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Hedge Funds Showing Increased Interest in Litigation Claims

January 15, 2019

Hedge Funds Showing Increased Interest in Litigation Claims

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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Case Developments Commercial

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.

Case Developments Commercial

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.

Announcements Commercial

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.