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Funders, Law Firms and Legal Marketers Eyeing Camp Lejeune Claims 

Many litigation funders are keeping a close watch on where the next source of mass class action claims could occur, with the potential to finance a large volume of cases and generate a lucrative return on investment. The Camp Lejeune tainted water scandal looks likely to become one of the largest sources of new claims, with law firms, legal marketers and financiers actively investing in traditional and social media marketing to engage with potential claimants. Reporting by Bloomberg Law details the immense advertising campaign that is taking place across the country to target those affected by water contamination Marine Corps Base Camp Lejeune in North Carolina, between 1953 and 1987. According to data shared by Bloomberg, advertising campaigns targeting the victims had reached over $145 million by the end of 2022, with more than $32 million spent on social media and online advertising alone. The momentum for these lawsuits has been supercharged by President Biden’s signing of the Camp Lejeune Justice Act of 2022 in August of last year, with Congress having allocated over $6 billion for payouts to claimants. Industry analysts and insiders suggest that these advertising campaigns reflect the increasingly attractive proposition of litigation financing, with Keller Postman CEO, Adam Gerchen, pointing to “innovations around digital marketing and origination, the technology to absorb that type of volume, and capital.”

Validity Finance Announces Promotions of Michelle Eber & Sarah Williams

Validity Finance is pleased to announce the promotion of Michelle Eber to Director of Patent Investments and Sarah Williams to Director of Underwriting, effective immediately.

Michelle Eber joined Validity's Houston office in January of 2022 from Baker Botts, where she spent more than 10 years as a patent and trade secret litigator, representing plaintiffs and defendants in the energy and technology sectors in high-stakes IP cases, including disputes involving oilfield technologies, telecommunications systems, data and video compression systems and computer hardware and software. Michelle has played a key role in sourcing and evaluating patent investments since joining the Validity team, and in her new role as Director of Patent Investments, will oversee the entirety of Validity's portfolio of patent investments. She will also continue to lead Validity's due diligence of new patent litigation opportunities, and the monitoring of funded patent cases.

Sarah Williams joined Validity's Houston office in November of 2020 from Kirkland & Ellis, where she had been a Partner in the litigation practice and successfully represented both plaintiffs and defendants in high-stakes, bet-the-company litigation across the country. Her broad experience in all aspects of complex commercial litigation includes energy, contract, fraud, antitrust, and bankruptcy-related disputes. Since joining the Validity team, Sarah has worked closely with clients, law firms, and the Validity team to develop innovative solutions to meet the legal finance funding needs of companies in Texas and beyond. As Director of Underwriting, Sarah will oversee Validity’s case underwriting and diligence, including developing and implementing new policies and procedures and ensuring consistent application of Validity’s robust underwriting standards across its portfolio.

"As we approach our fifth anniversary as a company, we are proud to have grown to be the largest private funder in the U.S., and to have a team that includes so many female leaders," says Managing Director & Senior Investment Officer Laina Hammond, who leads Validity's Houston office. "Michelle and Sarah have been a key part of Validity's growth in their time here. We are so thrilled to have them step into these new roles and have the opportunity to make an even greater impact on Validity's ability to serve the law firms and clients with which we partner."

About Validity

Validity is a leading commercial litigation finance company dedicated to fair funding practices that build trust. Validity’s mission is to make a meaningful difference in our clients’ experience of the legal system. We invest in commercial, patent, bankruptcy, and breach of contract litigation, as well as international arbitration. With decades of combined experience in funding, our team of trial-tested attorneys has invested over $370 million since 2018 across more than 70 matters and portfolios. Our management team has an over 85% success rate. Clients and law firms count on Validity for reliable capital, strategic help, and risk minimization. Our focus is fairness, innovation and clarity.

PREMIER LITIGATION FINANCE FIRM ROCADE LLC PARTNERS WITH BARINGS AND EJF CAPITAL

Rocade LLC (“Rocade” or the “Company”) today announced its launch as a specialty finance company focused on litigation finance with a long-term investment approach, in partnership with Barings LLC (“Barings”), one of the world’s leading investment managers.

Under the terms of the transaction, funds affiliated with Barings have made a significant equity investment into the Company. EJF Capital LLC (“EJF Capital”), which launched Rocade’s predecessor vehicle, Rocade Capital LLC in 2014 with a highly skilled management team, will support the platform and remain a material shareholder in the newly formed entity alongside management, which will transition to the Company.

Headquartered in the Washington, D.C. area, Rocade provides flexible law firm financing solutions, with facilities ranging in size from $10 million to over $100 million which are secured by contingent fees receivable or other litigation assets. Under this new organizational structure, Rocade will benefit from having a robust and patient capital base backed by Barings, enabling it to provide flexible, long-term capital solutions to growing law firms, while leveraging the team’s combination of deep sector expertise and financial structuring capabilities.

Brian Roth, Chief Executive Officer and Chief Investment Officer of Rocade, said, “Uniting with Barings in our vision for a permanent capital vehicle is an incredible milestone for Rocade, as this long-term investment horizon sets us apart and will meaningfully enhance our alignment with the firms in which we invest. The strength of our combined experience and expanded financial resources empowers us with scale and flexibility to continue our trajectory as a leading litigation credit provider in the rapidly evolving litigation finance industry.”

“We are thrilled to partner with Rocade to cement its status as a leading litigation finance provider,” said Bryan High, Head of Capital Solutions at Barings. “Brian and the outstanding team of professionals at Rocade have built a best-in-class, technology-enabled platform that meets the needs of many law firms as they navigate increasingly complex litigation. Rocade’s deep relationships, strong credit culture, and market-leading expertise powerfully complement Barings’ permanent capital base and long-term investment approach.”

“This expanded capital base allows us to scale our platform more quickly while maintaining our focus on asset quality,” added Jacob Cantrell, Chief Risk Officer of Rocade. “Our core team, process, and product will remain the same while we continue to invest in technology to improve our decision process and drive efficiency. Adding the strength, diversity, and scale of resources available across the Barings private credit team to these core strategies offers Rocade more long-term flexibility and reliability for our law firm partners.”

Emanuel Friedman, Co-Founder and Co-CEO of EJF Capital, commented, “We are pleased to participate in the continued success of Brian and his team, who have built a terrific platform that has differentiated itself through an institutional approach to a niche asset class and a data-driven process for understanding complex situations. I look forward to partnering with an innovative and dynamic capital partner in Barings, and I am confident that Rocade is well positioned for a highly successful next chapter with a renewed focus on becoming a dominant player in the space over the long-term.”

Fried, Frank, Harris, Shriver & Jacobson LLP served as legal advisor to EJF Capital. Dechert LLP served as legal advisor to Barings. Nixon Peabody LLP and Cooley LLP served as legal advisor to Rocade and management.

About Rocade

The Company, which operates as Rocade Capital, is a private credit firm which provides flexible growth capital for plaintiff law firms in order to finance case acquisition, manage working capital or realize settled cases.  Since Rocade’s predecessor was founded in 2014 by EJF Capital, the platform has funded approximately $900 million of loans to leading law firms within mass tort and other complex litigation, unlocking potential for dozens of growing law firms.  Its flexibility, industry expertise, track record and long-term focus position it to be a leading law firm lender.  Rocade has an experienced team of professionals, located in the Washington, DC area and Houston, TX, which includes both finance industry veterans as well as litigation experts. For more information, please visit https://rocadecapital.com/.

About Barings

Barings is a $347+ billion* global investment manager sourcing differentiated opportunities and building long-term portfolios across public and private fixed income, real estate, and specialist equity markets. With investment professionals based in North America, Europe and Asia Pacific, the firm, a subsidiary of MassMutual, aims to serve its clients, communities and employees, and is committed to sustainable practices and responsible investment.

*Assets under management as of December 31, 2022.

About EJF Capital

EJF Capital LLC is a global alternative asset management firm headquartered outside of Washington, D.C. with offices in London, England and Shanghai, China. EJF has over 70 employees, including a seasoned investment team of over 30 professionals. The firm was founded in 2005 by Manny Friedman and Neal Wilson. To learn more, please visit http://ejfcap.com.

Omni Bridgeway Emphasizes Funder Support for Judgement Enforcement

The mark of successful litigation is not limited to the simple terms of a favorable judgement or ruling, as plaintiffs must often measure their success by the ability to enforce a judgement and the collect on any award or damages that were ordered. However, enforcement is rarely a straightforward matter, and as litigation funders seek to provide added value to their clients, experience and expertise in judgement enforcement will be a valuable asset. In a new blog post by Omni Bridgeway, Gabe Bluestone and Jeff Newton emphasize that in the current economic climate, plaintiffs are likely to find it increasingly challenging to enforce judgements and secure the financial awards they are owed. In order to navigate these difficult circumstances, the authors argue that utilizing a funder with a dedicated enforcement team or even seeking specialist enforcement funding will be a useful tool for claimants dealing with resistant debtors. Bluestone and Newton state that while this should always be considered at the start of any litigation, enforcement expertise and specialist funding can be incredibly useful at any stage of the litigation process. This kind of support can range from enforcement planning that seeks to proactively prevent issues with collection, funding for plaintiffs that are in financial difficulty during the enforcement process, or insolvency funding where debtors take advantage of bankruptcy protections.

Lionfish’s Owner Replaces Chief Executive

As LFJ reported in December, the prominent UK funder Lionfish is facing a challenging road ahead as its owner, RBG Holdings, announced that it would be reviewing the strategy for its litigation finance arm. Outlined by reporting in City A.M., RBG recently announced the firing of chief executive Nicola Fouston, who is being replaced by chief operating officer, John Divers. RBG stated that it had fired Foulston due to “cultural concerns and the execution of the group’s strategy”, and that the board had “lost confidence” in her leadership. With the company’s share price continuing to suffer after this latest announcement, RBG has maintained that it would continue with a strategy to limit its exposure to funding commitments through Lionfish.

Omni Bridgeway continues US expansion with new operations in Miami and Chicago

Omni Bridgeway is delighted to announce the expansion of its operations into Chicago and Miami with the additions of investment managers and office heads, Maryanne Woo in Chicago and Lauren Alexander in Miami. We also welcome Enrique Molina, who joins Omni Bridgeway as an Investment Manager in Miami.

Maryanne joins Omni Bridgeway to continue building out the company's Midwest presence. She has over two decades of experience as a trial attorney in Chicago, handling complex disputes in state and federal courts involving product liability, multi-district litigation, mass tort, and shareholder derivatives issues. Prior to joining Omni Bridgeway, she was a litigation partner at Reed Smith LLP, where she focused on issues surrounding disruptive technology and artificial intelligence.

In Miami, Lauren brings local market knowledge and subject matter expertise in key areas such as bankruptcy, restructuring, multidistrict litigation, and commercial disputes. She has nearly 15 years of litigation experience in the Miami office of Weil Gotshal & Manges LLP, where she represented clients in a range of matters relating to contract disputes, business torts, antitrust, fraud, and asset valuation disputes.

Enrique joins Omni Bridgeway from King & Spalding in Miami, where he focused on international arbitration and litigation. With more than 6 years of experience, Enrique has handled numerous investor-state disputes involving Latin American parties in a broad range of industries including energy, mining, banking, and transportation.

"We are thrilled to continue our nationwide growth in Chicago and Miami, two of the fastest growing litigation markets in the US," said Jim Batson, Omni Bridgeway Managing Director and co-Chief Investment Officer for the US. "With Lauren and Enrique on board, we are excited to become one of the first commercial litigation funders to provide on-the-ground resources and expertise for law firms and corporations in Miami."

Managing Director and co-Chief Investment Officer for the US, Matt Harrison, added, "Maryanne's wide-ranging litigation experience and deep market knowledge are the perfect match for the dynamic Chicago market. Both Miami and Chicago are known for their sophisticated litigators and corporations who need an experienced risk management partner to navigate the financial complexities of high-stakes disputes. Omni Bridgeway is ideally situated to be that partner."

ABOUT OMNI BRIDGEWAY

Omni Bridgeway is the global leader in legal finance and risk management, including dispute and litigation finance from case inception to post-judgment enforcement and recovery. Listed on the ASX, Omni Bridgeway operates from 25 international locations.

Burford Capital Opens Dubai Office

Burford Capital, the leading global finance and asset management firm focused on law, today announces that it is opening its first Middle East office in Dubai, UAE, to meet increased client demand for legal finance in the region. With the addition of Dubai, Burford now has eight offices in North America, Europe, the Middle East, Asia and Australia.

Managing Director Daniel Hall will lead Burford’s Dubai team in addition to his ongoing co-leadership of Burford’s global asset recovery business. Previously based in Burford’s London office, Hall has relocated to Dubai and leads a team there that includes Joseph Durkin, Senior Vice President, an arbitration specialist and legal finance veteran in the Middle East, and Sylvia Chandel, Vice President, an experienced Middle East banker.

Burford’s Dubai office will provide a full range of legal finance, risk management and asset recovery services to companies, law firms and financial institutions throughout the Middle East.

Christopher Bogart, CEO of Burford Capital, said: “Burford continues to see growing demand for our legal finance capital globally, including in the Middle East. Our new office in Dubai will add a needed Middle East presence to meet client demand. We are pleased to open a physical office with senior-level experts in a region that offers even greater opportunities for the continued global growth of our business.”

Daniel Hall, Burford’s Managing Director in Dubai, said: “We are excited to formally begin our on-the-ground operations in Dubai and the Middle East. After eight years at Burford in London, I am eager to build upon our existing industry-leading work in the region that was previously on a fly-in basis. The team and I look forward to meeting with new potential clients in addition to existing ones as we continue to serve their various needs in arbitration, litigation and recoveries for non-performing loans. We have hit the ground running in the Middle East and Dubai, and I look forward to what’s ahead for us as the top regional and premier global provider of commercial legal finance and asset recovery expertise.” 

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its principal offices in New York, London, Chicago, Washington, DC, Singapore, Sydney, Hong Kong and Dubai.

For more information, please visit www.burfordcapital.com.

LegalPay CEO Talks Opportunities and Challenges for Litigation Funding in India

As the global litigation funding market continues to grow, investors are looking to emerging markets and jurisdictions with a high potential for growth in the uptake of third-party funding. Looking forward to the year ahead, the CEO of India’s leading litigation funder has offered his perspective on the nuances of the Indian market for potential investors and funders. Writing in CXOtoday, Kundan Shahi, CEO of LegalPay, highlights the potential of the burgeoning litigation finance market in India, which he describes as having a greater potential in terms of the monetization of claims than other major markets such as London, Hong Kong and Singapore. As a developing economy India is also filled with unique opportunities, with Mr Shahi pointing to the rise in fraudulent and scam activity during the pandemic, as well as the evolution of insolvency regulations as catalysts for a surge in opportunities for third-party investment. Mr Shahi also notes that there are challenges facing funders entering the Indian market due to its legal framework, which may differ from that of traditional markets. He emphasizes the importance of new funders taking a more flexible approach and adapting to client-specific needs in order to succeed. However, Mr Shahi does suggest that the growth in the country’s arbitration and dispute practice will create fresh opportunities, which funders should look to take advantage of.

Therium Co-founder Sees Opportunity Amidst Economic Downturn

One of litigation finance’s most attractive attributes as an asset class is its lack of correlation to traditional markets. However, as one leading funder recently pointed out, litigation funding can go even further and benefit from economic downturns due to a correlated rise in litigious activity. Speaking with City A.M., Therium’s co-founder and chief investment officer, Neil Purslow, offered an optimistic outlook for the litigation funding industry despite the ongoing economic instability. Within the broader surge in litigation due to the economic downturn, Purslow also highlighted that in these difficult market conditions, companies may turn to litigation funders to provide the capital for meritorious litigation that they would struggle to finance given budget constraints. Purslow pointed to the rise in class action lawsuits in the UK as an area of continued growth for the London market, citing continued interest from investors who see litigation finance as a ‘counter-cyclical investment’ in the current market. In addition to these class action cases, Purslow suggested that ESG litigation could become a significant area of investment for funders, as the scope of this activity has increased to a point where ‘ESG is everywhere’.