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Litigation Funders Pursuing Law Firm Ownership Through Arizona ABS Rules

By Harry Moran |

As the legal funding industry continues to mature and grow, funders are keen to explore new opportunities to commit their capital to legal disputes, either through direct or indirect routes. One example of the latter approach can be found in law firm funding, with funders looking to embrace opportunities in jurisdictions that allow for outside investment or ownership of law firms.

An article in Bloomberg Law examines the influx of capital into Arizona from litigation funders and private equity firms who are seeking to acquire stakes in law firms, following the state’s reforms of rules governing law firm ownership and alternative business structures (ABS). The article states that of the 76 applications for an ABS that have been approved since 2020, at least 15 of these applications have involved litigation funders or private equity firms.

Bloomberg Law’s reporting reveals that the litigation funders behind these moves into ABS ownership models of Arizonan law firms include: Pravati Capital, Virage Capital Management, Counsel Financial, Bespoke Capital Consulting and 777 Partners. 

One example given is the 1787 legal group, which was formed in 2023 by Pravati Capital’s CEO Alexander Chucri, who owns 80 percent of the company through Arizona Legal Ventures LLC. Similarly, the article covers an ongoing venture pursued by Armadillo Litigation Funding alongside the Houston-based Johnson Law Group, the ABS Bay Point Legal Partners, and ARCHER Systems settlement administrator. In this case, both Armadillo and Johnson Law Group are already owned by the same individuals.

Boris Ziser, based partner and co-head of the finance group and global leader of the litigation funding practice at Schulte Roth + Zabel, told Bloomberg that Arizona’s reform of the ABS rules “didn’t introduce a new concept in terms of funding or financing of a law firm’s business, what it did was changed the way one can provide that funding.” Ziser goes on to explain that “what the Arizona ABS enables the law firm to do is actually funding, or investing, in an equity form rather than debt and that could have a lot of appeal.”

The article goes on to explain that despite these firms being based in Arizona, the ABS model still allows them to pursue case opportunities nationwide, as the lawyers at the firm can co-counsel with firms based in other states.

Deminor Funding Paralympic Athlete’s Lawsuit Against IPC

By Harry Moran |

Supporting access to justice remains one of the core benefits that litigation funding brings to legal systems all around the world, with third-party funders providing the desperately needed resources for smaller litigants to fight against well-resourced defendants. This is epitomized in a case where a funder is supporting a Paralympic athlete’s fight for justice against the sport’s governing body.

An announcement from Deminor Litigation Funding revealed that it is funding a lawsuit brought against the International Paralympic Committee (IPC) by Brazilian Para swimmer André Brasil. The lawsuit has its origins in World Para Swimming’s (WPS) revision of its classification system for the Paralympic Games in 2018, which led to André Brasil being reclassified as ineligible to compete. Following this decision, Brasil and the Brazilian Paralympic Committee (CBP) initiated legal proceedings against the IPC in Germany, arguing that the classification system violates both human rights, and German and European antitrust laws. 

At first, the Cologne Regional Court rejected these arguments and sided with the IPC, but this was eventually overturned by the Düsseldorf Court of Appeal, ruling that the IPC’s position as a monopoly meant that it ‘had an obligation to grant the Athlete a sufficient grace period in order to prepare him for the rule change and his potential ineligibility.’ The court ordered the IPC to pay André Brasil damages, but the IPC is now seeking to appeal the decision at the Federal Court of Justice.

André Brasil is being represented by Counsel Alexander Engelhard and a team of attorneys from Arnecke Sibeth Dabelstein. Engelhard expressed gratitude to have “a reliable and value-driven litigation funder in Deminor” supporting the lawsuit, and said that “together we will do what it takes to allow the Federal Court of Justice to decide in the Athlete’s favour.”

Dr. Malte Stübinger, General Counsel Germany at Deminor said, “By supporting André, we are advocating for a broader change that champions the rights and fair treatment of all athletes. It's essential that we address these systemic issues to ensure that the spirit of competition remains just and equitable for everyone.”

CASL Targets Australian Investors in Launch of New $150M Litigation Fund

By Harry Moran |

Leading Australian litigation funder CASL today launched a $150 million fund giving local investors the opportunity to participate in funding of selected new class actions including product liability and other mass consumer claims, commercial litigation and insolvency claims. 

CASL Fund 2 is expected to appeal to Australian sophisticated investors seeking exposure to a truly alternative asset class with attractive risk-adjusted returns and a capital-protected option. The fund is well suited to high-net worth individuals, family offices and foundations seeking to diversify into uncorrelated ESG assets. 

Co-founded in 2020 by two of Australia’s most experienced litigation funders, John Walker and Stuart Price, CASL has quickly established a reputation as an astute backer of legal claims in the competitive Australian market. The two completed actions filed with the backing of CASL’s inaugural $156 million fund since 2022 have returned 165% to investors; another 11 actions are in progress. 

Considered a pioneer of litigation funding in Australia, CASL Executive Chair John Walker co-founded IMF Bentham, now Omni Bridgeway, in 1998 while CASL CEO Mr Price was CEO of Litigation Lending Services for six years prior to co-founding CASL. 

Mr Price said litigation funding had an important role to play in levelling the legal playing field for victims of corporate or government misconduct, and investors were important partners in this process. 

“In global terms Australia is a receptive jurisdiction for the filing of group claims and funded actions but there is increasingly a premium on funders with proven expertise in sourcing and qualifying claims, and managing them to a successful resolution,” Mr Price said. 

“CASL brings that – our team has a proven record for deploying funds efficiently in support of worthy claims and generating strong financial outcomes for both claimants and investors. 

“We see a healthy pipeline of potential new actions in Australia with good prospects and considerable upside for investors willing to fund them. This fund will be a rare opportunity for investors to participate in a purely domestic litigation funding play backed by an experienced local team with a proven record for generating returns for investors. Early indications are we have $30 million in investor pre-commitments so there is clearly an appetite for litigation funding as an alternative asset class.” 

The combined success rate of 183 funded claims involving Mr Walker or Mr Price since 1996 is 92%. These cases have delivered settlement proceeds of $2.6 billion with an average duration of two and half years. 

The launch of CASL Fund 2 comes amid a changing landscape for class actions in Australia, with consumer actions overtaking securities actions as the leading type of funded claim, reflecting the development of effective legislation to hold large corporates to account. 

An innovative feature of the CASL Fund 2 offer is the ability of investors to elect a capital-protected allocation option with a discounted target return.

Key features of the offer include:

 CASL Fund 2: Up to $150m, Class A and Class B Units
 Class AClass B
Capital protectionYesNo
Fund term5 years
(2 years investment, 3 years harvest)
Hurdle rate per annum10%12%
Performance fee (after hurdle, fees and costs)40%25%
Management fee (% of capital commitment) per annum2%2%

Funds raised will be deployed only into new actions, with all existing funded matters funded by CASL Fund 1. No distinction will be made between Class A and B funds for the purposes of funding actions. 

An estimated $200m to $300m is deployed by litigation funders supporting legal claims in Australia, excluding law firms’ funding of actions from their own balance sheets. The most active sources of funding for Australian actions are based offshore and include hedge funds and specialist asset managers, many domiciled in tax-friendly jurisdictions such as the Cayman Islands and Channels Islands, attracted to Australia’s relatively receptive environment for group claims. 

CASL’s Fund 2 will be an Australian-domiciled unit trust. Bell Potter is lead manager for the CASL Fund 2 capital raise. 

Mr Price said: “Agility and responsiveness are important in selecting claims and bringing litigation – being based locally, CASL has the advantage of being able to move and make decisions quickly when required.” 

To coincide with the fundraise CASL announced that Ian Stone, former Group Managing Director and CEO of RAA, would join the Board of CASL’s Trustee entity CASL Funder Pty Limited. Tania Sulan, former Managing Director and Chief Investment Officer - Australia for Omni Bridgeway will also join the CASL Investment Committee. Visit www.casl.com.au for more information about CASL Fund 2.

£2.7 Billion Competition Claim Filed Against Amazon, Funded by Innsworth

By Harry Moran |

Following on from the news LFJ reported earlier this month that Amazon was already facing one class action claim in the UK, we have now had confirmation that a second claim has been filed against the online retailing giant over allegations that it has engaged in anticompetitive behaviour.

An announcement from Geradin Partners reveals that a claim has today been filed against Amazon before the Competition Appeal Tribunal (CAT), which alleges that Amazon’s anticompetitive practices discriminated against third-party sellers and harmed their businesses. The opt-out claim is valued in excess of £2.7 billion and is being brought by Professor Andreas Stephan, professor of competition law at the University of East Anglia, on behalf of more than 200,000 UK third-party sellers on Amazon who used a “professional” selling account on the site between June 2018 and June 2024.

The claim alleges that Amazon has engaged in a wide variety of anticompetitive abuses, including discriminating in favour of its own retail sellers and conditioning third-party sellers’ access to its Amazon Prime service to the use of its own Fulfilment by Amazon (FBA) logistics services. As a result of this conduct, the claim argues that these third-party sellers have been harmed through lost sales, as well as higher costs and paid fees to Amazon. 

Commenting on the announcement, Professor Stephan said: “Amazon has engaged in a variety of strategies to grow its e-commerce platform, lock sellers into it, prevent the expansion of rivals, and use its market dominance to exploit the hundreds of thousands of sellers in Britain that use its platform.” Damian Geradin, founding partner of Geradin Partners, explained that this opt-out claim “gives sellers the opportunity to seek redress for the significant harm they have suffered.”

In a post on LinkedIn, Damian Geradin confirmed that Innsworth Advisors Ltd. is providing litigation funding for the case.

Professor Stephan’s legal team is being led by Geradin Partners, alongside Kieron Beal KC of Blackstone Chambers, Daniel Carall-Green and Hannah Bernstein from Fountain Court Chambers. The claim is also being supported by advisors from Frontier Economics, and a consultative council that includes former Supreme Court president Lord Neuberger, Stephen Robertson, former Director General of the British Retail Consortium, and commercial litigation specialist Sue Prevezer KC.More information can be found on the claim website.

Almaden Announces Litigation Financing of up to $9.5 million

By Harry Moran |

Almaden Minerals Ltd. (“Almaden” or “the Company”; TSX: AMM; OTCQB: AAUAF) is pleased to announce that further to its press release of June 17, 2024, it has confirmed non-recourse litigation funding in the amount of up to US$9.5 million to pursue its international arbitration proceedings against the United Mexican States (“Mexico”) under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”). The Company has also agreed with Almadex Minerals Ltd. (“Almadex”) to an extension to the maturity of its gold loan, and a litigation management agreement to help streamline corporate management of the arbitration process.

  • Non-recourse funding secured to pursue international arbitration proceedings against Mexico;
  • Globally leading counterparty validates quality of legal claims;
  • Gold loan maturity pushed out from March 31, 2026 to March 31, 2030;
  • Litigation Management Agreement streamlines corporate management of the arbitration proceedings to save money and time.

Litigation Financing

The Company has signed a litigation funding agreement (“LFA”) with a leading legal finance provider. The facility is available for immediate draw down for Almaden to pursue damages against Mexico under the CPTPP resulting from Mexico’s actions which blocked the development of the Ixtaca project and ultimately retroactively terminated the Company’s mineral concessions, causing the loss of the Company’s investments in Mexico.

The LFA provides funding which is expected to cover all legal, tribunal and external expert costs of the legal claims, as well as some corporate operating expenses as may be required. The funding is repayable in the event that a damages award is recovered from Mexico, with such repayment being a contingent entitlement to those damages.

The financing follows extensive due diligence by the finance provider. The financing size as well as the quality of the provider is testament to the strength of the Company’s legal claims against Mexico.

Gold Loan Amendment

The Company is also pleased to report that it has agreed with Almadex to extend the maturity of the gold loan (see press release of May 14, 2019) from March 31, 2026 to the earlier of March 31, 2030 or the receipt by Almaden or its subsidiary of any amount relating to its legal claims against Mexico.

In return for this amendment, in addition to its obligation to repay the gold loan, the Company has agreed to pay Almadex 2.0% of the gross amount of any damages award that Almaden may receive as a result of the legal claims, such repayment to be subordinate to amounts due under the LFA, and any additional legal and management fees.

Litigation Management Agreement

Finally, the Company has agreed with Almadex and its Mexican subsidiary to streamline the management of the arbitration proceedings by entering into a Litigation Management Agreement (“LMA”). Under the LMA, Almaden will bear the up-front costs of the arbitration and provide overall direction to the arbitration process for itself and its subsidiaries, as well as Almadex and its subsidiaries, with certain limitations. Almadex will remain a party to the arbitration and continue in its cooperation and support of the process. As noted above, Almaden has already secured litigation funding in the amount anticipated to be needed to fully prosecute the arbitration proceedings.

Should the arbitration proceedings result in an award of damages, the pro rata portion of those damages, if any, which may be attributable to Almadex from the 2.0% NSR royalty it held on the Ixtaca project will be determined. Almadex’s award will consist of this pro rata portion, less its pro rata share of the costs of pursuing the legal claims, including the financing costs (the “Almadex Award”). Almadex will compensate Almaden in the amount of 10% of the Almadex Award in exchange for managing the claim proceedings.

Safe Harbor Statement

Certain of the statements and information in this news release constitute “forward-looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995 and “forward-looking information” within the meaning of applicable Canadian provincial securities laws. All statements, other than statements of historical fact, are forward-looking statements or information. Forward-looking statements or information in this news release relate to, among other things, the total potential cost of the legal claims and the sufficiency of the money available under the LFA to cover these costs, the ability of the LMA to streamline corporate management of the legal claims, and the result and damages arising from the Company’s request for arbitration.

These forward-looking statements and information reflect the Company’s current views with respect to future events and are necessarily based upon a number of assumptions that, while considered reasonable by the Company, are inherently subject to significant legal, regulatory, business, operational and economic uncertainties and contingencies, and such uncertainty generally increases with longer-term forecasts and outlook. These assumptions include: stability and predictability in Mexico’s response to the arbitration process under the CPTPP; stability and predictability in the application of the CPTPP and arbitral decisions thereon; the ability to continue to finance the arbitration process, and continued respect for the rule of law in Mexico. The foregoing list of assumptions is not exhaustive.

The Company cautions the reader that forward-looking statements and information involve known and unknown risks, uncertainties and other factors that may cause actual results and developments to differ materially from those expressed or implied by such forward-looking statements or information contained in this news release. Such risks and other factors include, among others, risks related to: the application of the CPTPP and arbitral decisions thereon; continued respect for the rule of law in Mexico; political risk in Mexico; crime and violence in Mexico; corruption in Mexico; uncertainty as to the outcome of arbitration; as well as those factors discussed the section entitled "Risk Factors" in Almaden's Annual Information Form and Almaden's latest Form 20-F on file with the United States Securities and Exchange Commission in Washington, D.C. Although the Company has attempted to identify important factors that could affect the Company and may cause actual actions, events or results to differ materially from those described in forward-looking statements or information, there may be other factors that cause actions, events or results not to be as anticipated, estimated or intended. There can be no assurance that our forward-looking statements or information will prove to be accurate. Accordingly, readers should not place undue reliance on forward-looking statements or information. Except as required by law, the Company does not assume any obligation to release publicly any revisions to on forward-looking statements or information contained in this news release to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

Wordsmith Raises $5M to Empower Lawyers to Scale with AI

By Harry Moran |

Wordsmith, the AI-powered legal assistant platform, has raised $5 million to transform the legal industry and unleash a new generation of hyper-skilled legal professionals.

The seed funding was led by Index Ventures, with participation from General Catalyst and angel investors including Skyscanner founder Gareth Williams. The investment is a sign of how applied AI is rapidly augmenting and enabling professional services – a shift as profound as the transition to digital devices and word processing 40 years ago.

“AI is not about replacing professionals. It's about making them better at their jobs,” explains Wordsmith CEO Ross McNairn. “Just as the word processor didn't replace writers, but instead made them more productive, Wordsmith is ushering in a new era of AI-assisted professional services.”

Wordsmith is solving a critical problem faced by in-house legal teams: the overwhelming volume of routine tasks that leave lawyers struggling to keep up with the demands of the business. From confirming policy details to contract analysis and complex financing, the demand for human judgment and the consequences of oversight are high – yet many of the outputs are repeatable and templated. Wordsmith customers get 90% of the through-put of a world-class lawyer and a 99% cost reduction versus going to a law firm, all within 60 seconds.

Hannah Seal, the partner at Index Ventures who led the investment, says: “Wordsmith is at the vanguard of a fundamental shift in how professional services are delivered. It’s not about replacement but augmentation. By harnessing the power of generative AI, they're not only transforming the legal industry, but also paving the way for a future in which AI-assisted professionals can provide better, faster, and more affordable services to their clients.”

Wordsmith was founded in 2023 by Ross McNairn, Volodymyr Giginiak and Robbie Falkenthal. After training as a lawyer, McNairn sold his first startup to Skyscanner in 2016 and most recently was Chief Product and Technology Officer at Travelperk. CTO Giginiak, one of the first engineers at Meta in London who worked for a decade in key roles at Facebook and Instagram, was helping to implement anti-drone technology for the Ukrainian army before joining Wordsmith. Robbie Falkenthal, COO, is a qualified lawyer who has previously held senior roles at KPMG and Travelperk.For additional information regarding Wordsmith visit https://www.wordsmith.ai/ and follow on LinkedIn.

Nakiki SE: New Litigation Funding Agreement, Value in Dispute EUR 5 Million: Funding for Defendant

By Harry Moran |

Nakiki SE announces that Legal Finance International GmbH has concluded a litigation financing agreement with a value in dispute of up to EUR 5 million. This litigation financing agreement relates to funding for the defendant:

In selected individual cases, Legal Finance also finances the legal costs of the opposing party or defendant and, in the event of victory, receives twice the legal costs incurred as well as a staggered one-off payment as a premium. In this case, the premium can be up to EUR 785,000.

NAKIKI SE
Johnsallee 30
20148 Hamburg
Germany

Andreas Wegerich, CEO Nakiki

Armadillo Litigation Funding Welcomes Nicole Bakare, Esq. as New Managing Director

By Harry Moran |

Armadillo Litigation Funding, a premier and trusted alternative asset class litigation funding company, is pleased to announce the appointment of Nicole Bakare, Esq. as the new Managing Director. In this role, Ms. Bakare will enhance and expand the underlying credit offering of the company's platform and assist in monitoring current portfolios, contributing to the strategic growth and success of the firm and its clients.

Ms. Bakare joins Armadillo Litigation Funding from the Houston office of a large multinational law firm, where she represented corporate clients across a variety of industries in all phases of civil litigation, including state and federal courts, arbitration, and bankruptcy-related litigation. Her extensive experience and dedication to excellence make her a valuable addition to the Armadillo team.

"We are thrilled to have Nicole Bakare join our team," said Jeff Manley, Chief Operating Officer of Armadillo Litigation Funding. "Her legal expertise and strategic insight will be instrumental in driving our investment evaluation processes and enhancing our portfolio, ultimately benefiting the firms we serve by providing more effective and targeted funding solutions."

Ms. Bakare is a graduate of The University of Michigan and Tulane University Law School. She has been a member of the State Bar of Texas since 2006. Throughout her career, she has held prominent positions at Greenberg Traurig, LLP; Cozen O'Connor; Doyle, Restrepo, Harvin & Robbins LLP; and served as a briefing attorney to Justice Evelyn V. Keyes at the Court of Appeals for the First District of Texas.

Ms. Bakare expressed her enthusiasm about joining Armadillo Litigation Funding, stating, "I am honored to join Armadillo Litigation Funding, a firm renowned for its excellence and commitment to providing top-tier funding solutions in the complex litigation space," said Nicole Bakare. "I look forward to leveraging my experience to support our clients and help drive their success through strategic investment evaluation and dedicated service."

For more information about Armadillo Litigation Funding and its services, please visit www.armadillolf.com.

About Armadillo Litigation Funding: Armadillo Litigation Funding is a leading provider of alternative asset class funding in mass tort, consumer, and commercial litigation. Armadillo offers general obligation loans secured by the borrowers' interests in current and future awards, including, but not limited to, contingent fees.

Chambers & Partners Release its Litigation Support Guide for 2024

By Harry Moran |

The Chambers & Partners rankings provide an annual guide to the top firms in each region and practice area, as well as highlighting the established industry leaders alongside the rising stars to watch in these companies.

Today, Chambers & Partners released its Chambers Litigation Support Guide for 2024, which includes rankings for 337 individual practitioners and more than 376 firms, including practice areas such as litigation funding, forensic accounting, business intelligence and investigations, and PR and communications. 

In the Global-wide ranking covering litigation funding for international arbitration, Chambers ranked 11 firms across three bands. Burford Capital, Litigation Capital Management, Therium Capital Management, Fortress Investment Group, and Omni Bridgeway are listed in Band 1. Bench Walk Advisors, Harbour Litigation Funding, Parabellum Capital, and Nivalion are listed in Band 2. Profile Management and Tenor Capital Management are the two firms listed in Band 3.

The guide also contains regional litigation funding rankings for Australia, Canada, Europe, Latin America, the Middle East, South-East Asia, the United Kingdom, and the United States. Across several of these regions, the guide also provides rankings for litigation funding brokers, insurers, and underwriters.

A new addition to this year’s guide is the rankings for Litigation Finance Deal Counsel in the USA, with these rankings recognising ‘law firms advising on litigation funding agreements.’ This ranking includes Parker Poe Adams & Bernstein and Schulte Roth & Zabel in Band 1, with Levenfeld Pearlstein, Much Shelist, and McDonald Hopkins in Band 2.All the rankings can be accessed through the Chambers Litigation Support Guide hub.