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NorthWall Sees €210m Profit Following Grammercy Investment in Pogust Goodhead

Beyond the traditional funding of individual cases, one of the biggest growth areas for litigation finance continues to be direct financing of law firms. Following on from this weekend’s announcement of a huge investment partnership for a UK law firm, we are seeing the benefits for funders who engage in the practice of lending to law firms. Reporting from Bloomberg reveals that NorthWall Capital has achieved significant returns on its investment in Pogust Goodhead, after the latter received a landmark $552.5 million secured loan from Grammercy Funds Management. According to the investor letter seen by Bloomberg, NorthWall Capital garnered a €210 million profit as a result of Grammercy’s loan, which refinanced the €178 million that NorthWall had previously provided to the law firm.  The final total profit from NorthWall’s investment into Pogust Goodhead may still increase, depending on the outcome of ongoing claims led by the law firm. The article also explained that the €210 million profit has bolstered a number of NorthWall’s funds, including the GCF II legal assets fund, which has now achieved a 100% net internal rate of return. Bloomberg’s reporting on the investor letter highlights a comment from Fabian Chrobog, Founder and Chief Investment Officer of NorthWall, who stated that the company was “incredibly pleased to generate outsized returns for our investors from a project set to deliver justice to millions of individuals affected by environmental disasters.”  NorthWall’s capital growth does not appear to be slowing down, as it is in the middle of raising funds for another European Opportunities Fund, with €300 million in committed capital to date. Bloomberg also highlighted that the investor letter revealed NorthWall’s plans to announce a third legal assets fund in the near future.

Analyzing the Impact of the PACCAR Ruling on Insolvency Practitioners

As the industry continues to monitor the fallout from the Supreme Court’s ruling on the classification of litigation funding agreements (LFAs) as damages-based agreements (DBAs), it is important to note that the effects will not be felt equally across all areas of legal funding. One sub-sector that may have a unique path forward is insolvency litigation, where the differing arrangements between funders and insolvency practitioners could minimize the impact of the PACCAR decision. In a recent post on Lexology’s Dispute Resolution Law Blog, Marieta van Straaten and Chantelle Tang, from Kingsley Napley, explore the potential impact of the Supreme Court’s judgement on insolvency practitioners.  One of the key points highlighted is that it is quite commonplace to see these practitioners assign or sell their legal claims to third-party funders, rather than engage in more traditional funding agreements to support them as they pursue a claim. As a result of this trend, van Straaten and Tang suggest that many insolvency practitioners will not see significant effects from the PACCAR ruling, as these agreements “are constructed differently to LFAs and are believed to fall outside the definition of ‘claims management services’.”  However, they also highlight that there are many situations where an insolvency practitioner will seek funding rather than assignment for a claim, including those situations where the practitioner is “appointed as a trustee in bankruptcy office holder claims”. In this example, under the rules of Section 246ZD of the Insolvency Act 1986, the insolvency practitioner is not permitted to assign claims and therefore may seek outside funding to support the legal action. In these situations, as with all other parties involved in LFAs, insolvency practitioners will need to work with funders to ensure that any new or ongoing LFAs are compliant with the DBA regulations.

Malaysian Government Minister Calls for Review of Arbitrators and Litigation Funders

The dispute between the Malaysian government and the Sulu heirs has been one of the most high profile international arbitration cases in recent times, raising issues around state sovereignty and the role of third-party funders in international arbitration. At a recent industry gathering, one of Malaysia’s top government ministers spoke about the country’s ongoing efforts to have the multi-billion dollar award annulled, as well as the need for reform of the international arbitration system. Reporting by The Edge Malaysia provides an overview of recent comments made by Datuk Seri Azalina Othman Said, the minister for Law and Institutional Reform in the Prime Minister’s Department, at the London International Arbitration Colloquium 2023. In her keynote address at last week’s event, Azalina called for “a review of the conduct of arbitrators and for oversight of third-party litigation funders, including exploring transparency and disclosure obligations by the relevant parties.” The minister’s comments come at the same time as Malaysia continues to seek the annulment of the $14.9 billion award, which was issued to the Sulu heir claimants by a Spanish arbitrator. These efforts follow Malaysia's successes in securing favourable rulings from both the Paris Court of Appeal and from The Hague Court of Appeal in June of this year, which respectively upheld Malaysia’s challenge to the award and refused the Sulu heirs’ attempt to have the award enforced. During the speech, Azalina also highlighted that the Kuala Lumpur-based Asian International Arbitration Centre (AIAC) had entered into a memorandum of understanding with the Arbitration and Dispute Resolution Centre at SOAS, “to foster teaching and research activities related to alternative dispute resolution in alignment with international best practices.” Citing the Malaysian government’s experience in the Sulu case, she emphasized that “the sanctity of the arbitration process must always be upheld” from abuses such as forum shopping or frivolous claims.

Finitive Selects DealBridge.ai to Power its Litigation Finance Marketplace

DealBridge.ai, the inventor of the modern Deal Relationship Management (DRM) platform, is delighted to announce its strategic partnership with Finitive. Finitive, a leading marketplace that excels in facilitating deal-making within the private credit space, has selected DealBridge.ai's cutting-edge technology to help power its litigation finance business. DealBridge.ai's DRM solution revolutionizes the way you handle origination, due diligence, and distribution of private assets. With its user-friendly interface, you can effortlessly set up your own customized instance and unlock the future of seamless deal management. Say goodbye to the cumbersome barriers of traditional, labor-intensive processes. DealBridge.ai enables sellers and buyers of alternative products to effortlessly connect at the deal level, eliminating unnecessary hurdles. This streamlined approach enhances the overall human experience, allowing you to focus on building and nurturing valuable relationships. Finitive's founder & CEO, Jon Barlow, shared their perspective on this exciting partnership, stating, "Our decision to select DealBridge.ai as the technology partner in the litigation finance sector was driven by a shared commitment to innovation and efficiency. This collaboration will empower us to provide borrowers and institutional investors with a faster, more seamless transaction experience." Joshua Masia/Jon Burlinson, Co-founders & CEOs of DealBridge.ai, expressed their excitement about the partnership, saying, "We are thrilled to collaborate with Finitive on this ground breaking project. Our technology will enable Finitive to streamline operations, reduce time-to-market, and offer a world-class platform to institutional investors interested in litigation finance. Together, we aim to redefine the industry." Maximize your revenue potential by automating the tedious tasks involved in deal-making with the industry's first DRM. With DealBridge.ai, you can free up your time and resources, enabling you to focus on what truly matters – growing your relationships and boosting your bottomline. Experience the power of automation and elevate your deal-making capabilities with DealBridge.ai, the ultimate DRM solution for private markets. ABOUT DEALBRIDGE.AI DealBridge.ai is a cutting-edge SaaS Deal Relationship Management (DRM) platform that revolutionizes the way private assets are originated, due diligenced, and distributed. With a user-friendly interface and powerful automation capabilities, DealBridge.ai  empowers market participants to streamline deal management processes and unlock new revenue potential. By removing traditional barriers and focusing on building valuable relationships, DealBridge.ai transforms the private markets industry. For additional information, please visit DealBridge.ai's website at https://dealbridge.ai. ABOUT FINITIVE Finitive is the leading data-driven private credit marketplace. Through its tech-enabled platform, institutional investors access a multi-trillion-dollar market of private credit opportunities across multiple asset classes and structures, including specialty finance, online lending, marketplace lending, and private credit funds. Borrowers gain efficient access to capital via a global network of investors who are actively allocating to private credit. All regulated activities are conducted through Private Brokers LLC, a registered broker-dealer and member FINRA/SIPC. For additional information, please visit Finitive's website at https://finitive.com.

Fox Steps Up Efforts to Identify Role of Outside Investors in Smartmatic Lawsuit

Critics of the litigation finance industry often point to the lack of transparency around funders’ involvement in litigation as a key issue. However, this contention can also lead to defendants claiming that outside funders must be involved in their case even when there is seemingly no evidence to support the allegation. An example of this comes from one of the most contentious and high-profile pieces of ongoing litigation: Smartmatic USA Corp. Vs. Fox Corporation.  An article from Reuters provides an update on efforts by Fox Corp to identify and expose the identities of alleged investors in the lawsuit being brought against the media company by Smartmatic. Despite Fox successfully persuading Judge David B. Cohen to compel Smartmatic to identify any litigation funding arrangements related to the lawsuit, no evidence has been uncovered that proves funding has been received from outside investors with malicious intent towards Fox. In its latest move, Fox is asking for further documents and testimony from Smartmatic’s advisers in the UK, to support Fox’s allegations that Smartmatic’s lawsuit was brought with the intention of garnering new investment to increase the valuation of the company. As part of these allegations, Fox asserts that Portman Global Partners, a UK investment firm, has been seeking “investors in Smartmatic based on Smartmatic’s litigation against Fox.” In a move that aligns with Fox’s repeated claims about the involvement of left-wing ‘activist investors’, the company is also seeking information around any communication between Smartmatic and Mark Malloch-Brown, former chair of Smartmatic’s parent company and the president of George Soros' Open Society Foundations. In a statement to Reuters responding to Fox’s latest allegations, Erik Connolly, partner at Benesch Friedlander Coplan & Aronoff LLP, denied that his client’s lawsuit was motivated by a desire to seek outside investment. Connolly ridiculed the idea and asserted that “Fox’s suggestion that Smartmatic has used Portman to entice investors based on the value of the litigation is as factually inaccurate as its claim that Smartmatic rigged the 2020 election.”

Pogust Goodhead and Gramercy Funds Management LLC Announce $552.5 Million Investment Partnership

Pogust Goodhead, a global law firm, and Gramercy Funds Management LLC (“Gramercy”), today announced that they have entered into a $552.5 million investment partnership in the form of a secured loan by Gramercy to Pogust Goodhead. This loan is the largest of its kind in a U.K. based law firm. The loan transaction strengthens the firm’s financial power, ensuring Pogust Goodhead has ample funds to continue its litigation across the world and on behalf of environmental victims of corporate giants such as: BHP Group (BHP.AX), BMW (BMWG.DE), Fiat Chrysler (STLAM.MI), Ford (F), Honda (7267.T), Hyundai (005380.KS), Jaguar/Land Rover (JLR), Mazda (7261.T), Mercedes-Benz (MBGn.DE), Peugeot/Citroen (PEUG.PA), Renault Nissan (RENA.PA), Toyota (7203.T), Vauxhall (STLAM.MI), Volkswagen AG (VOWG.DE), and Volvo AB (VOLVb.ST). The loan proceeds will fund the largest action of its kind against two of the biggest mining companies in the world – BHP Group (BHP.AX) and Vale (VALE3.SA) – for their part in the Mariana dam disaster in Brazil. Pogust Goodhead is representing over 720,000 victims of Brazil’s worst ever environmental disaster, with a trial date set for October 2024 in London. The loan proceeds will also support Pogust Goodhead’s litigation against 14 major automobile manufacturers over the Dieselgate scandal, on behalf of approximately one million U.K. consumers. Tom Goodhead, Global Managing Partner and CEO of Pogust Goodhead, said: “We are delighted to secure this major investment that will transform our business and give us the financial power to take on some of the largest companies in the world on behalf of millions of people. This landmark deal shows that global investors have good faith in the outcome of our cases. This investment will not only ensure that we bring our existing cases home, but we are putting global corporate giants on notice that we have the financial muscle to take them on for their wrongdoing. We are taking on some of the largest companies in the world. These companies have access to infinite resources to litigate against these cases. This deal levels the playing field and gives us the ability to go toe-to-toe with them. We are not trying to destroy these companies. We are taking them on for corporate misconduct, anti-competitive behaviour, corporate harm and misuse of the environment. The cases we are taking will set the bar for how serious we are, as a global society, about ensuring that big business is held accountable and upholds its obligations and responsibilities to the communities in which it operates.” Harris Pogust, Chairman of Pogust Goodhead, said: “Our mission is to defend the rights of those who have been wronged by some of the world’s largest multinational companies. In just the past two years we have secured historic settlements against British Airways and Volkswagen. We currently represent over one million individuals regarding the Dieselgate scandal. Additionally, we are handling the largest mass action in English history against the world’s two biggest mining companies. We are just beginning the journey to bring justice to those who most deserve it no matter where they reside and regardless of the size and perceived power of the corporate wrongdoer. This transaction with Gramercy, a firm with deep expertise in litigation finance and patient capital, gives us the ability to bring the fight to any wrongdoer. They are now on notice that it is in their financial interests and those of their shareholders to settle or face a firm with both the financial resources and litigation skills to obtain the justice our clients rightly deserve. We are extremely excited to have Gramercy as an investor and as a partner as we seek global justice for the millions of clients we currently represent and the millions yet to come.” Robert Koenigsberger, Managing Partner and CIO of Gramercy Funds Management, said: “We are pleased to be partnering with Pogust Goodhead. The firm has an exceptional track record and we have been impressed by the team and their approach to complex litigation. Allocating to this transaction is clearly consistent with Gramercy’s mission to positively impact the well-being of our clients, portfolio companies, and their communities. The investment materially aligns with our ESG and impact investing objectives. We are proud to play a part in helping Pogust Goodhead seek justice for some of the worst environmental actions over the past few decades.”

Five Augusta Ventures’ Employees Set to Depart for Omni Bridgeway

It is a common refrain that the litigation finance industry has never been in a better situation, with investors seeing it as a valuable alternative asset class and funders experiencing increasing demand for their services around the world. However, a booming market leads to fierce competition between funders, with employees more frequently seeing opportunities at rival firms that are pulling ahead of their competitors. An article by Bloomberg Law, which LFJ has independently verified, reveals that five members of the Augusta Ventures team are leaving the funder to move to Omni Bridgeway. LFJ has separately confirmed that one of Augusta’s senior executives is among those employees departing to the rival funder, with the moves expected to be announced in the coming days. Bloomberg’s reporting also suggests that this latest exodus of Augusta employees follows some internal turbulence at the funder, with former employees confirming that the company laid several staff off earlier this year. The departure of these staff has significantly reduced the number of employees at the funder, with Bloomberg noting that the company's website now lists 15 employees, compared to the 38 team members present in December 2022. Commenting on the instability present in the funding industry, Marc Carmel, co-head of litigation finance at McDonald Hopkins, explained that “the market for really good cases is certainly finite.” Carmel highlighted that the last six months have seen unusually high levels of personnel movement between funders, reflecting the increasing levels of competition between companies seeking to stay at the front of the pack.

LFJ Dealmakers Panel: Opportunities at the Intersection of Funding, Mass Torts & ABS

The panel discussion consisted of Jacob Malherbe, CEO of X Social Media, Sara Papantonio, Partner at Levin Papantonio Rafferty, and Ryan Stephen, Managing Partner of Pine Valley Capital Partners. The panel was moderated by Steve Nober, CEO of Consumer Attorney Marketing Group (CAMG), The discussion spanned the following topics:
  • Who’s doing what in mass torts? How about funding?
  • How funders are evaluating and working with firms
  • Examples of the ABS framework in action & challenges
  • Pre- and post-settlement funding and time to disbursement
The conversation began around the integration of litigation funders into the mass torts sector. There are a lot of variables to consider around mass torts which typically don’t exist in other case types. These include marketing ethics, use of proceeds, claimant access and relationship building, where the call center is located, firm operations at an administrative level, etc. These are all aspects of a law firm that litigation funders need to understand if they are going to partner with a mass torts law firm. The degree of diligence is vast, and will require a years-long commitment. What’s more, there is now a focus on unethical marketing practices, with Congress taking a look at the tactics being used. The question for funders is, how can you protect yourself from unethical marketing efforts (funders might be named in a suit against the law firm). Funders need to mitigate these risks by asking more questions at the outset: What kind of advertising is being used, where are the clients coming from, how do I know that the clients are real (ad tracking)? Too many funders are pouring money into this lucrative space, and run the risk of encountering scammers who set up a business looking to raise money for a mass torts claim, when they have no ability to secure claimants or conduct the proper marketing outreach. What this comes down to at its core is relationships—understanding and knowing who you’re working with. Funders need to feel that the law firm they partner with us trustworthy, but of course should still conduct their own diligence to verify that all activities are on the up and up. On this last point, the panel recommends creating more nuanced tracking—not just ‘cost per case.’ Track advertising costs, medical records, other marketing materials. Really understand how money is moving at a granular level. The discussion then pivoted over to the Camp Lejeune case. Sara Papantonio feels that there will be one more opportunity to make a push for cases when payouts start happening. The question is, will there be enough time to advertise and file a claim before the statute of limitations runs out? Papantonio also noted that many clients won’t qualify for the elective option, and those that do probably won’t take it because of how undervalued it is. So likely, we will see more cases move into litigation. Values are starting to be presented for Tier 1 and Tier 2 injuries, which will help push this into litigation as well. She believes around May of 2024 will be an opportunity to advertise, but the statute of limitations runs out in August. Papantonio explained that Tier 1 injuries are far less risk for funders and litigators. Tier 2s and Tier 3s will have to move through a process, and some won’t be approved, so there is more risk there. Papantonio also believes the fees will be capped at 20-25%, which was the DOJs recommendation. So funders and law firms should plan for that. One final point Papantonio made, was that these mega mass torts are sucking up all the oxygen in the space, but there are plenty of smaller torts that are very meritorious and present opportunities for funders and law firms. The panel concurred, given that $1 billion has spent on Camp Lejeune already, so any new entrants into that claim are coming in late stage. Panelists Ryan Stephen and Jacob Malherbe added that torts such as Tylenol, Roundup part two, paraquat, PFAS claim (which the panel believes might become the biggest case ever), anti-terrorism cases, and others. Malherbe even recommended ‘The Devil We Know,’ a documentary on Netflix about the PFAS claim—so anyone interested can follow up with some binge watching!

Palisade Insurance Partners Expands Senior Leadership Team

Palisade Insurance Partners, LLC (“Palisade” or the “Company”), a specialty managing general underwriter (“MGU”), today announced the appointments of two seasoned industry executives across its business geography. Scott Stevenson has joined Palisade Insurance Partners LLC in New York as Head of US Risk, from Aon Special Opportunities Group where he served as Senior Vice President. Mark de la Haye has joined Palisade Risk Solutions Ltd in London as Head of UK and Europe Risk, from Augusta Ventures Limited, where he served as Head of Resolutions. Headquartered in New York, Palisade specializes in underwriting insurance for litigation and other contingent legal risks, and transaction insurance. John McNally, President and Head of Underwriting at Palisade, said, “We are pleased to welcome Scott and Mark, two highly regarded professionals with extensive experience within the legal, litigation finance and insurance industries. For the last three years, Scott has been a leading underwriter of contingent legal risks in the insurance market, after practicing at a premier US law firm. Mark has considerable experience managing litigation investment portfolios, including a focus on insurance requirements. Scott and Mark will broaden and strengthen Palisade’s capabilities to provide comprehensive risk transfer solutions and detailed litigation underwriting for our clients and partners.” Mr. Stevenson commented, “Palisade has an impressive capability to solve complex insurance issues. I look forward to combining my litigation and insurance underwriting experience to strengthen Palisade’s unique platform and pursue creative solutions for specialized insurance matters across the legal spectrum.” Mr. de la Haye added, “Palisade has created a strong platform to deliver innovative litigation and transactional insurance solutions for a wide variety of clients. I am excited to apply my legal background together with my litigation finance experience to further develop Palisade’s offering and strategic direction during this exciting period of growth.” Mr. McNally concluded, “Palisade is ideally positioned to serve the fast-growing demand for contingent legal risk insurance, including from corporate clients, law firms, asset management funds, and specialty finance vehicles. The addition of these executives will greatly enhance operations as we continue scaling Palisade’s growing network of insurance partners.” Scott Stevenson Biography Mr. Stevenson brings more than twelve years of experience from all sides of the legal industry. Before joining Palisade, he was Senior Vice President at Aon’s Special Opportunities Group, where he led a team specializing in underwriting contingent legal and related risks. Previously, Mr. Stevenson worked at Wachtell, Lipton, Rosen & Katz, where he handled complex transactions, and advised on strategic investments and corporate governance matters. Mr. Stevenson began his career as a Law Clerk, first at The United States District Court for the Middle District of Florida and then at The United States Court of Appeals for the Eleventh Circuit. Mr. Stevenson gained a B.A. from University of Pennsylvania, a B.S. at The Wharton School of Business, and a J.D. from Stetson University College of Law. Mark de la Haye Biography Mr. de la Haye boasts almost two decades of experience of dispute resolution and litigation fund and investment management. While at Augusta Ventures Limited, he helped oversee both underwriting and insurance requirements for a range of investments, and strategically collaborated with lawyers and clients to manage legal disputes. He was a permanent member of Augusta’s New Business Committee and its Investment Committee. Previously, Mr. de la Haye served in private practice, most recently as a Solicitor at Clyde & Co. During his time in private practice, Mr. de la Haye represented clients around the world in high value, complex and often multi-jurisdictional litigation and arbitration. Mr. de la Haye received an LLB from the University of Exeter and an LPC from The University of Law. About Palisade Insurance Partners Palisade Insurance Partners (“Palisade”) is an MGU that specializes in underwriting litigation-related insurance, transaction liability products, and contingent legal risk solutions. Palisade is dedicated to providing clients with access to specialty insurance while applying the highest standards of underwriting and upholding its core values of integrity and independence. To learn more, please visit https://palisadeinsurance.com/.