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$2.3 Billion of Capital Deployed Over 12-Month Period Across U.S. Commercial Litigation Finance Industry, According to First-of-Its-Kind Study

November 19, 2019—NASHVILLE— The first-ever detailed analysis of the U.S. commercial litigation finance industry places its size at $2.3 billion, leading U.S. litigation finance advisor, Westfleet Advisors, reported today in its inaugural Westfleet Advisors Litigation Finance Buyer’s Guide. Driven by data collected directly from litigation funders, the Guide represents the first reliable calculation of the size of the U.S. litigation finance industry and offers the most complete and revealing picture ever painted of the sector. This study includes data on the size, scope and focus of U.S. commercial litigation finance, as well as detailed profiles of many of the 41 litigation funders active in the space.

Litigation finance has remained to many—including the corporate legal departments that are its customer base—a market shrouded in mystery but filled with tremendous opportunity for users and funders alike. Through its canvassing of individual providers, Westfleet Advisors was able to “pull back the curtain” on the industry, finding that financiers have $9.5 billion of capital dedicated to financing commercial litigation in the U.S. During the 12-months from July 1, 2018 to June 30, 2019, $2.3 billion was committed to commercial litigation finance transactions in the U.S. market, quite possibly indicative of a current oversupply of capital. “[T]hese industry dynamics create favorable conditions for those potential users of litigation finance who can successfully navigate the market,” the guide concludes.

“Despite all the industry’s advances and virtues, litigation finance remains mostly opaque to its potential users, to the courts, and to other stakeholders in the civil litigation system,” said Charles Agee, founder of Westfleet Advisors and co-author of the buyer’s guide. “The industry will benefit from a broader understanding of its many benefits and from greater transparency generally. This has long been among our core objectives, and we are hopeful that this guide represents an important step in that direction.”

The guide includes one-page snapshots of major litigation financiers, identifying their preferred financing ranges, assets under management (AUM), financing criteria, and key personnel, among other information. Funders included in the guide vary from those with AUM in excess of a billion (including Bentham IMF and Therium), to those with hundreds of millions in AUM (like Validity, Parabellum, and Curiam), to small boutiques with less than $10 million under management.

Additional significant findings from the guide include:

  • The commercial litigation finance industry employs nearly 300 people in the U.S.;
  • Portfolio deals with law firms make up 47% of capital deployed; and
  • 70% of financing supports litigation being handled by law firms outside the AmLaw 200.

The full report is available at this link.

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 claim holders 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.

Segue Cloud Services Names Kevin Flood as Chief Operating Officer

Woodstock, NY—November 18, 2019, — Segue Cloud Services, a leading provider of cloud-based litigation finance management tools for the legal community, announced that it has appointed Kevin Flood, a proven business leader and former executive with the Coca-Cola Bottling System, as its new Chief Operating Officer. Flood will design and implement Segue Cloud Services’ ongoing business strategy, delivering both short- and long-term growth plans to build a robust organization serving attorneys and law firms across the United States. Flood has a proven track record of leading complex organizations and consistently delivering positive results. He served in several executive positions at Coca-Cola for more than two decades, including General Manager of Southern California, Vice President of Sales and Operations for the West Region, and Vice President of the New York Market Unit. In his capacity at Segue, Flood will work closely with the organization’s leadership team as the company expands its geographic and services footprint. “Kevin’s extensive experience as a driven, effective leader brings a new level of creativity and expertise to our operations,” said Jerry Fastman, Chief Executive Officer at Segue Cloud Services. “We’re excited to have him on board, and look forward to his contributions as Segue continues to reimagine technologies that serve the pre-settlement funding sector.” “I’m delighted to join the accomplished and dedicated leadership team at Segue,” said Flood. “The company is delivering a comprehensive platform that automates the entire pre-settlement funding process, allowing employees to focus on serving their clients instead of handling cumbersome administrative chores. I look forward to contributing to Segue’s growth as it continues to gain traction in the legal sector.” Headquartered in Woodstock, New York, Segue Cloud Services has developed an innovative software platform that has successfully operated a pre-settlement company since 2015. This software automates a full range of tasks associated with the pre-settlement funding process, from intake to settlement. Built on the popular Salesforce.com platform, Segue’s solution is secure, efficient, and effective. The software organizes and centralizes all contact information, populates forms, generates reports and documents, and notifies all parties by automating status changes, contract generation, and pay-off letters. Through this intuitive solution, legal finance providers can enhance productivity, streamline daily workflows, reduce costs, and speed time-to-market. About Segue Cloud Services Headquartered in Woodstock, New York, Segue Cloud Services provides cloud-based technology that automates all aspects of pre-settlement funding, from intake to settlement. Built on the Salesforce.com platform, Segue’s robust, customizable software tracks the progress of all funding requests, including the intake of forms, and automatically notifies staff, attorneys, paralegals and clients of status changes. Segue is integrated with Conga’s document management system, enabling customers to seamlessly create documents and generate reports. For additional information, visit www.seguecloudservices.com.

In Bid for Greater Transparency, NAB Warn Shareholders of Mounting Legal Costs

National Australia Bank (NAB) is facing a myriad of regulatory actions and lawsuits which is leaving company executives in a lurch. After voluntarily self-reporting potential compliance issues to regulators, the bank announced to shareholders in its annual report that it is facing mounting legal and financial pressure in the wake of revelations from the Hayne Royal Commission. As reported in The Market Herald, NAB is alleged to have violated anti-money laundering and counter-terrorism financing laws. Regulator AUSTRAC hit the bank with a $700MM fine last year, and now NAB has self-reported potential compliance issues to various regulators in charge of those anti-money laundering and counter-terrorism financing laws. NAB also faces regulatory pressure from the Australian Securities and Investment Commission (ASIC), which is filing a civil claim against NAB after a report from the Royal Commission found the bank to have allegedly violated the Consumer Credit Protection Act. NAB's self-reporting to regulators and announcement to shareholders can be viewed as the bank turning over a new leaf, in a bid for greater transparency. However, given the intense pressure the bank is already under, it could be too little too late.

U.S. Claims Closes $50 Million Deal

DELRAY BEACH, Fla., Nov. 12, 2019 /PRNewswire/ -- DRB Financial Solutions, LLC (DRBfinancial.com), and its wholly-owned subsidiary U.S. Claims (USClaims.com), America's premier pre-settlement funding company, today announced the two-year renewal of a $50M pre-settlement revolving credit facility.  The renewal comes amidst a string of financial transactions that have helped the company improve its offerings and foster further growth.

Steve Bashmakov, the company's Chief Financial Officer, commented, "This facility is being provided by one of our institutional partners that understands the fundamental credit quality of these assets and the strength of U.S. Claims' underwriting, origination, and servicing capabilities."

He continued, "It is a continuation of a long-term commitment with a tremendous partner.  We have chosen to renew it because it offers fantastic flexibility as well as attractive pricing and advance rates for our litigation funding business."

The $50M financing facility is yet another in a series of recent votes of confidence from the capital markets that will help fuel the company's continued growth.

About U.S. Claims: U.S. Claims (www.USClaims.com) provides litigation funding for plaintiffs, attorneys, and surgeries.  Its flagship offering is providing non-recourse financial support to personal injury victims, some of whom may have suffered catastrophic injuries from defective products, unsafe premises, motor vehicle accidents, and other types of accidents; this financial support provides the injured plaintiff the means to pay bills and endure the often long and arduous litigation process.

About DRB Financial Solutions, LLC, (DRB) provides liquidity solutions to individuals and small/medium-sized businesses holding high quality but illiquid assets. Having raised over $1 billion in capital and developed a robust origination platform, DRB is a market leader in four major lines of business:  U.S. Claims, CRG Financial, (CRGFinancial.com), DRB Capital (DRBCapital.com) and Producer Advance (ProducerAdvance.com).

63% of In-House Counsel Report Increased Pressure to Reduce Costs Amidst a Lack of Resources

A new survey by Konexo, the alternative legal services department of global law firm Eversheds Sutherland, has found that nearly 2/3 of in-house counsel surveyed report increased pressure to reduce costs, while resources continue to dwindle. Yet despite this, GCs are loathe to outsource work to external counsel, instead looking for alternatives to the traditional law firm model. As reported by Australasian Lawyer, in-house counsel are increasingly handling larger and more complex claims, and are doing so with fewer resources at their disposal. And to top it all off, they are being asked to cut costs. Yet only 19% of respondents said that they plan to leverage external counsel for help. Instead, GCs are opting for creative workarounds, such as Legal Tech instruments which can help with data analytics and document automation. While the focus of the survey was on advancements made in the Legal Tech space, and how those services can help streamline operations and in turn ease the costs burden, there is a clear parallel here with litigation finance. The #1 selling point for funders is a reduction of both costs and risk for legal departments, and with in-house opening the welcome mat for Legal Tech, clearly the focus is on alternative strategies to achieve those aims.

Momentum Funding Welcomes New Regional Account Executive, with a Focus on Central Florida

ORLANDO, Fla.Nov. 12, 2019 /PRNewswire/ -- Momentum Funding, a premier legal, medical, and transportation finance company, is excited to announce and welcome Kaitlynn Diaz as a new Regional Account Executive. She will oversee business in Central Florida. She comes to Momentum with a Juris Doctorate from Ave Maria School of Law and has worked in the legal industry for the past six years.
"We are very excited to have Kaitlynn join the team. She brings experience, a lot of energy, and wants to help attorneys add value to their cases. We look forward to growing our business in the Orlando market with her." said Mike Willyoung, Chief Marketing Officer at Momentum.
Ms. Diaz will directly consult and assist attorneys through the litigation finance process to offer a streamlined experience that is unmatched in the industry. Momentum Funding's core business is pre & post-settlement funding, focusing on assisting plaintiffs with their financial needs. They also provide medical funding, directly paying for medical procedures, surgeries, deductibles, and health insurance policies. For clients with transportation needs, they have launched a revolutionary ride service855-You-Ride, which offers a trusted and commercially insured concierge service to help transport plaintiffs to legal and medical appointments. The company has a growing national presence and provides resources and education for attorneys. They are licensed by the Florida Bar to offer continuing legal education (CLE) credits on the ethics of legal funding. The Momentum team consults with firms to add value to their clients' cases. For more information about plaintiff funding, medical funding, or their transportation service, please reach out to Elizabeth Pekin, Esq., at 855-855-FUND(3863) or visit www.momentumfunding.com.

Legal-Bay Announces $105MM Fund to Pay for Negligence Claims in California Wildfires

PARADISE, Calif.Nov. 12, 2019 /PRNewswire/ -- Legal Bay Lawsuit Funding reports that residents of northern Californiawho have been affected by the slew of recent wildfires can apply for aid through the Wildfire Assistance Program. The $105 million fund was approved by the judge during PG&E's Chapter 11 case, and will be made available via the company's cash reserves. While the funding has been approved for victims of the 2017 wildfires and 2018's Camp Fire, payouts may be delayed due to even more disasters that have plagued the area. Numerous new wildfire claims have been filed, and the number of people affected ranks in the thousands. Even though settlements may be drastically delayed, Legal-Bay is still offering pre-settlement funding for families in need of an immediate cash advance. If you need an immediate cash advance against your pending wildfire lawsuit, you can apply at:  http://lawsuitssettlementfunding.com or call: 877.571.0405 It is difficult to prove negligence on the part of the utility companies. There must be strong evidence showing blatant irresponsibility and lack of reason when it comes to wildfire prevention. But Legal-Bay believes that with the recent court verdicts, wildfire legislation, and PG&E's outright admission of guilt, plaintiffs stand a great chance of coming out ahead. Chris Janish, CEO of Legal-Bay, commented on the recent uptick in wildfire lawsuits, "The victims of these horrific tragedies have already suffered enough, but now they are forced to wait it out as their lawsuits lag in the court system. In the meantime, pre settlement funding is available to plaintiffs who need money now to survive until their wildfire lawsuit makes it to trial. People need to rebuild their homes and their lives, and Legal-Bay is happy to help in any small way we can." If you have filed a wildfire lawsuit and need an immediate cash advance against your pending settlement, you can apply for presettlement funding at:  http://lawsuitssettlementfunding.com or call: 877.571.0405 Legal-Bay's funding programs are non-recourse, 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.

Why the Construction Industry is Ripe for Litigation Finance

The global construction industry is one that is utilizing litigation finance to greater and greater degrees. With heavy CapEx, a high rate of legal disputes and low margins, construction firms and contractors are finding solace in third party litigation finance. As reported in Construction News, last year's bankruptcy of UK contractor Carillion sent shockwaves through that nation's construction industry. Indeed, this is an industry that is teetering-- a recent CN100 poll found that the 10 largest UK construction firms reported an average pre-tax loss of -.5% last year. And total profits for the 100 largest construction and contracting companies - at just over £1B - equates to a mere 1.5% of turnover. What's more, construction is a risky business; things go wrong all the time, which naturally leads to a bevy of lawsuits. So construction and contracting companies are increasingly turning to litigation finance to achieve certainty in regard to their legal spend, and simultaneously reduce risk. And this trend isn't localized to the UK. We've reported on the rise of litigation finance in India, thanks to several construction companies there who have begun to utilize outside funding. And with China's colossal One Belt One Road initiative well-underway, everyone is expecting a rise in construction-related disputes from the 60 countries involved. Many third party funding experts have been eyeing the industry's potential expansion into Southeast Asia. It may very well end up being the construction industry which beckons global funders to that corner of the world.

Woodsford Litigation Funding enters the Canadian market with three key hires

LONDON 11 November 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 and entry into the Canadian market with the appointment John G. Booth, Ekin Cinar and Richard Asselin as Consultants. Ekin, with extensive experience in complex, high-value disputes involving commercial arbitration and litigation, is based in Toronto. Richard, a senior business professional with significant experience in Canada’s oil & gas service industry, is based in Calgary and will service the BC and Alberta markets for Woodsford. John, an experienced commercial litigator, investment banker, IP strategist and fund manager will split his time between the UK and Canada, with a focus on the entire country. These appointments are a graphic illustration of both the size of the opportunity Woodsford has  identified in Canada and the continued rapid global growth of the business as a whole, following last month’s announcement of three appointments to the UK executive team. “Following significant diligence, we firmly believe in the potential of the Canadian market. With these three appointments we have the key markets on both sides of the country covered. The expertise in our new Canadian team will allow us to fund all types of disputes including class actions, energy disputes, IP claims and general commercial litigation” commented Mark Spiteri, Woodford’s Finance & Commercial Director. John Booth commented, “It’s tremendously exciting to be joining one of the world’s leading litigation funders as we enter the Canadian market that I know so well. I am really looking forward to playing my part in making Woodsford Canada a success.” About Woodsford Litigation Funding Founded in 2010 and with a presence in London, Philadelphia, San Francisco, New York, Toronto, Calgary, 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 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.