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An LFJ Conversation with Alfonso Chan, Partner, King & Spalding

By Alfonso Chan |
Alfonso Chan is a trial lawyer who focuses on litigating and licensing complex intellectual property cases on behalf of universities, research institutes and technology companies. His matters are primarily focused on semiconductors and electronic technology-intensive matters, as well as biomaterials and medical devices. Alfonso represents plaintiffs and defendants in district courts nationwide and before the Federal Circuit Court of Appeals. He is also registered to practice before the U.S Patent and Trademark Office (USPTO) and has experience in inter partes review proceedings before the Patent Trial and Appeal Board (PTAB). His international practice includes handling matters in China, Taiwan, Japan, Korea and Europe. Alfonso served as an adjunct professor of International Comparative Law at Southern Methodist University, Dedman School of Law. Below is our LFJ Conversation with Alfonso Chan: What are the unique challenges that universities and research institutes face when seeking litigation funding for intellectual property disputes? What strategies do you employ to navigate these challenges? 

Unlike commercial patent owners, universities are not unitary organizations with a hierarchically-defined command and control structure. Universities can comprise several constituencies and legal entities, not all of whom have completely aligned intellectual property interests. Successfully representing a university requires being actively aware of each facet of its make-up and serving as a facilitator between them. For example, a university’s president may not view patent litigation positively, whereas its research sponsor considers patent enforcement to be an essential right that must be exercised under its exclusive license. Successful counsel and funders of university patent owners patiently seek out all interested parties within the university umbrella to ensure a litigation strategy and funding arrangement satisfies as many interests as practicable.

How do you address the potential conflicts of interest that might arise when public institutions enter into litigation funding agreements? Are concerns here legitimate, or are they overblown?

Politics may require consideration when public universities are involved. For example, is approval from the state attorney general required? Can the litigation funder represent that no foreign investors are involved? Should the university be a party to a litigation funding agreement? If so, which part of the university should engage with a litigation funder? If not, how can the university’s public interests be protected in a law firm-facing litigation funding arrangement? These considerations are extraordinarily important and cannot be glossed over.

When it comes to IP enforcement, how do you balance the need for aggressive litigation with the broader mission and reputational considerations of public institutions? 

Protecting institutional reputation is always the primary concern. A university may have spent decades or even centuries building its academic reputation. But reputations are fragile. A university will not risk ruining its reputation by its trial lawyer’s misconduct or funder’s lack of transparency. Everyone working with a university, including its counsel and funders, are de facto arms of the university and must be willing to uphold its high standards of ethics.

What are the trends to watch out for when considering legal funding for public institutions?  How will this sector of the market evolve over the coming years? 

I predict that more funders will become interested in acquiring university-originated patents rather than just funding litigation. This affords a university much-needed up-front monetization while simultaneously providing the funder more control over strategic decision-making. I also predict that a commercially-run version of the University Technology Licensing Program (UTLP) could be very successful in the funded patent litigation marketplace.

Court House Capital Funding Class Action Against Jetstar

By Harry Moran |

Over the last two years there has been a quiet yet consistent trend of legal action arising over alleged malpractice by companies and institutions during the Covid pandemic, with funders often stepping up to provide the financial backing necessary for claimants in their pursuit of justice.

An article in The Guardian covers the latest high profile example of such a case, with Jetstar Airways facing a class action over its alleged failure to fulfil its legal obligations to refund passengers for flights cancelled during the pandemic. The claimants are being represented by Echo Law with funding for the class action provided by Court House Capital.

Andrew Paull, partner at Echo Law, said that instead of providing refunds as outlined in the airline’s terms and conditions, “Jetstar customers were pushed into holding hundreds of millions of dollars in restricted travel credits.” This class action follows separate legal proceedings filed last year by Echo Law against Jetstar’s owner, Qantas, over the parent company’s own use of travel credits in place of a full and proper refund policy.

The Guardian’s article quotes a statement from Jetstar in response to the class action, with the airline saying it would review the claims and also explained that last year it had “removed expiry dates for Covid vouchers so they can be used indefinitely”.

Woodsford Funds Australian Class Action Targeting Isuzu Motors

By Harry Moran |

In the world of ESG-related litigation, one of the areas which is a hotbed of activity is the alleged use of emissions defeat devices by car manufacturers, with vehicle owners seeking compensation over these companies’ breach of environmental and consumer rules.

Reporting in Australasian Laywer covers the news that Woodsford is providing litigation funding for an Australian class action being brought against Isuzu Motors Limited, a Japanese car manufacturer. Woodsford has partnered with Piper Alderman who are providing legal representation for the class members, with the case focused on allegations that Isuzu installed defeat devices vehicles which it sold in Australia.

The class action was filed last week in Federal Court, with the claimants alleging that Isuzu did not accurately comply with diesel emissions standards in violation of Australia’s approval regime for vehicles. The legal case centres around an alleged breach of Australian Consumer Law, with the vehicle owners seeking compensation over the company’s misrepresentation of its compliance with the aforementioned regulations.

Martin del Gallego, partner at Piper Alderman, explained that the “class action alleges that Isuzu has sought to circumvent Australia’s rigorous emission standards by deploying ‘defeat devices’ in certain of its D-Max and MU-X vehicles, causing them to emit NOx pollutants in normal driving conditions at higher than permitted levels.” 

Charlie Morris, chief investment officer at Woodsford, situated this class action brought against Isuzu as one “in an increasingly long line of legal actions across the globe relating to what appears to have been a common practice among diesel vehicle manufacturers of deceiving regulators and customers regarding emissions.”

This is not the only case of its kind that Piper Alderman has filed, having already brought a class action against Mercedes-Benz for the use of these defeat devices in its vehicles.

Thomson Reuters Acquires Safe Sign Technologies to Accelerate its AI Strategy

By Harry Moran |

Thomson Reuters (TSX/NYSE: TRI), a global content and technology company, today announced it has acquired Safe Sign Technologies, a UK-based startup that is developing legal-specific large language models (LLMs).

“This acquisition marks another milestone on our journey to combine our trusted content and world-class domain experts with our cutting-edge technology. Based on our internal assessment, we believe Safe Sign’s models have demonstrated industry-leading performance across a number of domain-specific evaluations. We believe that coupling them with our industry-leading content and expertise will help us deliver greater quality and performance from our AI solutions,” said Joel Hron, Chief Technology Officer, Thomson Reuters. “We expect this acquisition to help accelerate our ability to provide our customers with a professional grade AI experience through the CoCounsel AI Assistant – the company's genAI assistant – that enables professionals across industries to accelerate and streamline their workflows.”

“We believe Safe Sign Technologies has been at the cutting edge of legal AI research since 2022, achieving significant progress in its goal to create the world’s best proprietary legal LLM. Safe Sign’s world-leading team—drawn from Cambridge, DeepMind, Harvard and MIT—is pleased to join with Thomson Reuters to become a major scientific and industrial disrupter in legal AI,” stated the Safe Sign Technologies leadership team, Alexander Kardos-Nyheim and Dr. Jonathan Schwarz.

Alexander Kardos-Nyheim, founder and CEO, founded Safe Sign Technologies in February 2022. He was joined by leading Cambridge Law and AI professors and researchers. Kardos-Nyheim’s team expanded, most notably with the arrival in late 2023 of Dr. Jonathan R. Schwarz, who became the company’s co-founder and chief scientist. Schwarz brought with him world-leading AI expertise, drove the company’s LLM strategy and enabled the company to achieve world-class legal LLM performance. The Safe Sign Technologies team will report directly to Hron and will be working closely with the Thomson Reuters Labs team. To learn more about Safe Sign Technologies and its team, visit the Safe Sign Technologies website.

Thomson ReutersThomson Reuters (TSX/NYSE: TRI) (“TR”) informs the way forward by bringing together the trusted content and technology that people and organizations need to make the right decisions. The company serves professionals across legal, tax, accounting, compliance, government, and media. Its products combine highly specialized software and insights to empower professionals with the data, intelligence, and solutions needed to make informed decisions, and to help institutions in their pursuit of justice, truth, and transparency. Reuters, part of Thomson Reuters, is a world-leading provider of trusted journalism and news. For more information, visit tr.com.

Nera Capital Appoints New Global CFO 

By Harry Moran |

A specialist Litigation Funder which has offices in Manchester, Dublin and The Netherlands, has appointed an internationally renowned finance executive as its new Chief Financial Officer (CFO).

Finance veteran, Robin Grant, has joined Nera Capital bringing over 25 years’ experience in dealing with various asset classes and investment strategies. 

As a long-standing chartered accountant, Mr Grant explained that he has gained extensive UK and international experience with large firms through to start-ups and is now delighted to join the team at Nera Capital.

“The company has always been successful, and at the moment it is on a steep growth curve which makes Nera Capital increasingly attractive to additional institutional investors,” he said. 

“The firm has an exceptional business model where pursuit of justice for the benefit of claimants is at the heart of everything it does while also generating superior risk adjusted returns for our investors. It’s a win-win for everyone except the corporate wrongdoers.

“I’m very pleased to be at Nera and aim to make a positive contribution as part of the management team.”

Mr Grant added that Nera Capital's success is due to the team working quickly to undertake due diligence, understand the return proposition and do the work needed to get claim strategies into an investable position.

“Once we get there, we move very quickly to deploy funds and aggressively manage the litigation process to get the claims in a position where we can start settling them,” he added.

“The professionalism of the team is unrivalled; this is a team with a strong proven track record.

“They’ve done it for years, they’re all from high-quality institutional, backgrounds and they’re all really passionate about what they do, it’s a very exciting time for the team.”

Reflecting on his own career, Robin explained: “My journey after I left university began with three hard years training to be a chartered accountant with BDO in London.

“It’s an exciting sector to be involved in with lots of challenges and its these that make it enjoyable.” With a craving to earn international finance experience after his qualification in London, Mr Grant boarded a plane to Bermuda and spent the next five years gaining exposure to banking, captive insurance and hedge fund sectors, having stints with PwC and Lombard Odier.   

Looking back on his time, he explained: “I ended up living in Bermuda for five years and the Cayman Islands for two years before returning to London.

“Once back in the UK I gained further experience with large institutions, I was CFO of GLG Partners’ Fund of Funds division (now part of Man Group PLC) and boutique firms, such as Tabula Investment Management Ltd (now part of Janus Henderson), RS Platou Asset Management (now part of Clarksons PLC) and Quantmetrics Capital.

“These experiences are the grounding for everything I have done since then, and I’ve enjoyed taking that skillset and applying it to my role with Nera Capital.”

Speaking about Mr Grant’s appointment, Director of Nera Capital, Aisling Byrne, said the team were delighted to welcome him aboard and look forward to growing the firm together. 

She said: “This year Nera Capital has been able to expand substantially, while achieving significant milestones with multiple investments around the world and large settlements being also achieved “ 

“We are confident that Mr Grant will be able to guide our team through further growth, while we focus on investment returns and justice in the legal system.” 

About Nera Capital 

·       Established in 2011, Nera Capital is a specialist funding provider to law firms.  

·       Provides Law Firm Lend funding across diverse claim portfolios in both the Consumer and Commercial sector. 

·       Headquartered in Dublin, the firm also has offices in Manchester and Holland. 

·       Member of European Litigation Funders Association

.       www.neracapital.com

CAMG Hires Max Doyle to Lead Funders Program as Chief Strategy Officer

By Harry Moran |

The growth of mass tort cases has created plenty of opportunities for law firms, funders and legal marketers alike. As this sector continues to generate high levels of activity, CAMG is aiming to offer funders a more streamlined and efficient approach to engage with these opportunities and to manage their investment portfolios.

An article in Bloomberg Law covers the news that the Consumer Attorney Marketing Group (CAMG) has hired Max Doyle, former CEO of LexShares, to lead its funders program. Doyle, who has been appointed as Chief Strategy Officer (CSO), will take on leadership of the program from September as CAMG looks to work directly with funders on their investment strategies for mass tort cases.

In the article, Doyle spoke about the approach he would bring to the program, explaining that he wants to be the person who can “speak in that language with the funders or investors or alternative asset managers or hedge funds or whoever it is, but be able to not start off with the law, but start off with the potential returns.” Doyle acknowledged that these funds have to “manage exposures and get to the bottom of what the risk-adjusted returns look like”, with CAMG aiming “to try and make that a bit easier for them.”

Doyle also highlighted the impact of rules changes around law firm ownership in states such as Arizona and the ways in which it creates opportunities for funders to manage portfolios of cases. As Doyle explained, “funders spend a lot of time ensuring that the collateral is locked down and safe and liens are renewed, so I think there are better ways to structure it.”

In a post sharing the news on LinkedIn, CAMG said:

“At CAMG, we’re not just connecting law firms with plaintiffs—we’re working directly with litigation funders to curate investment strategies and generate high-quality leads. It’s a sign of how funders are becoming increasingly intertwined with marketing as they focus on mass torts.”

An LFJ Conversation with Sam Dolce

By Sam Dolce |

As an attorney and VP at Milestone, Sam Dolce provides in-depth, comprehensive consultations with attorneys about how to save their firms time and money. Sam is a regular speaker and presenter at academic and legal conferences across the country regarding post-settlement innovation.

Milestone is a high-touch settlement solutions firm on mission to bring efficiency, transparency, and education to law firms and their clients after settlement. An innovator in mass tort and multi-party litigation, Milestone has developed Pathway®, the leading tech solution in the post-settlement space. Milestone was founded in 2012 and is headquartered in Buffalo, New York.

Below is our LFJ Conversation with Sam Dolce:

Milestone has launched an innovative mass tort settlement administration platform. What are the main value-adds here? Why should users consider this product?

Milestone’s Pathway® platform shortens case duration in mass tort litigation by digitizing the post-settlement process.

In addition to providing a more streamlined, accommodating, and informed post-settlement process for claimants, Pathway also serves law firms’ bottom lines. The platform saves law firms time and money, relieving them of the administrative burden of managing post-settlement. Pathway is also the first solution to provide real-time visibility into the settlement process for both claimants and attorneys, fostering transparency and trust and ensuring all parties know where money is at any given time.

By engaging and implementing Pathway, law firms are able to allocate resources more effectively and focus on core competencies. The automation of time-consuming tasks frees attorneys and support staff up to handle more complex legal matters and provide higher-quality client service.

How would litigation funders benefit specifically from Milestone's new platform?

Pathway’s competencies serve the interests of litigation funders in impactful ways.

By speeding up the post-settlement process, Pathway can help litigation funders realize faster returns on their investments. Reduced operational costs through automation and efficiency also lead to higher profit margins. A streamlined post-settlement process can reduce the risk of errors, disputes, and delays.

Pathway’s backend, real-time dashboard is also a game changer for litigation funders, giving them the ability to check in on cash flow or case performance at any given time.

Additionally, law firms that use Pathway can position themselves as more efficient and technologically advanced, attracting top talent and more clients.

What are some of the current trends in settlement administration in the mass tort space, and how is Milestone addressing those?

As corporate negligence shows no signs of slowing down any time soon, we are seeing the number and scale of mass tort cases trending steadily upward across the board. Milestone’s Pathway virtually eliminates any strain that this increased workload could place on law firms by processing tens of thousands of claims in record time and getting full dockets paid in a matter of weeks or months.

Another trend is that with these expanding dockets, attorneys have less and less time to provide individualized attention and guidance to each claimant. With this, it is becoming more common for claimants to lose out on the opportunity to financially plan with their settlement monies, as many don’t become aware of this possibility until it is too late. Pathway ensures that education around settlement planning is baked into the administration process, meaning that claimants get an elevated, customized post-settlement experience, ultimately increasing overall client satisfaction for the law firm.

What have users been saying about the product?  Can you share any feedback?

Numerous law firms have praised Pathway for its efficiency, accuracy, and ease of use. Testimonials from both law firms and claimants highlight the positive impact of the platform on the post-settlement experience.

“All directions and steps were easy to follow regarding a payment, and the support team can be easily reached when having issues or need to get into contact with somebody.” - Claimant who went through Pathway

“What an incredible company! These folks CARE about their clients...I'm not an attorney, but if I were I would certainly be going through Milestone for any mass tort settlement planning!! On the side of customer service—WOW!! I am thoroughly impressed with the stark professionalism and friendliness I experienced throughout the process!” - Claimant who went through Pathway

“The work that Milestone does is absolutely vital to the success of multi-district litigation. Getting to a number in litigation is very hard, but that’s only part of the battle. How you then get that distributed to clients is the other. How do you communicate with 200,000 people and make sure they have access to the money and understand what’s going on with their cases?” - Attorney client

“Faster than AI, they're totally raising the bar.” - Claimant who went through Pathway

Litigation funding and mass torts are growing more interconnected. How do you see these two sectors evolving over the coming years?

Litigation funding and mass torts are both prominent forces in shaping the legal landscape today and into the future, so it makes sense that they’ll grow more interconnected as the years go on.

As more mass torts arise, more substantial financial backing will be needed for firms to be able to take on cases of such large scale. Litigation funders will also likely play a more active role in early case evaluation, helping law firms identify which mass torts to take on. The influx of litigation funding will likely also lead to more innovative fee arrangements between mass tort law firms and their clients. And with litigation funders providing financial backing, we’re likely to see more mass tort firms pursuing litigation rather than being swayed to settle early.

There are countless challenges that come along with this intertwined trajectory, but along with those come many opportunities. Milestone is dedicated to ensuring that ethical considerations and the good of the plaintiff remain at the heart of mass tort operations while simultaneously increasing revenue for litigation funders and law firms.

Community Spotlights

Member Spotlight:  Lewis Edmonds

By Lewis Edmonds |

Lewis Edmonds is a Director of Fibre Group and is a seasoned financial planner with over 10 years of expertise in cross-border planning, wealth management, and alternative investments. He serves a diverse clientele across the UK, USA, Middle East, Europe, and Latin America, offering tailored solutions that include diversification, wealth creation, and risk hedging strategies. 

Lewis's comprehensive approach ensures clients achieve their financial goals while navigating the complexities of international finance. Lewis manages the group’s portfolio of investment opportunities and fund management providers, whilst assessing new opportunities to enhance the company’s offering. 

Company Name and Description: Based in the United Kingdom, Fibre Group focuses on cross-border payments, cross-border wealth and alternative investment strategies. 

The payments side of the businesses ensures clients have access to highly competitive exchange rates through multi-currency banking solutions, and guidance to manage foreign exchange risk, which is often a significant consideration for international property transactions and cross-border wealth matters. 

Fibre Capital focuses on international wealth management and alternative investment, by providing tailored strategies that are customised to individual goals and risk preferences.

Acknowledging the limitations of conventional banking, Fibre looks beyond public markets and traditional investments to identify solutions that diversity, balance and enhance clients’ portfolios. 

Within the Litigation funding ecosystem, Fibre’s role is to introduce their active and growing client base of investors, to investment opportunities in the litigation funding space, via loan note, corporate bond, or direct investment. 

Company Website: www.fibrepayments.com -- https://fibre.capital

Year Founded:  2021

Headquarters:  London

Area of Focus:  Traditional wealth management and alternative investment strategies for our active client base. 

Member Quote: “In an ever-changing economic landscape, we are actively seeking innovative investment strategies, to ensure the best outcome for our clients and opportunities in litigation financing are increasingly becoming an attractive alternative asset class, for our clients.”

Class Representative in UK Water Companies Claims Calls for Funding Agreement Legislation

By Harry Moran |

With recent news that the new UK government is set to delay further progress on legislation regarding litigation funding agreements in the wake of PACCAR, there has been an overwhelming response from funders, law firms, and claimants, all arguing that there is no need for such a delay and in doing so, the government may be harming the prospects for claimants seeking justice.

In an opinion piece for City A.M., Carolyn Roberts argues that the lessons learned from the Post Office litigation should be taken onboard by those seeking to hold UK water companies to account for their behaviour. Roberts, an environment consultant and emeritus professor at Gresham College, argues that just as litigation funding was integral to the success of the claim brought against the Post Office, the same mechanism of third-party funding should be leveraged in claims brought against water companies over their alleged wrongdoing.

Roberts highlights the recent fines issued by Ofwat against three UK water companies over their dumping of sewage into public waterways, and goes on to allege that these same companies have been misleading regulators for years “about the extent of sewage discharges into our rivers and coastal areas.” Roberts is the class representative in competition damages claim in the CAT brought against Thames Water, United Utilities, Severn Trent, Anglian Water, Yorkshire Water, and Northumbrian Water. 

As the opt-out claim is being financially backed by Bench Walk Advisors, Roberts’ op-ed emphasises the need for the government to move without delay to introduce legislation to deal with the effects of the Supreme Court PACCAR ruling on litigation funding agreements. Roberts closes the piece by arguing that the government “pick up the baton and ensure access to justice can be preserved for billpayers, like those involved in my claim, as well as individuals and small businesses like the sub-postmasters who rely on litigation funding to hold corporate giants to account.”