Dan is a founder of the business, but began his career at one of the UK’s largest FX brokerages. He has since built a robust network of partnerships with financial advisors and lawyers, focusing on high-net-worth clients and professionals in sports.

Dan also specialises in supporting trusts and wealth structures with cross-border payments and management of their assets, addressing challenges typically faced with by traditional banks. 

Recognising the demand from clients for interest solutions to complement the multicurrency offering, Dan also focuses on identifying new growth and investment opportunities to enhance the current portfolio and meet clients’ needs. 

Company Name and Description: Fibre Group

Based in the United Kingdom, Fibre focus on cross-border payments, cross-border wealth and alternative investment strategies. 

The payments slide of the businesses ensures clients have access to highly competitive exchange rates through multicurrency banking solutions, and guidance to manage foreign exchange risk, which is often a significant consideration for international property transactions and cross-border wealth matters. 

Fibre Capital focuses on international wealth management and alternative investment, by providing tailored strategies that are customised to individual goals and risk preferences.

Acknowledging the limitations of conventional banking, Fibre look beyond public markets and traditional investments to identify solutions that diversity, balance and enhance clients’ portfolios. 

Within the litigation funding ecosystem, Fibre’s role is to introduce their active and growing client base of investors, to investment opportunities in the litigation funding space, via loan note, corporate bond, or direct investment.

Company Website: www.fibrepayments.com — https://fibre.capital

Year Founded:  2021

Headquarters:  London

Area of Focus:  Cross-border payments, interest solutions and alternative investment strategies. 

Member Quote: “We are dedicated to delivering the highest service standards by integrating cutting-edge payment technology with innovative interest and investment strategies to achieve the best outcomes for our clients.”

The following article was contributed by Mats Geijer, Counsel Scandinavia of Deminor.

In the complex world of securities trading, disputes and violations can arise, leading to legal actions that seek to hold wrongdoers accountable and provide recourse for affected parties.

In recent years we have seen an increase in actions from investors towards listed companies, shareholders vs the so-called issuers in the region. Notable cases are OW Bunker, Danske bank in Denmark and more recently Ericsson in Sweden.

Securities litigation serves several important purposes in the financial ecosystem, namely:

1. Protecting Investors: Securities litigation helps investors in their fiduciary responsibility to seek financial compensation for losses resulting from securities fraud or misconduct. By holding wrongdoers accountable, it deters fraudulent activities and promotes market integrity. 
2. Enforcing Compliance: Securities litigation enforces compliance with securities laws and regulations, ensuring that companies and individuals adhere to disclosure requirements and ethical standards in their financial dealings.
3. Promoting Transparency: Securities litigation can uncover hidden risks, misrepresentations, or conflicts of interest that may impact investors’ decisions. This transparency is essential for maintaining trust in the financial markets.
4. Enhancing Corporate Governance: Securities litigation can target corporate governance failures, such as breaches of fiduciary duty or conflicts of interest among corporate insiders. Holding company officers and directors accountable can lead to improved governance practices.

Securities litigation in Sweden can be done in various ways, through class/group actions, derivative actions, or regulatory enforcement actions (by authorities). Case law in the sphere of private enforcement is historically scarce but will now hopefully start to emerge. A historic reason is probably that Sweden as a civil law country lacks statutory rules regulating civil liability in relation to improper securities activities.

In the Ericsson case, 37 institutions are claiming roughly $200 million from the issuer in the district court of Solna, Sweden. The claimants state they have suffered investment losses since Ericsson withheld information about potential bribes paid to the terrorist organisation ISIS in Iraq, that caused the share price to fall. The claimants are all large (non-Swedish) institutional investors, and the case is funded by a third-party funder (not Deminor). The case will be tried in the first instance court in 2025.

The legal community expects to see an increase in litigation related to securities in the coming years, to paint a picture in 2021 there where was one (1) initial public offering every second day (157 in total). In 2022-23 there were only a handful of initial public offerings each year. Sweden has a disproportionate number of listed companies compared to other EU countries and it is considered a national sport to invest in the stock market. A majority of listed shares are held by local and foreign sovereign wealth funds, they seldom engage in litigation locally but often participate in international cases in the US and elsewhere. The economy is currently in a recession which has historically always led to an increase in the number of disputes.

Deminor is the only international funder with a local presence that focuses on securities litigation. On paper there are plenty of opportunities in Scandinavia, but in practical terms cases are often too “small” meaning the quantum of the potential loss the investor has suffered is not sufficient to initiate the litigation. Or which is more often the situation, the investors that do hold a significant part of the shares (the loss) are not willing to engage in litigation for various reasons. The claimants that are willing to lead the way in terms of creating the much-needed case law is the types we see in the Ericsson case, foreign institutional investors.

We could summarize the situation with a phrase coined by the advertising industry for when there was a minute of silence before the next add was supposed to run – watch this space!

The Nakiki SE announces that it has signed a Letter of Intent to acquire a portfolio of so-called casino and sports betting lawsuits with a disputed value of approximately EUR 6.3 million (plus interest of at least EUR 800,000, as well as additional costs). Nakiki SE or one of its subsidiaries intends to take over an existing portfolio of lawsuits instead of pursuing individual lawsuits as announced in the ad hoc announcement of April 17, 2024. The individual lawsuits mentioned in the ad hoc announcement of April 17, 2024, will not be financed for the time being.

According to German case law from various legally binding decisions, players have a claim for reimbursement of gambling losses, as online casinos largely operated illegally until 2021. The lawsuits to be financed by Nakiki or Legal Finance are based on this legal perspective. A ruling from the German Federal Court of Justice (BGH) and the European Court of Justice (ECJ) is still pending.

In the event of the acquisition of the portfolio and a successful outcome of the litigation, Nakiki or a financing subsidiary is entitled to up to 25% of the litigation success.

With a background in Physics, Engineering and Software, Julian Coleman has 30+ years’ experience at the COO level conceiving new products and leading the project management, system design, engineering, software development, manufacturing, compliance and delivery teams.

Company Name and Description: 10^th Mind is an e-discovery company that has been created with a major focus on innovation, not only for general e-discovery activities but in particular to assist litigation funds to overcome their specific challenges and threats  –  a special approach demanding a change of mindset.

Our name reflects our focus on innovation and is derived from the intelligence community – the Tenth Man principle. It requires that, where a group of ten analysts is working on the same data and nine of the group reach the same conclusion, it is the duty of the 10^th person, the 10^th Mind, to examine the issue on the premise that the other nine are wrong.

The ‘group think’ consensus may be right most of the time, or even mostly right all of the time, but tends to favour business as usual. The 10^th Mind is there to challenge the consensus view and proffer different solutions.

10^th Mind has defined (and addressed) four key areas:

• Costs – there is in our view an increasing understanding that costs must be reduced
• Process management and recording – not only does a very efficient process drive costs down, but it can (and must) include extensive record keeping of the entire process in order to support effective litigation
• Technology will play an ever increasing role
• Litigation Funds – a rapidly expanding market both in terms of finance available and in market sectors, funds are naturally focused on profit, a critical part of their business being case selection – and costs are a major factor here too. Funds have their own challenges, but also are having a significant impact on the wider litigation landscape.

Addressing these issues has been very interesting. As a seasoned C level executive it has been interesting to analyse and then dispense with so much convention. A business structured around what is today rather than yesterday can look very different and cost far less whilst being intrinsically more responsive and adaptable. In terms of what we can do, having no legacy structures to worry about has major benefits which transfer to the client:

• Costs are reduced.  Many expensive overheads can be dispensed with.
• We have developed our own project management and recording systems; based on PRINCE2 and facilitated by our unique software, integrated with selected new commercial products, management processes are vastly improved. Full traceable record keeping and transparency are built in and automated, essentially at zero cost.
• …and finally but crucially, 10^th Mind will work with funds on special terms:
  • if the fund is prepared to take on a case we will work on a CFA basis
  • we will also work with the fund on a CFA basis to undertake early stage investigations, in our view crucial to improving the evidence on which to base case selection and ultimately, therefore, profitability.

At 10^th Mind we are convinced that not only is such an approach necessary now, but there will be ever-present forces driving the need for continued evolution:

Costs are becoming a major issue.  Significant concern has emerged in the English litigation funding community over last year’s Paccar judgement. Omni Bridgeway’s Co-chief Information Officer, Matt Harrison, has said that some litigation funders may not survive the economic instability as “they don’t have the money available to them to invest in cases and in law firms.”  Bloomberg Law also recently noted that some litigation funds are currently facing financial difficulty.

Burford, one of the biggest litigation funds in the world and which describes itself as “the institutional quality finance firm focused on law“, undertook surveys from which they report:

“[Over half of respondents to its poll] (52%) say drastic steps are needed to better manage legal costs, such as moving away from the billable hour, limiting outside firms and more innovation from outside counsel.“

and

“Finance and legal professionals agree: the legal department’s top priority for the next 15 years is to minimize legal costs. But they are also unified in prioritizing that the legal department simultaneously find new ways to recover value.“

It is clear there is a consensus that costs, specifically cost reduction, must be considered, and in our view, litigation funds will be a driving force.

Litigation funds have a very different focus from law firms, crucially they exist to make profits and that means winning cases, which in turn places a focus on the initial assessment stage.  And, as previously observed, the sector is expanding both in terms of available funds and in scope, driving change and posing challenges for dispute litigation as a whole. 

Logically as funding takes over a larger percentage of dispute litigation, the greater the overall impact this will have on costs. Arguably as saturation approaches, such pressures can only increase.

Process management and recording is in our view now essential, not merely tracking the ingestion and processing of data from collection to court, but the recording of all the management processes which defined the data management: who did what, when and why, recorded in forensic detail. This not only, if done well, improves business processes but it evidences them should legal challenges arise. Hence this data must be ‘forensics ready’.

Technology can and will help. But it must be the right technology which assists the first two objectives, ie improving practises whilst reducing costs. Having found critical gaps in commercial offerings, we have worked on our own solution.

Website: www.10thMind.com

Founded: 2023

Headquarters: UK (London)

Member Quote: We feel it crucial that providers must always question the legacy thinking and structures that entrench lack of efficiency, accuracy, and high costs.  By applying the 10^th Mind principle, we are providing services in a new way: shared risk, formal (and unique) project management and software, along with specialised services specifically to assist funds combine to make us, to our knowledge, unique in the e-discovery sector.

If you would like to find out more as to how we can assist you and your clients, we would be delighted to meet you. Please contact us through our website (www.10thmind.com) or email our COO directly at julian.coleman@10thmind.com.

Darrow, the leading legal intelligence platform, today announced the launch of Darrow’s PlaintiffLink platform for mass arbitration.  With tens of thousands of plaintiffs already uniquely vetted on PlaintiffLink, the platform offers unparalleled quality of service for law firms in the pursuit of justice. 

PlaintiffLink is a revolutionary plaintiff-connecting tool for law firms, now built to support the complexity of mass arbitration cases. PlaintiffLink enables attorneys to plan, review, and approve potential clients through a centralized portal. It allows attorneys to connect with the large volumes of clients needed for mass arbitration. Using the platform, attorneys can gain data driven insights that power effective filing strategies and streamlined case management, backed by Darrow’s top-tier legal consultancy. 

“PlaintiffLink provides a cutting-edge solution to the risks and costs associated with mass arbitrations, and makes it easier for attorneys to promptly connect with the tens of thousands of clients needed for these types of cases,” said Evyatar Ben Artzi, Co-Founder and Chief Executive Officer of Darrow. “We’re committed to delivering technology that helps victims connect with the best law firms to ensure justice is served, even in the most complex matters that require expert attention.”

PlaintiffLink addresses the biggest barrier for attorneys considering mass arbitration cases: connecting with a large volume of qualified plaintiffs and managing them seamlessly. Through a centralized portal, attorneys can now leverage PlaintiffLink to connect with tens of thousands of thoroughly vetted, qualified plaintiffs needed for arbitrations. The service operates on a unique contingency model, shifting financial risk away from attorneys.

“We’ve built a dedicated solution to enable visibility into client cohorts in a single matter  so that attorneys can effectively file and manage cases,” said Gila Hayat, Co-Founder and Chief Technology Officer of Darrow.

PlaintiffLink enables lawyers to swiftly review through thousands of individual clients. Users can drill down into specific claim cohorts, download raw CSV data files containing all details about each claim, and review insight reports to get a more visual and statistical analysis of the case. PlaintiffLink also employs a comprehensive review process, with two tiers of expert vetting, to streamline client acquisition and reduce invalid claims. 

Darrow is committed to delivering products that drive firm growth and profits per partner, and it is planning additional releases throughout 2024 to support its users.

For more information, visit: https://darrow.ai 

About Darrow

Founded in 2020, Darrow is a legal tech company on a mission to fuel law firm growth and deliver justice for victims. Darrow’s AI-powered justice intelligence platform leverages generative AI and world-class legal experts and technologists to uncover egregious violations across legal domains spanning privacy and data breach, consumer protection, securities and financial fraud, environment, and employment. Darrow is based out of New York City and Tel Aviv.

Michael Klaschka is a Managing Principal and head of the Financial Institutions team based in EPIC’s Jersey City office.  He has over 32 years of industry experience and is a highly respected and skilled negotiator in the professional liability marketplace. 

Mike has extensive experience working with financial institution, investment management, litigation finance, real estate, venture capital, private equity and complex risks with strong technical knowledge of D&O, E&O, Cyber, Fidelity, Fiduciary, Media and Employment Practices Liability. 

Mike joined EPIC in August 2016.  Prior to joining EPIC, Mike was the national leader of Integro’s Management Risk Practice where he spent 11 years.  Prior to Integro, Mike spent 10 years at Marsh & McLennan where he held various positions including head of their E&O Center of Excellence Group based in NY as well as the west coast FINPRO placement leader for their financial institution, technology and commercial accounts group based in San Francisco.  Mike earned a Bachelor of Arts Degree from Drew University in 1991, and majored in Economics with a minor in Political Science.

Company Name and Description:  EPIC Insurance Brokers & Consultants

We are a unique and innovative retail risk management and employee benefits insurance brokerage and consulting firm, founded in San Francisco, California in 2007 with offices and leadership across the country.

EPIC Insurance Brokers & Consultants has a depth of industry expertise across key lines of insurance, including risk management, property and casualty, employee benefits, unique specialty program insurance and private client services.

Company Website: https://www.epicbrokers.com/

Year Founded: 2007

Headquarters: San Francisco, CA

Area of Focus: Property & Casualty Insurance with expertise in Directors’ & Officers’, Errors & Omissions, Employment Practices, Fund, and Cyber Liability.

Member Quote: Procuring insurance for litigation finance companies can be a challenge as many insurers view the industry as driving up their costs.  Several even prohibited their underwriters from offering terms.  In addition, litigation finance companies have unique exposures that are not addressed in “off the shelf” products offered by insurers.  At EPIC, we have the knowledge and experience as well as the relationships with key insurers that gives us the ability to negotiate and place coverage tailored to each client.