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General Counsel from 30 Corporations Take Stand Against Litigation Funding

General counsel and senior litigators from 30 companies have come out against the litigation funding industry, asking the Advisory Committee on Civil Rules to mandate disclosure of all funding agreements in civil actions. 30 corporations have signed a letter which was sent to the Secretary for the Committee on Rules of Practice and Procedure. The letter proposes an amendment to the Federal Rules on Civil Procedure 26(a)(1)(A) "to require in civil actions the disclosure of agreements giving a non-party or non-counsel the contingent right to receive compensation from proceeds of the litigation." The signatories argue that when a funder backs a lawsuit, it effectively becomes a 'real party' in the case, and that both defendants and the court have a right to know who has a stake in the lawsuit, and if ethical means of achieving success are being utilized. The signatories asset that they are not attempting to regulate litigation funding, and that "no harm would flow from requiring such basic transparency about who has invested in a lawsuit and the terms of that investment, at least none that could not be protected by the court, as the proposal contemplates." In the letter's final paragraph, the signatories even take a swipe at industry claims that the broader business community has been adopting litigation finance. The letter states: "Finally, we note that some litigation funders have contended that major companies are generally indifferent or opposed to such a disclosure requirement because corporate use of TPLF is allegedly widespread. No evidence has been proffered to support that assertion. Nor is it consistent with our experience." Below is a list of companies who signed the letter:
  • Allstate
  • AT&T
  • Bayer U.S.
  • BP America Inc.
  • Charles Schwab
  • Chevron
  • Comcast Corporation
  • CVS Health
  • Eli Lily and Company
  • Ford Motor Company
  • General Electric
  • GlaxoSmithKline LLC
  • Google
  • Home Depot
  • Honeywell
  • ITT Inc.
  • Johnson & Johnson
  • Liberty Mutual Insurance
  • MassMututal
  • Merck & Co., Inc.
  • Microsoft
  • Phillips66
  • RiverStone Group
  • RPM International, Inc.
  • Shell Oil Company
  • State Farm Mutual Automobile Insurance Company
  • Verizon Wireless
  • Westfield
  • Zurich North America

Keller Lenkner LLC Files Class Action Suit Against General Electric Company and H. Lawrence Culp, Jr.

CHICAGOFeb. 1, 2019 /PRNewswire/ -- Keller Lenkner LLC today announced that it filed a class action lawsuit on behalf of all purchasers of securities of General Electric Company ("GE" or the "Company") (NYSE: GE) from October 12, 2018through and including October 29, 2018 (the "Class Period"). The action was filed in the Southern District of New Yorkand is captioned Birnbaum v. General Electric Company, et al., No. 1:19-cv-01013. The complaint alleges that GE and its Chief Executive Officer, H. Lawrence Culp, Jr., violated the Securities Exchange Act of 1934 by issuing false and misleading statements relating to the U.S. Securities and Exchange Commission's (the "SEC") expanded investigation into the Company's accounting practices, including investigating GE's $23 billion goodwill impairment charge (the "Power Charge"). The Company announced the Power Charge on October 1, 2018, and the SEC investigation began shortly after. The Company revealed the truth on October 30, 2018, when the Company announced that the SEC had expanded its previous investigation into the Company's accounting practices to now include the Power Charge. The Company announced that the Department of Justice was also investigating GE. GE had failed to disclose this material information on October 12, 2018 when defendants announced that GE was delaying the release of the Company's quarterly earnings. Upon disclosure of these facts, GE's stock price fell sharply from a closing price of $11.16 on October 29, 2018, to a closing price of $10.18 on October 30, 2018—a nearly 10% market decline—on trading of almost 345 million shares. GE shares traded as low as $9.87 on October 30, 2018. If you wish to serve as lead plaintiff for the Class, you must file a motion with the Court no later than April 2, 2019, which is the first business day on which the District Court for the Southern District of New York is open that is 60 days after the publication date of February 1, 2019. Any member of the proposed class may move the Court to serve as lead plaintiff through counsel of their choice. Keller Lenkner represents the plaintiff. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact Plaintiff's counsel, Ashley Keller of Keller Lenkner at 312-741-5220, or via e-mail at ack@kellerlenkner.com Keller Lenkner pursues high-stakes litigation for plaintiffs across a variety of claims and practice areas. Its lawyers are uniquely situated at the intersection of law and finance, with experience that includes litigating in courts throughout the country as well as co-founding the world's largest private litigation finance firm. www.kellerlenkner.com SOURCE Keller Lenkner LLC

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The LFJ Podcast
Hosted By Nick Rowles-Davies |
In our first episode of 2019, we speak with Nick Rowles-Davies about his transition to the now publicly-traded LCM, what the global expansion plans are, why it's so difficult for funders to break into corporate portfolio financing, and what he foresees over the next five years for this ever-evolving industry. [podcast_episode episode="3462" content="title,player,details"]

IMF Bentham upsizes Funds in response to market demand for investment funding

SYDNEY (31 January 2019):  Leading global litigation and dispute financier IMF Bentham Limited (ASX: IMF) (IMF) announced today it is approaching investment targets for two of its funding vehicles ahead of schedule and has successfully increased the capacity of these vehicles to meet strong market demand for investment funding. IMF launched Funds 2 & 3 (known as ‘RoW’ Funds) in October 2017 with A$150 million to fund cases across Australia, Asia, Canada and Europe. In the coming months, IMF aims to launch the additional RoW Fund (Fund 5) to fund future cases in these regions. IMF has committed all of the ‘RoW’ Funds capital and has now upsized the ‘RoW’ Funds to A$180 million to meet demand prior to the launch of Fund 5. Investors (Partners Capital, Amitell Capital and IMF) have committed the additional A$30 million. Demand for funding is evident across all of the jurisdictions in which IMF operates, particularly in Canada and Asia, where contemporary third-party finance is relatively new and IMF is rapidly establishing a market and a leading presence. This upsizing brings IMF’s total Funds under Management to approximately A$1.1 billion. By the end of FY19 we anticipate IMF’s total global Funds under Management will exceed A$1.5 billion - cementing IMF’s position as one of the largest litigation and dispute financiers in the world. IMF Managing Director and CEO, Andrew Saker said: “These developments reflect investor confidence in litigation finance as an asset class and confidence in IMF in particular.  They also confirm the increasing appetite for dispute finance across the legal and other industry sectors. Dispute finance is increasingly becoming a mainstream option for organisations wishing to defray the cost and risk of litigation.” More: See ASX announcement here. ABOUT IMF BENTHAM LTD  IMF is one of the leading global litigation & dispute financiers, headquartered in Australia and with offices in the US, Singapore, Canada, Hong Kong and London.  IMF has built its reputation as a trusted provider of innovative litigation funding solutions and has established an increasingly diverse portfolio of litigation & dispute financing assets. IMF has been a leading pioneer of litigation financing in Australia since 2001, playing a significant role in the initial steps towards a globalised industry via its international expansion in the US, Canada, Asia and Europe. IMF has a highly experienced litigation funding team overseeing its investments delivering, as at 30 June 2018, a 90% success rate across 179 completed cases. For further information regarding IMF and its activities, please visit www.imf.com.au.

Louise Hird joins Therium Capital Management Australia from the Australian Competition and Consumer Commission

Melbourne/ Jersey, 30 January 2019. Therium Capital Management, a leading global provider of litigation finance, announced today that Louise Hird has been appointed to the firm as an investment manager. Louise joins Therium from the Australian Competition and Consumer Commission (ACCC), where she was a director leading investigations focused on consumer and competition law. Founded in 2009, Therium is one of the largest and most established litigation financing firms in the world. The firm has funded claims valued at $36 billion.

Therium Capital Management Australia Pty Ltd is headquartered in Melbourne and is led by Simon Dluzniak, who has worked in the funding industry in Australia and the UK since 2003.

Therium has funded claims in Australia since 2011 and is currently funding high profile shareholder class actions against the Commonwealth Bank of Australia Ltd and Spotless Group Holdings Ltd, as well as delivery management software company GetSwift Ltd.  Therium Capital Management Australia will continue to finance class actions and general commercial, insolvency and arbitration claims. The firm will also seek to develop the country’s emerging corporate funding and portfolio funding markets, as well as investigate the funding of arbitration claims in Hong Kong and Singapore, both of which are emerging markets for litigation finance.

Simon Dluzniak, Head of Therium Capital Management Australia, said: “We are very excited about launching our office in Melbourne and delighted that Louise has joined the team.  Her competition experience will be invaluable as we continue to deliver innovative funding solutions for our clients.  Whilst our business has been very successful in Australia for some time and we are funding some major cases, having a team on the ground ensures that we are closer to our clients, and better positioned to capitalise on market opportunities in Australia and the Asia-Pacific region more broadly.”

Louise Hird, Investment Manager at Therium Capital Management Australia, said: “I have known of Therium for many years and have been hugely impressed. The team has tremendous experience in funding highly complex, often cross border cases, both claimant and defendant side, and has been at the forefront of developing the industry globally. I am very excited to join the firm and look forward to building the business further in Australia and the wider region, as well as working with our international teams to leverage Australia’s long standing experience of funding.”

Prior to joining Therium, Simon spent 12 years with another international funder, leading on cases in Australia and the UK. He has significant funding experience, particularly in relation to class action and insolvency litigation, having managed a number of high-profile funded cases in both jurisdictions. Previously, Simon worked with corporate regulators in Australia and the UK, and at Ernst & Young. He graduated from La Trobe University with degrees in Arts (BA) and Law (LLB) in 1997.

At the ACCC, Louise led a wide variety of investigations into misconduct in various industries.  She has advised at a high level on enforcement strategy and case formulation in complex matters, and managed proceedings in the Federal Court of Australia.  Louise has a Bachelor of Arts from the University of Melbourne and a Master of Laws (Juris Doctor) from Monash University.

Therium has operations across Europe, including in the UK, Germany, Italy, Spain and Scandinavia, and in the US. Therium was the first commercial litigation funder to have operations on the ground in Germany and Scandinavia and it was the first European firm to launch a full service business in the US.

Litigation funding allows individuals and companies to take on litigation and arbitration cases that they might not otherwise be able to afford, and/or to hedge the costs and risks involved in such matters. Therium pays for all of the costs, including adverse costs in the event that the case is lost, and only receives payment if the case is won.

Therium Capital Management Australia Pty Ltd is located at: Level 3, 257 Collins Street, Melbourne VIC  3000. Telephone: +61 (0)3 8375 9641.

About Therium

Founded in 2009, Therium is a leading global litigation financing firm with a market-leading track record of generating superior returns for its investors. The firm works across all forms of commercial litigation and arbitration and invests in a broad range of complex commercial disputes, from securities and shareholder actions, international arbitration, competition and antitrust cases, through to intellectual property, insolvency and class actions. In February 2018, Therium announced its latest fund of £200 million, which the company is now actively deploying, and Therium has now raised nearly $800 million since its foundation. To date, the firm globally has funded claims valued at $36 billion. Therium has consistently been at the forefront of innovation in litigation finance, pioneering the combined use of insurance tools alongside funding vehicles, and introducing portfolio funding products into the UK.

The firm’s ability to develop innovative funding arrangements and bespoke financial solutions for litigants and law firms complements its unmatched experience and rigorous approach to funding a wide range of commercial disputes throughout the world.  In Chambers and Partners’ inaugural litigation support directory this year, Therium was ranked as a Tier 1 litigation funder. Therium is a founder member of the Association of Litigation Funders of England and Wales.

www.therium.com

Media enquiries

Desiree Maghoo Questor Consulting +44 (0)7775 522740 dmaghoo@questorconsulting.com

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Validity Finance Strengthens Investment Team and Corporate Governance

NEW YORK (January 29, 2019) – Litigation funder Validity Finance has made a notable addition to its growing investment team with the arrival of portfolio counsel William C. Marra in New York. The firm also announced a prominent addition to its governance structure, with Allen Fagin, formerly chair of Proskauer Rose LLP, joining Validity’s board of directors.  Finally, Validity has retained former New York federal Judge John Gleeson, a partner at Debevoise & Plimpton LLP in New York, as outside counsel to advise on investment opportunities. Launched last June with an initial $250 million in committed capital, Validity has built a substantial portfolio of investments in commercial disputes, partnering with business claimants as well as major law firms in helping finance and monetize their litigation matters. “As we continue to ramp up our business and scale our portfolio, we’re pleased to announce an outstanding new member of our professional team and welcome a distinguished name to our board and a distinguished adviser to our investment committee,” said Validity CEORalph Sutton. William Marra joins Validity from noted Washington, D.C. litigation boutique Cooper & Kirk, following judicial clerkships for Justice Samuel Alito of theU.S. Supreme Courtand Judge William Pryor of the U.S. Court of Appeals for the Eleventh Circuit. With a background litigating complex commercial, regulatory, and constitutional cases, Mr. Marra will help Validity review potential portfolio investments and advise clients and law firms on cases where funding may help ensure fair resolution. He received his J.D., magna cum laude, from Harvard Law School, where he was Articles Editor of the Harvard Journal of Law & Public Policy. “Will’s combination of high-stakes trial practice and experience advising on judicial opinions at the highest levels of the law is a decided advantage in helping our clients crack their toughest legal challenges with funding and strategic advice,” saidJulia Gewolb, Validity’s Director of Underwriting. Marra is the fourth Validity staffer to have served as a federal clerk and adds to the firm’s roster of former practicing trial lawyers which include former litigators from Kirkland & Ellis, Boies Schiller Flexner and Gibson Dunn, among other firms. Judge John Gleeson will advise Validity in its consideration of investment opportunities. A partner at Debevoise and a former litigator with Cravath, Swaine & Moore, Mr. Gleeson served as an Assistant U.S. Attorney for the Eastern District of New York, before being appointed a judge on the Eastern District by President Clinton in 1994. Stepping down from the bench in 2016, Mr. Gleeson continues to work on major trial and appellate matters, both civil and criminal, as a litigation partner at Debevoise. “With over 22 years’ experience on the federal bench, Judge Gleeson’s perspective on trial strategy and mechanics is unparalleled. In advising Validity, he will bring this wealth of experience to enhance our investment decisions,” Mr. Sutton commented. Allen Fagin joins Validity’s eight-member Board of Directors. One of the country’s leading labor and employment litigators, Allen represented a broad range of companies and organizations in workplace related matters. In 2005, Allen was elected Chair of Proskauer Rose, a position that he held for six years. Following his retirement from Proskauer, Mr. Fagin has served as Executive Vice President of the Union of Orthodox Jewish Congregations of America. “It’s an honor to have Allen Fagin take a seat on our board – his insights as a lawyer and his experience overseeing one of the country’s preeminent law firms, would be welcome enough,” Mr. Sutton said “but Allen also has a strong social conscience and ethical fabric, and we welcome his contributions advancing best practices in dispute funding.” Mr. Sutton said he expects Validity to introduce some new funding models in the coming year, including novel financing arrangements for law firms to undertake high-risk cases as well as initiatives for greater funding of defense-related matters. About Validity: Validity provides businesses, law firms and individuals with non-recourse funding for a wide variety of commercial litigation. Founded by litigation finance pioneer Ralph Sutton, Validity believes that capital and legal expertise combine to help solve legal problems on behalf of clients. With a mission to make a meaningful difference in the legal system by focusing on client needs, Validity stands out with a relentless focus on fairness, innovation and clarity.  For more, visitwww.validity-finance.com.

How Litigation Funding is Impacting the Broader Legal Market

Ever since its arrival on the stage in the early 1990s in Australia, litigation funding has managed to impact the broader legal climate in which it participates (in early 90s Australis, that was the insolvency market, today in Australia, the UK and America, that is nearly every legal sector). Take class actions, for example. Litigation funding has been proven to increase the rate of settlements  in class actions by 21%. Professor Vince Morabito of Monash University compiled data leading up to July 2017, which showed that funded parties in class actions are 69% likely to settle, whereas unfunded parties are only 48% likely to settle. According to an ICGN report shared on LinkedIn, litigation funding has had a significant impact on various sectors of the legal market. First and foremost is the non-U.S. Securities market. Ever since the Supreme Court's seminal 2010 ruling in Morrison v. National Australia Bank Ltd., which found that U.S. securities law applies only to stocks purchased on domestic exchanges, foreign securities investors have been ramping up legal activity across the globe. The growth of litigation funding has (not coincidentally) coincided with this surge in shareholder class actions, as funders can not only help finance claims, but can actually engage with law firms in the laborious process of building claims and sourcing claimants in the first place. This is clearly a major boon to non-U.S. law firms, which are often prevented from working on contingency the way their U.S. counterparts can. And funders have indeed been capitalizing on this opportunity, as it has been estimated that upwards of 50% of all new class action claims in Australia are funded claims. Of course, international arbitration is also seeing a spike in funded claims, with the formal acceptance of third party funding by both Hong Kong and Singapore last year. Arbitration is often a costly exercise, and typically lodged against extremely well-capitalized defendants. Litigation funders level the playing field for global enterprises seeking access to justice. All told, the various impacts of funding are only just beginning to be recognized, as the industry is still in its infancy - or perhaps its mere 'toddler' years. There is still plenty of maturation down the road ahead for litigation funding, and if the past few years are any indication, we're likely to see the wider legal market change drastically as a result.

Legal-Bay Pre Settlement Funding Kicking Off 2019 With 24-Hour Approvals On Motor Vehicle Accidents And Personal Injury Cases

JERSEY CITY, N.J.Jan. 28, 2019 /PRNewswire/ -- Legal-Bay LLC, the pre settlement funding company, is poised to offer 24-hour approvals for victims of personal injury and car and truck accidents. During this time of year, accidents spike due to icy road conditions and reckless driving. Car, semi truck, and other motor vehicle accidents including public bus transportation are prevalent at this time of year, especially when weather conditions are taken into consideration.
Along with outdoor hazards, public indoor spaces can also offer risky conditions. Wet floors, walkways, and stairs can cause personal injury or even death. If you are currently awaiting a monetary settlement from a motor vehicle or personal injury lawsuit, Legal-Bay may be able to get you a cash advance in as little as 24 hours. Their ample and experienced staff will be able to explain the presettlement funding process, and get you the lawsuit money you have coming to you.
Chris Janish, CEO, commented on the company's dedication to their clients, "Legal-Bay is off to a great start in 2019 as we strive for continued excellence with our customer service and even faster turnarounds. As our clients look to access funds for their lawsuit, our staff is ready and willing to assist them with the quickest pre-settlement approvals in the industry." Legal-Bay urges clients who need cash now to apply online at: http://lawsuitssettlementfunding.com Car and semi truck accidents cases are the most prevalent lawsuits in the courts. However, Legal-Bay handles all cases including personal injury, slip and falls, premise liability, medical malpractice, construction accidents, wrongful termination, discrimination and sexual harassment, along with many others. Legal-Bay's funding programs are non-recourse, no-risk lawsuit cash advances, also known as case funding. None of the programs should be considered to be a settlement loan, settlement loans, lawsuit loan, lawsuit loans, pre-settlement loans, or a pre-settlement loan, as the money does not need to be paid back if you ultimately lose your case. To apply now for lawsuit settlement funding go to the company's website at: http://lawsuitssettlementfunding.com or call the company's toll free intake line at: 877.571.0405 where agents are standing by.

Contact: 

Chris Janish, CEO

Email:  info@Legal-Bay.com

Ph.: 877.571.0405

SOURCE Legal-Bay LLC

Woodsford Litigation Funding bolsters its presence in Asia with the appointment of former head of the Hong Kong office of Latham & Watkins to its Investment Advisory Panel (IAP)

LONDON, SINGAPORE, HONG KONG, PHILADELPHIA 30 January 2019, Woodsford Litigation Funding, the global provider of litigation financing solutions for businesses, individuals and law firms, has announced that Hong Kong based Simon Powell has joined its Investment Advisory Panel. Simon is an independent arbitrator in Asia. Prior to this he was a senior partner in a number of leading global law firms, including most recently Latham & Watkins, where he managed the Hong Kong office for a number of years and built and then led the disputes and arbitration practice across Asia. Simon has spent the last 27 years of his life as an arbitration and dispute resolution lawyer in Asia, focusing on complex commercial and corporate disputes. This experience will be invaluable for Woodsford in assessing the increasing number of investment opportunities emanating from the region, particularly now that Hong Kong has changed its law to permit funding of arbitration. “As various countries across Asia have liberalised their funding regimes, we have seen a significant increase in the number of requests for funding. We expect this growth to continue apace and the need for a dedicated Asian arbitration expert on our IAP has become increasingly apparent. We are delighted to have somebody of Simon’s calibre on board.” said Charlie Morris, Woodsford’s Chief Investment Officer, EMEA & APAC. Simon Powell commented, “I’m delighted to be joining Woodsford at this time. With Hong Kong permitting arbitration funding from February 1st and a continuing increase in interest in funding for Singapore-based arbitrations, I look forward to playing my part in establishing Woodsford as the leading funder in the region." Woodsford recently announced a wave of executive appointments in the US and is currently recruiting for a number of other posts, including a Business Development Manager (Singapore), Director of Business Development (London) and Commercial Manager (London or Philadelphia). [Ends] About Woodsford Litigation Funding Founded in 2010 and with offices in London, Philadelphia and Singapore, 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. Interviews, photos and biographies available on request. Media contact Steven Savage Head of Marketing & Business Development ssavage@woodsfordlf.com UK +44 (0)20 7985 8410 For further information visit http://www.woodsfordlitigationfunding.com or follow on Twitter @WoodsfordLF.