April 20, 2020, Chicago IL--Delta Capital Partners Management LLC, a global private equity firm specializing in litigation and legal finance, today announced the hiring of a new senior executive. Martin Lueck has been hired as a Senior Managing Director to work closely with Delta’s CEO and other senior executives on deal origination, due diligence, and strategic development matters. Prior to joining Delta, Mr. Lueck was a litigator for over 35 years, spending the last 20+ years at Robins Kaplan LLP. While at Robins Kaplan representing plaintiffs, he amassed numerous eight- and nine-figure trial victories as lead counsel against Fortune 500 defendants. Mr. Lueck was also a dominant force on the Management Committee while at Robins Kaplan, where he evaluated, modified, approved, or rejected the firm’s contingent, incentive and alternative fee arrangements. Mr. Lueck was Chairman of the Executive Board from 2008 to 2019. His experience lends immeasurable insight into the factors that best predict successful outcomes, as well as pragmatic strategies that lead to consistent returns. As a result of his notable trial success, Mr. Lueck was named one of the Nation’s Top-10 trial lawyers by the National Law Journal in 2004 and is a fellow in the International Academy of Trial Lawyers, which is limited to 500 US trial attorneys, and the American College of Trial Lawyers. Christopher DeLise, Delta’s Founder, CEO and CO-CIO, stated, “We are honored to have someone with Marty’s talent and experience joining Delta’s senior management team as he will enable Delta take the next step in its evolution. His experience as a top-tier litigator and his management of his former firm’s contingency fee engagements are extremely complementary to Delta’s litigation finance business and enhance our ongoing commitment to provide unparalleled service to claimants, law firms, professional service providers, and other end-users of litigation and legal finance around the world.” Mr. Lueck joins Delta as the firm continues to expand to meet the growing liquidity and other financing needs of law firms, businesses, private investment funds, and individual claimants affected by recent macroeconomic developments, including those resulting from the COVID-19 pandemic. Demand for Delta’s proprietary liquidity solutions (DLS), including those involving litigation-collateralized loans (LCLs), term loans and draw-down facilities, has skyrocketed over the past month. About Delta Delta Capital Partners Management LLC is a US-based global private equity firm specializing in litigation and legal finance, judgment enforcement, asset recovery, and related strategies serving claimants, businesses, private investment funds, law firm and other professional service firms across the world. The firm provides capital and expertise that enables such parties to shift risk, significantly enhance the probability of a successful and timely resolution of claims, and/or maximize the effectiveness of their businesses.

On Thursday, Litigation Finance Journal held a special digital conference on how litigation funding and the broader legal services sector have been impacted by COVID-19. Ed Truant of Slingshot Capital moderated an expert panel, which included Eric Blinderman, CEO (U.S.) of Therium Capital, Paul Haskel, Partner at Richards, Kibbe & Orbe, LLP, and Ralph Sutton, Founder and CEO of Validity Finance.  The conversation opened on the macro implications of the COVID-19 pandemic, and how the broader legal industry is being impacted. Paul Haskel, the one practicing attorney on the panel, opened the discussion by explaining that firms are experiencing a decline in revenue, and anticipate that continuing. Staff reductions and hiring freezes have become commonplace. And due to financial scarcity, firms that have never before considered third party funding, are now taking a close look at industry utilization. In line with what's happening across industries, law firms both large and small are also focusing on investing in tech tools to reduce costs, and reevaluating the need for real estate, as working from home becomes more palatable for many roles.  Mid-way through the hour-long conference, the topic shifted to COVID-19's impact on litigation funding. Below is a small sampling of the Q&A that took place:   Ed: How do you see the changes in Force Majeure claims in the future, given that many such contracts don’t include clauses specific to pandemics? Paul: Force Majeure has to be specifically cited, and it’s rare to see a clause that refers to a pandemic. Historically these claims have been read narrowly. What will be fascinating to see, is how courts interpret this going forward. What happens if a contract wasn’t specific about pandemics, and was this unforeseeable?  Ed: Are Force Majeure claims a good bet for lit funding? Or are they too subjective in nature? Eric: This turns on the four pillars of underwriting. Likelihood of success on the merits, damages, timing of recovery, judgment of the lawyers. Most FM clauses still trigger payment obligations even if other obligations are negated. The question then becomes whether or not they have the ability to pay.  Ralph: I think firms that only dabble in funding would do better to focus on their own houses.There will likely also be fewer new firms getting into lit fin for the foreseeable future. Those who are funding can be much pickier as there will be so many opportunities to fund. Ed: How will hedge funds impact the markets?  Paul: Over the last five years, hedge funds have created platforms in litigation finance. Overall, everyone is waiting to see what happens with the market. I represent a lot of multi-strategy hedge funds, and they are all hesitant to enter into new investments right now. I agree that there is much more opportunity out there, it just depends on who is putting capital to use.  Ralph: I would expect that hedge funds that dabble in litigation finance and don't have an entire dedicated unit, but maybe just one person or two people looking at the space, that they'd rather focus on their corse business and ensure that they are keeping their powder dry to focus on things they understand much better. I also think there will be fewer new litigation finance companies launched in the near future, because the capital will be more frightened of folks who do not have track records. That said, folks with strong track records can expect to find limited partners willing to fund them. Ed: Where would you expect to see the most activity over the next 6-12 months? Ralph: The majority of claims for us are still commercial. 25% or so is patent, which will probably continue. I think we’ll do a lot more insurance recovery. Eric: There’s an immediate need to look for revenue streams, and insurance policies is an area everyone is turning to. We can expect a wave of class action suits as well. People are hurting and plaintiff-side lawyers are looking for someone to blame. Ed: For new opportunities, have your underwriting procedures changed at all, or is there more emphasis on certain underwriting aspects today than there was a month or two ago.  Ralph: We haven't changed our criteria at all. Most funders turn down over 90% of the opportunities that come to them. I don't think that's going to change dramatically. Eric: I agree exactly with what Ralph said. The fundamentals matter. There's no shortcuts, no secrets. You need to focus on the core basics of what makes you successful, and if you do that, you'll make it through this crisis. Ed: Last question, if there is a significant increase in cases, is there sufficient capital in the marketplace to meet demand? Paul: There will be less capital in the market, and what’s there will be more selective and seeking a higher rate of return than is currently there. So I think there will be an opportunity for funders to be even more picky, going forward.  Eric: I agree with Paul, although I don't generally foresee us changing our capital structure. We're pricing risk. There is a tremendous ability for litigation finance companies to be more selective, as opposed to less. Ed: What about you, Ralph, are you going to run out of money or are you good? Ralph (laughs): I think we’re good.

SAN CARLOS, Calif., April 14, 2020 (GLOBE NEWSWIRE) -- BioCardia, Inc. (Nasdaq: BCDA), a leader in the development of comprehensive solutions for cardiovascular regenerative therapies, today reported it has entered into an agreement for litigation financing which has been filed today with the Securities and Exchange Commission on Form 8-K.

BioCardia, Inc. entered into a Litigation Funding Agreement with BSLF, L.L.C., an entity owned and controlled by Andrew Blank, a member of BioCardia’s board of directors, for the purpose of funding the Company’s currently pending legal proceedings and any and all claims, actions and/or proceedings relating to, or arising from, the case captioned Boston Scientific Corp., et al., v. BioCardia Inc., Case No. 3:19-05645-VC, U.S.D.C., N. D. Cal (the “Litigation”). The Litigation relates to matters the Company raised in a letter to Ms. Surbhi Sarna, nVision Medical and Boston Scientific based on BioCardia’s discovery in January 2019 that Ms. Sarna had assigned to a company she founded, nVision Medical, a patent and patent applications she had filed while a BioCardia employee. nVision subsequently was acquired by Boston Scientific.

BioCardia made various claims, including that the patent and patent application rightfully belonged to BioCardia pursuant to Ms. Sarna’s invention assignment agreement, that the proceeds from the sale of nVision to Boston Scientific rightfully belonged to BioCardia because they were the direct result of Ms. Sarna’s breach of her obligation to assign to BioCardia the patent and patent applications and the use of misappropriated BioCardia trade secrets.  On September 6, 2019, Boston Scientific Corporation, Boston Scientific Scimed Inc., and Fortis Advisors LLC (the “Boston Scientific Parties”) filed a complaint against BioCardia in the United States District Court Northern District of California, Case no. 3:19-05645-VC, seeking declarations that the claims made in BioCardia’s correspondence were without basis. On October 31, 2019, BioCardia filed a counterclaim against the Boston Scientific Parties and Ms. Sarna for breach of contract, misappropriation of trade secrets and correction of inventorship on the patents naming Ms. Sarna as an inventor. BioCardia seeks imposition of constructive trusts both on the patents naming Ms. Sarna as an inventor and the proceeds received from the sale of nVision to Boston Scientific, as well as damages, including unjust enrichment damages measured by the proceeds received from the sale of nVision to Boston Scientific.

Under the terms of the Funding Agreement, the Funder agreed to fund the legal fees and costs incurred by the Company in connection with the Litigation on and after March 1, 2020 on a non-recourse basis in return for a share of the litigation proceeds.  Details of the Funding Agreement are available in the Form 8-K filed today.

BioCardia CEO Peter Altman, PhD, said, “This litigation financing gives BioCardia the wherewithal to pursue its claims in court. This preserves our investment focus on advancing our important cell therapy product pipeline to treat cardiovascular diseases, and the commercialization of our FDA-approved enabling device products.”

About BioCardia® BioCardia, Inc., headquartered in San Carlos, California, is developing regenerative biologic therapies to treat cardiovascular disease. CardiAMP™ and CardiALLO™ cell therapies are the Company’s biotherapeutic product candidates in clinical development. The Company's current products include the Helix™ transendocardial delivery system, the Morph® steerable guide and sheath catheter portfolio and the AVANCE™ steerable introducer family. BioCardia also partners with other biotherapeutic companies to provide its Helix systems and clinical support to their programs studying therapies for the treatment of heart failure, chronic myocardial ischemia and acute myocardial infarction. Forward Looking Statements  This press release contains forward-looking statements that are subject to many risks and uncertainties. In particular, the outcome and timing of litigation are uncertain.  These forward-looking statements are made as of the date of this press release, and BioCardia assumes no obligation to update the forward-looking statements.

The first episode in this series is titled "An Introduction to a New Yet Old Funding Alternative" and is co-produced by West LegalEdCenter™. It will feature Jeremy Waitzman (Sugar Felsenthal Grais & Helsinger LLP); Dave Kerstein (Validity Finance LLC); Christopher Freeman (Burford Capital); and Joel Cohen (Stout). About the Series: Once a fledgling industry predominantly used in the Commonwealth nations, litigation funding has over the past ten years becomes a well-accepted and prevalent practice in the United States. As the industry has evolved, so too have the menu of available products, strategic decisions made by funders and practitioners, and types of investors. This three-part series is geared towards educating attorneys and clients on legal/ethical, strategic, and business decisions when considering litigation funding, and investors seeking to learn about an increasingly mainstream asset class. Panelists include preeminent experts in the field of litigation funding, including academics who have written on the topic, investment managers at preeminent litigation funders, litigators who have used funding products, and independent litigation funding advisors. About the Episode: Litigation funding is an increasingly-popular tool for attorneys and clients to share the risk and reward of litigation with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the "who," "what," "where," "when," "why" and "how's" behind litigation funding. To learn more and register, click here. The webinar will be available on-demand after its premiere. As with every Financial Poise Webinar, it will be an engaging and plain English conversation designed to entertain as it teaches. About Financial Poise – Financial Poise has one mission: to provide reliable plain English business, financial and legal education to investors, private business owners and executives, and their respective trusted advisors. Financial Poise content is created by seasoned, respected experts who are invited to join our Faculty only after being recommended by current Faculty Members. Our editorial staff then works to make sure all content is easily digestible. Financial Poise is a meritocracy; nobody can "buy" their way into the Financial Poise Faculty. Start learning today at https://www.financialpoise.com/

CALDWELL, N.J., April 13, 2020 /PRNewswire/ -- Legal-Bay, the nation's leading lawsuit settlement funding company, announced today that they have committed to providing coronavirus relief with their new "feed or fund" program. Plaintiffs who may be seeking legal funding are now being given even more incentive to apply for a settlement loan with this latest unprecedented offer.

Families affected by the coronavirus may be unemployed right now, and Legal-Bay is determined to help them obtain their lawsuit settlement loans as soon as possible. The company is running a promotion for plaintiffs who have a pending lawsuit, but need cash now. The promotion will run from today until April 30, 2020, and works like this: Any clients that apply for a lawsuit loan or cash advance and are denied will be eligible to receive a $60 gift card to feed their family in this time of need. If your case is approved for funding, then Legal-Bay will proceed to fund you and you will not be eligible for the gift card.

To apply right now, please go to: http://lawsuitssettlementfunding.com or call 877.571.0405 where live agents are available 24 hours a day to assist you.

Chris Janish, CEO of Legal-Bay commented, "Unfortunately, people with pending lawsuits are already at a low point in their life, and having to deal with unemployment or illness due to Covid-19 is unimaginably difficult. Our 'feed or fund' promotion is geared toward letting plaintiffs know that we are open for business and able to fund them in this dire time.  And more importantly, if your case is denied you will not be left out in the cold, as we will be donating a $60 food card to any applicants who are denied legal funding over this period as well."

Legal-Bay has chosen Grubhub and Uber Eats along with other national vendors to assist them during this promotion because they can offer bulk gift cards quickly via email delivery to families in need. Legal-Bay expects to have all gift cards delivered electronically between May 1 and May 15.

The program is designed to add extra incentive to people who are at a particularly difficult time in life, or have been denied funding in the past because they have a prior contract. Legal-Bay is one of the best lawsuit funding companies because they accept applications on almost all lawsuits.  They are also the best legal funding company when it comes to large buyouts of prior lawsuit loans, whereas the original funding company has stopped funding.  Legal-Bay has a Best Price Guarantee for all their clients, so most times buyout cases can be refinanced at cheaper rates than the existing loan.  What this means is that it's possible to get an additional cash payment and yet still maintain the same payback terms. It costs nothing to inquire about refinancing options; the evaluation is free.

Here are just some of the cases that Legal-Bay will consider: Car and truck accidents, discrimination or wrongful termination, medical malpractice, sexual harassment and abuse, nursing home abuse, wrongful imprisonment, police brutality, labor law or construction accidents, Jones Act or maritime law, Fela or train accidents, personal injury, verdict on appeal cases, commercial litigation funding, civil cases involving general negligence, wrongful death, Hernia Mesh, IVC Filters, Round Up, Essure, attorney case cost funding, breach of contract, slip, trip, and falls, premise liability and more.

The following article is part of an ongoing column titled ‘Investor Insights.’  Brought to you by Ed Truant, founder and content manager of Slingshot Capital, ‘Investor Insights’ will provide thoughtful and engaging perspectives on all aspects of investing in litigation finance.  EXECUTIVE SUMARY

• Covid-19 will likely lead to the biggest financial crisis since the Great Depression
• The crisis has affected the solvency and viability of corporations and sovereigns
• Litigation managers need to re-assess collectability risk, immediately and regularly, of each defendant in their portfolio

INVESTOR INSIGHTS

• Diligencing litigation managers should involve a deep understanding of how they assess defendant collectability risk
• Defendant collectability risk is an ongoing risk that changes over time, therefore managers need a continuous risk assessment methodology
• Investors looking to invest in litigation finance secondaries to take advantage of the current dislocation should avoid single case risk and look to portfolio acquisitions, but must assess collectability risk across the portfolio being acquired

As Covid-19 has taken the planet and the legal community by surprise, I think there are some lessons learned from private equity that can be applied to litigation finance.  In short, focus on cash – its collection, generation, distribution and availability. So, how does this relate to Litigation Finance? This novel Coronavirus-driven healthcare crisis which has spiralled into a broad-based economic crisis, the likes of which the modern global economy hasn’t seen since the Great Depression, has had the effect of taking otherwise viable, profitable and cashflow positive businesses and stopping them in their tracks.  Overnight, certain businesses and industries have performed a complete one-eighty, whereby they went from solvent to being on the precipice of insolvency.  For many litigation finance firms, their immediate reaction has and should be to undertake an immediate and urgent review of the defendants involved in each and every case in which their portfolios have an investment, in order to re-assess collectability risk, one of the key areas of litigation finance underwriting. When an economy, especially a consumer driven economy like the US, effectively shuts down overnight, there are few industries and companies that will be spared from a diminution in their value and blockage from access to capital.  Former “recession-resistant” and “necessity” businesses have just experienced a new reality, which is that necessity is determined by context.  The current context states that the only necessity is feeding, hand washing, shelter and healthcare, and this has had a massive impact on the economy. While this too shall pass, the economic impacts will likely linger for a number of months and years.  The hope for a “V” shaped recovery has been dashed, as the crisis has extended beyond initial duration estimates.  My personal opinion is that it will at best look like a “U” shaped recovery with the possibility of a double “W”, meaning there will likely be some ups and downs along the way, should the dreaded “C-19” rear its ugly head again going into the next flu season, or should it fail to be contained due to premature ‘return to daily activity’ policy.  My hope is that the massive amounts of stimulus that are being pumped into the global economy actually make their way to the most hard-hit regions of the economy, namely ‘Mainstreet’, and thereby mitigate the damage that would otherwise be experienced for many small and medium-sized businesses on which most economies rely. While we tend to focus on home first, litigation funders should also be mindful that the economy is global.  As bad as developed countries think they may have it, fund managers who participate in the international arbitration market, which by definition, involve developing countries and corporations therein, need to be mindful that those defendants in developing countries will likely be even more greatly affected. Yes, even sovereigns. Those managers that are focused on patent litigation involving start-up technology companies should also ensure the plaintiff is solvent through the end of the litigation, not to mention the collectability risk of the defendant, which may have been negatively impacted. All of this is to say, that it is in the best interests of litigation finance managers to undertake a re-assessment of collectability risk of each and every defendant in their portfolio, and to do so on a regular basis for the foreseeable future.  Managers will need to assess (i) the degree to which the defendant’s industry has been impacted, (ii) the strength of each defendant’s business and balance sheet, (iii) the ability for the defendant (business or sovereign) to access sufficient capital to maintain solvency, (iv) the degree to which the value of such business has declined, (v) a study of the defendants’ behaviour during the last economic crisis, as it relates to litigation ongoing at that time, if any, (vi) determine the extent to which other parties have security and seniority ahead of the plaintiff’s claims and (vii) assess the defendants’ ability to raise capital outside of financing (i.e. asset sales, equity raises, etc.). Once a determination has been made as to the relative collectability risk, managers will then need to determine next steps with respect to protecting themselves from those cases where the defendant collectability risk has materially changed.  This may involve the withdrawal of any further financing provisions (to the extent the financing was milestone-based), partnering with other parties to share the increased risk of the case, or selling all or a portion of a case or a portfolio (although the manager would be selling into a weak secondary market with relatively few participants, which will be reflected in the valuation, if they can secure bids).  While the options may not be great, they may be better than investing ‘good money after bad’. Investor Insights For investors that are invested in the sector or considering making an investment in the litigation finance market, now is a good time to diligence how and the extent to which managers were on top of their portfolio in assessing collectability risk.  For those investors interested in secondary market opportunities, caveat emptor.  The risk profile for a single case secondary is much higher given the high level of uncertainty in today’s market so a portfolio of secondaries may be a better risk-adjusted avenue to pursue but the portfolio’s diversification benefits would not negate the need to reassess the collectability risk of each defendant in the portfolio.  Edward Truant is the founder of Slingshot Capital Inc., and an investor in the consumer and commercial litigation finance industry.

SYDNEY, 14 April 2020: Omni Bridgeway Limited (ASX:OBL) is delighted to announce the appointment of Raymond van Hulst to the Board of Directors, effective 9 April 2020. Mr van Hulst’s appointment follows the November 2019 merger of IMF Bentham and Omni Bridgeway and the adoption of the Omni Bridgeway name across the unified, global business. Mr van Hulst is a Managing Director of the Omni Bridgeway business that was acquired by OBL (then IMF Bentham Limited) in November 2019. Mr van Hulst has close to two decades of experience in structuring innovative solutions for complex and high value litigation funding and legal enforcement matters. He has a successful track record of managing the asset identification processes, enforcement strategies and settlement negotiations for multiple prominent (sovereign) awards and judgments. In addition, Mr van Hulst has established two institutionally backed funds (Fund 6 and Fund 7) aimed at funding legal disputes and enforcement matters, including with the International Finance Corporation, part of the World Bank. Before joining Omni Bridgeway, Mr van Hulst was with ABN AMRO Bank Structured Finance, based out of India and Europe and he holds an MBA from INSEAD. Mr van Hulst has been appointed as an additional director and will stand for election at the 2020 annual general meeting. Omni Bridgeway Chairman, Mr Michael Kay said: “I warmly welcome Raymond van Hulst to the Board as an executive director.  His leadership of Omni Bridgeway’s business in Europe and the Middle East and extensive global experience make him a valuable addition to our team.” ABOUT OMNI BRIDGEWAY Omni Bridgeway is a global leader in dispute resolution finance, with expertise in civil and common law legal and recovery systems, and operations spanning Asia, Australia, Canada, Europe, the Middle East, the UK and the US. Omni Bridgeway offers dispute finance from case inception through to post-judgment enforcement and recovery. Since 1986 it has established a proud record of funding disputes and enforcement proceedings around the world. Omni Bridgeway is listed on the Australian Securities Exchange (ASX:OBL) and includes the leading dispute funders formerly known as IMF Bentham Limited, Bentham IMF and ROLAND ProzessFinanz. It also includes a joint venture with IFC (part of the World Bank Group). Visit omnibridgeway.com to learn more.