In the most significant demonstration of concern for secretive third-party litigation funding (TPLF) to date, 124 companies, including industry leaders in healthcare, technology, financial services, insurance, energy, transportation, automotive and other sectors today sent a letter to the Advisory Committee on Civil Rules urging creation of a new rule that would require a uniform process for the disclosure of TPLF in federal cases nationwide. The Advisory Committee on Civil Rules will meet on October 10 and plans to discuss whether to move ahead with the development of a new rule addressing TPLF.

The letter, organized by Lawyers for Civil Justice (LCJ), comes at a time when TPLF has grown into a 15 billion dollar industry and invests funding in an increasing number of cases which, in turn, has triggered a growing number of requests from litigants asking courts to order the disclosure of funding agreements in their cases. The letter contends that courts are responding to these requests with a “variety of approaches and inconsistent practices [that] is creating a fragmented and incoherent procedural landscape in the federal courts.” It states that a rule is “particularly needed to supersede the misplaced reliance on ex parte conversations; ex parte communications are strongly disfavored by the Code of Conduct for U.S. Judges because they are both ineffective in educating courts and highly unfair to the parties who are excluded.”

Reflecting the growing concern with undisclosed TPLF and its impact on the justice system, LCJ and the Institute for Legal Reform (ILR) submitted a separate detailed comment letter to the Advisory Committee that also advocates for a “simple and predictable rule for TPLF disclosure.”

Alex Dahl, LCJ’s General Counsel said: “The Advisory Committee should propose a straightforward, uniform rule for TPLF disclosure. Absent such a rule, the continued uncertainty and court-endorsed secrecy of non-party funding will further unfairly skew federal civil litigation. The support from 124 companies reflects both the importance of a uniform disclosure rule and the urgent need for action.”

The corporate letter advances a number of additional reasons why TPLF disclosure is needed in federal courts:

Control: The letter argues that parties “cannot make informed decisions without knowing the stakeholders who control the litigation… and cannot understand the control features of a TPLF agreement without reading the agreement.” While many funding agreements state that the funder does not control the litigation strategy, companies are increasingly concerned that they use their growing financial leverage to exercise improper influence.

Procedural safeguards: The companies maintain that the safeguards embodied in the Federal Rules of Civil Procedure (FRCP) cannot work without disclosure of TPLF.  One example is that courts and parties today are largely unaware of and unable to address conflicts between witnesses, the court, and parties on the one hand, and non-parties on the other, when these funding agreements and the financial interests behind them remain largely secret.

Appraisal of the case: Finally, the letter reasons that the FRCP already require the disclosure of corporate insurance policies which the Advisory Committee explained in 1970 “will enable counsel for both sides to make the same realistic appraisal of the case, so that settlement and litigation strategy are based on knowledge and not speculation.” The companies maintain that this very same logic should also require the disclosure of TPLF given its growing role and impact on federal civil litigation.

Besides the corporate letter and joint comment, LCJ is intensifying its efforts to rally companies and practitioners to Ask About TPLF in their cases, and to press for a uniform federal rule to require disclosure. LCJ will be launching a new Ask About TPLF website that will serve as a hub for its new campaign later this month.

On September 26th, LFJ hosted a virtual town hall titled "Spotlight on Insurance." The panel discussion featured David Kerstein (DK), Founder and Managing Director at Arcadia Finance, Michael Perich (MP), Director, Head of Litigation Insurance at Lockton Companies, Steve Jones (SJ), Managing Director, M&A, Litigation and Tax Practice at Gallagher, and Jeremy Marshall, Chief Investment Officer and Managing Director, Winward U.K. Limited. The panel was moderated by Jim Batson (JB), Chief Operating Officer at Westfleet Advisors.

Below are some key takeaways from the event:

JB: As Arcadia is a relatively new player in the litigation finance space, how has Arcadia incorporated insurance products into your underwriting and claims selection processes?

DK: As we were raising capital earlier this year, we explored using insurance to wrap a future portfolio, to potentially help drive fundraising and lower cost of capital. We weren't able to do that as a first-time manager, but it's something we'd like to explore in the future. We're currently exploring traditional insurance products like JPI, and wrapping portfolios that may be on the edge of our mandate, and wrapping them in insurance would help us get to 'yes.'

JB: So wrapping portfolios will help you look at some deals you might not otherwise consider?

DK: Exactly.

JB: Steve, can you give us an overview of the current Legal Insurance market? Especially focusing on recent developments in Capital Protection Insurance.

SJ: At the moment, I'm seeing a lot of innovation, so it seems like no two deals are the same, as there is a lot of creativity to get deals done. Very high submission rates, which probably suggests that knowledge of the products is increasing. And I see insurers and funders collaborating. It's very seldom we see funders approach portfolio deals without thinking of insurance, and capital protection insurance (CPI) is the most obvious example of that. The net result of all of that is increased choice for clients, which I think we can all agree is a good thing.

JB: Jeremy, how do you view the relationship between funders and insurers? Some have thought of insurers as competitors to litigation funders - an example is in the appeal context, where the client has the option of taking funding and de-risking immediately, or taking insurance and de-risking at conclusion of the matter. How do you see the relationship between insurers and funders evolving?

JM: I view it very much as a collaborative venture, for at least two specific reasons: One is the competition appeal tribunal (CAT) in the UK. You couldn't go into the CAT without the support of the insurers. And that morphs into the concept of co-funding, which is growing. And you wouldn't be able to do this without insurers, particularly when you've got a policy with an insurer and you're invited to participate with somebody else, it might be syndicated with more than one funder-- all the insurers are going to have positions in relation to that and you're not going to get it off the ground without the insurers involved. It really is a team effort, as cases have lots of ups and downs.

Without a good relationship with an insurer, you're not going to get off the ground. And particularly in a client-facing situation, you want insurers and funders to be speaking with the same voice, and often you'll see in points of tension where clients and law firms sometimes, will try to play the 'divide and rule game' with insurers and funders. And we need to speak with a unified voice if we can. And I think that will grow in time, where insurers will play a bigger role in both the front and back end of a transaction.

JB: Michael, from your perspective, what are you seeing as the most interesting trends in terms of the intersection of insurance and litigation funding?

MP: Litigation insurance has been in the transaction space for quite a long time. What we've been seeing lately is a substantial uptick in deal flow based on increased awareness and knowledge of the product base. Some of that deal flow are things that are not insurable (in the US market) - things like portfolios of personal injury or mass tort cases. Those won't be insurable in the US. But we're seeing more IP and antitrust cases, and more interest around building a sustainable market that involves portfolio risks and complex pieces of commercial litigation that helps make a more efficient transaction for everybody. And that's where all of the parties are getting more aligned. So over the past six months, we've been noticing a lot more collaboration and innovation lately, which is a good thing.

For the full panel discussion, please click here.

Burford Capital, the leading global finance and asset management firm focused on law, has grown significantly since its founding in 2009. As part of ongoing recognition of the growth in legal finance and Burford’s industry leadership as it celebrates its 15^th anniversary, it today shares data from its own performance and releases new research based on one-on-one phone interviews with senior lawyers at global law firms who have a front seat to growing awareness and use of legal finance by their clients and firms.

Christopher Bogart, CEO of Burford Capital, says: “Jon Molot and I started Burford 15 years ago because of economic inefficiencies we saw in the business of law. We’re delighted that our business has since grown from niche to mainstream and is now truly ‘corporate finance for law.’ From day one, our priority has been to listen to clients’ needs, and as a result, we have a suite of tools that provide liquidity, de-risk contingent matters and enable more strategic affirmative recoveries. Burford has earned a reputation as the go-to firm for legal finance, and we’re excited about the road ahead. We’ll keep our focus on clients, innovation and advancing the business of law.”

Data from Burford’s business confirms its performance as a legal finance industry leader:

• Exceptional growth in our business: Burford began in 2009 as a $130 million fund; today, Burford has a portfolio of more than $7 billion.

• Increased demand for what we do: In 2009, Burford committed $11 million to legal finance assets; in 2023, that number was $1.2 billion on a Group-wide basis.

• Growing relevance to sophisticated businesses, with innovation to address corporate balance sheet and P&L needs: More than half our business now comes from corporate clients. Many seek monetizations ― where Burford provides businesses immediate capital by advancing some of the expected entitlement of a pending claim, judgment or award ― and we have committed very substantial capital over the past five years to monetization deals from $10 million to $325 million.

• Development of human capital and proprietary data: In 2009, we had five employees; today, we have seven offices and more than 150 employees. In addition, Burford has built an industry-leading proprietary database of commercial dispute outcomes and tools that harness machine learning, data analytics and artificial intelligence to benefit our clients and our performance.

• NYSE-listed in 2020: We have been public since 2009 and have been listed on the New York Stock Exchange since 2020.

Similarly, research released today by Burford reveals that legal finance has exploded in visibility and value with lawyers. Key findings include:

• 82% of law firm lawyers surveyed claim to have used legal finance, a ninefold increase since Burford first asked law firm lawyers this question in 2012. Although confirmation bias may result in overstatement of actual use, even accounting for this, legal finance’s enormous increased stated use reflects its visibility and acceptance in the business of law.

• Lawyers are using legal finance in more sophisticated ways: Many law firm lawyers affirm that legal finance is now used to strategically manage risk rather than because clients lack funds. Law firm lawyers and their clients see legal finance as a strategic tool across commercial litigation and arbitration as well as more complex financial structures like portfolio financing and funded patent divestitures.

• An Am Law 50 law firm partner said: “For some of the bigger clients, you see more portfolio deals rather than single transactions. Not many companies start with a portfolio, but as they see success, both law firms and corporations are pursuing portfolio transactions.”

• Law firms are embracing legal finance to fuel growth, as more than eight in ten of those surveyed report a more positive perception of legal finance than 15 years ago.

• A Global 100 law firm partner said: “The client's mindset has completely changed, and they are now coming to their outside counsel and asking for litigation funding options. Offering the use of funding and using it is a validation of the merit of a claim and is a good pressure point.”

• Law firm lawyers confirm that corporate clients are increasingly using legal finance, as 82% of those surveyed said the use of legal finance by corporations has increased over this period.

• A litigation boutique partner said: “Litigation is a bottom-line cost. If corporations can spread that risk by sharing it with an outside capital provider, CFOs want to explore that option, especially because corporations hate litigation expenses. They are much more open to it if they can get some or all of it covered by legal finance.”

The research is based on one-on-one phone interviews conducted by Ari Kaplan Advisors with 44 senior lawyers from global law firms in August and September 2024. The participants included partners, department heads and practice group chairs. Of these respondents, 34% came from AmLaw 100 law firms and 30% from Global 100 law firms.

The International Legal Finance Association (ILFA), the only global association of commercial legal finance companies, today announced the addition of Paris-based legal finance provider IVO Capital Partners as its 25th member. 

“ILFA is pleased to welcome IVO Capital Partners to our growing membership ranks,” said Shannon Campagna, ILFA’s interim Executive Director. “IVO’s addition serves as the quarter century mark for ILFA’s global membership. The firm will play a crucial role in helping ILFA promote the highest standards of operation and service for the commercial legal finance sector around the world.” 

“We are thrilled that IVO’s team is joining ILFA’s diverse roster of commercial legal funders,” said Neil Purslow, ILFA Chairman and Co-Founder of Therium, an ILFA member. “The addition of yet another legal finance provider this year demonstrates the increasingly important role that ILFA plays as the global voice for the ever-expanding legal finance industry, particularly in Europe.” 

IVO Capital Partners is an independent asset management company specializing in corporate debt and has established itself as a leader in the European legal finance industry. The firm boasts over a decade of experience in litigation funding, investing over $166 million in 64 cases across a wide array of geographies and action types. IVO is currently deploying its third legal finance fund, IVO Legal Strategies Fund III SLP. 

“The key role being played by ILFA in working with members of the litigation funding industry, as well as all other professionals involved with this industry, has made this membership a requirement for us to be even more active in the evolution and growth of the industry,” said Paul de Servigny, the fund manager of IVO’s litigation finance activities. “With Europe as our main source of business, we are very happy to be able to contribute to growing ILFA’s reach and understanding of different jurisdictions and how litigation finance is viewed there.”

About the International Legal Finance Association 

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. 

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official.

About IVO Capital Partners 

IVO Capital Partners is an independent French asset management company with more than €1.5 billion in assets under management. Founded in 2012, it invests in listed and unlisted credit on emerging market corporate bonds and litigation finance. IVO Capital Partners' expertise allows its client-investors to access new investment universes with clarity and profitability and also to provide access to financing, on the one hand, to companies established in emerging countries and, on the other hand, to litigation so that they can lead to compensation. The company employs 14 nationalities and invests in more than 50 countries. IVO is among Europe’s leaders in the legal finance industry, with more than $166 million invested and more than 64 cases financed as of 2024. For over a decade, IVO’s expert investment team has ensured asymmetric returns for investors while promoting the rights of parties involved in meritorious litigation and class-action lawsuits. For more information, visit www.ivocapital.com

Bryant Park Capital (“BPC”) is pleased to report that High Rise Financial, LLC recently secured a $100 million senior secured credit facility with a group of syndicated bank lenders. High Rise Financial was founded by Mark Berookim and Michael Berookim in 2016 and is based in Los Angeles, California.

Bryant Park Capital served as the exclusive financial advisor to High Rise Financial in arranging this senior secured credit facility. Founded in 1991, BPC is an investment bank providing mergers and acquisitions, debt & equity, and corporate strategic advisory services to its clients in the middle market. For over 30 years, BPC has successfully guided middle-market firms through growth, expansion, and sales or acquisitions. Due to our client-driven approach, we have developed and maintain deep relationships with strategic and financial buyers, banks, private equity firms, hedge funds, and other institutional investors.

Michael Berookim, Managing Member of High Rise Financial, stated, “BPC’s combination of strong specialty finance expertise and industry relationships, along with their deep understanding of personal injury pre-settlement funding and medical factoring, has helped further accelerate our already exponential growth. They remain a valuable partner to us, and we are appreciative of their efforts to help us reach this $100 million milestone. They were a trusted advisor in the process from day one.”

About High Rise Financial

High Rise Financial is a leading nationwide litigation finance company in the personal injury industry. The company specializes in plaintiff pre-settlement funding, medical factoring and providing a network of medical providers that treat personal injury victims. High Rise Financial is a relationship-based company known for its ease of use and exceptional service to law firms, plaintiffs and medical providers. 

For more information about High Rise Financial, please visit www.highriselegalfunding.com.

About Bryant Park Capital

Bryant Park Capital is an investment bank providing M&A and corporate finance advisory services to emerging growth and middle-market public and private companies. BPC excels in providing M&A advisory and capital raising services for complex deal structures. BPC has raised various forms of credit and growth equity and assisted in mergers and acquisitions for its clients. The firm has completed approximately 30 engagements worth over $2 billion in transaction value within the legal funding industry. Overall, the team has completed more than 400 assignments representing an aggregate transaction value of over $30 billion. 

For more information about Bryant Park Capital, please visit www.bryantparkcapital.com.

Burford Capital, the leading global finance and asset management firm focused on law, is doubling down on its commitment to addressing the lack of diversity in the leadership of commercial litigation and arbitration. In announcing the third phase of its award-winning Equity Project, Burford is earmarking an additional $150 million to fund commercial matters with a female or racially diverse lawyer in a leadership role, bringing its cumulative funds earmarked for this initiative to more than $300 million.

• Given its leadership in funding global commercial litigation and arbitration, Burford has a front row seat to the continued lack of diverse lawyers in leadership roles and saw a need to address this gap.
• Burford first launched The Equity Project in 2018 with $50 million earmarked to financing cases led by female lawyers.
• In 2021, Burford launched phase two of The Equity Project, earmarking a further $100 million and extending the initiative to also finance racially diverse lawyers; further, it added a promise to contribute a share of proceeds from successfully resolved matters to organizations that promote diversity in the business of law.
• With cumulative Equity Project commitments of almost $170 million, Burford is launching phase three with an additional $150 million earmarked.
• As in phase two, if phase three Equity Project-funded matters resolve successfully and generate expected returns, Burford will contribute on its client's behalf a portion of its profits to organizations that promote lawyer development for female and racially diverse lawyers.

Aviva Will, President of Burford Capital, leads Burford's Equity Project initiative. 

Ms. Will states: "The Equity Project reflects Burford's values and our pragmatism—our belief not only that it is right to use our capital and our industry leadership to help close the diversity gap in the leadership of commercial disputes, but also that there is a tangible benefit to our clients and the business of law to doing so."

She continues: "The whole Burford team is proud of the impact we have made. Clients appreciate The Equity Project as a tool to promote leadership from diverse backgrounds, and we hear directly from those who've been funded that it makes a difference in their careers. From when I first started practicing law to today, the business of law has made progress, but the legal profession remains slow to adapt, and in providing economic levers for change, we are doing our part to expedite still more."

Equity Project Mission and Impact

The Equity Project enables female and racially diverse lawyers to compete for leadership roles in significant matters with attractive terms in place. It incentivizes firms to promote talent from diverse backgrounds and demonstrates innovation to clients. Businesses can use Equity Project capital to encourage the firms that represent them to appoint female and racially diverse lawyers on their matters, and as a reason to talk to their firms about diverse representation and origination credit.

Equity Project matters funded to date include contract disputes, antitrust, federal statutory, IP/patent and treaty and commercial arbitration matters, with female and racially diverse litigators in leadership roles (first or second chair), and with clients represented by women- or minority-owned firms. Clients include large corporations and large litigation boutiques.

We have to date provided financing for 19 different matters from the Equity Project, some of which were multi-case portfolios. The average amount of capital committed per matter was $8.9 million, indicating that these are large, complex litigation and arbitration matters. The matters qualified for inclusion in the Equity Project on the following basis:

• 14 with first or second chair female lawyers
• 3 with first or second chair racially diverse lawyers
• 2 with both a female and racially diverse lawyer as lead lawyers

Equity Project Champions

Burford has also expanded its cadre of Equity Project Champions, corporate and law firm leaders who will support and spread awareness of the initiative. The expanded list, which is currently in formation, includes the following returning and new* Champions:

APAC

• *Angela Ee, Asean and Singapore Turnaround and Restructuring Strategy Leader, EY-Parthenon
• *Blossom Hing, Director, Dispute Resolution and Corporate Restructuring & Workouts, Drew and Napier
• Brenda Horrigan, International Arbitrator

Europe

• *Conway Blake, Partner, Debevoise & Plimpton
• Amy Frey, Partner, King & Spalding
• Sophie Nappert, International Arbitrator; Co-Founder, ArbTech
• *Akima Paul Lambert, Partner, Hogan Lovells
• Sue Prevezer QC, International Arbitrator, Mediator and Consultant, Brick Court Chambers
• Noradèle Radjai, Partner, Lalive
• *Lauma Skruzmane, Founding and Co-Managing Partner, Butler Reichline Skruzmane
• Daniel Winterfeldt MBE QC (Hon), Founder & Chair Interlaw Diversity Forum, Managing Director & General Counsel – EMEA And Asia, Jefferies

US

• Elizabeth Brannen, Managing Partner & Chair of Intellectual Property Litigation, Stris & Maher
• Mylan Denerstein, Co-Chair, Public Policy Practice Group, Gibson Dunn & Crutcher
• *Ryan Dunigan, Senior Division Counsel, Corning, Incorporated
• The Honorable Katherine B. Forrest, Partner, Paul Weiss
• Faith Gay, Founding Partner, Selendy & Gay
• Maria Ginzburg, Partner, Selendy & Gay
• Megan E. Jones, Partner, Hausfeld
• Carolyn Lamm, Partner, White & Case
• Tara Lee, Partner, White & Case
• Roberta D. Liebenberg, Senior Partner, Fine, Kaplan & Black
• Veta T. Richardson, President & CEO, Association of Corporate Counsel
• Adriana Riviere-Badell, Partner, Kobre & Kim
• *Lauren M. Weinstein, Partner, MoloLamken

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai and Hong Kong.

For more information, please visit www.burfordcapital.com.

Nakiki SE announces that the two so-called “mask lawsuits” (lawsuits against the federal government for payment related to supply contracts for COVID masks), which are currently in the review phase or at the stage of a Letter of Intent, will not be financed after thorough and detailed examination.

Litigation funders such as Nakiki SE assess claims to be financed through both internal and external legal and economic evaluations. A decision not to finance a claim is not necessarily an indicator of the claim’s chances of success but may also be due to a limited risk appetite or other factors.

In principle, Nakiki SE remains interested in financing so-called mask lawsuits. Affected mask suppliers are still encouraged to contact Nakiki. Each case will be reviewed individually and promptly.

Houzhu Capital is delighted to invite you to join the International Conference on Third-party Funding Industry held in Beijing on 25 Sep, as part of the China Arbitration Week events. You may register here for in-person participation or online stream.

The Conference is the first international conference on TPF in China, which invites representatives from domestic and foreign arbitration centers, leading TPF institutions, well-known scholars, and practitioners from law firms and corporations.

Highlights of the event include:

• Opening speech and welcome from Mr. Jin Huang, Chairman of Beijing International Dispute Resolution Center, and Mr. Jianlong Yu, Vice-president of China Council for the Promotion of International Trade (CCPIT).
• Keynote speech on Third-party Funding in England and Wales: Learning from the Past, and Looking to the Future, by professor Rachael Patricia Mulheron from Queen Mary University.
• Panel I: Third-party Funding in Arbitration Rules, moderated by Ms. Yulin Fu, Professor of Peking University Law School, joined by representatives from arbitration centers.
• Panel II: International and Domestic Practice of Third-party Funding, moderated by Mr. Ning Fei, Senior Consultant of Houzhu Capital, joined by representatives from TPF institutions.
• Panel III: International and Domestic Use of Third-party Funding, moderated by Mr. Jialu Wang, Co-funder of Houzhu Capital, joined by representatives from domestic and international corporations.

A cocktail reception will be provided after the Conference for networking and further communication.

About Houzhu

Houzhu Capital is a leading TPF institution in China with domestic and international business footprints and network. Founded by top legal professionals and as a pioneer in China, Houzhu has been committed to exploring the regulatory development and business practice of TPF services in China, supporting clients in domestic and international dispute resolution and asset recovery. You can find more about Houzhu here[Author2] 

Moneypenny and VoiceNation, leading virtual receptionist and phone answering providers, have appointed a new US Head of Marketing, Kris Altiere.  Kris joins with over 20 years experience in marketing, growing revenue and improving brand awareness for companies of all sizes from start ups to rebrands and merging companies, which she has done time after time with great success.

Kris has a proven track record in establishing the brands she works with as the trusted leaders in their area, with a well defined identity.  She is an award-winning integrated marketing communications strategist, specializing in connecting vision with innovative digital communication solutions to drive sales, build brand image, and secure customer loyalty. Her role at Moneypenny and VoiceNation will be to drive US awareness and further the growth and recognition of the US brands though strategic marketing strategies, further solidifying the value proposition and expanding into new markets.  

Richard Culberson, CEO at Moneypenny North Amercia comments: “We are delighted to welcome Kris to our award-winning company and are excited about the fantastic experience she will bring to Moneypenny and VoiceNation. She’s an excellent addition to our rapidly growing team and her experience and expertise will be invaluable as we continue to strengthen our brands in the US.” 

Kris comments: “I am really looking forward to joining the diverse and global team and utilizing my extensive background and expertise in Healthcare and Legal to further expand those areas within the US, while growing the existing client sectors.  I am excited be part of the Moneypenny and VoiceNation award winning culture and to help lead and grow our marketing team, as well as work with the amazing UK marketing teams, to help the business with our ambitious growth plans.”

About our market-leading brands

Moneypenny and VoiceNation are America’s leading virtual receptionist & phone answering providers offering 24/7 communication solutions. 

Collectively, Moneypenny and VoiceNation employ over 1,000 people handling millions of calls, chats and bespoke tech solutions for thousands of businesses of all shapes and sizes from sole traders right up to multinational corporations.

Litigation Capital Management (LCM) has released its full year audited results for the year ended 30 June 2024.

Highlights

• Net realised gains of A$32.2m (FY23: A$51.5m), with concluded case investments generating a 2.4x multiple of cash invested (MOIC)
• Total income of A$44.7m (FY23: A$67.7m)
• Profit after tax for the period of A$12.7m (FY23: A$31.5m)
• Dividend of 1.25p (FY23: 2.25p)
• Net assets of A$188.9m (FY23: A$183.5m) with cases conservatively valued at 1.9x cash invested
• Book value per share of 94.4 pence (FY23: 90.3 pence)
• Total new commitments of A$279m added in the period (FY23: A$176m)
• Fund I which comprises US$150m of external capital is fully committed and Fund II which comprises US$291m of external capital is 58% committed
• Share buyback program is 70% complete and remains ongoing

Strategic Update

• The Company is continuing its transition to asset management. Fund III marketing to commence towards the end of 2024 calendar year
• Preparing a disciplined and staged entry into the US market. 
• Acquired the intellectual property of a cutting edge legal finance Big Data/AI platform. Application of this technology to form part of US market entry and drive enhanced origination and investment diligence more broadly across the Company

Commenting on the results, Patrick Moloney, CEO of Litigation Capital Management, said: "We are pleased to have extended our industry-leading track record with successful case outcomes over the past 12 months driving our 13-year investment performance to an impressive 2.9x multiple of invested capital. Our transition from balance sheet funder to high return asset manager is progressing well, and we are looking forward to engaging with our LP investor base as we commence marketing for Fund III.

"With our London operations firmly established, having generated realisations of over £100m at a MOIC exceeding 3x, we are now strategically preparing for a disciplined and staged entry into the US market. As part of this strategic initiative, we've recently acquired the IP of a leading legal finance Big Data/AI platform. We see substantial opportunities to leverage this technology across our business in an asset class that is ideally suited for such innovation."

The full result announcement and audited results can be read here.

Bay Point Advisors LLC, an Atlanta-based investment firm with a focus in niche private markets, is proud to announce the successful close of a $50 million capital raise for Bay Point Legal Fund II. This raise demonstrates Bay Point’s commitment to providing innovative investment solutions in the litigation finance sector.

The newly raised capital will be deployed to identify, invest, and support allocations across several litigation strategies, including primary and secondary mass tort acquisition, mass arbitrations, and single event cases.

“This marks a significant milestone in our 12-year journey. Bay Point Legal Fund II advances our initial vision for the firm of offering uncorrelated investment opportunities. We are excited to leverage our team’s expertise in litigation finance to continue our growth trajectory and deliver value for our investors,” said Charles Andros, President and Chief Investment Officer at Bay Point Advisors.

Bay Point Legal has a team of experienced professionals who possess deep expertise in legal, financial, and operational aspects of litigation finance. Bay Point believes that its investment approach and extensive network enable the firm to identify and capitalize on high-value opportunities.

Sean Coleman, Managing Director of Bay Point’s Legal Finance strategy, stated, “We are excited about the closing of Bay Point Legal Fund II. We have substantial capital to make an impact in the quickly evolving litigation finance vertical. Fund II will build on the creative and diversified, equity-type, mass tort investments made in Fund I while also expanding into new investment opportunities such as hybrid torts, abuse cases, mass arbitrations and single events. The fund has the potential to provide returns uncorrelated to equity markets, while also helping deliver equitable compensation to claimants who previously had limited avenues to justice.”

About Bay Point Advisors:

Founded in 2012 and headquartered in Atlanta, Georgia, Bay Point Advisors is a privately held investment firm with a strategic focus on niche markets often underserved by traditional financial institutions. Bay Point’s broad investment criteria allows for a dynamic response to market shifts. Committed to meeting the evolving needs of clients, Bay Point specializes in the prompt delivery of tailor-made capital.

About Bay Point Legal:

Bay Point Legal is the litigation finance arm of Bay Point Advisors. Specializing in equity investments in mass torts, single events, and mass arbitrations, the fund is dedicated to providing solutions that deliver strong returns while making a positive impact on the lives of those affected by corporate negligence. The legal fund leverages extensive industry experience and a robust network to identify, invest, and manage risk-adjusted investments in litigation finance.

Bryant Park Capital (“BPC”), announced today that Deminor Recovery Services (“Deminor”), a leading privately-owned global litigation funder, recently closed on an approximately $100,000,000 committed senior credit facility and asset-backed financing with two leading U.S. based asset managers focused on the legal assets industry.

BPC, a leading US-based middle market investment bank, served as the exclusive financial advisor to Deminor in connection with this transaction.

“Bryant Park Capital’s extensive knowledge of the financing markets, combined with their strong relationships and creative structuring capability have been invaluable and helped us complete this complex set of transactions that we believe will be transformative for our clients, employees and shareholders, reflecting how our business model and international footprint has expanded since our first external capital raise in 2021. Significantly, these investments, made on Deminor’s own balance sheet, will continue to enable Deminor to deliver fast decision-making and flexible funding terms, with final investment decisions resting with our Investment Committee. Bryant Park Capital has been an excellent partner for us and we greatly appreciate BPC’s guidance and support throughout the process,” said Erik Bomans – CEO, Deminor.

Commenting on Deminor’s platform and performance, Joel Magerman, Bryant Park Capital’s Managing Partner added, “Deminor has generated significant returns extending through multiple market cycles as a leading player in the litigation funding sector, and this capital raise will provide an opportunity to significantly expand the operating leverage of the Deminor platform internationally.”

About Deminor

Founded in 1990, Deminor is a leading privately-owned global litigation funder with 9 offices across continental Europe, London, New York, and Hong Kong.

Deminor has funded cases across four continents and 22 jurisdictions spanning 18 case categories as a leader in investment recovery, anti-trust, collective consumer, and commercial tort across 25 industries.

For more information about Deminor, please visit www.deminor.com.

Burford Capital, the leading global finance and asset management firm focused on law, today announces that Travis Lenkner has rejoined the company as a member of its Management Committee in the newly created role of Chief Development Officer.

Based in London, Mr. Lenkner is focused on Burford’s future and its ongoing transformation of the legal industry. His responsibilities involve identifying and executing strategic initiatives that drive growth and align with the company’s long-term objectives, and his areas of focus include law firm equity investments, the alternative delivery of legal services to corporate and individual clients, and legal tech, including AI.

Mr. Lenkner is a longtime global leader in the legal finance market, including as a launch partner of Gerchen Keller Capital, which Burford acquired in 2016. More recently, he co-founded and was Managing Partner of Keller Lenkner LLC; he also co-founded and was a Director of the firm’s European counterpart. In addition, he was Senior Counsel at The Boeing Company and a litigation and appellate attorney at Gibson, Dunn & Crutcher LLP. Mr. Lenkner was also a clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States.

Christopher Bogart, CEO of Burford Capital, says: “We are pleased to welcome Travis Lenkner back as a member of the Management Committee in the newly created role of Chief Development Officer, where he will be focused on the continued growth of Burford’s business. Travis has had a tremendous impact as a leader in law and legal finance, which includes the impact he made while previously at Burford. The legal field is generally slow to change but Burford remains committed to being at the forefront of its modernization, including changes related to equity investments in law firms and new technology such as AI. As a seasoned executive who has spent much of his career in legal finance, Travis shares Burford’s commitment to advancing the business of law, and we at Burford welcome his leadership and unique perspective as our business continues to grow.”

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai and Hong Kong.

For more information, please visit www.burfordcapital.com.

Nera Capital, a pioneering specialist funding provider to law firms, is pleased to announce a new strategic partnership with Fintex Capital, the innovative investment firm dedicated to private debt. As part of this partnership, Nera secured an initial £20 million investment from Fintex.

The demand for law firm financing is growing quickly, as more and more consumers look for redress from hidden commissions on car financing to housing disrepair. The new funding line will allow more consumers to have access to the justice they deserve as the financial barriers are diminished.

The partnership marks a significant milestone for both companies. It expands Nera Capital’s reach, diversifies its funding sources and enables it to bring the benefits of capital and expertise to a wider set of consumers. For Fintex, this is another landmark transaction, the 3^rd UK funding line of c. £20 million. This investment was fully funded by Fintex Capital’s flagship fund, Fintex Private Debt.

Aisling Byrne, Director of Nera Capital, said: “Fintex Capital’s investment enables the firm to accelerate its growth trajectory, further scaling its operations to provide crucial financial support to clients when they need it most. Along with being better positioned to ensure justice remains accessible, even against the most formidable adversaries, the additional funding line increases Nera Capital’s diversification.

The Fintex investment strengthens Nera’s financial base, diversifies our funding sources and allows us to explore new avenues in our market. It also enables us to scale our robust platform. We are pleased that our operations were once again endorsed by a prominent institutional investor.

Fintex made an excellent name for itself as a sophisticated, reliable lender in the UK and beyond. The Fintex team led by Sophie Batoua were a pleasure to deal with and the transaction was successfully executed in record time.”

Robert Stafler, CEO of Fintex Capital, said: “It comes as no surprise that demand for law firm finance is on the rise. This granular, insurance-backed financing provides vital funding to consumers when they need it most. It enables them and their lawyers to bring justice to families who without Nera’s support would be unable to seek redress.

Nera has a strong track record in its market, having successfully provided c. £200m in funding for UK consumer claims to date. We are delighted to see that our investment helps Nera solidify its position as a leader in its field. To us, this is just the beginning of a successful long-term partnership.”

Advisors: Nera Capital was advised by Walker Morris LLP, Mason Hayes & Curran LLP, and Copsey Murray Chartered Accountants. Fintex Capital was advised by Fox Williams LLP and Mason Hayes & Curran LLP

-ENDS-About Nera Capital: Established in 2011, Nera Capital is a specialist litigation funding provider with a presence in Manchester, Dublin, and The Netherlands. The firm is dedicated to supporting law firms and providing the financial resources necessary to pursue justice in both their Consumer and Commercial divisions.

Fintex Capital: (www.fintexcap.com) is a pioneering investment firm specialising in private debt. Since its inception, the firm has provided close to £400 million in private debt capital to borrowers across Specialty Finance and Real Estate Debt. Fintex is known for providing senior and mezzanine debt facilities to lending businesses in the UK and beyond; it also provides direct lending to asset-backed businesses and asset owners. The firm manages discretionary investment funds, as well as segregated managed accounts for various institutions.

Today marks the 15^th anniversary of the founding of Burford Capital, the leading global finance and asset management firm focused on law. In just 15 years, Burford has gone from a single $130 million investment fund to a $7.4 billion industry leader – with a 27x increase in its market capitalization.

Burford is fortunate to have a deep and continually growing bench of talented professionals from the world’s leading law firms and companies; we report below on the latest additions to the Burford team.

In recognition of that strong bench and a continued focus on our clients, Burford is today appointing Aviva Will, currently Co-Chief Operating Officer, as President. In her new role, Ms. Will’s focus will be predominantly on high-value, client-facing activities as we continue to expand our global relationships and the business evolves yet more towards complex financings with sophisticated corporate counterparties.

Burford is similarly appointing David Perla, also currently Co-Chief Operating Officer, into a new market-facing role of Vice Chair, focusing globally on Marketing, Public Policy, Industry Affairs and Public Relations, drawing on Mr. Perla’s experience and relationships in past leadership roles, including as President of Bloomberg Law.

Christopher Bogart, CEO of Burford Capital, says: “It should come as no surprise that Burford Capital continues to not only grow talent from within, but also to attract experienced senior professionals. In our 15^th year, my co-founder Jon Molot and I are incredibly proud of Burford’s successes and its extraordinary people. Jon and I are just as committed today as we were on day one to redefining and advancing the business of law.”

Burford has also recently added a number of senior professionals from top global corporations and law firms, including:

Andrew Farthing as a Director in Texas, responsible for managing matters in Burford’s US portfolio. Prior to joining Burford, Mr. Farthing was a Director at Apple and previously a senior litigator at Latham & Watkins.

Carrie Tendler as Special Counsel in New York, responsible for advising on the enforcement of judgments in cases backed by Burford with a particular focus on the YPF matter. Prior to joining Burford, Ms. Tendler was a Partner at Kobre & Kim and a litigator at Cravath, Swaine & Moore.

Josh Reed as Senior Vice President in Chicago, responsible for managing matters in Burford’s patent portfolio. Prior to joining Burford, Mr. Reed was Head of Global Litigation at the Sisvel Group and Chief IP Counsel at Allscripts.

Kate Tellez as Senior Vice President in Chicago, responsible for assessing and underwriting legal risk as part of Burford’s patent group. Prior to joining Burford, Ms. Tellez was a Partner at Steptoe.

Florencia Villaggi as Vice President in New York, responsible for assessing and underwriting legal risk in investor-state and international commercial arbitration. Prior to joining Burford, Ms. Villaggi was Counsel at Herbert Smith Freehills.

Josh Wood as Head of Investor Relations in New York, with responsibility for directing Burford’s investor relations activities. Prior to joining Burford, Mr. Wood was Head of Shareholder Relations at Patria Investments and previously Vice President at Carlyle.

Nicholas Sinigaglia has joined as Global Controller in New York as a key member of the finance management team. Prior to joining Burford, Mr. Sinigaglia was Chief Accounting Officer at Pie Insurance.

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai and Hong Kong.

For more information, please visit www.burfordcapital.com.