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Commercial People Moves

AALF Welcomes HKA Global and Vie Legal Insurance as Associate Members

By Harry Moran and 4 others |

In a series of posts on LinkedIn, The Association of Litigation Funders of Australia (AALF) announced that it has welcomed HKA Global and Vie as its newest Associate Members. With the addition of these two new members, AALF now boasts a total of 20 Associate Members in addition to its eight Funder Members.

On March 5, AALF welcomed HKA Global as an Associate Member. The global consultancy works across risk mitigation, commercial dispute resolution, expert witness and litigation support services. HKA's multi-disciplinary practice provides services including expert, claims, and advisory services for the capital projects and infrastructure sector, as well as forensic accounting and commercial damages services. With a worldwide presence spanning five continents, HKA’s Australia operations include offices in Brisbane, Melbourne, Perth and Sydney. More information about HKA Global can be found on its website.  

On March 6, AALF then welcomed Vie Legal Insurance as an Associate Member. As a specialist legal insurance broker, Vie Legal provides tailored solutions to a range of clients include funders, law firms, insolvency practitioners, and inhouse counsel. Clients include Holmann Webb Lawyers, Phi Finney McDonald, Litigation Lending and Therium. Based out of Sydney, Vie Legal works across the legal insurance markets in both Australia and New Zealand. More information about Vie Legal can be found on its website. 

A full list of AALF’s funder members and associate members can be found here.

Commercial Fundraising

Pretium Raises $500 Million for its Inaugural Legal Opportunities Fund

By Harry Moran and 4 others |

Pretium, a specialized investment firm with more than $57 billion in assets under management, has closed its inaugural Legal Opportunities Fund, securing approximately $500 million in equity capital commitments from a group of new and existing investors.

The Fund will provide liquidity to plaintiffs, entitlement holders and law firms pursuing a broad range of corporate claims, including patent infringement, anti-trust, and general commercial and contract litigation. For investors, the Fund offers the potential for attractive risk-adjusted returns that are minimally correlated to traditional markets.

"The demand for this Fund underscores not only the evergreen opportunities in legal finance, but the strength of Pretium's investment approach," said Don Mullen, Founder and CEO of Pretium. "We are specialists in unlocking value in complex investments with high barriers to entry. Having developed that expertise through our work in residential real estate, we are applying it to legal opportunities, which we believe will create significant benefits for our investors."

Matthew Cantor, Senior Managing Director leading Pretium's Legal Opportunities strategy, added, "Intellectual property is the capital driving the growth of the digital economy and the development of legal finance. By providing bespoke capital solutions to fund the monetization of legal entitlements, we're supporting law firms, corporations, and other sophisticated parties to help more efficiently and effectively manage their legal risks."

Paul, Weiss, Rifkind, Wharton & Garrison LLP served as legal counsel to the Pretium Legal Opportunities Fund.

About PretiumPretium is a specialized investment firm focused on U.S. residential real estate, residential credit, and corporate credit. Pretium was founded in 2012 to capitalize on investment and lending opportunities arising as a result of structural changes, disruptions, and inefficiencies within the economy. Pretium has built an integrated analytical and operational ecosystem within the U.S. housing, residential credit, and corporate credit markets, and believes that its insight and experience within these markets create a strategic advantage over other investment managers. Pretium's platform has more than $57 billion of assets, comprising real estate investments across nearly 90 markets in the U.S., and employs approximately 7,000 people across 50 offices, including its New York headquarters, Miami, London, Seoul, and Sydney. Please visit www.pretium.com for additional information.

Commercial Regulatory Issues

ACL and CILEX Voice Support for Increased Regulation of Litigation Funding

By Harry Moran and 4 others |

Following the closure of the deadline for the consultation period in the Civil Justice Council’s (CJC) review of litigation funding, we are beginning to gain a clearer picture of where different parts of the country’s legal industry stand on the issue of regulation.

Two articles from Solicitors Journal provide insight into the positions of leading UK legal industry bodies in response to the CJC review, as the ACL (Association of Cost Lawyers) and CILEX (Chartered Institute of Legal Executives) expressed their support for increased regulation governing litigation funding.

The ACL voiced its overall positive view of the funding of meritorious claims, describing it as a “net positive” for the legal system and rejecting the idea that third-party funding increases litigation costs, but equally noted its concern that “the significant volume of funding coming into the market could have a negative impact”. In terms of the extent of independent regulation the ACL would like to see, proposed measures include a cap on funder’s fees, protections from excessive funder control of litigation, and increased transparency around the sources of outside funding.

However, the ACL also recognised legitimate concerns about some of these measures, noting that a funder’s return should reflect the significant risk being taken. If a suitable framework for a cap cannot be found, the ACL suggested that court of approval of funding agreements could provide an acceptable safeguard for clients. Jack Ridgway, chair of the ACL, emphasised that “Even opponents of third-party funding have to agree that it has increased access to justice and that ultimately is the litmus test.”

CILEX put forward its support for an improved regulatory framework for litigation funding, but suggested that the best approach may be through an expansion and improvement of the Association of Litigation Funders’ existing code of conduct. Like the ACL, CILEX advocated for greater transparency around litigation funding, and even went a step further, arguing for the mandatory disclosure of funding agreements. 

Simon Garrod, Director of Policy & Public Affairs at CILEX, acknowledged that litigation funding aims to “improve access to justice and it has achieved that in many cases”, but its impact on the legal system is significant enough to warrant “a more robust regulatory regime” to protect clients. 

The full article detailing the ACL’s position can be read here, and the article on CILEX’s view can be read here.

Case Developments Commercial

Henderson & Jones Awarded £2.15m for Assigned Breach of Confidence Claim

By Harry Moran and 4 others |

A decision handed down in the High Court earlier this week has demonstrated the potential value for funders in securing the assignment of a claim, providing the funder with more control over the litigation, and when a claim is successful, a direct return on investment through any eventual damages.

An article in Legal Futures covers the ruling from the High Court, where litigation funder Henderson & Jones has been awarded £2.15 million in damages in the case of Henderson & Jones Ltd v Salica Investments Ltd & Ors. Henderson & Jones took assignment of a claim by Tony Gifford in December 2021, a software inventor who had accused his early-stage investors of misusing confidential information shared in private meetings to develop their own software application. 

As a result of this breach of confidence, Mr Gifford claimed that he had been unable to secure funding from other investors, as Salica Investments and Dominic Perks had created competition through their own business. Mr Justice Calver’s ruling found in favour of Gifford’s claim, stating that it was “clear that Mr Perks stood to benefit personally financially from the misuse of the confidential information.”  Notably, the size of the eventual £2.15m award was made by the judge without any input from expert witnesses for the defendants, as they had failed to deliver expert reports prior to the deadline. 

Henderson & Jones’ managing director, Piers Elliott, provided the following comment on the judgment: “We’re very happy with the outcome and are delighted to have been able to assist Mr Gifford, who has been fighting for justice for many years.”

Hugh Sims KC and Jay Jagasia from Guildhall Chambers represented Henderson & Jones, instructed by Cardium Law Limited.

The full ruling from Mr Justice Calver can be read here.

Commercial

Westfleet Advisors Release Best Practices in Litigation Finance Guide

By Harry Moran and 4 others |

General awareness and understanding of litigation funding has been on the rise in recent years, however, the prospect of approaching and utilising these services can be a daunting task for those law firms who have never before worked with a third-party funder.

Today, Westfleet Advisors has released the latest edition of their publication, Best Practices in Litigation Finance: Law Firm Guide to Client-Directed Funding. The 27-page whitepaper provides a holistic overview of all aspects of legal funding for law firms, taking the reader from a basic outline of litigation funding all the way through to the important factors that need to be considered when securing a funding arrangement.

Whilst each section of the guide offers specific advice on the different aspects of funding, Westfleet Advisors also offers key takeaways for law firms to be aware of.  One of the most noteworthy is the possibility of conflicts of interest arising when litigation counsel is involved in securing funding for clients, suggesting that independent expert advisors should be brought into the dealmaking process. Of similar importance, the guide emphasizes the value in law firms understanding the individual funders in the market and building relationships within this space, to ensure that they can direct their clients to the most suitable funding partner for any given case.

To download the full whitepaper, visit Westfleet Advisors’ website.

Commercial Legal Innovation

Rightscorp Announces Strategic Expansion, Legal Momentum, and Introduction of Rightscan: An AI-Powered Copyright Data Aggregation Platform

By Harry Moran and 4 others |

Rightscorp, Inc., a leader in digital copyright enforcement and data intelligence, is pleased to provide a comprehensive corporate update following its successful shareholder meeting. This update outlines the company's ongoing legal achievements, strategic growth initiatives, and the preview of its transformative Rightscan Data Aggregator platform.

Commitment to Shareholders

Rightscorp extends its sincere appreciation to all shareholders who participated in the recent shareholder meeting and exercised their voting rights on proxy materials. We are pleased to announce that all resolutions were approved, demonstrating strong investor confidence in the company's strategic direction. This support underscores a shared commitment to expanding Rightscorp's technological and legal capabilities to maximize long-term valuation.

Establishing Legal Precedent: Rightscorp's Pivotal Role in Copyright Enforcement

Rightscorp has consistently played a defining role in shaping legal precedent in copyright enforcement, delivering tangible results for rights holders. Over the years, the company has been instrumental in major litigation efforts that have established significant legal standards in the fight against digital piracy. Key legal milestones include:

  • BMG Rights Management v. Cox Communications (2015) - A landmark case reaffirming ISPs' obligations under the Digital Millennium Copyright Act (DMCA) resulted in a $25 million jury award and $8.3 million in attorney's fees for copyright holders, ultimately settling for an undisclosed amount. This set a pivotal precedent regarding the responsibilities of ISPs in mitigating piracy on their networks.
  • UMG Recordings, Inc. et al. v. Grande Communications Networks, LLC (2022) - A federal jury found Grande Communications liable for willful contributory copyright infringement, initially awarding $46.7 million in damages. The ruling reaffirmed that ISPs cannot claim safe harbor protection while failing to address widespread copyright violations on their networks.
  • BMG Rights Management v. Altice USA, Inc. (2022-2024) - A rapid and decisive legal action against Altice USA, one of the largest ISPs in the U.S. The case, built on overwhelming evidence provided by Rightscorp, resulted in a confidential settlement in record time, reinforcing the company's effectiveness in securing enforcement outcomes.

These cases underscore Rightscorp's ability to leverage sophisticated copyright data intelligence to support rights holders in enforcing their intellectual property rights through decisive legal action.

Legal Victory in American Films v. Rightscorp, Inc.

Rightscorp is pleased to report a significant legal victory in the case of American Films, LLC v. Rightscorp, Inc. The case, which stemmed from meritless claims against Rightscorp, was ultimately dismissed with prejudice, affirming the company's legal standing. Furthermore, the court ruled in favor of Rightscorp's entitlement to recover attorneys' fees and litigation costs. This outcome reflects the company's steadfast commitment to defending itself against unfounded legal challenges and reinforces the legitimacy of its operations.

Expanding Legal Initiatives Through Strategic Litigation Partnerships

To further strengthen its enforcement capabilities, Rightscorp is actively engaging with industry-leading litigation funders to scale its legal initiatives. These strategic partnerships will enable the company to pursue larger and more impactful copyright enforcement actions with increased efficiency. Additionally, Rightscorp's long-standing legal counsel-instrumental in previous landmark copyright litigation-remains actively involved and highly optimistic about the evolving legal landscape. With expanded funding and legal expertise, Rightscorp is positioned to drive enforcement actions on a scale never seen before, benefiting copyright owners across the industry.

Rightscan Data Aggregator: A Paradigm Shift in Copyright Intelligence (Coming Q2-Q3 2025)

Rightscorp is proud to introduce Rightscan, a cutting-edge AI-powered platform designed to transform the landscape of copyright enforcement and data monetization. Unlike conventional enforcement tools that rely on self-reported infringement data, Rightscan autonomously aggregates and analyzes vast datasets, offering unparalleled insight into copyright compliance, piracy trends, and enforcement opportunities.

To learn more about Rightscan and its capabilities, visit www.rightscan.co

Key Capabilities of Rightscan:

  • DMCA Compliance Monitoring - AI-driven tracking of ISP compliance, ensuring persistent enforcement regardless of corporate restructuring or name changes.
  • Comprehensive Copyright Registration Intelligence - Analyzes official copyright filings to identify works and highlight acquisition opportunities for investors.
  • Piracy Leakage Analysis - Provides API-driven insights to royalty collection firms and content owners, quantifying lost revenue linked to digital piracy.
  • Advanced Data Monetization - Leverages proprietary data analytics to provide actionable intelligence for private equity firms, digital rights managers, and ad-tech platforms.
  • IP-Based Audience Insights - Uses torrent-related data to offer alternative audience targeting solutions, bridging the gap between piracy monitoring and digital marketing optimization.

Continued Market Demand for Rightscorp's Legal Copyright Enforcement Platform

While Rightscan marks a significant leap in copyright intelligence, Rightscorp's legal enforcement platform remains integral to the company's core operations. The demand for traditional copyright enforcement remains strong among major record labels, private equity firms, and other entities that own extensive copyright portfolios.

The growing availability of litigation funding, combined with renewed interest from existing and prospective clients, is driving expansion discussions. The company is actively working with litigation funders, legal experts, and copyright owners to scale enforcement initiatives faster and more effectively than ever before.

Looking Forward: A Future Defined by Innovation and Enforcement

As Rightscorp continues to lead in copyright enforcement and data intelligence, our focus remains on technological advancement, strategic industry partnerships, and further legal precedents. By harnessing AI-driven copyright analytics, securing litigation funding, and reinforcing its market leadership, Rightscorp is setting the stage for sustained growth and enhanced value for its shareholders.

About

Rightscorp (OTC PINK:RIHT) monetizes copyrighted Intellectual Property (IP). The Company's patent pending digital loss prevention technology focuses on the infringement of digital content such as music, movies, software, and games and ensures that owners and creators are rightfully paid for their IP. Rightscorp implements existing laws to solve copyright infringements by collecting payments from illegal file sharing activities via notifications sent through Internet Service Providers (ISPs). The Company's technology identifies copyright infringers, who are offered a reasonable settlement option when compared to the legal liability defined in the Digital Millennium Copyrights Act (DMCA). Based on the fact that 24% of all internet traffic is used to distribute copyrighted content without permission, Rightscorp is pursuing an estimated $2.3 billion opportunity and has monetized major media titles through relationships with industry leaders.

Safe Harbor Statement

This shareholder update contains information that constitutes forward-looking statements made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Any such forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from any future results described within the forward-looking statements. Risk factors that could contribute to such differences include those matters more fully disclosed in the Company's reports filed with the Securities and Exchange Commission. The forward-looking information provided herein represents the Company's estimates as of the date of the shareholder update, and subsequent events and developments may cause the Company's estimates to change. The Company specifically disclaims any obligation to update the forward-looking information in the future. Therefore, this forward-looking information should not be relied upon as representing the Company's estimates of its future financial performance as of any date subsequent to the date of this shareholder update.

CONTACT:

Markus Rainak
855-520-7448
Support@rightscorp.com

Community Spotlights

Community Spotlight: Kishore Jaichandani, Founder and Managing Director, CAVEAT CAPITAL

By John Freund and 4 others |

Kishore Jaichandani is a founder and Managing Director of CAVEAT CAPITAL and an
expert in litigation funding and related advisory services globally. He has a unique
combination of financial and, legal acumen with having Bachelor of Law., Company
Secretary, MBA (Finance) and CIMA qualifications and have rich professional experience
working on these areas for more than 25 years.

He assists law firms, corporates, and individuals globally in obtaining non-recourse
financing for commercial litigation and arbitration cases. He is committed to creating value
for lawyers and, their clients to have access to the information and expertise they need
to negotiate fair funding agreements in the event of litigation in the competitive legal
market. His expertise includes developing financial solutions to help law firms and big
corporations to mitigate risk, and achieve their growth strategies, including using litigation
portfolios as collateral for off-balance sheet working capital, and monetizing litigation and
judgments.

Company Name and Description: CAVEAT CAPITAL arranges to provide litigation finance solutions
that address clients’ unique challenges. We manage entire litigation funding process, utilize our capital
sources and negotiate with various stakeholders for our clients. We arrange to meet
clients’ litigation costs to provide a better solution for P&L, working capital support, and
budgets to optimize recovery efforts to transform the legal cost from cost center to value
generator.

CAVEAT CAPITAL assesses the feasibility and options for obtaining legal finance /
litigation or arbitration funding. We are highly skilled and experienced in providing clients
with honest and reliable assessments of the funding opportunities of each case.

Company Website: www.caveat-capital.com

Year Founded:  2022

Headquarters:  Dubai, UAE

Area of Focus: Litigation Funding / Legal Finance / Third Party Funding 

Member Quote: “Transform your legal costs into Value Generation”

Commercial Regulatory Issues

Georgia Senate Unanimously Approves Governor’s Litigation Funding Bill

By Harry Moran and 4 others |

As LFJ reported last week, momentum continues to build behind state-level legislative proposals that seek to impose new rules governing the use of third-party litigation funding in the U.S. 

Reporting by the AP covers a new development in the Georgia state legislature, where the Senate has unanimously passed the second part of Gov. Brian Kemp’s legislative package aimed at tort reform and third-party litigation funding. Senate Bill 69, which passed the Senate last Thursday with 52 Yea votes, amends state law to include new provisions governing the involvement of litigation funders.

SB 69 requires third-party funders register with Georgia’s Department of Banking and Finance, as well as prohibiting any foreign individuals or organisation from funding litigation in the state. The bill also sets out disclosure requirements for cases where a litigation funding agreement is present and puts in place restrictions on a funder’s ability to control the litigation process.

Senate President Pro Tem John Kennedy, a sponsor of the bill, said that SB 69  “combats the growing foreign influence” in Georgia lawsuits, and argued that the new rules contained within the bill act as a “consumer protection measure”. The Georgia Trial Lawyers Association, which opposes these attempts at reform, stated that there is “still work to be done to ensure SB 69 fairly addresses its intended purpose”. 

SB 69 will now join SB 68, the part of Gov. Kemp’s package that primarily deals with tort reform, to be debated in the House and scrutinised by a bi-partisan subcommittee convened by House Rules Committee Chairman Butch Parrish. 

The full text and status of Senate Bill 69 can be accessed on the Georgia General Assembly website.

Case Developments Commercial

LCM Announces Filing of Appeal in Australian Energy Class Action

By Harry Moran and 4 others |

As LFJ reported in December 2024, an Australian class action funded by Litigation Capital Management (LCM) had received an unfavourable ruling in the Federal Court of Australia, with the judge ruling against the claim brought over claims that two government-owned entities engaged in market manipulation to create an artificially scarce supply and raise prices.

An announcement from LCM revealed that an appeal has been filed in the class action brought on behalf of Queensland consumers against the Stanwell Corporation LTD and CS Energy LTD. The funder’s brief announcement suggested that further details around the appeal would be released in due course, stating: “We look forward to engaging further with investors after our interim results have been published on 18 March 2025.“

In LCM’s release following the December ruling, CEO Patrick Moloney had said that their “expectation has always been that an appeal in this case was likely, regardless of the initial outcome” and that they “remain confident in the strength of the underlying claim.” The previous announcement also included a top-line overview of LCM’s involvement in the case, disclosing that the funder had provided A$25m in funding from its own balance sheet capital to support the class action.

The first instance judgment from Justice Dennington in the case of Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd can be read here.