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Announcements Commercial

Vannin Capital Expands in Sydney With New Managing Director

Vannin Capital, the global expert in legal finance, has today announced the appointment of Steven Taylor as a Managing Director in its Sydney office.

Steven joins Vannin from one of the pioneer companies of the global litigation funding industry, where he worked as a Litigation Manager responsible for managing funded claims to a resolution – work which entailed reviewing funding applications and negotiating funding agreements.

In addition to his expertise in legal finance, Steven holds extensive knowledge of the Australian corporate and commercial litigation landscape from his time spent as an Associate at Piper Alderman and Senior Associate at Squire Patton Boggs, where he was involved in several high-profile insolvency and class action cases, including claims against Lehman Brothers Australia Limited, on behalf of noteholders of the Octaviar Group and acting for applicants and group members in City of Swan & Ors v McGraw Hill Companies Inc in respect of alleged misrepresentations made by ratings agency, Standard & Poor’s.

Steven’s appointment marks the fifth senior addition to Vannin’s Australian team since its establishment in 2015. He joins a strong team of legal finance experts, including Regional Managing Director Patrick Coope – a former insolvency litigator who had established Australia’s first professional litigation funder in 1998 – as well as Tom McDonald, Pip Murphy and Adam Silverman who all joined as Managing Directors.

Commenting on the announcement, Vannin Capital CEO Richard Hextall said: “Steven’s appointment marks yet another step forward for Vannin’s growth in the Australian market. His impressive range of experience in litigation and legal finance means that he is ideally suited to playing an important role in helping to further develop our already first-class offering. We look forward to welcoming him to the team.”

Steven Taylor said: “The growth of the Australian litigation finance market in recent years has been remarkable, and Vannin’s impressive portfolio underscore its ambitions for growth in the region. I am excited to be joining a world-class team and to help the business continue on an upward trajectory.”

About Vannin Capital

Established in 2010, Vannin Capital is a global expert in the provision of funding to support individuals, corporate clients and law firms in the successful resolution of high-value litigation and arbitration claims.

From single case funding to portfolio finance, we offer creative capital solutions that are tailored to our clients’ needs. Our global team of legal and financial experts cover the key commercial litigation and arbitration centres from our offices in London, Jersey, Paris, Bonn, New York, Washington, Sydney and Melbourne.

More than just capital, we combine global experience with local knowledge to deliver a high standard of service and expertise to our clients around the world. A major player in the legal finance market, we are a member of the Association of Litigation Funders of England and Wales (ALF), conducting our business to a high standard in line with its code of conduct.

Vannin Capital Holdings Limited Registered in Jersey No. 121561

Registered Office Address:

13-14 Esplanade, St Helier Jersey, JE1 1BD

vannin.com

Commercial

Global International Arbitration Centers Discuss Growth of Third Party Funding

Third party funding is now a global phenomenon, due mainly to its usage in international arbitration matters. But what exactly do the international arbitration institutions think of this rapidly-evolving Legal Services instrument? Read on to find out... As reported in Vannin Capital's latest Funding in Focus series, global arbitral institutions are continuing to recognize the lightning-fast growth of the industry. International arbitration centers from Spain to Brazil to Sweden to Colombia have all acknowledged growth in both the number of third party-funded cases being filed, as well as the enhanced awareness amongst counsel of the industry and its evolution. Two interesting drivers of this growth: an uptick in third party funding in investor-state disputes over the last five years, as well as the emergence of defense-side funding. Those two can even overlap, as was the case in Philip Morris v. Uruguay. The Hong Kong International Arbitration Centre predicts that defendants will continue to leverage third party funding in increasing numbers. Some institutions - like the London Court of International Arbitration - have adopted a 'wait and see' approach to third party funding, by choosing not to provide any comprehensive viewpoint on the practice. Other arbitration centers, however, including those in Paris and Dubai, have elected to take a proactive stance on the matter. The ICC France even went so far as to issue a best practice guide for industry adoption. It's worth noting that on the topic of disclosure, general consensus seems to be that a funder's identity should be disclosed in order to avoid any potential conflicts of interest, yet the funding agreement need not be disclosed. Of course, specific rules for each jurisdiction will vary. As pertains to another key issue of note - security for costs - no major arbitral institution has yet declared that the existence of a third party funder is grounds for an automatic security for costs application. Hong Kong has stated that courts 'may' take the existence of third party funding into consideration, but are under no obligation to issue a security for costs order. In sum, there seems to be a split amongst institutions on how best to handle the costs issue, with some openly declaring that third party funding should not automatically translate into a costs order, and others preferring a more hands-off approach, leaving it to the courts' discretion. As third party funding continues to evolve globally, arbitral institutions will evolve in tandem, given that the practice is so embedded in international arbitration, especially investor-state disputes. It will be interesting to see how each individual arbitral center responds to the most pressing issues relating to the rise of third party funding. At this point at least, there seems to be broad acceptance, general agreement on best practices, along with some differentiation on how proactive to be when issuing rules or guidelines.
Commercial

Russian Businessman Ordered to Put Up £1.5MM in Security for Costs to Protect Identity of Litigation Funder

Russian businessman Alexander Tugushev is suing the billionaire owner of Russia's largest fishing company, Norebo, claiming he should be granted 1/3 ownership of the estimated $1.5B company. Tugushev has been ordered by a London High Court to put up £1.5MM in security for costs to avoid disclosing the identity of his litigation funder. As reported in Undercurrent News, Tugushev is suing Vitaly Orlov, Owner and CEO of Norebo. For his part, Orlov has been claiming that Tugushev has ties to criminal organizations, including the leader of a Chechen organized crime gang. In October, 2018, Orlov issued a disclosure notice to the court seeking to ascertain exactly who is paying Tugushev's legal bills. Orlov's argument was that he wished to make a security for costs issuance directly against the funder. After a pair of hearings in December, Tugushev was ordered to put up £1.5MM - roughly half of what Orlov had been seeking - as security for costs. If Tugushev meets the deadline imposed by the court, he'll be able to keep the identity of his funder a secret. If Tugushev fails to put the £1.5MM up in time, his funder's name and address must be disclosed. Orlov maintains that Tugushev is trying to appropriate a portion of a successful business that he does not own - which many well-connected Russian oligarchs have been known to do in the past. The Russian offices of Norebo have been raided by police several times, and Orlov claims that he has faced a slew of death threats and harassment.  
Commercial

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
Announcements Commercial

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

CHICAGO, Feb. 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"]
Announcements Commercial

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.
Announcements Commercial

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

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Announcements Commercial

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.