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Esquire Financial Holdings, Inc. Reports Third Quarter 2019 Results

JERICHO, N.Y.Oct. 25, 2019 /PRNewswire/ -- Esquire Financial Holdings, Inc. (ESQ) (the "Company"), the holding company for Esquire Bank, National Association ("Esquire Bank"), today announced its operating results for the three and nine months ended September 30, 2019.

Significant achievements during the quarter include:

  • Net income increased to $3.8 million, or $0.49 per diluted share, for the current quarter compared to net income of $3.5 million, or $0.45 per diluted share for the quarter ended June 30, 2019.
  • Returns on average assets and common equity were 2.01% and 14.58%, respectively, as compared to 1.89% and 14.04% for the trailing quarter ended June 30, 2019.
  • Supported by a strong net interest margin of 4.82%, net interest income for the third quarter increased $1.5 million, or 20%, to $8.7 million compared to the same period in 2018.
  • Total assets increased 19% annualized, or $95.8 million, to $759.7 million when compared to December 31, 2018.
  • Loans increased 19% annualized, or $65.8 million, from December 31, 2018, to $533.9 million, primarily driven by our higher yielding commercial loan portfolio.
  • Continued solid asset quality metrics with 0.20% in nonperforming loans to total loans and an allowance for loan losses to total loans of 1.26% at September 30, 2019.
  • Merchant services fees increased 153% to $3.3 million compared to the quarter ended September 30, 2018. Total fee income represented 28.4% of total revenue for the quarter.
  • Efficiency ratio improved to 54.0% for the third quarter of 2019 compared to 55.7% for the second quarter of 2019.
  • Deposits totaled $644.5 million, a $76.1 million, or 18% annualized increase from December 31, 2018 with a cost of funds of 0.44% (including demand deposits). This growth was driven by our litigation and merchant platforms.
  • Average demand deposits represent approximately 40% of our average total deposits for the three and nine months ended September 30, 2019.
  • Esquire Bank remains well above the bank regulatory "Well Capitalized" standards.

"Our lending and merchant platforms continue to grow, driving strong performance metrics despite the current interest rate environment and economic outlook," stated Tony Coelho, Chairman of the Board. "We will continue to invest resources in both verticals."

"We continue to experience strong growth in our litigation platform despite excess liquidity in the alternative litigation finance market," stated Andrew C. Sagliocca, President and Chief Executive Officer.

Third Quarter Earnings

Net income for the quarter ended September 30, 2019 was $3.8 million, or $0.49 per diluted share, compared to $1.7 million, or $0.22 per diluted share for the same period in 2018. Returns on average assets and common equity for the current quarter were 2.01% and 14.58% compared to 1.07% and 7.66% for the same period of 2018. The prior year quarterly results included a one-time $859 thousand after tax compensation charge. Excluding this charge net income was $2.5 million, or $0.33 per diluted share in 2018. Returns on average assets and common equity were 1.62% and 11.57% excluding the compensation charge.

Net interest income for the third quarter of 2019 increased $1.5 million, or 20.2%, to $8.7 million, primarily due to growth in average interest earning assets totaling $113.0 million, or 18.6%, to $720.4 million when compared to the same period in 2018. Our net interest margin increased to 4.82% for the third quarter of 2019 compared to 4.75% in 2018. Average loans in the quarter increased $112.3 million, or 27.0%, to $528.3 million when compared to the third quarter of 2018. Loan growth was primarily driven by commercial loans representing organic growth funded with core deposits (total deposits excluding certificates of deposit). Core deposits represent 96.9% of total deposits at September 30, 2019 while our loan-to-deposit ratio was 82.8%.

The provision for loan losses was $425 thousand for the third quarter of 2019, a $25 thousand decrease from the comparable period in 2018. As of September 30, 2019, Esquire had nonperforming loans to total loans of 0.20%.

Noninterest income increased $1.7 million, or 93.1%, to $3.5 million for the third quarter of 2019 as compared to third quarter 2018. Our merchant services platform experienced strong growth, offset by decreased administrative service payment ("ASP") fees on off-balance sheet funds. Merchant processing income increased $2.0 million or 152.6% compared to the third quarter of 2018. This increase was due to the expansion of our sales channels through independent sales organizations ("ISOs"), merchants and additional fee allocation arrangements as we continue to focus on prudently growing this source of stable fee income. Other noninterest income, consisting primarily of ASP fee income, declined by $309 thousand compared to the quarter ended September 30, 2018. Our ASP fee income is impacted by the volume and duration of off-balance sheet funds as well as short-term interest rates.

Noninterest expense increased $274 thousand, or 4.3%, to $6.6 million for the third quarter of 2019 as compared to the third quarter of 2018. Excluding the aforementioned one-time pretax compensation charge totaling $1.2 million, noninterest expense increased $1.4 million for the third quarter of 2019. This increase was driven by increases in employee compensation and benefits, professional and consulting services and data processing costs. Employee compensation and benefits costs increased due to an increase in the number of employees as well as the impact of year end salary increases. Professional and consulting costs increased due to our IT enterprise-wide architecture assessments and other pre-development IT costs. Data processing costs were higher due to increased processing volume primarily driven by our core banking platform as well as additional costs related to certain system implementations. The Company's efficiency ratio continued to improve to 54.0% for the three months ended September 30, 2019 as compared to 56.8% for the same period ended 2018.

The effective tax rate for the third quarter of 2019 was approximately 27%. Year to Date Earnings Net income for the nine months ended September 30, 2019 was $10.3 million, or $1.32 per diluted share, compared to $5.9 million, or $0.76 per diluted share for the same period in 2018. Returns on average assets and common equity for the nine months ended September 30, 2019 were 1.90% and 13.86% compared to 1.35% and 9.19% for the same period of 2018. The prior year to date results included a one-time $859 thousand after tax compensation charge. Excluding this charge, net income was $6.7 million, or $0.87 per diluted share. Returns on average assets and common equity were 1.54% and 10.54% excluding the compensation charge. For the nine months ended September 30, 2019, net interest income increased $5.2 million, or 26.2%, to $25.3 million, primarily due to growth in average interest earning assets totaling $121.1 million, or 21.2%, to $691.9 million when compared to the same period in 2018. Our net interest margin increased to 4.88% for the nine months ended 2019 compared to 4.69% for the same period in 2018. Average loans for the nine months ended 2019 increased $118.1 million, or 31.0%, to $499.0 million. Loan growth was primarily driven by commercial loans which represents organic growth funded with core deposits. The provision for loan losses was $1.3 million for the nine months ended September 30, 2019$275 thousand higher than the comparable period in 2018. The higher provision is reflective of growth as well as the composition of the loan portfolio. Noninterest income increased $2.8 million, or 47.7%, to $8.6 million for the nine months ended 2019. Our merchant services platform experienced strong growth, offset by decreased ASP fees. Merchant processing income increased $4.5 million or 126.3% compared to the nine months ended 2018. This increase was due to the expansion of our sales channels through independent sales organizations ("ISOs"), merchants and additional fee allocation arrangements. Other noninterest income, consisting primarily of ASP fee income, declined by $1.7 million or 71.9% compared to the nine months ended September 30, 2018. Noninterest expense increased $1.7 million, or 10.1%, to $18.6 million for the nine months ended 2019 as compared to the nine months ended 2018. Excluding the aforementioned one-time pretax compensation charge totaling $1.2 million, noninterest expense increased $2.9 million for the third quarter of 2019 driven by an increase in compensation and benefits, data processing and professional and consulting services costs. Employee compensation and benefits costs increased due to an increase in the number of employees as well as the impact of year end salary increases. Data processing costs were higher due to increased processing volume primarily driven by our core banking platform as well as additional costs related to certain system implementations. Professional and consulting costs increased due to our IT enterprise-wide architecture assessments and other pre-development IT costs. The Company's efficiency ratio continued to improve to 54.8% for the nine months ended September 30, 2019 as compared to 60.8% for the period ended 2018. The effective tax rate for the nine months ended 2019 was approximately 27%. Asset Quality Nonperforming assets, consisting of several nonaccrual consumer loans, totaled $1.1 million as of September 30, 2019. Nonperforming assets as a percentage of total assets was 0.14%. There were no nonperforming assets as of September 30, 2018. The allowance for loan losses was $6.7 million, or 1.26% of total loans, as compared to $5.2 million, or 1.19% of total loans at September 30, 2018. The increase in the allowance as a percentage of loans was primarily related to loan growth in the commercial, commercial real estate and consumer loan categories. Balance Sheet At September 30, 2019, total assets were $759.7 million, reflecting a $114.1 million, or 17.7% increase from September 30, 2018. This increase is attributable to increases in loans totaling $96.1 million, or 21.9%, to $533.9 million, primarily driven by commercial attorney related, commercial real estate and consumer loans, funded with core low-cost deposits. Total deposits were $644.5 million as of September 30, 2019, a $92.3 million, or 16.7% increase from September 30, 2018. This was primarily due to a $66.8 million, or 20.1% increase in Savings, NOW and Money Market deposits to $398.8 million and a $35.8 million, or 18.8% increase in noninterest bearing demand deposits to $225.7 million, offset by a decrease in time deposits of $10.3 million, or 33.9%, to $20.0 million. These increases were driven by commercial and escrow low-cost deposits from our litigation and merchant customers. Stockholders' equity increased $18.4 million to $106.9 million at September 30, 2019 compared to September 30, 2018. Esquire Bank remains well above bank regulatory "Well Capitalized" standards. The Company anticipates continued earnings growth in 2019 driven by its lending pipelines as well as its merchant services fee income opportunities. About Esquire Financial Holdings, Inc. Esquire Financial Holdings, Inc. is a bank holding company headquartered in Jericho, New York, with one branch office in Jericho, New York and an administrative office in Boca Raton, Florida. Its wholly-owned subsidiary, Esquire Bank, National Association, is a full service commercial bank dedicated to serving the financial needs of the legal industry and small businesses nationally, as well as commercial and retail customers in the New York metropolitan area. The bank offers tailored products and solutions to the legal community and their clients as well as dynamic and flexible merchant services solutions to small business owners. For more information, visit www.esquirebank.com. Cautionary Note Regarding Forward-Looking Statements This press release includes "forward-looking statements" relating to future results of the Company. Forward-looking statements are subject to many risks and uncertainties, including, but not limited to: changes in business plans as circumstances warrant; changes in general economic, business and political conditions, including changes in the financial markets; and other risks detailed in the "Cautionary Note Regarding Forward-Looking Statements," "Risk Factors" and other sections of the Company's 10-K as filed with the Securities and Exchange Commission. The forward-looking statements included in this press release are not a guarantee of future events, and that actual events may differ materially from those made in or suggested by the forward-looking statements. Forward-looking statements generally can be identified by the use of forward-looking terminology such as "may," "might," "should," "could," "predict," "potential," "believe," "expect," "attribute," "continue," "will," "anticipate," "seek," "estimate," "intend," "plan," "projection," "goal," "target," "outlook," "aim," "would," "annualized" and "outlook," or similar terminology. Any forward-looking statements presented herein are made only as of the date of this press release, and the Company does not undertake any obligation to update or revise any forward-looking statements to reflect changes in assumptions, the occurrence of unanticipated events, or otherwise, except as may be required by law.

ESQUIRE FINANCIAL HOLDINGS, INC.

Condensed Consolidated Statement of Condition (unaudited)

(dollars in thousands except per share data)

September 30, 

December 31, 

September 30, 

2019

2018

2018

ASSETS

Cash and cash equivalents

$

61,676

$

30,562

$

39,840

Securities available for sale, at fair value

139,165

145,698

147,522

Securities, restricted at cost

2,665

2,583

2,403

Loans

533,949

468,101

437,883

Less: allowance for loan losses

(6,741)

(5,629)

(5,229)

Loans, net of allowance

527,208

462,472

432,654

Premises and equipment, net

2,872

2,694

2,616

Other assets

26,152

19,890

20,568

Total Assets

$

759,738

$

663,899

$

645,603

LIABILITIES AND STOCKHOLDERS' EQUITY

Demand deposits

$

225,740

$

212,721

$

189,960

Savings, NOW and money market deposits

398,812

335,283

332,016

Certificates of deposit

19,959

20,417

30,215

Total deposits

644,511

568,421

552,191

Other liabilities

8,324

2,704

4,917

Total liabilities

652,835

571,125

557,108

Total stockholders' equity

106,903

92,774

88,495

Total Liabilities and Stockholders' Equity

$

759,738

$

663,899

$

645,603

Selected Financial Data 

Common shares outstanding

7,541,670

7,532,723

7,445,723

Book value per share

$

14.17

$

12.32

$

11.89

Equity to assets

14.07

%

13.97

%

13.71

%

Capital Ratios (1)

Tier 1 leverage ratio

13.11

%

13.26

%

13.40

%

Common equity tier 1 capital ratio

16.90

%

17.54

%

17.78

%

Tier 1 capital ratio

16.90

%

17.54

%

17.78

%

Total capital ratio

18.08

%

18.70

%

18.92

%

Asset Quality

Nonperforming loans  

$

1,076

$

$

Allowance for loan losses to total loans

1.26

%

1.20

%

1.19

%

Nonperforming loans to total loans

0.20

%

%

%

Nonperforming assets to total assets

0.14

%

%

%

Allowance/nonperforming loans

626.49

%

%

%

_______________

(1) Regulatory capital ratios presented on bank-only basis.

ESQUIRE FINANCIAL HOLDINGS, INC.

Condensed Consolidated Income Statement (unaudited)

(dollars in thousands except per share data)

Three months ended 

Nine months ended 

September 30, 

September 30, 

2019

2018

2019

2018

Interest income

$

9,498

$

7,620

$

27,303

$

20,754

Interest expense

751

344

2,044

741

Net interest income

8,747

7,276

25,259

20,013

Provision for loan losses

425

450

1,250

975

Net interest income after provision for loan losses

8,322

6,826

24,009

19,038

Noninterest income:

Merchant processing income

3,284

1,300

7,994

3,532

Other noninterest income

191

500

653

2,322

Total noninterest income

3,475

1,800

8,647

5,854

Noninterest expense:

Employee compensation and benefits

3,817

4,161

10,841

10,230

Other expenses

2,787

2,169

7,752

6,661

Total noninterest expense

6,604

6,330

18,593

16,891

Income before income taxes

5,193

2,296

14,063

8,001

Income taxes

1,376

614

3,793

2,140

Net income

$

3,817

$

1,682

$

10,270

$

5,861

Earnings Per Share

Basic

$

0.52

$

0.23

$

1.39

$

0.80

Diluted

$

0.49

$

0.22

$

1.32

$

0.76

Basic - adjusted (1)

$

0.52

$

0.34

$

1.39

$

0.91

Diluted - adjusted (1)

$

0.49

$

0.33

$

1.32

$

0.87

Selected Financial Data

Return on average assets

2.01

%

1.07

%

1.90

%

1.35

%

Return on average common equity

14.58

%

7.66

%

13.86

%

9.19

%

Adjusted return on average assets (1)

2.01

%

1.62

%

1.90

%

1.54

%

Adjusted return on average common equity (1)

14.58

%

11.57

%

13.86

%

10.54

%

Net interest margin

4.82

%

4.75

%

4.88

%

4.69

%

Efficiency ratio(2)

54.0

%

56.8

%

54.8

%

60.8

%

__________________

(1) Figures have been adjusted to exclude a $1.2 million one-time charge (pretax) related to the passing of the Company's Executive Chairman in 2018. See non-GAAP reconciliation provided elsewhere herein.

(2) Efficiency ratio represents noninterest expenses divided by the sum of net interest income plus noninterest income. See non-GAAP reconciliation provided elsewhere herein addressing non-recurring charges.

ESQUIRE FINANCIAL HOLDINGS, INC.

Condensed Consolidated Average Balance Sheets and Average Yield/Cost (unaudited)

(dollars in thousands)

For the Three Months Ended September 30, 

2019

2018

Average

Average

Average

Average

Balance

Interest

Yield/Cost

Balance

Interest

Yield/Cost

INTEREST EARNING ASSETS

Loans

$

528,328

$

8,312

6.24

%

$

416,004

$

6,432

6.13

%

Securities, includes restricted stock

146,408

950

2.57

%

157,635

1,035

2.60

%

Interest earning cash

45,688

236

2.05

%

33,777

153

1.80

%

Total interest earning assets

720,424

9,498

5.23

%

607,416

7,620

4.98

%

NONINTEREST EARNING ASSETS

34,267

14,803

TOTAL AVERAGE ASSETS

$

754,691

$

622,219

INTEREST BEARING LIABILITIES

Savings, NOW, Money Markets

$

381,533

$

625

0.65

%

$

327,548

$

291

0.35

%

Time deposits

19,902

125

2.49

%

17,555

41

0.93

%

Total interest bearing deposits

401,435

750

0.74

%

345,103

332

0.38

%

Short-term borrowings

1

%

1,131

7

2.46

%

Secured borrowings

88

1

6.22

%

273

5

7.27

%

Total interest bearing liabilities

401,524

751

0.74

%

346,507

344

0.39

%

NONINTEREST BEARING LIABILITIES

Demand deposits

240,502

183,864

Other liabilities

8,785

4,708

Total noninterest bearing liabilities

249,287

188,572

Stockholders' equity

103,880

87,140

TOTAL AVG. LIABILITIES AND EQUITY

$

754,691

$

622,219

Net interest income

$

8,747

$

7,276

Net interest spread

4.49

%

4.58

%

Net interest margin

4.82

%

4.75

%

ESQUIRE FINANCIAL HOLDINGS, INC.

Condensed Consolidated Average Balance Sheets and Average Yield/Cost (unaudited)

(dollars in thousands)

For the Nine Months Ended September 30, 

2019

2018

Average

Average

Average

Average

Balance

Interest

Yield/Cost

Balance

Interest

Yield/Cost

INTEREST EARNING ASSETS

Loans

$

498,989

$

23,524

6.30

%

$

380,918

$

17,378

6.10

%

Securities, includes restricted stock

151,557

3,073

2.71

%

149,556

2,906

2.60

%

Interest earning cash

41,326

706

2.28

%

40,249

470

1.56

%

Total interest earning assets

691,872

27,303

5.28

%

570,723

20,754

4.86

%

NONINTEREST EARNING ASSETS

30,281

11,556

TOTAL AVERAGE ASSETS

$

722,153

$

582,279

INTEREST BEARING LIABILITIES

Savings, NOW, Money Markets

$

356,812

$

1,665

0.62

%

$

281,768

$

580

0.28

%

Time deposits

20,034

375

2.50

%

27,126

140

0.69

%

Total interest bearing deposits

376,846

2,040

0.72

%

308,894

720

0.31

%

Short-term borrowings

1

%

382

6

2.10

%

Secured borrowings

88

4

6.08

%

275

15

7.29

%

Total interest bearing liabilities

376,935

2,044

0.73

%

309,551

741

0.32

%

NONINTEREST BEARING LIABILITIES

Demand deposits

238,485

184,382

Other liabilities

7,676

3,117

Total noninterest bearing liabilities

246,161

187,499

Stockholders' equity

99,057

85,229

TOTAL AVG. LIABILITIES AND EQUITY

$

722,153

$

582,279

Net interest income

$

25,259

$

20,013

Net interest spread

4.55

%

4.54

%

Net interest margin

4.88

%

4.69

%

ESQUIRE FINANCIAL HOLDINGS, INC.

Condensed Consolidated Non-GAAP Financial Measure Reconciliation (unaudited) 

 (dollars in thousands except per share data)

Adjusted net income, which is used to compute adjusted return on average assets, adjusted return on average common equity and adjusted earnings per common share, excludes the impact of a one-time charge relating to compensation expense as a result of the passing of our Executive Chairman in 2018. 

We believe that these non-GAAP financial measures provide information that is important to investors and that is useful in understanding our financial position, results and ratios. However, these non-GAAP financial measures are supplemental and are not a substitute for an analysis based on GAAP measures. As other companies may use different calculations for this measure, this presentation may not be comparable to other similarly titled measures by other companies.

The efficiency ratio is a non-GAAP measure of expense control relative to revenue. We calculate the efficiency ratio by dividing total noninterest expenses excluding non-recurring items by the sum of total net interest income and total noninterest income, each as determined under GAAP, but excluding net gains(losses) on securities and other non-recurring income sources, if applicable, from this calculation, which we refer to as recurring revenue. We believe that this provides one reasonable measure of recurring expenses relative to recurring revenue.

Three months ended 

Nine months ended 

September 30, 

September 30, 

2019

2018

2019

2018

Net income 

$

3,817

$

1,682

$

10,270

$

5,861

Add: compensation charge

-

1,173

-

1,173

Less: tax impact

-

314

-

314

Compensation charge, net

-

859

-

859

Adjusted net income

$

3,817

$

2,541

$

10,270

$

6,720

Return on average assets-GAAP

2.01

%

1.07

%

1.90

%

1.35

%

Add: compensation charge

0.00

%

0.55

%

0.00

%

0.19

%

Adjusted return on average assets

2.01

%

1.62

%

1.90

%

1.54

%

Return on average common equity-GAAP

14.58

%

7.66

%

13.86

%

9.19

%

Add: compensation charge

0.00

%

3.91

%

0.00

%

1.35

%

Adjusted return on average common equity

14.58

%

11.57

%

13.86

%

10.54

%

Diluted earnings per share-GAAP

$

0.49

$

0.22

$

1.32

$

0.76

Add: compensation charge

0.00

0.11

0.00

0.11

Adjusted diluted earnings per share

$

0.49

$

0.33

$

1.32

$

0.87

Efficiency Ratio 

Net interest income

$

8,747

$

7,276

$

25,259

$

20,013

Noninterest income

3,475

1,800

8,647

5,854

Recurring revenue

$

12,222

$

9,076

$

33,906

$

25,867

Total noninterest expense

$

6,604

$

6,330

$

18,593

$

16,891

Less: compensation charge

-

1,173

-

1,173

Recurring noninterest expense

$

6,604

$

5,157

$

18,593

$

15,718

Efficiency ratio

54.0

%

56.8

%

54.8

%

60.8

%

SOURCE Esquire Financial Holdings, Inc.
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Therium Expands London Investment Team with Appointment of James Dobias

London, 22 October, 2019 – Therium Group Holdings Ltd., a leading provider of litigation finance globally with over $1 billion of assets under management, has added to its investment team in London with the appointment of James Dobias as an Investment Officer. James joins Therium from Slaughter and May, where he advised on a broad range of complex commercial disputes, as well as white-collar and corporate investigations, including: High-value follow-on and standalone competition damages claims, including collective settlement negotiations with claimant law firms; Mass tort and other group claims across a number of sectors; Defending Aegis in High Court litigation alleging breach of warranty and fraudulent misrepresentation; Advising a FTSE 100 company on a fraud and asset tracing claim, involving considerations as to jurisdiction, location of assets and foreign enforcement risk; and Advising Rolls-Royce during its bribery and corruption investigations, including the negotiation of simultaneous deferred prosecution agreements with the UK Serious Fraud Office and the US Department of Justice. James has also held senior commercial roles at SAM Labs, an internet-of-things electronics company, and online lawyer introduction service Lexoo. Neil Purslow, Co-Founder and Chief Investment Officer of Therium, said: “James is a first class litigator with tremendous experience of working on very challenging, typically cross-border disputes with multiple stakeholders. His expertise and entrepreneurial flair fits perfectly with Therium and he will play a key role as we continue to see substantial demand for our litigation funding services globally. We are delighted that James has joined our investment team.” James Dobias, Investment Officer, Therium Capital Management, said: “I have admired Therium for many years and been hugely impressed by its work, innovation and rapid growth across the world. It’s very exciting to be joining such a preeminent leader of the litigation finance industry.” James is a graduate of the University of Oxford (First Class Honours in Philosophy, Politics and Economics (PPE)), where he came top of his year in Economics, and BPP Law School, where he achieved a Distinction in both the Graduate Diploma in Law and the Legal Practice Course. Therium is one of world’s leading litigation financing firms. The firm has funded claims valued at £34 billion and has operations across Europe, including in the UK, Germany, Italy, Spain and Scandinavia, and in the USA and Australia. Therium is ranked as a Tier 1 litigation funder in Chambers and Partners’ 2019 litigation support directory. About Therium Therium is a leading global provider of litigation, arbitration and specialty legal finance and has funded claims with a total value exceeding £34 billion.  The firm has investment teams in the UK, USA, Australia, Spain, Germany and Oslo, supplementing its resources in its corporate headquarters in Jersey, Channel Islands.  Therium has established a track record of success in litigation finance in all forms including single case litigation, group litigation and arbitration funding, funding law firms, funding portfolios of litigation and arbitration claims and monetising judgments and awards.  Therium has raised over $1 billion since its foundation, which includes the latest £325 million fund raised in March 2019. www.therium.com
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Multi Funding USA Receives Approval to Serve Ohio Legal Community

Woodstock, NY—October 21, 2019 — Multi Funding USA, a leading pre-settlement funding provider serving law firms, attorneys and plaintiffs, announced that it has received authorization to provide pre-settlement funding to lawyers throughout the state of Ohio. Through its advanced and secure technology, attorneys can easily apply for litigation financing on Multi Funding USA’s secure website, and receive automated notifications, documentation, and funding in an expedited manner. Based in Woodstock, New York, Multi Funding serves attorneys in approximately fourteen states across the country. The company is one of a handful of NMLS (Nationwide Mortgage Licensing System)-certified pre-settlement providers. The NMLS certification process includes a rigorous set of financial, operational and technology audits, indicating that Multi Funding has the financial resources and security protocols to satisfy the needs of lawyers and plaintiffs. “We are delighted that Multi Funding  has received approval to serve the needs of attorneys and clients in the state of Ohio, and we are eager to help clients manage the financial burdens associated with waiting for cases to settle,” said Joseph Duffy, managing partner of Multi Funding USA. “Our secure technology, combined with the peace-of-mind associated with NMLS certification, should resonate with Ohio attorneys who are looking to partner with a skilled, experienced, and highly reputable partner.” The company leverages a state-of-the-art litigation financing platform provided by Segue Cloud Services. This platform automates the entire burdensome pre-settlement process, including intake, verification, notification, funding, and reporting. This system typically places funds into the hands of plaintiffs and attorneys in less than 24 hours, providing financial security in the often-lengthy pre-settlement period. About Multi Funding USA Headquartered in Woodstock, New York, Multi Funding is a major provider of specialized legal funding, attorney funding, and law firm funding services. With decades of lawsuit funding, business, and legal experience, the company’s founders have made it their focus to provide simple and fast services while maintaining a high standard of excellence. Multi Funding has provided millions of dollars of legal funding to plaintiffs and attorneys across the United States. www.multifundingusa.com
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Acuity Law Signs £10m Litigation Funding Deal with Augusta

Leading Welsh commercial law firm Acuity Law has agreed a £10 million litigation funding facility with the UK’s largest litigation funder by volume, Augusta Ventures.

From its headquarters in Cardiff and offices in Swansea and London, Acuity provides legal advice to a portfolio of national and international business clients. The preferred arrangement offers Acuity’s clients competitive funding rates, with a time-efficient process in place to ensure effective decision making. Under the terms of the facility, Augusta will fund the full cost of pursuing a claim, including legal fees and expert witness costs and other agreed disbursements. This arrangement provides Acuity’s clients with 'non-recourse' funding, ensuring claimants are not called on to repay in the event their claim is unsuccessful. Augusta only recovers its investment from any sums received from defendants.

Hugh Hitchcock, Head of Litigation at Acuity, said: "Acuity has established its reputation as a leading UK litigation law firm. We’ve been delighted to serve an increasing number of clients over recent years, and this deal with Augusta further differentiates our offering to clients in Wales and across the UK. We are now able to help clients pursue meritorious cases that otherwise may not have proceeded due to financial constraints.”

Robert Hanna, Managing Director at Augusta, said: “We are delighted to be working with Wales’s leading litigation firm, Acuity Law, on providing funding for their clients’ disputes. Augusta has built a market-leading reputation for our team and processes, which enable access to justice. We are looking forward to offering these to Acuity’s clients to help them secure the funding they need to pursue meritorious claims.”

Acuity Law has recently been recognised in the Wales Legal Awards as both the Commercial Litigation Team of The Year and the overall Legal Team Of The Year. Acuity Law is a new model law company that is enjoying rapid and successful growth. With a team of over 100 lawyers and expanding, Acuity last year advised on over 100 UK-based transactions with an aggregate value of over £1.5 billion. Acuity Law specialises in high value and complex commercial disputes.

Augusta has recently announced a further $115m fundraising from a multi-billion-dollar US-based investment manager. This follows a £150m fundraising from a global investment fund in 2018, to finance business growth and investment in funding cases.

Augusta has also recently announced hirings into its senior team with the arrival of Proskauer Director Polly Bahl as Chief Operating Officer, FTI Consulting Managing Director Leor Franks as Chief Marketing Officer and Ardonagh Group’s Chief Counsel Frances Coats as General Counsel. These additions reflect Augusta’s ongoing growth and increasing client demand for dispute and litigation funding.

About Acuity:

  • Founded in 1999, Acuity Law is a commercial law firm headquartered in Cardiff and with offices in Swansea and London.
  • Acuity is an award-winning firm whose most recent accolades include Law Firm of the Year (Wales) at the Legal 500 Awards 2019 and Litigation Team and Legal Team of the Year at the Wales Dealmakers Awards 2019.
  • Acuity are specialists in providing corporate (M&A’, disposals, joint venture and partnering arrangements, management buy-outs and management buy-ins, private equity and venture capital investments and business transfers and restructuring), commercial, litigation, real estate, employment and tech advice.
  • Acuity’s corporate and commercial and TMT teams were ranked tier 1 in this year’s edition of the Legal 500.

About Augusta:

- Established in 2013, Augusta is the largest litigation and dispute funding institution in the UK by # case. Augusta’s scale enables us to make decisions in market-leading timeframes and fund cases of any size. - Augusta is organised into a series of specialist practice groups: Arbitration, Class Action, Competition, Consumer, Intellectual Property and Litigation, and sectors including Financial Services and Construction & Energy. - By the end of H12019, Augusta had funded 213 claims with a market-leading win ratio of over 80%. - Augusta has offices in London, Sydney, Melbourne and Toronto.

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The LFJ Podcast
Hosted By Ed & Charles Truant & Agee |
In this episode, we speak with litigation finance investor Ed Truant, and Westfleet Advisors managing partner Charles Agee about their call for the commercial litigation finance industry to associate. We discuss the benefits of an association, how they plan to deal with issues like mandatory disclosure and the U.S. Chamber of Commerce, and how similar associations in the UK, Australia, and on the consumer side in the U.S. can serve as examples of how to proceed. [podcast_episode episode="4589" content="title,player,details"]

UK Court of Appeal Approves Therium’s £3B Opt-Out Class Action Against Google

A UK Court of Appeal has approved the enormous U.S.-style class action against Google in the now infamous 'Safari workaround' claim. 4 million claimants will be represented in an opt-out action brought by Mishcon de Reya and backed by Therium Capital Management. As reported in Law Gazette, the underlying claim alleges Google used software to bypass privacy settings and illegally spy on iPhone users from August 2011 to February 2012. The Court of Appeal found that an iPhone user's data amounts to a financial asset, and therefore any loss of control over one's data amounts to an invasion of privacy. As such, the class will be awarded the same amount per-claimant, without needing to show any financial hardship. Consumer rights advocate Richard Lloyd who helped bring this claim forward, is seeking £750 per claimant, which would amount to over £3B in total payout. However, the court suggested that damages will be assessed according to the lowest common denominator of damages within the claimant group, which means the final payout could be much lower. For its part, Google intends to appeal the Court of Appeal's decision up to the Supreme Court. Google cited the fact that the events took place nearly a decade ago and have already been addressed by the company. Google's data breach claim will join the even larger Mastercard competition claim which is currently before the UK Supreme Court. The claim was originally tossed by the Competition Appeals Tribunal, only to be reinstated with an entirely different litigation funder on board (Innsworth, taking the place of Burford Capital). The Supreme Court's ruling on both cases will have a major impact on both sectors going forward, especially as pertains to the appetite levels of funders looking involve themselves in either data breach or competition class actions.

Leading Dispute Financiers IMF Bentham and Omni Bridgeway Announce Plans to Merge

SYDNEY (October 15 2019)  Leading litigation and disputes funder IMF Bentham Limited (IMF Bentham) (ASX:IMF) announces that it is acquiring Omni Bridgeway Holdings BV (Omni Bridgeway) to create a truly global diversified funder with over A$2.2 billion in capital to fund disputes and enforcement proceedings of significant size and complexity throughout the world. On completion of the deal IMF Bentham will acquire all of Omni Bridgeway’s investment and business activities. The minimum transaction value amounts to approximately EUR 55 million, which may further increase contingent on future business development. “While the transaction involves IMF Bentham buying Omni Bridgeway’s business, it is a merger of equals,” said Andrew Saker, Managing Director and Chief Executive Officer of IMF Bentham. The combination forms a formidable ally for clients, with 18 offices in 10 countries across the US, Canada, Asia, Europe, Australia and the Middle East and 145 professionals experienced in legal and recovery systems world-wide and fluent in more than 20 languages. Together IMF Bentham and Omni Bridgeway have a 33-year track record of funded and recovered claims throughout the world to create a reliable partner for individuals, companies and professional advisers seeking strategic finance solutions. Those solutions span from inception of a case through trial, appeal, enforcement and legal recovery, and include:
  • funding and management of disputes, and international enforcement of judgments and awards (including against sovereigns in all continents)
  • enforcement of non-performing loans of banks and subrogation claims of insurance companies
  • world-first After-the-Event cost protection cover in cost-shifting jurisdictions.
The tie-up combines two pioneers of the litigation funding industry. IMF Bentham began funding disputes in Australia in the 1990s and has helped shape the globalized litigation finance industry via continual expansion and a record of achieving notable success rates and returns. Omni Bridgeway was founded in the Netherlands in 1986 and is known as a leading financier of high-value claims and a global specialist in cross-border enforcement against sovereign governments. The Omni Bridgeway group includes ROLAND ProzessFinanz, a leading German litigation funder which became part of Omni Bridgeway in 2017, as well as Omni Bridgeway’s joint venture with IFC (part of the World Bank Group) which consists of a dedicated fund and Dubai-based expertise center aimed at assisting banks with the funding and managing the enforcement of non-performing loans and related disputes in the Middle East and Africa region. “Like IMF Bentham, Omni Bridgeway has been at the forefront of the dispute finance industry in its regions and areas for decades,” said Andrew Saker. “As one of Continental Europe’s leading litigation funders, it offered unique advantages compared to other acquisition candidates that IMF Bentham considered for its European expansion. Those factors, combined with a strong cultural fit, made clear that merging was the right choice at the right time for both companies.” IMF Bentham and Omni Bridgeway achieve a shared goal of global diversification and presence in key litigation markets via the merger. Their new team includes professionals with wide-ranging expertise across all types of disputes and economists, financial experts, business intelligence and asset tracing professionals. “We view the merger as a partnership of complementary strengths,” said Raymond van Hulst, Managing Director at Omni Bridgeway. “Together, we have the global scale and local understanding needed for today’s complex multi-jurisdictional and domestic disputes.” “Since we were introduced by leading global investment bank Houlihan Lokey in March 2018, IMF Bentham and Omni Bridgeway have partnered on numerous projects and have discovered that our two companies, which have evolved on parallel paths, have a like-mindedness and commitment to excellence that distinguishes us from the competition,” said Andrew Saker. IMF Bentham will continue to be listed on the Australian Securities Exchange and the combined group will use the first-class business operations, reporting and accounting practices that have shaped IMF Bentham’s reputation as a trustworthy and reliable disputes financier. The combined group will assume one global name pending a rebrand projected for completion by 30 June 2020. About IMF Bentham IMF Bentham is a leading global litigation and dispute financier, headquartered in Australia and with offices in the US, Canada, Singapore, Hong Kong and London. The company has built its reputation as a trusted provider of innovative litigation financing solutions and has established an increasingly diverse portfolio of litigation and dispute financing assets. IMF Bentham has a highly experienced litigation financing team overseeing its investments, delivering, as at 30 June 2019, an 89% success rate across 192 completed cases (excluding withdrawals).  Visit imf.com.au to learn more. About Omni Bridgeway Omni Bridgeway was founded in the Netherlands in 1986 and is known as a leading financier of high-value claims and a global specialist in cross-border (sovereign) enforcement disputes. Visit omnibridgeway.com to learn more. About ROLAND ProzessFinanz ROLAND ProzessFinanz AG has been providing commercial litigation funding solutions since 2001. The company became part of Omni Bridgeway in mid-2017, creating one of Continental Europe’s leading litigation funders. ROLAND funds medium-sized merits and group claims in the German speaking jurisdictions of Europe.  Visit roland-prozessfinanz.de/en/ to learn more.
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IMF Bentham Funding Class Action Against CBL

IMF Bentham is funding a shareholder class action against New Zealand-based CBL Corp., claiming the company failed to disclose that the Reserve Bank of New Zealand had been investigating its solvency for several years. CBL has since entered liquidation, leaving many shareholders out in the cold. According to ShareChat, law firm Glaister Ennor is leading the action, which has several institutional investors on board already. IMF and Glaister are now seeking retail investors for their claim, the valuation of which will likely run into the tens of millions of dollars. The case will be opt-in, because New Zealand does now allow for common fund orders the way neighboring Australia does (the country only permitted its very first opt-out claim last month). That means IMF and Glaister have to build a book of claimants, which they claim makes their case more substantiated, as numerous parties have already signed on. According to the liquidators' report, CBL owes nearly $200MM to an array of creditors. The company's assets are locked up in subsidiaries, which are currently under control of liquidators. IMF and Glaister intend to apply for the right to proceed against the liquidated company to the New Zealand Supreme Court, assuming the liquidators don't consent to move forward with the claim. They are also anticipating that insurance will cover any payout, though they aren't yet certain who the insurer is, or what the terms of any agreement are. IMF and Glaister are alleging that CBL violated The Financial Markets Conduct Act 2013. They have thus far only named the company, not individual executives or regulators, though there may be additions at a later date, should further liability be proven.

Woodsford Litigation Funding continues its significant expansion with three key London hires and continued international recruitment drive

LONDON 14 October 2019, Woodsford Litigation Funding, the global provider of litigation financing solutions for businesses, individuals and law firms, has announced further expansion of its international executive team with the appointment of Adam Erusalimsky to the position of Senior Investment Officer, Alex Hickson as Investment Officer and Daniel Littman as Commercial Manager. All three will be based at Woodsford’s London HQ.

Adam, a seasoned litigator who joins Woodsford from Stewarts and Alex, who joins from Slater & Gordon, will be part the underwriting team led by Charlie Morris, focusing on cases in the UK and EMEA, including class and group actions, IP claims and general commercial disputes. Daniel will join the commercial team led by Woodsford’s Commercial and Finance Director, Mark Spiteri. Daniel will focus on structuring and negotiating litigation funding and law firm finance deals globally.

These appointments are a graphic illustration of the rapidly increasing deal flow at Woodsford. And the recruitment push in new (Canada) and existing (Singapore) markets illustrates how the business is not resting on its laurels.

“Our business continues to grow and succeed because we have a winning combination of high quality capital and high quality professionals. Particularly following last year’s injection of significant further capital by our shareholders, Adam, Alex and Daniel complete the ingredients for a successful litigation finance business” said Steven Friel, Woodsford’s CEO.

Woodsford’s new Senior Investment Officer, Adam Erusalimsky commented, “It’s tremendously exciting to be joining one of the world’s leading litigation funders at a time when it is growing so quickly. I am really looking forward to playing my part in taking Woodsford to the next level.”

About Woodsford Litigation Funding

Founded in 2010 and with a presence in London, Philadelphia, San Francisco, New York, Singapore, Brisbane and Tel Aviv, Woodsford Litigation Funding provides tailored litigation financing solutions for businesses, individuals, and law firms. This includes both single case and portfolio litigation funding and arbitration funding. Woodsford’s Executive team blends extensive business experience with world-class legal expertise. Woodsford is a founder member of the Association of Litigation Funders of England and Wales (ALF). Woodsford’s Chief Operating Officer, Jonathan Barnes, was recently re-elected to the board of ALF for a further three years.

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