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MDL Judge Rejects Motion to Disclose Litigation Funding

The judge in a product liability MDL in the U.S. District Court for the District of New Jersey has rejected the defense's motion to discover whether the plaintiff is using litigation funding. As reported in Bloomberg, Judge Joel Schneider followed previous court rulings in determining that defendants have no standing to inquire as to how deep the pockets of plaintiffs actually go. In Civil No. 19-2875 (RBK/JS), Valstran (NDMA) Contamination Products Liability Litigation, the court rejected the motions to discover whether the plaintiffs were utilizing litigation funding, the terms of any funding agreements, and any communications between the plaintiff and litigation funders. Defense had cited the need to discover if the plaintiffs were “real parties in interest” in the claim. However, the court flatly rejected that argument, in keeping with a host of previous judicial decisions. What's more, the court went so far as to state that opening the door to the plaintiff's finances would rightly open the door to defense's as well. The court did, however, indicate that there may be circumstances where discovery is appropriate. Such circumstances include any where a funder may be seeking to exert undue control over the outcome of a claim. In the end, the plaintiffs suggested that the court review any funding agreements in-camera, to which Judge Schneider agreed. With Judge Polster ordering an in-camera in the prominent Opioid MDL, that seems to be the trend these days as pertains to funding agreements, at least where MDLs are concerned.

Baker Street Funding Secures $30 Million for New Attorney Focused Fund

NEW YORK, NY / ACCESSWIRE / September 23, 2019 / A leading pre-settlement funding provider, Baker Street Funding LLC, announced today the closing of a series A round of investment into their Attorney Funding Division. Founded in 2018, Baker Street Funding has quickly become a rising star in the legal funding space and their core business model is to provide plaintiffs with much needed liquidity while their case is awaiting settlement. The newly named Attorney Funding Division will provide Attorney Funding to law practitioners across the country.

Attorney Loans, also known as Attorney Funding, are credit facilities that attorneys can access, collateralized by their future receivables to help them pay for the cost of new litigation. Attorney funding is the fastest growing division at Baker Street Funding and they expect to deploy all $30 million in the next six months.

Daniel Digiaimo, President and CEO of Baker Street Funding commented, "This new capital is going to be key to growing our attorney relationships and expanding our reach in the legal funding space and will be invested solely in attorney funding transactions." DiGiaimo also said, "Since traditional banks do not recognize future fees as valid collateral, we believe we provide a much needed service to the attorneys we work with. Since we are a private institution, we eliminate much of the headache and run-around our clients would receive dealing with a more traditional financial institution. Our process is quick and effective and once we analyze an attorneys portfolio, we are able to give them immediate access to a portion of those fees, well before they are collected". About Baker Street Funding's Attorney Funding Division The firm is designed by attorneys, for attorneys to help them grow their existing practice or branch out into new areas of the legal field. This program is being piloted by providing capital to attorneys that the firm already has an existing relationship with and will provide them with case costs as well as general working capital. Baker Street Funding does not take into account credit ratings or scores, and focuses strictly on the attorney or law firms receivables. Their due diligence process normally takes 5-7 business days which includes the analyzation of the current portfolio of receivables and creation of the credit facility.

Baker Street Funding will be opening their attorney funding program to attorneys in all 50 states and has seen a large amount of initial indications of interest from attorneys in California, New York, New Jersey, Florida, Texas, Mississippi and Georgia.

Solo practitioners and law firms who are looking to utilize their receivables to pay for expert reports, operational cash flow, trial costs or other costs incurred while running a legal practice, may contact them directly online at www.bakerstreetfunding.com/attorneys or by calling (888) 711-3599. Contact information: Name: Daniel Digiaimo Company: Baker Street Funding Email: Christie@bakerstreetfunding.com Website: www.bakerstreetfunding.com Address: 303 5th Avenue, New York, NY Phone: (888) 711-3599

SOURCE: Baker Street Funding LLC

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Prominent GCs Want FRCP Oversight of Litigation Funding

45 general counsel and chief legal officers have signed a letter which requests that the Committee on Rules of Practice and Procedure amend the Federal Rules of Civil Procedure (FRCP) as pertains to three specific areas of MDL litigation: census of claims, interlocutory appellate review, and litigation funding. As written in the letter, the GCs and legal officers lament that the growth of MDLs (now 50% of the federal civil docket) has led to their being "less and less grounded in the widely accepted principles of procedural fairness and transparency that are the FRCP’s hallmarks." The signatories express "serious concerns" about a lack of fairness in MDL procedures, and about the viability of MDLs going forward. The letter outlines the procedural uncertainties that MDL litigants now face, including questions over uniformity of process in multiple jurisdictions, and whether procedures such as discovery tools, accepted motions and pathways to appeal should be clearly explained to all stakeholders. The 1937 adoption of the first FRCP stemmed from similar procedural uncertainties. Along with changes to the initial census of claims and interlocutory appellate review process, the letter urges the FRCP to mandate disclosure of litigation funding agreements, citing the fact that litigation funding in MDLs is "growing by leaps and bounds," yet few MDL judges "report that they are aware of TPLF in the proceedings before them." The letter goes on to state: "Disclosure is the only way that courts, parties and the Committee will learn who is in the courtroom and understand the issues that are raised by their presence. The funders’ fear of revealing privileged information should be handled just like it is for everyone else: redact it and ask for a protective order. The funders’ fear of rampant discovery is misplaced; disclosure of insurance agreements (which earlier judicial rulemakers decided to require over the strong objection of defendants) has not led to any such problems." 45 GCs and legal officers signed the letter, including from prominent companies like AstraZeneca, Comcast, Exxon Mobil, Microsoft and Johnson & Johnson.  Read the full letter here.

Westfleet Advisors Adds Federal Prosecutor and Litigation Finance Veteran To Growing Executive Team

NASHVILLE, October 10, 2019—Westfleet Advisors, the leading U.S. litigation finance advisory firm, announced today that it has expanded its executive team with the additions of Barry Kamar and Michael Perich, both as Vice President and Legal Counsel. Mr. Kamar was most recently an Assistant United States Attorney (AUSA) in New Jersey. Mr. Perich joins Westfleet from AmLaw 200 law firm, Ice Miller.

“We are thrilled to add such high-quality talent to our team, enabling us to keep pace with the growing demand for our independent litigation finance advisory services,” said Charles Agee, founder and CEO of Westfleet Advisors. “Barry and Michael have diverse backgrounds in law, financial analysis, and litigation finance that ideally complement and bring important new perspectives to our service offerings. They will deliver tremendous value to our clients as they help them navigate litigation finance opportunities.”

Mr. Kamar spent nearly a decade in public service before joining Westfleet, first as an enforcement attorney in the Securities and Exchange Commission’s New York office and later as an AUSA in New Jersey. He brings years of experience in evaluating the strengths of cases involving financial fraud, and his extensive courtroom experience includes nearly a calendar year of trial work in a large RICO prosecution. Mr. Kamar previously worked as an investment banking analyst at Morgan Stanley & Co., where he developed skills in financial analysis, due diligence and deal negotiation.

“I’m excited to combine my trial and corporate finance experience for the benefit of parties seeking litigation funding,” said Mr. Kamar, who was named co-chief of the U.S. Attorney’s Office’s public protection unit while serving as an AUSA. “There was no doubt that Westfleet was the right place for me to do that, given its industry stature and commitment to operating ethically and transparently.”

Mr. Perich brings substantial experience in litigation finance to Westfleet. He previously worked at two leading litigation finance providers, where he underwrote litigation funding deals across a wide range of subject matter and assessed the strengths of new legal claims. At Ice Miller, he was the firm’s primary resource to answer questions about litigation funding and to structure unique contingency or alternative fee arrangements.

“Having seen litigation funding deals from the perspective of both funders and law firms, I appreciate the need for parties seeking financing to have a truly independent advisor at the table,” said Mr. Perich. “Westfleet recognized that need years ago. That’s one of the reasons Charles and Westfleet are so well respected as leaders in the industry.”

Mr. Perich will work from Chicago, while Mr. Kamar will be based in New York.

About Westfleet Advisors

Westfleet Advisors is the leading litigation finance advisor in the United States. It was founded in 2013 to bring greater transparency and efficiency to the litigation finance market by equipping users of litigation financing with expertise and resources. Our core mission is to ensure claimholders and lawyers have all the information they need to be successful with litigation financing. Our senior leadership has been active in the litigation finance industry since 1998.

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NYU Center on Civil Justice Hosting Litigation Finance Conference

The Center on Civil Justice recently launched its Dispute Financing Library, a free, neutral repository of documents relating to the third-party litigation funding industry.  It is online at www.DisputeFinancingLibrary.org. To celebrate the Library's launch, the Center is hosting a luncheon and conference on the present and future of the litigation funding industry, looking at the state of the market and potential ethical concerns, with a keynote by Richard Painter. The Future of Dispute Finance: Pricing, Profits, and Policy will take place on October 18, from 12pm-4:30pm, in Greenberg Lounge in Vanderbilt Hall, 40 Washington Square South. For more information and to RSVP, visit https://tinyurl.com/y23baryf.
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Frances Coats joins Augusta as General Counsel

London 10th October 2019, Augusta today announces the appointment of Frances Coats as General Counsel, based in London.

Frances joins from diversified insurance business The Ardonagh Group, where, as Chief Counsel, she managed the Corporate and Commercial legal needs of the group. Coats was named as Legal 500 In-House Insurance Individual of the Year 2019, Legal Business’ Rising Star In-House Counsel of the Year 2019 and was listed in The Lawyer’s Hot 100 2019.

Frances’s recruitment is a further addition to Augusta’s management group following the arrivals of Proskauer’s Director of Professional Resources Polly Bahl as Chief Operating Officer (COO) and FTI Consulting Managing Director Leor Franks as Chief Marketing Officer (CMO). These additions reflect Augusta’s continued growth and investment in professional functions to support the increasing demand for dispute and litigation funding.

Commenting on the appointment, Louis Young, Managing Director at Augusta, said: “We’re pleased to welcome Frances to Augusta. With her deep experience of financial services in-house legal management, Frances will play an important role in advising on the next phase of our growth”.

Frances Coats commented: “I’m delighted to be joining leading litigation funder Augusta. As the business continues to grow, entering new markets and forming strong strategic client relationships, I’m looking forward to supporting Augusta's management team in the UK and internationally”.

About Augusta:

- Established in 2013, 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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Legal-Bay Settlement Funding Announces Extended Deadlines for Victims of Sexual Abuse

NEW YORKOct. 8, 2019 /PRNewswire/ -- Legal-Bay, the premier lawsuit funding company, previously reported on Governor Cuomo's new legislation to extend filing deadlines for sexual abuse survivors in the state of New York. The law went into effect last month, and since then, over 500 new cases have been filed. While most of the lawsuits targeted churches or scouting organizations, many were against Rockefeller UniversityHospital, where Reginald Archibald (now deceased) was employed as a pediatrician for decades, enabling him to sexually abuse over 1000 children. While the hospital has already settled over 200 cases, details regarding payout amounts have not yet been divulged. If you or a loved one require an immediate cash advance from your sexual abuse lawsuit, please visit the company's website: http://lawsuitssettlementfunding.com or call: 877.571.0405 Chris Janish, CEO, commented on the company's focus of assisting plaintiffs in similar situations, "We applaud the efforts in New York and New Jersey to extend the statute of limitations on all sex abuse cases, and we are hopeful that more victims will take this opportunity to obtain some justice after years without a voice." New legislation in more than a dozen states offers sexual abuse victims the ability to sue their abusers up until they turn 55. Because of similar landmark decisions, Legal-Bay predicts an influx of new filings by the end of 2019. Legal-Bay is an advocate for victims of sexual abuse across the country, and is well-versed in clergy abuse litigation, especially in situations where Catholic churches have filed for bankruptcy to limit their payouts. Even in those cases, the pre settlement cash company was able to provide a lawsuit cash advance to victims across the country, including NY and NJ. If you have already filed a sexual abuse lawsuit, you can apply for presettlement funding at: http://lawsuitssettlementfunding.com or call: 877.571.0405 Legal-Bay's programs are non-recourse lawsuit cash advances, also known as case funding, which means you only repay the settlement advance if you win your case. None of the programs should be considered to be a lawsuit loan, lawsuit loans, settlement loans, settlement loan, pre-settlement loans, or a pre-settlement loan. Contact: Chris Janish, CEO
Email: info@Legal-Bay.com 
Ph.: 877.571.0405 SOURCE Legal-Bay LLC
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Divorce Funding Has Arrived

Couples save for weddings, not divorces. As a result, many are cash-strapped and taken aback by the high costs of divorce. This places undue burden on attorneys, who must often choose between working on contingency or turning away clients. Fortunately, divorce attorneys can leverage divorce funding options, which allow receivables to be covered as they emerge. As reported in Bloomberg, the average cost of a contested divorce ranges from $15-$30k. Of course some reach into the millions and last for many years. Many divorce attorneys end up bearing the brunt of these costs, or turning away clients who can't afford the expense. Litigation funding has permeated the Legal Services industry, and divorce law is no exception. Unlike traditional banks and finance companies which assess a prospective client's eligibility based on assets, credit or income score, divorce funders base eligibility off of the expected settlement of the claim. As a result, funding becomes available for legal fees, expert costs and living expenses. As with other consumer funding, divorce funding can enable clients to hire the best possible attorney - one whose billable hour might be outside the scope of the client's normal budget. This optimizes the outcome in the client's favor. Divorce funding is a relatively new sector of the consumer legal funding space - having truly emerged in the last decade. And with the high cost of divorce, it's likely here to stay.

Debut Of Litigation Finance Firm BlueWhite Legal Capital Marks Latest Jules Kroll Venture, Leveraging Decades Of Legal And Business Success

NEW YORKOct. 7, 2019 /PRNewswire/ -- BlueWhite Legal Capital ("BlueWhite" or "the Company"), a privately-held litigation finance firm led by Jules KrollAaron RubinsteinEarl Doppelt, and Jack Blackburn – all prominent business, legal and finance professionals – today announced its official company launch. BlueWhite, which will focus on financing commercial litigation, is distinguished in an increasingly important industry by its experienced team; agile, strategic, and highly-focused approach; skills in asset tracing and recovery; and committed capital. "My colleagues and I are excited to launch BlueWhite Legal Capital and help build a leading firm that can deliver real value to companies and law firms," said Jules Kroll, Principal of BlueWhite and Chairman of K2 Intelligence and Kroll Bond Ratings. "We are veteran problem solvers who think like the lawyers and corporate executives we support, giving us powerful insight and a unique competitive profile." Mr. Kroll noted that commercial litigators are under increasing pressure to find business solutions that allow them to pursue meritorious cases with the right economics, and are finding litigation finance a value added approach. "Litigation finance is a powerful tool that can give companies and law firms a competitive advantage while enhancing efficiency and profitability. BlueWhite's team and I have worked to ensure that from day one, we are delivering these advantages with top-of-the-line capabilities, capital to deploy, and a culture of excellence and integrity," Mr. Kroll concluded. Uniquely Qualified Team of Business, Law, and Finance Professionals 
BlueWhite is led by its four principals: Jules KrollAaron RubinsteinEarl Doppelt, and Jack Blackburn. Each brings unparalleled experience at the highest levels of business, law, and finance:
  • Jules Kroll pioneered the business intelligence industry. He is the founder of K2 Intelligence, Kroll Bond Ratings, cybersecurity firm BlueVoyant, and Kroll Inc. He is currently the Chairman of Kroll Bond Ratings and K2 Intelligence. K2 Intelligence, which is an intelligence, investigations, and asset recovery firm, is one of the strategic owners of BlueWhite.
  • Aaron Rubinsteinmost recently a partner at Arnold & Porter Kaye Scholer LLP, chaired the Kaye Scholer litigation practice for more than a decade.
  • Earl Doppelt was formerly a senior executive and general counsel of several major multinational corporations, including The Dun & Bradstreet Corporation, The Nielsen Corporation, and Walter Energy, Inc.
  • Jack Blackburn is a former Wall Street executive with experience in litigation finance, having spent his career with Freddie Mac, Citicorp, Merrill Lynch & Co., and Burford Capital.
The BlueWhite Approach 
The Company's strategy will focus on commercial litigation, with specific targeted areas to include breach of contract, securities, M&A, antitrust, fraud, breach of duty, bankruptcy, intellectual property, and asset recovery. BlueWhite's strategic relationship with corporate investigations firm K2 Intelligence is expected to provide a distinct advantage with respect to matters that involve tracing hidden assets and enforcing legal judgments. BlueWhite will target average initial litigation finance commitments between $5 and $15 million, while maintaining the flexibility to evaluate each matter on its own merits and, where appropriate, provide financing outside of this range. The collective experience and expertise of its principals and its relationship with K2 Intelligence will enable BlueWhite to be a highly effective strategic partner to lawyers, corporate executives, and other claimants. Committed Capital 
BlueWhite is backed by Magnetar Capital, a leading alternative asset manager with over $12.9 billion of assets under management1, and a wide range of alternative credit and fixed income, systematic investing, and energy and infrastructure investment strategies. The Company will operate with committed capital, allowing it to move quickly for the benefit of its funded parties. 1 Moelis & Company LLC acted as exclusive financial advisor and placement agent for BlueWhite Legal Capital. Arnold & Porter served as BlueWhite's legal advisor. For further information about BlueWhite Legal Capital, please visit BlueWhiteLegalCapital.com. SOURCE BlueWhite Legal Capital
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