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Community Spotlight: Andi Mandell, Partner and Co-Head of Schulte Roth & Zabel’s Tax Group

By John Freund |

Community Spotlight: Andi Mandell, Partner and Co-Head of Schulte Roth & Zabel’s Tax Group

Andi Mandell is a partner and co-head of Schulte Roth & Zabel’s Tax Group, where she advises on the tax aspects relating to structured finance, securitization and fund formation. Her practice is focused on esoteric assets, including litigation funding, structured settlements, lottery receivables, secured and unsecured consumer loans and timeshare loans.

Andi has over 30 years of experience providing skilled tax advice to the securitization industry. In addition to her work in the esoteric space, Andi is recognized as an authority in the securitization of residential and commercial mortgage-backed securities and real estate structured finance, including the structuring of REO-to-rental financings, servicer advance facilities, debt re-packaging, securitization of non-performing and re-performing mortgage loans, re-securitizations, distressed asset funds and MSR purchases and sales.

Andi works with other industry leaders who are shaping the securitization industry as a member of the Board of Directors of the Structured Finance Association (SFA), and is serving her fifth year as the co-chair of the Tax Policy Committee.

Company Name and Description: With a firm focus on private capital, Schulte Roth & Zabel LLP is comprised of legal advisers and commercial problem-solvers who combine exceptional experience, industry insight, integrated intelligence and commercial creativity to help clients raise and invest assets and protect and expand their businesses. The firm has offices in New York, Washington, DC and London, and advises clients on investment management, corporate and transactional matters, and provides counsel on securities regulatory compliance, enforcement and investigative issues.    

Company Website: https://www.srz.com/

Year Founded: 1969  

Headquarters: New York, New York, U.S.A.  

Area of Focus: Tax, Finance, Structured Finance  

Member Quote: “Navigating the intricacies of litigation funding requires a deep understanding of both the financial and the legal landscape. As a tax lawyer, my role is to ensure that funding arrangements are properly structured to allow a broad range of investors to participate as funders in this asset class in a tax efficient manner. Litigation funding presents unique tax challenges to non-US investors and tax exempts and having the tax expertise to help guide our clients allows for greater participation in this space.”

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John Freund

John Freund

Commercial

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Deloitte and Grant Thornton Sued in France Over Atos Accounts in Funded Shareholder Claim

By John Freund |

In what is being described as an unprecedented action in French corporate law, nearly 800 shareholders have filed a civil liability claim against Deloitte & Associes and Grant Thornton, the former statutory auditors of Atos, the once-prominent French IT services company and former CAC 40 constituent.

As reported by Atos Audit Action, the claim targets the auditors for allegedly certifying consolidated financial statements that did not reflect the true financial and asset position of the Atos group across six consecutive fiscal years. Shareholders who purchased Atos shares between February 2018 and March 2024 are eligible to participate. The case has been filed with the Nanterre Commercial Court.

The plaintiffs, represented by law firm Vermeille & Co and supported by the Union for the Protection of Shareholders (UPRA), accuse the auditors of approving accounts containing overvalued assets, overly optimistic revenue recognition, and insufficiently provisioned risks. They further allege that the auditors failed to issue going concern warnings despite the company's deteriorating finances, which they argue had been compromised since the early 2020s. Atos shares collapsed from approximately 70 euros in April 2021 to under one euro by April 2024.

The litigation is backed by an unnamed litigation fund that covers all procedural costs in exchange for a commission on any recovery. The case marks the first time in France that a civil liability action has been brought directly against the auditors of a listed company, potentially setting a precedent for future shareholder claims in the French market.

Which? Drops £480 Million Funded Class Action Against Qualcomm

By John Freund |

A £480 million collective proceedings claim against chipmaker Qualcomm has been withdrawn in full after the UK consumer group Which? reassessed its position following trial evidence. The settlement, which requires Competition Appeal Tribunal approval, involves no payment from Qualcomm.

As reported by Non-Billable, the litigation-funded claim was originally filed in 2021 under the UK's collective proceedings framework. Backed by litigation funder Augusta Ventures, Which? alleged that Qualcomm's overcharging at the manufacturer level inflated retail mobile phone prices for millions of consumers. Quinn Emanuel and Norton Rose Fulbright represented Qualcomm in the defense.

According to Quinn Emanuel's statement, the class representative concluded that the tribunal would reject allegations that Qualcomm coerced Apple, chipset manufacturers, or Samsung into unfair licensing terms. The firm's partners Miguel Rato and Marixenia Davilla led the defense alongside Norton Rose Fulbright's Caroline Thomas, Helen Fairhead, Nuala Canavan, and US partner Rich Zembek. Hausfeld, led by managing partner Nicola Boyle, represented Which? with counsel from Monckton Chambers.

The withdrawal underscores the ongoing challenges facing the UK's developing competition class action regime, which has faced uncertainty since the Supreme Court's 2023 PACCAR ruling on the enforceability of litigation funding agreements. For funders like Augusta Ventures, the outcome represents a significant loss on what was one of the higher-profile consumer class actions in the UK market.

Nera Capital Secures £50M Asset Mandate

By John Freund |

Nera Capital has strengthened its litigation finance platform with the onboarding of a new South America-based funding partner committing £50 million across litigation finance and legal assets. The mandate not only expands Nera’s available capital base but also sees the firm formally appointed as asset manager for the new funds, reinforcing its growing role as both originator and portfolio steward within the UK litigation market.

In a press release, Nera Capital announced that the £50 million commitment will be deployed across a range of UK-based claims, with the firm responsible for underwriting, structuring, capital deployment, and ongoing portfolio management. The capital will be allocated in line with Nera’s established investment criteria and risk management framework, targeting carefully selected legal assets. The funding partner, described as having an “extensive track record” in high-yielding special situations investments uncorrelated to traditional asset classes, brings prior experience in litigation finance across South America.

Robin Grant, CFO at Nera Capital, emphasized that the partnership aligns with the firm’s disciplined approach to litigation finance and enhances its ability to deliver attractive, risk-adjusted returns to investors. Aisling Byrne, Director at Nera Capital, highlighted the funder’s blend of financial and legal expertise, noting that the asset manager appointment reflects international confidence in Nera’s ability to identify viable claims and manage them through to resolution.

Established in 2011 and headquartered in Dublin, with offices in Manchester and Holland, Nera Capital provides law firm lending across consumer and commercial claim portfolios and is a member of the European Litigation Funders Association.