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Announcements Commercial

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.

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"]
Commercial

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.
Announcements Commercial

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.
Commercial

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.
Announcements Commercial

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.

Commercial

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.
Announcements Consumer

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

Commercial

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.