, of course), which is then followed by the issuance of a term sheet. The funder wants to settle on terms first, so they don't conduct unnecessary diligence in case the parties cannot come to an agreement on terms. After that it's your standard DD, with some added discussion over expected timeframe and enforceability of an award thrown in. Decker noted that she performed her own diligence on the funding industry, but has grown surprised by the rapid shifts and evolution of the broader industry during her three-year tenure with Lake Whillans. The transition to portfolio financing, added-interest from large corporations thanks to budgetary pressure and increased awareness of the product, the rise in demand for funding in international arbitration matters, and the ever-increasing volume leads have all been pleasant surprised for Decker. In terms of advice for litigators looking to make the same move she did, Decker advises doing your homework on which funders are out there hiring, expanding and raising money. Understand the focal points of each funder (for example, Lake Whillans doesn't handle patent law, which many funders tend to focus on primarily). It helps to maintain a broad practice where you are exposed to as many different types of cases as possible. And of course, if you'd pursued or acquired funding in the past, that is also a bonus.

YieldStreet’s Unprecedented Growth Generates Over $48MM of Interest for Investors upon Crossing $560MM Invested on Platform

By John Freund |
NEW YORK--(BUSINESS WIRE)--Jan 9, 2019--YieldStreet, a digital wealth management platform that is working to change the way that wealth is created, has become the first multi-asset platform to cross over $560MM invested since inception. “We are delivering on our mission of prosperity for all, I’m proud we have now generated more than $48M of earned interest for our investor base that they would have never had access to before” said Milind Mehere, Founder and CEO of YieldStreet, “we are excited to be taking our mission to the next level with the release of our YieldStreet Wallet product that is available to everyone on the platform.” Accredited and retail investors can now earn 2% annually on any cash held in YieldStreet Wallet. YieldStreet Wallet provides daily interest payments where funds are FDIC insured with no minimum balance requirements.* The new product was born out of investor requests to keep funds within the YieldStreet ecosystem where they can earn interest on their idle cash, a complementary product to current investment offerings. “Our offerings within Marine Finance, Legal, Real Estate and Commercial Finance have led us to the $560MM invested milestone. As we continue to grow, we plan to build multibillion-dollar asset class verticals for our investor community using data science and bringing on sector experts to deepen our competencies,” said Michael Weisz, Founder and President of YieldStreet. “This marks an important point for the company as YieldStreet is expanding quickly while maintaining prudent risk management and more than 400% year-over-year revenue growth.” To further company growth, YieldStreet has also brought on three senior additions to the team. Stefanos Fragos  joins as Senior Representative Greece Office and Senior Credit Officer of YieldStreet’s Marine Finance office in Athens, Greece where he will lead underwriting for the Marine asset class. Fragos brings more than 16 years of experience in senior positions at DVB Bank SE, and more than $800M of shipping transactions.  Mitch Rosen  joins as Head of YieldStreet’s Real Estate division where he will lead underwriting for the asset class. His commercial real estate and credit underwriting experience across senior roles at Brigade Capital and Marathon asset management will allow him to make an immediate impact on growth. Jimmy Pandh i joins YieldStreet as Head of Strategic Finance where he will lead strategic projects and M&A activity. Pandhi previously held various finance leadership positions at Fortress Investment Group, Evercore Partners and New York Life. He has been involved in nearly $2BN of acquisitions and integrations and was an integral part of a $6BN IPO. *Funds are held at Evolve bank and trust, an unaffiliated third party bank. About YieldStreet YieldStreet is changing the way wealth is created, providing access to asset based investments historically unavailable to most investors. YieldStreet allows you to participate in opportunities with low stock market correlation and target yields of 8-20%, across litigation finance, real estate, marine and other alternative asset classes. We believe our technology platform creates a unique experience for investors at every level and provides valuable diversification and strength to most portfolios. Get started at  www.yieldstreet.com. View source version on businesswire.com:https://www.businesswire.com/news/home/20190109005247/en/ CONTACT: YieldStreet Liang Zhao, 505-720-6933 Liang@bevelpr.com SOURCE: YieldStreet
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In-House Counsel Discusses Value of Litigation Funding

By John Freund |
Nancy Saltzman, former Executive Vice President, Chief Compliance Officer and General Counsel to NY-based operations management and analytics firm EXL Group, discussed the value of litigation finance to corporations, and how the instrument is influencing corporate legal spend. Saltzman sat down with Above the Law to discuss some key issues relating to litigation finance. According to Saltzman, one of the core information gaps between law firms and corporate legal departments is that law firm simply don't understand the cost pressures that corporations are under. She finds law firms too theoretical, and claims that approach ends up costing corporations time and money. Saltzman laments that while winning is the goal to a law firm, it isn't everything to a corporation - keeping costs down is of paramount concern. When asked if legal departments should be viewed as cost or revenue centers, Saltzman argues that corporates should never view their legal departments as revenue centers. That said, when the opportunity to generate presents itself, corporates should proactively seize it - and use all tools at their disposal to do so. "It’s about improving the time to revenue for what you’re producing," Saltzman says. Saltzman isn't the first in-house counsel to balk at the notion of transforming the legal department from a cost center into a profit center. However, the fact that she is willing to proactively seize opportunities to generate revenue speaks volumes about the slow penetration of litigation finance into the corporate legal world.

What to Expect from International Arbitration in the UK, EU and Globally in 2019

By John Freund |
Global litigation finance and international arbitration are inextricably linked - with the former being legalized for use in the latter in both Singapore and Hong Kong (many believe as a test case for eventual broader expansion). With that in mind, it's worth considering what lies ahead for the international arbitration sector. Read on to find out-- According to Lexology, there are some major issues to pay attention to with regard to international arbitration in 2019. First and foremost on the list is Brexit. While there's no telling when it comes to politics, Brexit is indeed expected to take place this year. London-based Clyde and Co. sees Brexit having a negligible, or potentially even positive effect on the state of international arbitration in London long-term. That said, in the short term, parties may turn to New York to eschew any bureaucratic nightmares that may arise from the Brexit wind-up. Anti-globalization is another trend worth watching out for. Nationalistic political shifts may prompt increased arbitration between investors and states. And with traditional investor-state dispute mechanisms like the ICSID losing a bit of steam internationally (thanks in part to the EUs proposed Multilateral Investment Court), there is much to watch out for on this front. Litigation funders have also ramped up their participation in investor-state disputes, as LFJ recently reported. No mention of global arbitration trends in 2019 would be complete without some discussion of Belt and Road (BRI). BRI is arguably the largest single investment ever made (Noah's Arc? The Pyramids?) Given the sheer size and scale of the BRI project, it stands to reason that dispute resolution centers in the region are going to be kept busy for some time. Throw into the mix the fact that Chinese culture encourages mediation and settlement as opposed to litigation, and arbitrators (and funders) have a lot to get excited about. And finally, it's worth putting London Disputes Week on your 2019 calendar. The event will be held from May 7-10, and will showcase prominent lawyers, judges, arbitrators, academics in the field of dispute resolution. You can bet all of the above will be discussed, as well as any international arbitration topics that happen to be trending during the event.

LCM Continues Expansion With New Hire

By John Freund |

SYDNEY, 9th January 2019: Litigation Capital Management (“LCM”), a leading international provider of litigation financing solutions, today announces the appointment of Philip Lomax as an Investment Manager in the company’s Sydney office. This continues LCM’s recent expansion following the launch of offices in London and Singapore in November 2018.

Philip is an England and Wales qualified lawyer and has worked in litigation and arbitration funding since 2015. Prior to joining LCM, Philip was an Investment Manager with another global litigation financier in London and Sydney, funding a range of cases across multiple jurisdictions.

Previously, Philip worked in private practice for Elborne Mitchell LLP, where he was a member of the commercial litigation and arbitration team, with a focus on general commercial and shipping disputes.  Philip holds a law degree from the University of Sussex, where he graduated with first class honours.

Patrick Moloney, Chief Executive Officer of LCM, said: “We are pleased to welcome Philip as the latest addition to the APAC team at LCM. Not only does Philip bring direct experience in litigation funding, but his international experience will bolster our growing global capability.”

About Litigation Capital Management (LCM)

Litigation Capital Management ("LCM") is a leading international provider of litigation financing solutions. This includes single-case and portfolio; across class actions, commercial claims, claims arising out of insolvency and international arbitration. LCM has an unparalleled track record, driven by effective project selection, active project management and robust risk management. Headquartered in Sydney, with offices in London, Singapore, Brisbane and Melbourne, LCM has been listed on AIM (part of the London Stock Exchange) since December 2018, trading under the ticker LIT. www.lcmfinance.com

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The CFPBs Wild Year, and What to Expect for the Year Ahead

By John Freund |
The Consumer Financial Protection Bureau (CFPB) was established under President Obama to enforce consumer protections and regulate lenders and investment entities who may cause harm to both customers and society at large. But 2018 may have been a turning point for the organization, which experienced not one but two new directors, a brief and odd flirtation with a name change, and a challenge to its very constitutionality by Consumer Legal Funder, RD Legal. As reported in Manatt, 2018 was not necessarily a great year for the CFPB. Acting director Mick Mulvaney took over the organization in late 2017 after Obama appointee Richard Cordray stepped down from his post. Mulvaney had long-criticized the broad overreach enacted by Cordray's CFPB, and his first major act as director was to place all enforcement actions on hold while they underwent an internal review. Mulvaney also requested zero dollars from the Trump Administration for the bureau's activities budget. Certainly no one can question Mulvaney's commitment to scaling back operations! One of Mulvaney's odder moments as acting director was his flirtation with a name change, from CFPB to BCFP (say that five times fast). BCFP stands for Bureau of Consumer Financial Protection, which of course is very different from the Consumer Financial Protection Bureau. The name change was ultimately scrapped, but many accused Mulvaney of creating an unnecessary distraction for the organization, in order to avoid doing any real regulating (which he is clearly opposed to). The most notable incident involving the CFPB in 2018 - at least as far as LFJ is concerned - came amidst the CPFBs joint claim with the New York Attorney General's Office (NYAG) against Consumer Legal Funder, RD Legal. The CFPB and NYAG accused RD Legal of defrauding 9/11 victims and ex-NFL players by using predatory lending tactics. For its part, RD Legal counters that its financing should be classified as an investment, not a loan (this is an ongoing debate in the Consumer Legal Funding world). However, quite interestingly, RD Legal filed a motion for dismissal based on the argument that the CFPB is by nature unconstitutional, given that the agency is led by a single director with the power to be fired by the President of the United States. That creates an inherent conflict, according to RD's motion. Federal Judge Loretta Preska agreed, echoing an earlier ruling by a three-judge panel (one of those judges was the soon-to-be-elected Supreme Court Justice Brett Kavanaugh). Judge Preska dropped the CFPB from the suit, and eventually did the same with the NYAG. The CFPB is currently appealing Judge Preska's decision. So it goes without saying that a lot hangs in the balance in terms of the CFPBs very constitutionality, and its ability to bring cases against alleged offenders. Eventually, Kathy Kraninger was appointed as Mulvanye's successor to the CFPB. That sets up some expectations for the year ahead. While Kraninger did work under Mulvaney at the Office of Management and Budget, she isn't expected to be as steadfast in her opposition to the organization she now runs. That said, she's not expected to be anywhere near the aggressive attack dog that former director Cordray has been characterized as (by both his supporters and detractors). It is expected that  Kraninger will carve out a middle path between the two. That is assuming, of course, that the very constitutionality of the CFPB is upheld, and the organization continues to function. However, it's also worth noting that with the Democrats taking over the House of Representatives, Rep. Maxine Waters is the odds-on-favorite to lead the House Financial Services Committee. With a presidential election looming in 2020, expect some back-and-forth (to put it lightly) between Rep. Waters and director Kraninger. To sum it all up, 2018 was a year of fireworks for the CFPB. Don't expect as much headline entertainment in 2019, but a few big bangs wouldn't surprise us.

Cadence Launches The First-Of-Its-Kind Tokenized Debt Security

By John Freund |
NEW YORKJan. 2, 2019 /PRNewswire/ -- Cadence, the leading investment platform for digital debt securities, has successfully funded and issued the first-ever tokenized fixed income product. This inaugural issuance is in partnership with a marketplace lender extending working capital to e-commerce merchants. "We are structuring private, bespoke debt opportunities supported by diverse cash flows from alternative assets," says Nelson Chu, CEO of Cadence. "Digitization of debt is optimal because we can easily standardize and reuse the smart contract templates for each structured debt offering we tokenize. This cuts down on back office costs and lets us pass on these savings in the form of higher yields for our investors." This marks a first for digital assets. Security tokens have been created for equity ownership in real estate and small businesses, but never for conventional debt instruments. The ability to use distributed ledger technology to unlock assets that were once exclusively reserved for institutions is a major step forward for the industry. Cadence facilitates competitive debt financing options for originators by providing them access to a wider array of investors seeking attractive fixed-income returns. Cadence plans to expand its offerings to include a variety of other private debt opportunities in the coming months. The company will be sourcing deals from originators that specialize in invoice factoring, term loans, litigation financing, and many more. "The originators we partner with are interested in Cadence because we provide them attractive capital at lower fees on a deal-by-deal basis," says Jane Yang, Director of Strategy at Cadence. "Originators use Cadence to digitize and securitize their assets, syndicating the investments to our network of investors and securing the capital they need to grow." The company will be releasing additional offerings onto the platform as part of its private beta. Investors can sign up today to join the private beta on their website by visiting http://withcadence.io/sign-up/. About Cadence
Cadence digitizes private debt securities to offer attractive returns for investors at any size. Cadence is using distributed ledger technology to bring transparency, efficiency, and liquidity to private capital markets. The company was founded by Nelson Chu and Jane Yang in 2018. Contact
Lucia Liu
Cadence Group, Inc.
646.876.5141
lucia@withcadence.io SOURCE Cadence

Related Links

http://withcadence.io/
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Looking Ahead in 2019

By John Freund |
The following post was written by Eric Schuller, President of the Alliance for Responsible Consumer Legal Funding (ARC). As the 2019 Legislative Session begins, we want to take a look at what is the best way to regulate Consumer Legal Funding. Over the past few years, the states have introduced several pieces of legislation with the aim of regulating Consumer Legal Funding. Rather than simply introduce capricious regulations, legislators should familiarize themselves both with the product, and the consumers who need it, before making rash decisions that will impact their constituents for life. For example, according to CNBC, 78% of full-time workers said they live paycheck to paycheck, up from 75% last year. In addition, 56% of those polled said they were in over their heads with debt and save less than $100 per month for emergencies. Even for those making over $100,000, nearly 10% live paycheck to paycheck, and 59% in that salary range claim to be in the red. That is why Consumer Legal Funding is so important. When an unexpected tragedy hits, and consumers lack the financial resources to make ends meet while their claim is dragging out, Consumer Legal makes its way through the legal process. Consumer Legal Funding assists consumers like Jack Daniels from Phoenix, who stated: My budget was already tight, and the injury made things much worse.” Consumer Legal Funding allows consumers like Jack to receive the fair and just settlement they deserve, as opposed to one they are forced to accept just because they are living paycheck to paycheck. ARC supports proper regulation of the industry like those that have been enacted in Ohio, Maine, Vermont, Oklahoma and Nebraska. What we unequivocally do not support are severe restrictions that have been imposed on the industry, which prohibit the product from being offered. For example, in Arkansas, Consumer Legal Funding is no longer available because of the restrictions that were imposed by the Arkansas legislature in 2015. We welcome any and all legislators to reach out to us to help properly regulate this important product that allows consumers to keep a roof over their heads and food on the table while their legal claim is in process. As Cathy from Hannibal, Missouri states, “[Consumer Legal Funding] kept me from being homeless.” Eric Schuller President Alliance for Responsible Consumer Legal Funding
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Are Corporations on the Cusp of Legal Innovation?

By John Freund |
Legal departments aren't typically beholden to the same productivity requirements as the rest of a corporation's business functions. However that paradigm is slowly shifting. Since the Great Recession, corporations have been more proactive in reshaping their legal departments from cost centers to value generators, and one of the most useful tools at their disposal is litigation finance. As reported in Chief Executive, in the wake of the Great Recession, CEOs and GCs began scaling back on the expensive hourly billing model in an effort to cut costs. As a result, in-house legal departments grew, as corporates began to rely more heavily on their own attorneys for routine work. According to a survey by the Corporate Legal Operations Consortium, corporations with $10B or more in revenue maintain an average of nearly 300 full-time legal department employees. As the cost-cutting trend escalated, it wasn't long before GCs began to see their legal departments as a potential means for generating revenue. In a now-famous 2010 report, Dupont General Counsel Thomas Sager claimed that revenue generation is “our job as lawyers within the company.” It's small wonder, then, that GCs are beginning to reach out to litigation funders in growing numbers. According to the Law Gazette, as funders' costs of capital decreases, in-house counsel's interest is rising in tandem. "Inevitably in-house lawyers and an increasing number of chief financial officers and financial directors within businesses are discussing funding directly with us," said Rosemary Ioannou, managing director at Vannin Capital. "This is only going to increase, and the number of funding opportunities coming directly from businesses to funders is likely to rise exponentially." Burford managing director Craig Arnott concurs: "We expect there to be a growth in corporate interest in funding, as GCs continue to proactively embrace litigation finance as a go-to tool to manage risk and cost, as well as to reduce the uncertainty around litigation budgets. We expect a number of corporates to look to the use of portfolio-based litigation finance, to not only provide an assurance about the reliability of capital sources, but also to be offered better terms."

Litigation Funders Are Pursuing Claims in Spain and Portugal

By John Freund |
It's no secret that funders are pursuing cases globally. And with so many large, multi-national funders based in the UK, it stands to reason that claims in the EU are being pursued aggressively. We've previously reported on funding pursuits in civil law jurisdictions, including the EU. Now it seems the Iberian Peninsula - that is Spain and Portugal - are fast becoming a new litigation funding hotspot. As reported in Mondaq, the number of funders pursuing cases in Spain and Portugal has increased recently. Burford Capital, Augusta Ventures, and Harbour Litigation Funding are just some of the big-time players that have encroached on the Iberian market. "There is a lot of appetite in the market, both for the funding of arbitration cases and the purchase of claims and arbitration awards," says Antonio Vázquez-Guillén, co-managing partner of Allen & Overy in Spain. And according to Vázquez-Guillén, it's not merely impecunious clients who seek funding. "Many clients seeking third-party funding are Fortune 500 companies, which certainly do not lack funds," he says. "However, they prefer to invest in other projects, and delegate disputes for this reason." Ramón Fernández-Aceytuno, partner at Ramón y Cajal Abogados, points to the expertise that funders maintain when it comes to selecting the most meritorious cases, as well as enforce collection, for their ability to add value in the space. "Many corporates have doubtful (non-performing) assets, but fail to start recovery action. Third-party funders are less hesitant, as they rely on extensive networks of legal advisers which make a successful outcome more likely." Interest in the Iberian Peninsula isn't just stemming from UK and US-based funders. EU and South America-based funders are also engaging the local market. "We have been approached by international funds based in France, and also by a Brazilian firm and a group incorporated in Portugal, although its funds originated in the UK," says Nuno Líbano Monteiro, partner at PLMJ. Some funders are seeking insolvency cases worth at least €1 billion, though such claims are rare. Instead, many are opting to fund financial services claims, given the high likelihood of collection. Investment arbitration claims are also drawing significant interest, due to the potential for outsized returns. According to Rita Gouveia, partner at Cuatrecasas in Portugal, the main challenge for funders isn't coming up with the capital - that they have in spades - but finding suitable cases to invest in. "As third-party funders usually do not invest in cases below a certain threshold, the challenge is to find litigation cases sufficiently attractive to be funded."