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Commercial Legal Innovation

Optimise Launches New Product for Sub 100k Insolvency Claims

Optimise - the insolvency litigation and financing business launched by Provenio Litigation LLP earlier this year - has launched a new solution specialising in claims below £100,000.

Optimise financially supports the work of insolvency practitioners to make the best possible recoveries for the creditor estates.  The liquidator or administrator receives an upfront payment and an agreed percentage of the final recovery on the claim. 

The business is currently funding around £10 million worth of live claims.

While the majority of Optimise’s claims against former directors are valued between £100,000 and £1 million, Founder and Managing Director, Mark Goodwin says insolvency practitioners and lawyers have pointed to a lack of funding options for claims below £100,000.

To plug this gap, Optimise has launched a specialist product for lower value claims. This new solution is made possible by Optimise's unique partnership with parent company and law firm, Provenio, and established arrangements with a leading litigation funder, enabling flexible management of legal costs.

“With our flexible approach, Optimise can consider high-value insolvency claims as well as those valued at circa £75,000 and above, which may be overlooked or deemed too small by traditional funders,” explained Mark. “In a market traditionally dominated by one supplier, we believe this area of work has been overlooked. 

“Optimise is being utilised for a wide range of insolvency litigation related claims including overdrawn directors’ loan accounts, breach of contract, breach of duty, transactions at undervalue, preferences, unlawful dividends, wrongful trading and claims against third parties.”

Commercial People Moves

Spanish Funder Claimbnb Hires Second Investment Director

Whilst the Spanish litigation finance market is rarely highlighted as an active jurisdiction for third-party funding, it is clear that there is a nascent market that is attracting both investment and experienced professionals looking to explore the opportunities.

An article in elEconomista covers the news that Juan Sebastián Montijano-Carbonell has joined Claimbnb as an investment director. Montijano-Carbonell joins the Spanish litigation funder from AltamarCam Partners where he served as executive director for the past two years, having previously spent nearly a decade in Credit Suisse’s investment banking team for Iberia.

In a post on LinkedIn, Fernando De Castro de Miguel, a member of Claimbnb’s investment committee, welcomed Montijano-Carbonell to the team and said that his experience will expand the firm’s value proposition to the litigation finance and legal assets market. Montijano-Carbonell will bolster Claimbnb’s investment expertise, working alongside the funder’s existing investment director, Victor Lobo. As LFJ reported in April 2024, this appointment builds upon Claimbnb’s expansion with the opening of an office in Madrid whilst the firm was conducting its third fundraising round. According to that previous announcement from the funder, Claimbnb had already investment in more than 30 opportunities with a total value of more than €150 million.

Commercial Legal Innovation

Law In Order Introduces Ground-Breaking eBundle Solution, Powered by Lexel’s GenAI Technology

Law In Order, the leading provider of comprehensive document and digital solutions for the legal industry and government, is proud to announce the launch of its latest eBundle solution, utilising Lexel’s latest innovation GenAI technology. This revolutionary integration marks a significant advancement in legal technology, offering enhanced efficiency, intelligence, and collaboration for legal professionals across Australia, Asia, and the Middle East.

The new eBundle solution harnesses the power of Lexel’s GenAI capabilities to streamline evidence management and digital bundle preparation for eHearings. GenAI brings advanced generative AI functionality that provides deep contextual intelligence on case materials, enabling lawyers and legal teams to process and analyse evidence faster, with greater accuracy and insight.

For nearly a decade, Law In Order has worked closely with LegalCraft, the creators of Lexel, to bring unparalleled technology solutions to legal professionals. This new initiative further solidifies the partnership, as both companies strive to push the boundaries of what legal tech can achieve.

Rey Penalosa, Law In Order’s Head of eHearings: “The integration of Lexel’s GenAI into our eBundle solution is a game changer. We’re excited to offer our clients an ‘All in One, integrated’ tool that not only simplifies the preparation process but also enhances their ability to present cases with precision. This collaboration strengthens our commitment to delivering the most innovative legal technology solutions to the market.” 

Vamsi Madiraju, Chief Operating Officer at LegalCraft, added, “Australia has always embraced Lexel technology, and it’s the perfect market for us to launch GenAI. Law In Order has been an integral partner for us in this journey, and we are thrilled to collaborate with them on this exciting new offering. The integration of GenAI into Law In Order’s eBundle solution will empower legal teams with unprecedented capabilities.”

About Law In Order 

Law In Order is a leading provider of end-to-end document and digital solutions, specialising in document production, eDiscovery management, and specialist court services. With a strong focus on innovation, the company is dedicated to empowering legal professionals with the tools and expertise they need to excel.

About LegalCraft 

LegalCraft is the creator of Lexel, a leading evidence management platform used by legal professionals globally. Lexel’s GenAI capabilities enhance legal workflows by providing AI-driven contextual intelligence on case materials, improving efficiency and accuracy in evidence management.

Case Developments Commercial

SEC Sues Father and Son over Fraudulent Mass Tort Funding Scheme

Whilst litigation finance is now a mature and established industry, this does not stop rogue actors from engaging in fraudulent schemes to try and reap personal benefit at the expense of unwitting investors.

Reporting by Bloomberg Law provides details on a lawsuit brought by the Securities and Exchange Commission (SEC) against a father and son in Florida who are accused of using a supposed litigation funding scheme to defraud investors out of $125,000. The lawsuit filed last Friday alleges that Michael Chhabra and Vineet “Vincent” Chhabra set up Tort Fund LLC in April 2019, claiming that the company would provide litigation finance to law firms, when in reality the pair used it as a personal fund for their own legal fees and miscellaneous expenses.

The SEC’s suit, which was filed in the United States District Court for the District of Columbia, claims that Tort Fund LLC’s owners had advertised the fund as a way for investors to support mass tort cases being brought against medical device and household product manufacturers, but did not enter into any funding agreements with law firms to do so. The $125,000 raised was then used to cover legal costs in Michael Chhabra’s own bankruptcy proceedings, paying for the pair’s personal expenses, with around $40,000 spent on maintaining the fraudulent scheme by paying individuals who solicited new investors. 

In its lawsuit, the SEC is asking the court to impose civil penalties and pay out the profits from the scheme, and to prohibit the pair from running any companies that have a class of securities registered in the future. The SEC’s filing can be read here.

Case Developments Commercial

Dutch Supreme Court Denies Sulu Heirs’ Appeal to Enforce Arbitration Award

The long-running dispute between Malaysia and the heirs to the Sultanate of Sulu has been one of the most high-profile cases in recent years, and one that has generated plenty of debate about the role of litigation funders in legal proceedings targeting national governments. A new development in the dispute has seen the Sulu heirs receive yet another unfavourable judgement, with potentially negative implications for their litigation funder, Therium Capital Management.

Articles in Bloomberg Law and Solicitors Journal covers last week’s ruling from the Supreme Court of the Netherlands, which dismissed the Sulu heirs’ appeal to enforce the disputed arbitration award given out by arbitrator Dr. Gonzalo Stampa in Paris. As a result of the Dutch Court’s ruling, the Sulu claimants will now have to cover the legal costs for the appeal and have lost the opportunity to enforce the award by seizing Malyasian assets in that jurisdiction. The finality of this ruling represents a blow to Therium, which invested $20 million in the Sulu heirs’ claim.

Azalina Othman Said, minister in the Malaysian Prime Minister’s Department (Law and Institutional Reform), stated: “Malaysia welcomes this landmark ruling as a momentous victory for the rule of law, representing a further step towards the end of the Sulu case and the preservation of the sanctity of international arbitration as an alternative form of dispute resolution.”

Therium did not respond to Bloomberg Law’s request for comment at the time of publication.

Commercial People Moves

Aperture Investors Hires Luke Darkow to Launch Litigation Finance Strategy 

Aperture Investors, an alternative asset manager and part of the Generali Investments platform, today announced that Luke Darkow has joined the firm to lead its new private credit Litigation Finance strategy. 

Darkow joins Aperture from Victory Park Capital, a global alternative investment manager, where he was a Principal and Portfolio Manager responsible for sourcing, analyzing, executing, and managing investments within the litigation finance asset class. Prior to Victory Park Capital, Darkow held roles at TPG Capital and Morgan Stanley. 

"With Aperture entering its next phase of growth, we see significant potential in specialty lending, particularly in litigation finance, which we believe remains a relatively underbanked asset class. Estimates suggest that the litigation finance market could double annually through 2035," said Peter Kraus, Chief Executive Officer and Founder, Aperture Investors. “Litigation Finance is a niche, relationship-driven sector—and Luke is no tourist. His expertise in both private and public debt investments, his deep network of law firms and legal service providers, and his ability to source opportunities and raise capital will allow us to build out this unique offering at Aperture.”

Litigation Finance involves the provision of third-party capital to help finance law firms or plaintiffs pursuing legal claims in exchange for, or collateralized by, a percentage of proceeds received upon the successful resolution of legal disputes. Aperture’s Litigation Finance strategy will primarily provide structured loans to law firms backed by expected legal fee receivables from procedurally mature, settled, and/or short duration legal cases, targeting uncorrelated returns.

“I’m incredibly pleased to join Aperture and help drive the firm into new opportunities in private credit with this niche, asset-based lending strategy,” commented Darkow. “As Aperture expands its slate of strategies and products, I’m also attracted to the intellectual horsepower and best-in-class infrastructure within the broader firm.” 

About Aperture Investors 

Aperture is an alternative asset management firm offering credit and equity strategies in commingled and bespoke portfolios for institutional investors. Aperture's mission is outperformance, and it is focused on identifying portfolio managers who it believes have a unique edge and can consistently deliver innovative, solutions-oriented investment results throughout market cycles. Since inception, Aperture has steadily grown its breadth of products, and as of August 31st, it manages approximately $4 billion. Its investment strategies are diversified across asset classes and geographies – each managed by a dedicated investment team – with distribution across North America, Europe, Middle East and Asia. 

Aperture Investors was founded in 2018 and is led by industry veteran Peter Kraus and by Generali, one of the largest global insurance and asset management providers. For more about Aperture, visit us at www.apertureinvestors.com.

Community Spotlights

Community Spotlight:  Danny Kinnear, Founder, EAKO Capital

By Danny Kinnear |

Danny Kinnear, founder of EAKO Capital, leverages his experience with top financial institutions like Deutsche Bank, Nomura, and Litigation Capital Management to offer innovative financial solutions to corporates, law firms, and funders.  EAKO partners with Google Ventures and Visa-backed entities, as well as major banks, to provide:

  • Rapid bank account setup (48-72 hours)
  • Diverse funding options (on both a recourse and non-recourse basis)
  • Competitive foreign exchange services (a demonstration of how much we can save you, look here)
  • Forward credit lines for risk management hedging purposes
  • FX options and structured solutions
  • Risk management consultancy to resolve complex situations – through our extensive network we can find solutions to most currency problems

Company Name and Description:   EAKO Capital helps law firms, companies, and asset managers access a range of funding and financial risk management solutions.

Company Website:  www.eakocapital.com

Year Founded:  2022

Headquarters:   Supporting clients globally out of London, United Kingdom

Area of Focus:  Comprehensive financial support through multi-currency accounts, currency and interest rate hedging, cross-border & mass payment solutions, and the provision of access to funding, including litigation finance.

Member Quote: “EAKO combines deep banking expertise with technology to deliver intelligent, cost-effective currency and funding solutions to business and asset managers operating internationally.”

Community Spotlights

Community Spotlight: Aaron Winston, Strategy Director, Express Legal Funding

By Aaron Winston |

Aaron Winston is an author and the Strategy Director at Express Legal Funding, bringing over a decade of experience in the consumer finance industry. In recent years, Aaron has risen to be recognized as an expert in SEO and law firm content marketing, being featured in multiple case studies.

Aaron leverages his deep understanding of digital strategies to enhance Express Legal Funding's online presence and brand authority with hundreds of thousands of unique website visitors annually. His approach combines analytical precision with creativity, making him a thought leader in the fields of pre-settlement funding and search engine marketing.

Company Name and Description: Express Legal Funding is a nationally recognized and trusted pre-settlement funding company and brand based in Plano, Texas, and is dedicated to providing fair, fast, and affordable financial support to claimants bringing personal injury and other tort claims.

Company Website: https://expresslegalfunding.com/

Year Founded:  2015

Headquarters:  5717 Legacy Drive, Suite 250, Plano, Texas 75024

Area of Focus: Pre-settlement Funding, SEO, Content Marketing, Law Firm Digital Marketing and Websites

Member Quote: Can a pre-settlement funding company really be a household name if most people aren't even aware the industry exists?

Commercial Regulatory Issues

EU Stakeholder Survey Aims to Inform Litigation Finance Policy

By Tom Webster |

The following is a contributed piece by Tom Webster, Chief Commercial Officer at Sentry Funding.

An EU stakeholder survey is gathering practical information on the operation of third-party funding across the European Union. The study, ‘Mapping Third Party Litigation Funding (TPLF) in the European Union’, was given an extended deadline of 3 September 2024.

Conducted by Civic Consulting and the British Institute of International and Comparative Law (BIICL), the research will help the European Commission analyse the legal framework and practical operation of litigation funding in the EU and make policy decisions in the area.

The survey seeks views from stakeholders with experience of third-party funding, including funders, lawyers, consumer organisations, other businesses, public authorities, members of the judiciary and others. As well as questions seeking to discover the extent of funding activity in each EU jurisdiction and typical levels of investment, it also asks for views on both positive and negative effects of litigation funding.

In relation to positive effects, the survey asks a number of questions including whether respondents have observed that current litigation funding practices lead to better access to the courts for parties who could not litigate without funding; whether there is a deterrent effect on companies that serve consumer markets due to the threat of mass claims relating to unsafe products or unfair practices; and whether respondents have seen a filtering effect on claims as those with a low chance of success will not be funded.

In relation to negative effects, questions include whether respondents have observed conflicts of interest; undue influence on decisions such as settlements and appeals; and the funding of frivolous claims.

The EU survey is just one of a number of projects currently examining the litigation funding sector. Also focusing on the EU market, the European Law Institute is undertaking a substantial research project with the aim of establishing a set of principles to identify the issues that should be taken into account when entering into litigation funding agreements.

Meanwhile in the UK, the Legal Services Board recently published a report on litigation funding in England and Wales (https://legalservicesboard.org.uk/wp-content/uploads/2024/05/A-review-of-litigation-funding.pdf), and the Civil Justice Council has embarked on a wide-reaching review of the sector (https://www.judiciary.uk/related-offices-and-bodies/advisory-bodies/cjc/current-work/third-party-funding/) which will include recommendations in relation to the future regulation of the industry.