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Liti Capital Announces New $5 Million Investment to Acquire New Assets

Liti Capital SA , the blockchain litigation finance company, announces an investment of $5 Million. This $5m will be used to purchase assets worth up to a potential $50m. Of the initial private raise of $12m, $10m was used to secure assets worth up to $100m of potential asset value. Once this new $5m is deployed in an asset purchase, the combined $150m potential value dwarfs the current market cap of $25m. Those assets are what back the LITI equity token. Litigation finance is the practice of purchasing a percentage of a lawsuit to help fund the effort and then helping to win the case in order to collect that same percentage of the award. The $5M investment will be used to purchase these litigation assets. As one of the highest ROIs of any asset class, the returns are not dependent on the state of the financial markets. This short video illustrates the value proposition. “Liti Capital is a company, not a cryptocurrency. Therefore, increasing our Market Cap is a good thing for our investors because it means we are putting new money to work to buy assets and create profits,” says CIO David Kay.“We were able to invest our first $10M and turn it into assets valued around $100M. We expect to use this new investment to produce similar results.” Liti Capital launched its LITI equity token on June 24th and it wrapped LITI token, the wLITI, on June 29th. LITI tokens are available on liticapital.com and wLITI on uniswap.org. Liti Capital tokenized its equity shares with the goal of providing retail investors with investment opportunities previously only available to the top 1% of investors. Tokens lower the barrier of entry for smaller investments and reduce costs and increase security for both investors and the company. Additionally, tokens provide liquidity to an asset class that has traditionally been firmly illiquid. Liti Capital's belief is“private equity for all.” Additional long-term goals include helping to protect the crypto community, prosecute scammers, and return the lost funds to the token holders with the hopes of preventing these activities in the future and ensuring a safe environment for investment and innovation. Liti Capital will spend between 5 and 10% of its investment capital investigating and funding litigation against these crypto con artists and scammers. Join the company's Telegram Channel, t.me/Liti_Capital_Official , for updates and live chats. About Liti Capital Liti Capital is a Swiss Limited Liability company specializing in Litigation Finance and FinTech based out of Switzerland. Liti Capital buys litigation assets to fund lawsuits and then helps the plaintiff win the case. By tokenizing shares, the company lowers the barrier of entry for retail investors, gives token holders a vote in the decision-making process, and distributes dividends to token holders upon the success of the plaintiff. Co-Founder Jonas Rey heads one of the most successful intelligence agencies in Switzerland, Athena Intelligence. His two co-founders, Andy Christen and Jaime Delgado bring innovation entrepreneur experience and blockchain expertise to round out the leadership team. David Kay, CIO, ran a billion-dollar private equity litigation finance firm before joining Liti Capital.

Pure Funders vs Professional Funders – What’s the Difference?

The subject of costs is a contentious and evolving topic. A recent ruling by Judge Marcus Smith has turned some heads in the funding community. It involves a third-party cost application brought against Colosseum Consulting, by Laser Trust. Colosseum was the funder of a case between Laser and CFL Finance—which had an outstanding costs order against it for nearly GBP 330,000. Colosseum faced an order for costs. Omni Bridgeway explains that according to the funding agreement, Colosseum had an inappropriately high degree of control over the case. Judge Smith called the agreement close to absolute control. It was not determined how much control was ultimately exercised by Colosseum, but the larger issue was that neither Colosseum nor CFL was forthcoming about the terms of the agreement. With that in mind, Colosseum was ordered to pay the assessed costs—without the Arkin cap. Some have suggested that removing the Arkin cap was excessive, even punitive. Part of the ruling relates to Colosseum’s status as a “pure funder,” as opposed to a “professional funder.” The difference here was determined in Hamilton v Al Fayed 2002, a Court of Appeal case. A “pure” funder does not seek to control the funded case, has no personal interest in the litigation at hand, and does not stand to benefit. Pure funders rarely have cost orders made against them. However, funders that exercise control or seek to increase their payout are far more likely to see costs orders. The facts of the case between Laser and CFL are highly complex. Suffice to say that everyone involved should have known it was not well-suited to a professional funder. Though it’s unclear how much control Colosseum exerted over the case, the agreement terms are evidence that Colosseum’s motive was financial gain rather than charity. As such, they were not a “pure funder,” and could therefore be ordered to pay costs.

On the Use of Liquidator Documents in Funded Litigation

Litigation funders may purchase claims from liquidators, keeping a portion of the recovery. But there are practical questions that need answers here—such as whether funders may use evidence from previous examinations of the insolvent company’s affairs. In the instance of LCM Operations Pty Ltd; 316 Group Pty Ltd, LCM bought claims from a liquidator, who would receive 15% of any proceeds collected. According to an article published on LCM’s website, ASIC approved the funder’s request for examination documents. There were no objections or challenges. Armed with evidence, LCM filed suit against Rabah Enterprises. Rabah countered with a complaint alleging that the use of the examination documents was a breach of the Harman undertaking—which states that documents obtained in court proceedings must not be used in unconnected proceedings. LCM then applied to Federal Court to affirm that using the documents was not a breach of Harman. The court determined that there had been no breach—as the focus of the examination was to gather evidence for claims. Rabah’s assertion was that litigation funders and liquidators are not on an equal legal footing in the use of examination documents. He also claimed that the examination itself was a potential abuse of process under terms of the Corporations Act. Yet this act also allows liquidators to assign claims to other parties. Those other parties then enjoy similar standing to the liquidator, without court approval. Because the claim against Rabah could have totaled more than $14 million, it’s clear that the liquidator was poised to benefit financially. However, Rabah still maintained that LCM required leave that should not be given by the courts—because LCM’s predominant purpose was the 85% in the agreement. Ultimately Justice Stewart determined that ‘predominant purpose’ may include other goals, such as a partly private purpose. In this case, LCM benefited, but so did the liquidator. Rabah’s objectives were ultimately unconvincing, and Justice Stewart found for LCM.

Litigation Funding in the Middle East & North Africa

It’s clear that the COVID pandemic has changed the way we communicate around the globe. Still, international disputes are still happening and need resolution. Third-party litigation funding is becoming an increasingly mainstream practice that addresses new and ongoing issues alike. Omni Bridgeway explains that the practice is gaining acceptance in the MENA region, which includes the middle east and north Africa. Abu Dhabi Global Markets and the Dubai International Financial Centre have embraced legal funding. The current growth in this region is necessitated by the high cost and complex nature of international arbitration, coupled with communication issues caused or exacerbated by COVID. While third-party legal funding is known for increasing access to justice for those who can afford it least, legal firms and corporates also use funding to manage costs and risks, while monetizing assets like IP or pending litigation. For businesses impacted by COVID, non-recourse funding makes a profound difference. Some businesses find that even if a funded case is unsuccessful, they were still better off taking the non-recourse funds and investing their own money back into operations. So far, the MENA region has been slower than expected to embrace third-party funding. This may be due to champerty concerns or misconceptions about the fairness or transparency of funding agreements. In time though, it’s likely that the value of litigation funding will demonstrate itself. This region has several well-established markets for litigation and arbitration. So it’s likely that the practice of third-party litigation funding will only expand—inviting new entrants into the market. With that will likely come new regulation, as it has with Europe, Australia, and the US among others.

Legal-Bay Lawsuit Funding Raises Over $2MM with Joint Venture Partner to Fund Personal Injury Claims

Legal-Bay Pre Settlement Funding reports an expansion to their capital needs now that funding applications are on the rise. The entire legal system had practically ground to a halt due to Covid-19, which caused massive delays in the courts. But now that life is starting to return to normal, backlogged dockets are being addressed. With renewed activity, Legal-Bay is seeing an increase in applications for settlement funding. Chris Janish, CEO of Legal-Bay, commented, "We are pleased to report that with our acquisition of over $2MM in cash and conversion of another $1MM in old notes that we are poised to ring in a new post-Covid era of funding with a $3MM capital base. With courts slowed due to the pandemic, our industry has seen a downturn of funding volume, but Legal-Bay is now positioned to fulfill our origination volume expected over the next few months. Our ultimate goal is secure a minimum of $10MM in new capital to fill our business needs over the next twelve-month period and beyond. We have entered discussions with key institutional groups, and now with the pandemic behind us—as well as an exceptional seven-year track record of settling funding claims—we believe the future looks bright once again." Legal-Bay is a direct funding source and considered one of the best lawsuit funding companies in the industry. Their turnaround time is lightning fast, and their customer service is top notch. They've been in the pre-settlement lawsuit funding business for over a decade, so their experience is extensive. If you would like more information about Legal-Bay, please visit their website HERE or call toll-free at 877.571.0405 for any other questions. Legal-Bay funds all types of lawsuits including commercial litigation, personal injury cases, dog bites, car and truck accidents, medical malpractice, Purdue OxyContin cases, Boy Scouts of America or clergy abuse cases, workplace discrimination, wrongful termination or conviction, and many more.

LCM Agrees to Fund Competition Case Against Govia Thameslink Railway

Litigation Capital Management, an AIM-traded firm, announced that it is funding a collective action against Govia Thameslink Railway and its parent companies. Sharecast details that the case asserts that BTR abused its leading position in the rail services market, thereby breaching the Competition Act 1998. Such cases are increasing in the UK, owing to the proliferation of third-party litigation funding. GTR operates in London and the SouthEast of England, operating regional and commuter services. LCM executive vice-chair Nick Rowles-Davies affirmed the company’s commitment to facilitating cases that help the communities they serve.

The 2021 Legal Asset Report

Burford Capital recently commissioned a 2021 Legal Asset Report. Compiled by Bauman Research and Consulting, it surveyed 378 senior financial officers of large companies in Australia, the US, and the UK. Burford Capital explains that many companies are looking at their legal assets in a new way. Some companies know that they’re sitting on high-value legal assets, but are unclear or unsure about how to unlock their full value. There are five key steps that can address this:
  • Innovation and collaboration: Accounting departments can join forces with legal departments to devise new ways to monetize legal assets.
  • Treating pending claims as the assets they are. Using legal funding to better time the flow of capital from legal assets makes a lot of sense.
  • Set income targets for legal departments. Many companies are reticent to do this, but legal funding makes it simple and cost-effective.
  • Quantitative modeling: Financial officers may be loath to use quantitative decision-making for commercial claims. They shouldn’t be.
  • Rounding out corners: Outsourcing expertise is commonplace, and should apply to all areas of the business that are expected to generate revenue.

Creating and Resourcing an Enforcement Plan to Persuade a Funder to Invest in Your Enforcement

The following article was contributed by J-P Pitt, Investment Manager at Asertis Stating the obvious, the principal reason a funder chooses to fund enforcement, as with every aspect of litigation funding, is to receive more at the end than is paid at the beginning. In practical terms, enforcement extends beyond being purely a legal process. Much of it involves practical project management, where litigation is one of two key workstreams. The other is influence or persuasion – communications or PR. These two elements are entirely complementary and complimentary. In project management terms, the starting point is a critical path to cash, which needs to be mapped out. Enforcement can be complex, with many moving parts, and, whilst the goal - to realise recoveries - is always clear, the path is often far from clear. To persuade a funder to invest, three essential pieces of work are necessary to map out a critical path to cash: an asset analysis of the defendant(s); obtaining legal opinion(s) or advice in the relevant jurisdiction(s); and the creation of an enforcement plan. Based on a comprehensive asset analysis, having an enforcement plan in place at the outset is pivotal to maximizing chances of success. Allocating sufficient time and adequate resources to execute the plan is therefore of paramount importance. The execution of that plan should be informed, or intelligence-led. In order to create and execute the appropriate strategy, the project team should be thought of as taskforce, since it will need to be multi-disciplined and cross functional. It must be cohesive, and the components must be able to operate in concert with each other. Therefore, teams that have worked together successfully on complex projects are always comforting and persuasive from an investment perspective. Like all projects, there must be a director who drives progress by coordinating how and when the task force conducts its activities. To achieve the strategic goal of realising recoveries (by seizing, and where necessary selling, assets) the director’s key role is to ensure taskforce components operate in concert. Hence, the director must be a professional decision-maker, who ensures clear communication and unity of purpose by giving timely and clear direction. The director could be: the claimant; the funder, if the claim has been acquired; a key lawyer who may be sitting in a core jurisdiction, or simply one who has experience of coordinating and delivering such projects; or an investigator who may have assembled the team in the first place. So, what are the taskforce components? For the litigation workstream, lawyers will be required for each jurisdiction in which the legal/litigation workstream needs to be pursued. Insolvency Practitioners (IPs)/liquidators and/or Trustees in Bankruptcy, as insolvency is often the most critical tool in any enforcement. Forensic accountants may also be required, usually for two purposes: to assist with the tracing of funds; and as expert witnesses at trial to prove how those funds have been traced. For the influence workstream, communications professionals are required to manage, if appropriate, the media narrative surrounding a case and any messaging. This may involve both front foot PR (offensive) in order to generate indirect pressure, and back foot PR (defensive) to protect reputational risk: often the most critical factor for any litigant and/or funder. Finally, investigators form a crucial part of the team and should be instructed from the outset to ensure that any enforcement plan is well informed and its execution is intelligence-led. The information they provide should inform the taskforce director’s decisions and assist in directing how and when the task force conducts certain activities. The investigators’ role is multi-faceted: understanding what motivates a defendant; conducting an asset analysis – identifying what and where assets are; monitoring throughout the life of the case; and assisting with gathering evidence. There are several key vulnerabilities which can undermine success, and potentially, one weak link can undermine the overall objective. Lack of coordination and communication anywhere within the taskforce can potentially be very damaging. The same applies if there is a poor sequencing of activities, such as seeking to recover an asset before a full intelligence picture is gathered. Equally, a bad practitioner, investigator or comms specialist, who oversteps their brief, might derail the case through negligence or incompetence. Failure to appreciate a defendant’s critical vulnerabilities and motivations (e.g. is there a trophy asset with totemic value?) might result in strategic mistakes. Clearly, if there are insufficient funds to marshal the necessary resources, then the team effort may well fall short of the required standard for success. Money is an issue in every type of commercial litigation: it is often not enough to win the case in court and receive judgment in your favour. It must be understood that the financial resources required to achieve success in enforcement of that judgment are considerable - at least as much will be expended in achieving success as was expended in obtaining the judgment. Often it can be significantly more. Accordingly, there should be plenty of contingency factored in. Although the goal may be clear, the path that has to be taken to reach it, is routinely unclear. Ultimately, anyone seeking funding for an enforcement opportunity should front-load their assessment of the risks and approach the funder with a clearly thought-out plan. This will enable any funder to understand firstly what the opportunity is and whether it might be a viable investment, and secondly, how the risks may be treated, tolerated or taken; most usually, treated.   J-P Pitt is an Investment Manager at Asertis, specialising in commercial disputes funding. Prior to joining Asertis, J-P was a Director of Litigation Funding at Harbour Litigation Funding. He is also a qualified solicitor.

Litigation Finance as an Asset Class

Despite existing for more than a decade, Litigation Finance is considered a relatively new asset class. The market for litigation funding is enormous—as global law firm fees reach $860 billion annually. According to a recent study from Ernst & Young, the market is set to expand even more as post-pandemic litigation is expected to sharply rise. Net Interest details that funding individual cases or class actions is what litigation funding is commonly known for. But that’s far from all they do. Legal funding doesn’t have to focus on one specific case. Portfolio funding is becoming increasingly common. It’s provided on a non-recourse basis, which means if the case is lost, a funder can lose the entire investment. Outcomes in litigation funding, more often than not, are either a sizable payout, or a total loss.  Burford Capital funds a variety of cases, and is the only large litigation funder to have an asset recovery team in-house. As Burford’s CEO explains, the integrity of the legal system depends not only on fair judgments but on ensuring that judgments are enforced. Burford recently funded enforcement of a divorce judgment in favor of Tatiana Akhmedova, ex-wife of a Russian businessman. Burford has utilized cross-jurisdictional asset tracing and recovery experts to ensure that court orders are upheld. As an asset class, litigation funding has the potential for astronomical returns. But with the prospect of a big payday comes significant risk. The cost of this risk can be high, and funding agreements are underwritten accordingly. Time frames can be unpredictable, as cases can take years to reach completion. It’s also worth noting that reported ROICs are sometimes touted as illusory because of the way portfolio funding is reported. Still, returns from litigation or arbitration are speculative, even when a legal team believes a case is strong. Ultimately, litigation funding holds the potential for high payouts, but also carries significant risk.