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Litigation Finance Pioneer Bentham IMF Breaks the Mold of Law and Finance, Completing Hires that Establish Gender Equality and Build on Specialized Expertise of Investment Management Team

NEW YORK (January 29, 2019) – Leading commercial litigation funder Bentham IMF has hired Sidley Austin LLP partner, Dana MacGrath, and Kirkland & Ellis LLP partner, Sarah Tsou, as investment managers and legal counsel responsible for sourcing and evaluating arbitration and commercial litigation matters that meet Bentham’s investment criteria. The company has also hired Chief of Staff, Tina Young, from Deloitte Consulting LLP. This marks the second round of hiring at the company since it launched its most recent fund in November 2018. Bentham and its parent company, IMF Bentham Limited (ASX:IMF), already stand out in the male-dominated industries of law and finance for having women throughout the ranks—including at the board of directors, senior management and investment management levels. These new hires, along with hires the company announced in December 2018, establish gender equality at a level where law firms and financial institutions have struggled to achieve it. The company’s ten-person senior investment management team in the U.S., which is comprised solely of lawyers in business-generating roles comparable to equity partner roles at law firms, now has an equal number of men and women. This achievement furthers the company’s tradition of setting high standards for diversity in the burgeoning industry it helped to form. The arrival of Dana and Sarah also strengthens the company’s ability to evaluate cases in areas of practice where demand for funding is high. Dana will be responsible for leading the company’s investments in international arbitration matters. She has long been a leading practitioner in international arbitration, having conducted arbitrations before the preeminent international arbitration institutions, as well as before ad hoc arbitration panels, and serving as an arbitrator herself. She has also represented U.S. and foreign parties in disputes regarding the enforceability of arbitration agreements and arbitral awards, forum selection and choice of law clauses, sovereign immunity and discovery in the international context. Sarah will enhance Bentham’s ability to evaluate intellectual property matters for investment, in particular patent litigation. She brings the perspective of a big firm lawyer who has spent over a dozen years representing clients ranging from start-ups to Fortune 100 companies in all aspects of complex litigation from inception to trial. In addition to litigating patent disputes spanning a broad range of technologies and industries, Sarah has also handled trade secret and trademark litigation and counseled clients in corporate acquisitions, licensing matters, and other transactions. Tina Young will play a management role for Bentham, drawing on more than 25 years’ experience working in the financial services and TMT industries for companies including JP Morgan Chase Bank, N.A., Morgan Stanley and Reuters America. Throughout her career, Tina has held senior leadership roles on global teams devoted to data management, leveraging industry and client insights, providing strategic sourcing solutions for risk and compliance, expense management and procurement. “Dana and Sarah will give us the unique competitive advantage of having the in-house expertise to rapidly evaluate arbitration matters and intellectual property litigation claims and invest in those most likely to help us sustain our 90% success rate,” said Allison Chock, Bentham’s US Chief Investment Officer. “We’re thrilled that recruiting the very best candidates for these roles also brought about the unintended but excellent circumstance of establishing a 50/50 gender balance on our senior investment team.” “The law firms and claimants that partner with Bentham choose to do so for the factors that set us apart from other funders: our unparalleled experience, our impressive track record, the simple and fair investment terms we offer, and access to a team comprised of litigators from top-tier law firms and litigation boutiques,” said Charlie Gollow, Bentham’s US Chief Executive. “Steadily building on our team’s specialized expertise, first with the 2017 hire of our bankruptcy funding specialistKen Epstein, and now with the hire of Dana and Sarah, furthers our ability to make Bentham the obvious financier to choose—for general commercial litigation, as well as bankruptcy, international arbitration, intellectual property and other types of matters.” The team’s newest hires are highly qualified in their respective fields. Dana has been recognized as a leading practitioner of international arbitration in various directories, including Chambers USA, Who’s Who Legal: Arbitration, Latinvex in “Latin America’s Top 100 Female Lawyers” and Expert Guides’ Guide to the World’s Leading Experts in Commercial Arbitration. She is the current President of the Board of Directors of ArbitralWomen, an international nonprofit organization that promotes women and diversity in international dispute resolution. She is also a member of several other professional associations. She is an adjunct professor of law at Brooklyn Law School, where she teaches a seminar on international commercial arbitration and coaches the Brooklyn Vis International Commercial Arbitration Moot team. Dana earned her J.D. from New York University School of Law and her B.A. cum laude, from Middlebury College. Sarah has tried numerous cases before federal district juries and judges, arbitration panels, and the U.S. Patent Office, and she joins Bentham just weeks after her latest jury trial win. Working with the world’s premier intellectual property trial lawyers, she has secured significant verdicts and judgments for both plaintiffs and defendants, including some over $100 million. Sarah and her cases have been recognized in The American LawyerLaw360 and other publications. Most recently, one of her successes was profiled by Law360 in its announcement naming her former firm a 2018 IP Group of the Year. In addition to taking various committee leadership roles at her former firm, Sarah was a recipient of the Kirkland & Ellis LLP Pro Bono Service Award. She earned her JD from New York University School of Law and her BA from Washington University in St. Louis, graduating summa cum laude, with Highest Honors. ABOUT BENTHAM IMF Bentham IMF is the US arm of publicly listed IMF Bentham Limited (ASX: IMF), one of the most successful litigation funding companies in the world, and one of only two Chambers and Partners “Band One” litigation funding companies in the US, with a portfolio that has a total claim’s estimated recoverable amount of $5.6 billion AUD. Together, our companies have 14 offices throughout the US, UK, Australia, Canada and Asia and provide funding to clients in jurisdictions including the US, UK, Europe, Australia, Canada, New Zealand, Hong Kong and Singapore. We have reviewed thousands of commercial cases in the past 17 years, funding to completion 179 cases and generating $2.3 billion AUD in recoveries. We have achieved a 90% success rate, with clients utilizing our funding retaining an average of 62% of all case proceeds. For further information regarding Bentham IMF and its activities, please visit www.benthamimf.com. DISCLAIMER Nothing herein should be construed as an offer to buy or sell, nor a solicitation of an offer to buy or sell, any security or other financial instrument, or to invest assets in any account managed or advised by Bentham IMF or its affiliates.

Burford Backs AMP Claim as Entry Point to Aussie Market

Burford Capital, the world's largest litigation funder, has confirmed rumors that it is indeed setting up shop in the land where litigation funding first began. The funder became one of five global funders to partner with a law firm (in Burford's case, Quinn Emanuel) on the filing of a shareholder class action against wealth management giant AMP. Now Burford has announced plans to formally enter the Australian market, with an eye towards further class action claims. As reported by ABC, Burford is looking to capitalize on the findings of the Royal Banking Commission which found that AMP charged clients fees for services it did not procure. Burford CEO Christopher Bogart acknowledged that his firm's involvement in the AMP case is meant to be a stepping stone for future funding engagements in Australia, calling the partnership with Quinn Emanuel "an important foot in the door." The UK-based Burford has no solid footprint in Australia, the world's oldest litigation funding market, and so will have to build its business there from scratch. While many regulators and government officials have been crying foul over funder influence in the class action market (spiking the number and size of claims against corporations), Bogart contends his industry is performing "an enormous public good" by lowering the cost of bringing a class action claim for the pool of litigants. Given Burford's latest $1 billion fundraise from an unnamed sovereign wealth fund (1/3 of that total coming from the funder's own balance sheet), the company has plenty of deployment options when it comes to making investments in Australia - or anywhere else, for that matter.

Australian Law Reform Commission Issues Recommendations Promoting Fairness in Class Actions

The Australian Law Reform Commission (ALRC) has issued its long-awaited report on suggested improvements to the class action legal climate in Australia. Class actions are on the rise - specifically shareholder actions - thanks in part to broad regulations imposed on public corporations by the government, as well as the rise of litigation funding which is helping fuel law firms that build large-scale cases against alleged corporate malfeasance. Now the ALRC wants to implement measures that it says will "promote fairness and efficiency in class action proceedings, protect litigants and assure the integrity of the civil justice system." The ALRC has released a report outlining two dozen recommendations aimed at reforming the Australian class action ecosystem. The report, which is called: Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders, is the result of over 60 consultations with various stakeholders. Some highlights of the ALRCs report:
  • The implementation of a percentage-based fee model for solicitors would enhance access to justice and decrease associated costs to litigants. Additionally, a voluntary accreditation scheme for solicitors should be established.
  • A security for cost award would reduce the risk of ligation funder influence over a case, or of a funder's failure to meet its financial obligations. Likewise, the Court should maintain broad oversight of any funding agreements, and ensure that they indemnify lead plaintiffs against an adverse costs order.
  • Standardized mechanisms should be put in place that enable the Federal Court to properly manage competing class actions.
  • The Federal Court should appoint an independent costs referee to ascertain the reasonableness of legal costs in class action proceedings.
  • In general, transparency in class action settlements should be promoted and increased.
The ALRC recommends government reviews of the statutory enforcement regimes, as well as the  legal and economic impact of the regulatory implementations, with special emphasis placed on continuous disclosure obligations, given how broadly that allegation can be leveled against corporations whose stock prices suddenly plummet. The ALRC does recognize that further investigation of class action regulation is warranted, and that these recommendations are just that - recommendations, not laws. That said, those looking to drastically reform the class action system now have a viable framework which which to promote their ongoing agenda. We'll have to wait and see to what extent the ALRCs recommendations are implemented by the Australian government.

RPX Announces Licensing Transaction with IP Bridge

SAN FRANCISCOJan. 24, 2019 /PRNewswire/ -- RPX Corporation today announced that it secured licensing rights for 10 companies to 595 semiconductor-related patents owned by Godo Kaisha IP Bridge 1 (IP Bridge). "As the nature of patent risk evolves, RPX continues to play a pivotal role in bringing companies together to resolve costly and time-consuming patent problems with greater efficiency than any one company can achieve on its own," said Dan McCurdy, Chief Executive Officer of RPX. "RPX's resources, patent knowledge, and deep ties to industries worldwide uniquely position us to complete complex transactions such as this and to resolve patent-related issues that impact entire industries." "Working with RPX allowed us to more efficiently resolve these ongoing patent licensing disagreements and to deliver a result upon which both IP Bridge and these various semiconductor companies could agree," said Hideyuki Ogata, Executive Manager of IP Bridge. "IP Bridge welcomes any investor or corporation with their patents if it may contribute to IP Bridge's mission of promoting open innovation." The companies receiving licenses to the IP Bridge semiconductor portfolio represent major companies in various segments of the semiconductor ecosystem. ABOUT RPX
RPX Corporation is the leading provider of patent risk solutions, offering defensive buying, acquisition syndication, patent intelligence, insurance services and advisory services. Since its founding in 2008, RPX has introduced efficiency to the patent market by providing a rational alternative to litigation. The San Francisco-based company's pioneering approach combines principal capital, deep patent expertise, and client contributions to generate enhanced patent buying power. By acquiring patents and patent rights, RPX helps to mitigate and manage patent risk for its growing client network. As of December 31, 2018, RPX had invested over $2.4 billion to acquire more than 43,000 US and international patent assets and rights on behalf of approximately 320 clients in eight key sectors: automotive, consumer electronics and PCs, E-commerce and software, financial services, media content and distribution, mobile communications and devices, networking, and semiconductors. ABOUT IP BRIDGE
IP Bridge is focused on promoting technological innovation and cooperation within Japan and around the world. IP Bridge has worked with investors worldwide, from 26 major global corporations to the Japanese Government, to establish the first and largest fund in Japan (approximately $300M) aimed at global innovation and IP-related investments. IP Bridge's mission is to discover, activate and leverage high-quality, under-utilized intellectual property assets to the benefit of a variety of IP owners based in and outside of Japan. IP Bridge's vision is that these activities will stimulate economic development and a healthy growth of industries worldwide. IP Bridge actively engages leading technology companies, small and medium size enterprises (SMEs) and universities to build large and high-quality portfolios of 3,500 worldwide patents that are growing.  These portfolios are in the fields of wireless communications, semiconductors, video codecs, display technologies, automotive technologies, robotics, home appliances, electric devices, healthcare, environment and energy, food technologies, and medical engineering. Media Contact:
Jen Costa
RPX Corporation
+1.415.852.3180 
media@rpxcorp.com SOURCE RPX Corporation

How China’s Belt and Road Initiative May Help Bring Litigation Funding to the Mainland

China's Belt and Road Initiative (BRI) is arguably the largest infrastructure project ever. Consequently, there have already been and will continue to be a myriad of disputes that arise. These commercial and investor-state disputes are actually helping mainland China's judicial climate evolve, and with that evolution may eventually come mainstream acceptance of litigation funding. According to Vannin Capital's latest Funding in Focus series, China is indeed undergoing a rapid transformation when it comes to its legal system. The world's most populous nation is taking steps to improve its capacity to resolve disputes, especially when in the area of international arbitration. The ICC, for example, is focusing on large-scale complex disputes, especially as relates to the BRI. And the Chinese Supreme People’s Court is placing a strong emphasis on upholding the arbitral rules set forth in the New York Convention. Mainland China has long-needed a reform of its legal system, and BRI may yet prove to be the spark that finally ignites the flame. What's more, China is keenly aware of the steps that Hong Kong and Singapore have taken to cement their status as the top arbitral centers of Asia, in part by welcoming the use of third party funding in international arbitration disputes. While the practice is recognized in China, it is not yet mainstream, and there are still many knowledge gaps around the benefits of third party funding as well as the various implementations (portfolio funding, for example). Yet China has shown great eagerness when it comes to competition, so it isn't a far cry to assume that broader acceptance of the practice will soon arise. Of course, there are still barriers to entry - enforceability being a key concern. And China's dispute resolution culture is one that leans more towards mediation, hence legal professionals are less-experienced in areas of litigation and arbitration than many funders would like them to be. As Peter Hirst, Co-Chair of the Clyde & Co Global Arbitration Group noted, "For Chinese parties, there is a greater focus on building relationships of trust and confidence. I think it is best summed up in understanding that the contract is seen as the start of a relationship, not the culmination of it." While BRI won't change the culture overnight, it is still forcing China's hand, so to speak.  China has no other choice but to update and reform its legal system, and as the years drag on (BRI was first implemented in 2013), Chinese legal professionals are gaining more and more experience in areas that matter most to funders - namely international commercial arbitration and investor-state disputes. Of course, when it comes to BRI dispute resolution, mainland China will be competing with Singapore and Hong Kong, as well as major international arbitration centers such as New York and London. That said, no one expects China to reach the summit right away. It's a long climb to the top of the mountain, and it seems that BRI is providing the first leg up.

Woodsford Litigation Funding announces further expansion with a wave of senior executive appointments and new Hong Kong based addition to its Investment Advisory Panel (IAP)

LONDON, PHILADELPHIA, HONG KONG 23 January 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 IAP. The appointments of Michael Kallus as Senior Investment Manager (San Francisco), Sarina Singh as Director of Litigation Finance (Philadelphia) and Eamon Wood as a Consultant (New York) will further boost Woodsford’s US operations and for the first time give the business a presence on the West Coast. Simon Powell becomes Woodsford’s second Asian-based IAP member, in addition to John Beechey, reflecting the increasing importance of the region to Woodsford. Simon was previously at Latham & Watkins LLP, where he managed the Hong Kong office. “2018 was a year of explosive growth for Woodsford, we did more deals and committed more cash than ever before. These exciting developments in the US and Asia will enable us to continue on this incredible growth trajectory.” said Steven Friel, Woodsford’s CEO. Woodsford’s new Senior Investment Manager, Michael Kallus commented, “The west coast of the United States is a hotbed of commercial activity and entrepreneurial law firms but, to date, relatively under-served by litigation funders. My appointment signals Woodsford’s commitment to understanding and serving this critical market." Woodsford is currently recruiting for a number of other posts, including a Director of Business Development (London), Commercial Manager (London or Philadelphia) and Business Development Manager (Singapore). 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 ssavage@woodsfordlf.com UK +44 (0)20 7985 8410 For further information visit http://www.woodsfordlitigationfunding.com or follow on Twitter @WoodsfordLF.

IMF, Njord Law Firm and Quinn Emanuel propose shareholder action against Danske Bank over one of the world’s largest money-laundering scandals

(LONDON, UNITED KINGDOM 22 January 2019): IMF Litigation Funding Services Limited (IMF LFS), a wholly owned subsidiary of IMF Bentham Limited (ASX:IMF) (IMF), one of the world’s largest and most respected litigation funders, announced today a proposed shareholder action for shareholders of Danske Bank A/S (CPSE:DANSKE) (Danske Bank), to be led by specialist Danish law firm NJORD Law Firm and leading global litigation law firm Quinn Emanuel. The action will seek compensation for shareholders who lost millions of euros in value as a result of perceived errors and omissions committed by Danske Bank’s management and Danske Bank’s failure to disclose to the market the circumstances and magnitude of alleged unlawful activities within its Estonian branch. Background Danske Bank is the largest financial institution in Denmark and has a presence in sixteen countries. In 2007 Danske Bank acquired an Estonian branch as part of its acquisition of Finnish-based Sampo Bank. The Estonian branch held a non-resident portfolio comprising customers from the Russian Federation and the larger Commonwealth of Independent States, including countries such as Azerbaijan and Ukraine. In 2007 Danske Bank’s management were advised by the Russian Central Bank, via the Danish Financial Supervisory Authority, of concerns regarding the non-resident customers of the Estonian branch, including possible tax and custom payments evasion and criminal activity including money laundering. Despite many warnings, including a report from a whistle-blower employed in the Estonian branch in early 2014, and audit letters from Group Internal Audit, Danske Bank’s anti-money laundering procedures at the Estonian branch failed to respond and were manifestly inadequate. It was not until 19 September 2018 that Danske Bank provided sufficient information to inform the market of the true scale of the problems within Danske Bank. Over the course of 2018, Danske Bank’s shareholders experienced a substantial fall in their share value, Shares trading on 2 January 2018 at the equivalent of €25.62 fell to the equivalent of €18.70, following the disclosure on 19 September 2018, (a fall of €6.92 or 27%). IMF LFS’ Investment Manager Alistair Croft said: “EU Justice Commissioner Vera Jourova has referred to the money laundering uncovered within the Bank as ‘the biggest scandal we have now in Europe.’ The failure to disclose approximately €200bn of suspicious money flowing through its Estonia branch has caused serious harm to Danske’s financial position and its reputation. Reports make clear that Danske Bank continued to downplay the problems publicly and gave the impression they were largely historical matters that were substantially resolved. Although Danske Bank engaged in dialogue over many years with regulators in Estonia and Denmark, management disclosed no inkling of any serious issues to their shareholders.” Christian Benedictsen-Nislev, lead partner at NJORD Law Firm, stated: “In our assessment, Danske Bank failed to provide adequate and timely information to the market of the nature and extent of the problems in the Bank, resulting in inflated share prices. NJORD Law Firm is committed to assist shareholders in seeking compensation for losses suffered as a result hereof." What should Danske Bank shareholders do? The shareholder action is open to investors who suffered loss after acquiring shares in Danske Bank between 29 April 2014 and 19 September 2018 (inclusive). NJORD Law Firm, Quinn Emanuel and IMF encourage all shareholders who acquired shares in Danske Bank during this period to register their interest as soon as possible via IMF’s confidential, dedicated website page (https://www.imf.com.au/danske) or by contacting IMF LFS in London or the lawyers directly. IMF LFS, together with both law firms, will host a group telephone conference call on 31 January 2019 to explain to shareholders how the claim will be run. To register for this call, please email danske@imf.com.au and access details will be posted on IMF’s webpage (https://www.imf.com.au/danske) nearer the time. ABOUT IMF IMF is one of the leading global litigation funders, headquartered in Australia and with offices in the US, Canada, Singapore, 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 funding assets. IMF has a highly experienced litigation funding team overseeing its investments. We have a 90% success rate over 179 completed investments and have recovered over AU$1.4 billion for clients since 2001. As at 30 September 2018, there are 74 live investments with an aggregate estimated portfolio for all investments globally of approximately AU$5.8 billion. IMF LFS is a wholly owned subsidiary of IMF and provides dispute finance, investment capital and strategic services for disputes in the EMEA region, which includes the UK, mainland Europe, Middle East and Africa. For further information regarding IMF and its activities, please visit www.imf.com.au ABOUT NJORD LAW NJORD Law Firm is a full-service law firm serving local and international clients through the firm’s offices across the Nordic countries, including Denmark and Estonia. NJORD Law Firm’s litigation department is one of the largest and most experienced among the Top 10 Danish law firms. The firm’s many expert litigators include lawyers specializing in capital markets and securities litigation, and the litigation department has substantial experience with complex, multi-party litigation. For further information about NJORD Law Firm, please visit www.njordlaw.com ABOUT QUINN EMANUEL One of Quinn Emanuel’s largest practice areas is securities litigation. For decades, the firm has represented both plaintiffs and defendants in many of the highest-profile securities cases in the United States. More recently, their global presence has allowed them to advise and represent clients in a broad range of complex securities disputes in major financial markets overseas, including Australia, the U.K., Europe, and Asia. Many of their representations have involved dozens of related shareholder-derivative and class action claims. Over the past eight years, they have achieved verdicts and settlements totalling over $47 billion for their clients in the wave of litigation that arose in the aftermath of the U.S. financial crisis. For further information about Quinn Emanuel, please visit www.quinnemanuel.com

Class Action Funding in the EU

The explosive growth of litigation funding has led to a boom in the class action market. Recently, a panel of experts gathered to discuss class action funding in the EU, including how we got to where we are today and where we might be headed in the near future. As reported in CDR, David Greene, a senior partner at UK law firm Edwin Coe, noted that he has been working in the class action space since the 1980s, and that the sector was more of a 'cottage industry' until the global financial crisis. After that event, the amount and sizes of claims grew exponentially, which in turn led to the growth of class actions worldwide. Litigation funding has played no small part in accelerating that growth. Tim Mayer of Therium Capital Management explained that class actions in involve many passive claimants with a bundled claim that is extremely large. That affords funders the opportunity to get creative with their financing schemes, such as offering funding terms that are inclusive of ATE insurance. However, there is a lot of diligence on these types of cases. Often, law firms will approach funders with a claim that is only half-baked, and it can be up to the funder to decipher if there is actually a robust class with a viable claim. Adverse costs are another issue to consider, when it comes to EU and UK group actions. Of course, the number one priority for funders is the budget. Class actions can drag on for extremely long periods, and given how time-sensitive funders are, they have to be extra careful when writing extremely large checks. Class action jurisprudence is also somewhat underdeveloped in the UK, given how nascent the industry is there. Courts are expecting claimants to 'come with their house fully in order,' which implies extra due diligence and prep work when it comes to bringing a successful class action claim. Lucy Pert, formerly of Harbour Litigation Funding, and now with law firm Hausfeld, encourages broader support for a more robust collective redress framework. Currently, the European Commission is considering whether to allow EU member states to develop their own collective redress initiatives. Pert applauds the UK for trying to reform some of those measures, and hopes other nations will soon follow suit.

Hedge Funds Showing Increased Interest in Litigation Claims

It's no secret that over the last several years, Wall Street has been pouring money into the litigation space - whether indirectly by capitalizing litigation funders, or directly via their own investments into the space. However the recent revelation of Baupost Group's $1 billion purchase of legal claims against utility company PG&E illustrates both the scope and scale of the hedge fund world's interest in the legal sector. As reported in Yahoo News, billionaire Seth Karman's Baupost Group has long been one of the titans of the hedge fund world. Now Baupost is spreading its wings, having purchased $1 billion of legal claims against utility giant PG&E. Interestingly, Baupost appears to have purchased the claims as a hedge on its investment in PG&E stock. Klarman's fund invested in PG&E, which subsequently plummeted over 80% after the California wildfires left the utility company $30 billion in debt and facing imminent bankruptcy. However, in a process known as subrogation, Baupost also purchased legal claims against PG&E, held by the utility company's insurer. The hedge fund reportedly paid 35 cents on the dollar for those claims, and now maintains the right to sue PG&E, the very same company it invested in. Insurance claims are repayable in a bankruptcy proceeding, however Baupost may be in for a bumpy ride to recoupment, given their status as a general unsecured creditor. That classification essentially places them last in line. This is not the first subrogation claim Baupost has pursued, and it is currently engaged with another similar claim. Sometimes the hedge fund purchases a partial subrogation, and partners with an insurer in the litigation of an entity. All of this shows how far Wall Street is willing to go when it comes to capitalizing legal claims.