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Commercial

LawCoin to Tokenize Litigation Finance

LawCoin, a company that bills itself as the first platform for investing in litigation finance on the blockchain, has announced plans to tokenize its litigation finance portfolio investment vehicle, LawCoin Investments. As reported in Leader Insights, LawCoin is working with ConsenSys Codefi, a tokenization company that turns assets into digital tokens available on the Ethereum blockchain. The investment opportunity will be available to institutional and accredited investors, and the company is looking to further tokenize individual litigation finance deals. Founders Marc Goldich and Noah Axler cite tokenization's transparency as a benefit to traditional securitization. Goldich also points out that since most documents in a case are publicly filed, investors will receive an additional layer of detail that can't be mirrored with traditional securitized investments. LawCoin will also post updates and provide further documents as the cases progress. It will be interesting to see if LawCoin's tokenization brings new investors into the litigation finance space, and if that translates into increased liquidity for the sector.
Announcements Commercial

Allianz Identifies Five Risk Trends for Directors and Officers in 2020

NEW YORK--(BUSINESS WIRE)--The range of risks facing company executives or directors and officers (D&Os) – as well as resulting insurance claims scenarios – has increased significantly in recent years. With corporate management under the spotlight like never before, a new report by insurer Allianz Global Corporate & Specialty (AGCS) highlights five mega trends that will have significant risk implications for senior management in 2020 and beyond. The report, “Directors And Officers Insurance Insights 2020”, also examines some of the factors which are driving recent changes in the D&O insurance market after a period of sustained large loss activity. 1. More litigation coming from “bad news” “AGCS continues to see more claims against D&Os emanating from ‘bad news’ events not necessarily related to financial results,” says Shanil Williams, Global Head of Financial Lines at AGCS. “Scenarios include product problems, man-made disasters, environmental disasters, corruption and cyber-attacks.” These types of “event-driven” cases often result in significant securities or derivative claims from shareholders after the bad news causes a fall in share price or a regulatory investigation. Of the top 100 US securities fraud settlements, 59% are event-driven1. There has also been a spike in claims resulting from the #metoo movement, where it is alleged D&Os allowed a toxic culture to take hold and endure within companies. Other prevalent types of events are cyber incidents. AGCS has seen a number of securities class actions, derivative actions and regulatory investigations and fines, including from the EU’s General Data Protection Regulation (GDPR), in the last year, and expects an acceleration in 2020. 2. Climate change litigation on the rise Failure to disclose climate change risks will increasingly result in future litigation. Climate change cases have already been brought in at least 28 countries around the world to date with three-quarters of those cases filed in the US. There are an increasing number of cases alleging that companies have failed to adjust business practices in line with changing climate conditions. Environmental, social and governance (ESG) failings can cause brand values to plummet. “Directors will be held responsible for how ESG issues and climate change are addressed at a corporate level,” says Laura Coppola, AGCS Regional Head of Financial Lines in North America. “Increasingly, they will have to consider the impact of these when looking at strategy, governance, risk management and financial reporting.” 3. Growth of securities class actions globally Securities class actions are growing globally as legal environments evolve. AGCS has seen increasing receptivity of governments around the world to collective redress and class actions, particularly across Europe but also in Thailand and Saudi Arabia. The level of filing activity in the US has been at record highs in recent years with over 400 filings in both 2017 and 2018, almost double the average number of the preceding two decades. This increased activity is impacting both US and foreign companies that have securities listed directly in the US. Shareholder activism is also increasing dramatically. With global law firm, Clyde & Co, AGCS has compiled a risk map in the report that assesses the risk of a company being subject to a securities group action in a particular jurisdiction, taking into account the availability and prevalence of third party litigation funding, which is regarded as a strong factor in increased group action activity around the globe. While countries such as the US, Canada and Australia see the highest activity and most developed securities class action mechanisms, overall, such mechanisms are developing and strengthening around the world with the Netherlands, Germany, England and Wales showing notable development and increased activity in recent years. 4. Bankruptcies and political challenges impact AGCS expects to see increased insolvencies, which may potentially translate into D&O claims. Business insolvencies rose in 2018 by more than 10% year-on-year, owing to a sharp surge of over 60% in China2. In 2019, business failures are set to rise for the third consecutive year by more than 6% year-on-year, with two out of three countries poised to post higher numbers of insolvencies than in 2018. “Political challenges, including significant elections, Brexit and trade wars, could create the need for risk planning for boards, including revisiting currency strategy, merger and acquisition (M&A) planning and supply chain and sourcing decisions based on tariffs. Poor decision-making may also result in claims from stakeholders,” says Coppola. 5. Litigation funders spread across the world All of these mega trends are further fueled by litigation funding now becoming a global investment class, attracting investors hurt by years of low interest rates searching for higher returns. Litigation funding reduces many of the entrance cost barriers for individuals wanting to seek compensation, although there is much debate around the remuneration model of this business. Recently, many of the largest litigation funders have set up in Europe. Although the US accounts for roughly 40% of the market, followed by Australia and the UK, other areas are opening up, such as recent authorizations for litigation funding for arbitration cases in Singapore and Hong Kong. India and parts of the Middle East are predicted to be future hotspots. The challenging D&O insurance market Although it is estimated around US $15bn worth of premiums are collected annually for D&O insurance, the profitability of the sector has been challenged in recent years due to increasing competition, growth in the number of lawsuits and rising claims frequency and severity. AGCS has seen double digit growth in the number of claims it has received over the past five years. Insurers are facing more legal costs due to increasing activity, as well as more settlements and claims. Another issue is that “event-driven” litigation results in aggregation issues where multiple policies may be triggered. One event could trigger both D&O and either aviation, environmental, construction, product recall or cyber insurance policy claims. Find out more about D&O insurance About Allianz Global Corporate & Specialty Allianz Global Corporate & Specialty (AGCS) is a leading global corporate insurance carrier and a key business unit of Allianz Group. We provide risk consultancy, Property-Casualty insurance solutions and alternative risk transfer for a wide spectrum of commercial, corporate and specialty risks across 12 dedicated lines of business. Our customers are as diverse as business can be, ranging from Fortune Global 500 companies to small businesses, and private individuals. Among them are not only the world’s largest consumer brands, tech companies and the global aviation and shipping industry, but also wineries, satellite operators or Hollywood film productions. They all look to AGCS for smart answers to their largest and most complex risks in a dynamic, multinational business environment and trust us to deliver an outstanding claims experience. Worldwide, AGCS operates with its own teams in 33 countries and through the Allianz Group network and partners in over 200 countries and territories, employing over 4,400 people. As one of the largest Property-Casualty units of Allianz Group, we are backed by strong and stable financial ratings. In 2018, AGCS generated a total of €8.2 billion gross premium globally.
Commercial

IMF Bentham Formally Jumps into Contentious CBL Class Action

Last week, we reported on the contentious back-and-forth between litigation funders LPF Group and IMF Bentham. LPF accused IMF of muddying the waters with a potential shareholder action against failed insurer CBL, whom LPF is already bankrolling an action against. Now, IMF Bentham has formally stepped into the fray, after law firm Glaister Ennor filed a shareholder action which the Aussie-based funder is backing on a no-win, no-fee basis. As reported in RNZ, Glaister and IMF claim to have a significant number of both retail and institutional investors, who together purchased tens of millions of shares in CBL prior to its February, 2018 collapse. The insurer was worth $750MM on the New Zealand stock exchange when it fell apart. The Financial Markets Authority and Serious Fraud Office are investigating CBL, and LPF is already funding a shareholder action against the defunct insurer, alleging a breach of continuous disclosure obligations and insider trading by company directors. Upon IMF's announcement that it was considering its own action, LPF filed a complaint to ASIC stating that potential plaintiffs are likely to be confused by the dual action, which LPF director Phil Newland says is highly irregular. New Zealand's class action regime is far less robust than that of neighboring Australia, given the lack of such actions - especially shareholder actions. However such actions are on the rise in New Zealand thanks to litigation funding, so it will be interesting to see how the court handles the competing actions.
Commercial

Arowana Unfazed by LPF Group’s Class Action

Arowana, the New Zealand company that established Intueri Education Group in 2010, took it public in 2014, then liquidated it in 2017, is facing a potential class action lawsuit by Adina Thorn Lawyers and funded by LPF Group. However Arowana has clearly stated that the company is confident any class action against it stands no chance of success. As reported in The NZ Herald, Adina Thorn and LPF are seeking to represent over 800 investors who lost millions in the Intueri liquidation. Their suit - which has yet to be filed - would allege that Arowana, Intueri, and the former directors of both companies pocketed over $100MM upon Intueri's liquidation, with former managing director of Arowana Kevin Chin pocketing over $13MM himself. The size of the claim is expected to be over $100MM. Arowana's current market cap is $25MM, yet company directors aren't worried about the lawsuit, even failing to mention it at all during the company's annual shareholder's meeting last week. Arowana feels confident given the fact that The Financial Markets Authority, Serious Fraud Office and the Tertiary Education Commission all investigated Intueri, and although they found wrongdoing, none of their findings amounted to anything criminal, in the regulators' estimation. Given that the liquidation will not make any payments to shareholders, Adina Thorn and LPF are signaling that a class action will be the only way for shareholders to obtain remuneration.
Commercial

Litigation Funders Chomping at the Bit to Invest in Obamacare Insurance Claims

Litigation funders have long been vying to get a piece of Obamacare insurance claims, which allege the federal government failed to make good on a host of payments to health insurers. Now that the Supreme Court has decided to hear several of those claims, funders have begun reaching out to insurers with more attractive terms and pricing. According to Crain's, the underlying claims involve insurance companies who allege the federal government failed to pay roughly $12bn in aggregate payments promised under the Affordable Care Act. Insurers are bringing so-called 'risk corridor' claims, alleging the government's plan to stabilize premiums by shifting those payments from profitable insurers to less profitable ones failed, leading many insurers into insolvency. Funders have been interested in insurance claims for years now, typically offering 10 cents on the dollar to purchase the entire claim payout. Last year, however, the U.S. Court of Appeals ruled that the government is not liable, and that sent funders running for the hills. Yet the Supreme Court's decision to hear several of the risk corridor claims has revitalized interest, and funders are now offering 25 cents on the dollar just for a piece of the backend. Most health insurers have declined funders' offers, preferring instead to take their chances with the Supreme Court's decision. Yet some funders have had luck with insolvent insurers. A prime example here is Juris Capital. The funder with the now-defunct Land of Lincoln Health, which is suing the government for $76MM. Juris had offered millions of dollars in capital in exchange for a portion of the claim proceeds, but backed away from the deal after the Court of Appeals ruling. Now that the Supreme Court is set to hear oral arguments next month, with a verdict expected for June 2020, Juris has struck a deal to fund Land of Lincoln to the tune of $28.9MM for 100% of the claim proceeds, assuming they fall under $57.7MM. Should the payout exceed that amount, Juris will receive even more on the backend. Funders are also approaching large, solvent insurance companies who may want to offload the risk of a binary Supreme Court decision. It's unclear how many such claims have been funded, but as the decision date approaches, insurers should expect their phones to continue ringing off the hook.
Commercial

Litigation Funders Spar as LPF Group Complains to ASIC About IMF Bentham

Litigation funder LPF Group is funding a shareholder class action against the now-defunct insurance company CBL Corp., as well as its former directors. LPF has complained to ASIC, an Australian regulator, about rival funder IMF Bentham's proposed action, which may end up targeting only CBL and not the former directors. As reported in the NZ Herald, IMF is set to go forward with its shareholder action against CBL with or without the liquidator's consent. According to Gavin Beardsell, investment manager at IMF Bentham, the funder believes there is enough insurance to cover any legal settlement or award, this despite not yet knowing who CBLs insurer is. For that reason, Beardsell says it is unnecessary to sue the directors of CBL. Yet LPF has filed a complaint to ASIC stating that potential plaintiffs are likely to be confused by the dual action, which LPF director Phil Newland says is highly irregular. IMF has accused LPF of weaponizing its complaint, by taking it to the Aussie regulator. Class actions - especially shareholder claims - are extremely rare in New Zealand, with only one having made it to court thus far.
Commercial

Burford Targets Gender Inequity in Law with Equity Project

Burford Capital's Equity Project turned one year old last month. The initiative - launched by senior managing director Aviva Will - is aimed at incentivizing female lawyers to take greater risks. The mechanism for accomplishing this is a $50MM fund that can only be used for claims where a female attorney is first-chair, plaintiffs’ lead counsel or on a plaintiffs’ steering committee, or if the claimant is represented by a female-owned law firm. As reported in Bloomberg, The Equity Project has funded numerous cases over the last 12 months, many which surpassed Will's expectations in terms of case valuation. She initially thought the funding would go to smaller claims - those worth $2MM or less. However, the size of The Equity Project's cases has been comparable to those of the broader pool of cases that Burford funds. Will acknowledges that The Equity Project isn't going to flatten the gender inequity gap overnight, however she views her initiative as sowing the seeds of future generations of female leaders in Big Law. The project's long-term goal is to steer more women into equity partnerships and onto compensation committees at law firms. By helping women originate more claims and (hopefully) generate more revenue, The Equity Project will contribute to a cultural shift in law firms over time.
Announcements Commercial

$2.3 Billion of Capital Deployed Over 12-Month Period Across U.S. Commercial Litigation Finance Industry, According to First-of-Its-Kind Study

November 19, 2019—NASHVILLE— The first-ever detailed analysis of the U.S. commercial litigation finance industry places its size at $2.3 billion, leading U.S. litigation finance advisor, Westfleet Advisors, reported today in its inaugural Westfleet Advisors Litigation Finance Buyer’s Guide. Driven by data collected directly from litigation funders, the Guide represents the first reliable calculation of the size of the U.S. litigation finance industry and offers the most complete and revealing picture ever painted of the sector. This study includes data on the size, scope and focus of U.S. commercial litigation finance, as well as detailed profiles of many of the 41 litigation funders active in the space.

Litigation finance has remained to many—including the corporate legal departments that are its customer base—a market shrouded in mystery but filled with tremendous opportunity for users and funders alike. Through its canvassing of individual providers, Westfleet Advisors was able to “pull back the curtain” on the industry, finding that financiers have $9.5 billion of capital dedicated to financing commercial litigation in the U.S. During the 12-months from July 1, 2018 to June 30, 2019, $2.3 billion was committed to commercial litigation finance transactions in the U.S. market, quite possibly indicative of a current oversupply of capital. “[T]hese industry dynamics create favorable conditions for those potential users of litigation finance who can successfully navigate the market,” the guide concludes.

“Despite all the industry’s advances and virtues, litigation finance remains mostly opaque to its potential users, to the courts, and to other stakeholders in the civil litigation system,” said Charles Agee, founder of Westfleet Advisors and co-author of the buyer’s guide. “The industry will benefit from a broader understanding of its many benefits and from greater transparency generally. This has long been among our core objectives, and we are hopeful that this guide represents an important step in that direction.”

The guide includes one-page snapshots of major litigation financiers, identifying their preferred financing ranges, assets under management (AUM), financing criteria, and key personnel, among other information. Funders included in the guide vary from those with AUM in excess of a billion (including Bentham IMF and Therium), to those with hundreds of millions in AUM (like Validity, Parabellum, and Curiam), to small boutiques with less than $10 million under management.

Additional significant findings from the guide include:

  • The commercial litigation finance industry employs nearly 300 people in the U.S.;
  • Portfolio deals with law firms make up 47% of capital deployed; and
  • 70% of financing supports litigation being handled by law firms outside the AmLaw 200.

The full report is available at this link.

About Westfleet Advisors

Westfleet Advisors is the leading litigation finance advisor in the United States. It was founded in 2013 to bring greater transparency and efficiency to the litigation finance market by equipping users of litigation financing with expertise and resources. Our core mission is to ensure claim holders and lawyers have all the information they need to be successful with litigation financing. Our senior leadership has been active in the litigation finance industry since 1998.

Announcements Consumer

Segue Cloud Services Names Kevin Flood as Chief Operating Officer

Woodstock, NY—November 18, 2019, — Segue Cloud Services, a leading provider of cloud-based litigation finance management tools for the legal community, announced that it has appointed Kevin Flood, a proven business leader and former executive with the Coca-Cola Bottling System, as its new Chief Operating Officer. Flood will design and implement Segue Cloud Services’ ongoing business strategy, delivering both short- and long-term growth plans to build a robust organization serving attorneys and law firms across the United States. Flood has a proven track record of leading complex organizations and consistently delivering positive results. He served in several executive positions at Coca-Cola for more than two decades, including General Manager of Southern California, Vice President of Sales and Operations for the West Region, and Vice President of the New York Market Unit. In his capacity at Segue, Flood will work closely with the organization’s leadership team as the company expands its geographic and services footprint. “Kevin’s extensive experience as a driven, effective leader brings a new level of creativity and expertise to our operations,” said Jerry Fastman, Chief Executive Officer at Segue Cloud Services. “We’re excited to have him on board, and look forward to his contributions as Segue continues to reimagine technologies that serve the pre-settlement funding sector.” “I’m delighted to join the accomplished and dedicated leadership team at Segue,” said Flood. “The company is delivering a comprehensive platform that automates the entire pre-settlement funding process, allowing employees to focus on serving their clients instead of handling cumbersome administrative chores. I look forward to contributing to Segue’s growth as it continues to gain traction in the legal sector.” Headquartered in Woodstock, New York, Segue Cloud Services has developed an innovative software platform that has successfully operated a pre-settlement company since 2015. This software automates a full range of tasks associated with the pre-settlement funding process, from intake to settlement. Built on the popular Salesforce.com platform, Segue’s solution is secure, efficient, and effective. The software organizes and centralizes all contact information, populates forms, generates reports and documents, and notifies all parties by automating status changes, contract generation, and pay-off letters. Through this intuitive solution, legal finance providers can enhance productivity, streamline daily workflows, reduce costs, and speed time-to-market. About Segue Cloud Services Headquartered in Woodstock, New York, Segue Cloud Services provides cloud-based technology that automates all aspects of pre-settlement funding, from intake to settlement. Built on the Salesforce.com platform, Segue’s robust, customizable software tracks the progress of all funding requests, including the intake of forms, and automatically notifies staff, attorneys, paralegals and clients of status changes. Segue is integrated with Conga’s document management system, enabling customers to seamlessly create documents and generate reports. For additional information, visit www.seguecloudservices.com.
Commercial

In Bid for Greater Transparency, NAB Warn Shareholders of Mounting Legal Costs

National Australia Bank (NAB) is facing a myriad of regulatory actions and lawsuits which is leaving company executives in a lurch. After voluntarily self-reporting potential compliance issues to regulators, the bank announced to shareholders in its annual report that it is facing mounting legal and financial pressure in the wake of revelations from the Hayne Royal Commission. As reported in The Market Herald, NAB is alleged to have violated anti-money laundering and counter-terrorism financing laws. Regulator AUSTRAC hit the bank with a $700MM fine last year, and now NAB has self-reported potential compliance issues to various regulators in charge of those anti-money laundering and counter-terrorism financing laws. NAB also faces regulatory pressure from the Australian Securities and Investment Commission (ASIC), which is filing a civil claim against NAB after a report from the Royal Commission found the bank to have allegedly violated the Consumer Credit Protection Act. NAB's self-reporting to regulators and announcement to shareholders can be viewed as the bank turning over a new leaf, in a bid for greater transparency. However, given the intense pressure the bank is already under, it could be too little too late.
Announcements Consumer

U.S. Claims Closes $50 Million Deal

DELRAY BEACH, Fla., Nov. 12, 2019 /PRNewswire/ -- DRB Financial Solutions, LLC (DRBfinancial.com), and its wholly-owned subsidiary U.S. Claims (USClaims.com), America's premier pre-settlement funding company, today announced the two-year renewal of a $50M pre-settlement revolving credit facility.  The renewal comes amidst a string of financial transactions that have helped the company improve its offerings and foster further growth.

Steve Bashmakov, the company's Chief Financial Officer, commented, "This facility is being provided by one of our institutional partners that understands the fundamental credit quality of these assets and the strength of U.S. Claims' underwriting, origination, and servicing capabilities."

He continued, "It is a continuation of a long-term commitment with a tremendous partner.  We have chosen to renew it because it offers fantastic flexibility as well as attractive pricing and advance rates for our litigation funding business."

The $50M financing facility is yet another in a series of recent votes of confidence from the capital markets that will help fuel the company's continued growth.

About U.S. Claims: U.S. Claims (www.USClaims.com) provides litigation funding for plaintiffs, attorneys, and surgeries.  Its flagship offering is providing non-recourse financial support to personal injury victims, some of whom may have suffered catastrophic injuries from defective products, unsafe premises, motor vehicle accidents, and other types of accidents; this financial support provides the injured plaintiff the means to pay bills and endure the often long and arduous litigation process.

About DRB Financial Solutions, LLC, (DRB) provides liquidity solutions to individuals and small/medium-sized businesses holding high quality but illiquid assets. Having raised over $1 billion in capital and developed a robust origination platform, DRB is a market leader in four major lines of business:  U.S. Claims, CRG Financial, (CRGFinancial.com), DRB Capital (DRBCapital.com) and Producer Advance (ProducerAdvance.com).

Commercial

63% of In-House Counsel Report Increased Pressure to Reduce Costs Amidst a Lack of Resources

A new survey by Konexo, the alternative legal services department of global law firm Eversheds Sutherland, has found that nearly 2/3 of in-house counsel surveyed report increased pressure to reduce costs, while resources continue to dwindle. Yet despite this, GCs are loathe to outsource work to external counsel, instead looking for alternatives to the traditional law firm model. As reported by Australasian Lawyer, in-house counsel are increasingly handling larger and more complex claims, and are doing so with fewer resources at their disposal. And to top it all off, they are being asked to cut costs. Yet only 19% of respondents said that they plan to leverage external counsel for help. Instead, GCs are opting for creative workarounds, such as Legal Tech instruments which can help with data analytics and document automation. While the focus of the survey was on advancements made in the Legal Tech space, and how those services can help streamline operations and in turn ease the costs burden, there is a clear parallel here with litigation finance. The #1 selling point for funders is a reduction of both costs and risk for legal departments, and with in-house opening the welcome mat for Legal Tech, clearly the focus is on alternative strategies to achieve those aims.
Announcements Consumer

Momentum Funding Welcomes New Regional Account Executive, with a Focus on Central Florida

ORLANDO, Fla., Nov. 12, 2019 /PRNewswire/ -- Momentum Funding, a premier legal, medical, and transportation finance company, is excited to announce and welcome Kaitlynn Diaz as a new Regional Account Executive. She will oversee business in Central Florida. She comes to Momentum with a Juris Doctorate from Ave Maria School of Law and has worked in the legal industry for the past six years.
"We are very excited to have Kaitlynn join the team. She brings experience, a lot of energy, and wants to help attorneys add value to their cases. We look forward to growing our business in the Orlando market with her." said Mike Willyoung, Chief Marketing Officer at Momentum.
Ms. Diaz will directly consult and assist attorneys through the litigation finance process to offer a streamlined experience that is unmatched in the industry. Momentum Funding's core business is pre & post-settlement funding, focusing on assisting plaintiffs with their financial needs. They also provide medical funding, directly paying for medical procedures, surgeries, deductibles, and health insurance policies. For clients with transportation needs, they have launched a revolutionary ride service, 855-You-Ride, which offers a trusted and commercially insured concierge service to help transport plaintiffs to legal and medical appointments. The company has a growing national presence and provides resources and education for attorneys. They are licensed by the Florida Bar to offer continuing legal education (CLE) credits on the ethics of legal funding. The Momentum team consults with firms to add value to their clients' cases. For more information about plaintiff funding, medical funding, or their transportation service, please reach out to Elizabeth Pekin, Esq., at 855-855-FUND(3863) or visit www.momentumfunding.com.
Announcements Consumer

Legal-Bay Announces $105MM Fund to Pay for Negligence Claims in California Wildfires

PARADISE, Calif., Nov. 12, 2019 /PRNewswire/ -- Legal Bay Lawsuit Funding reports that residents of northern Californiawho have been affected by the slew of recent wildfires can apply for aid through the Wildfire Assistance Program. The $105 million fund was approved by the judge during PG&E's Chapter 11 case, and will be made available via the company's cash reserves. While the funding has been approved for victims of the 2017 wildfires and 2018's Camp Fire, payouts may be delayed due to even more disasters that have plagued the area. Numerous new wildfire claims have been filed, and the number of people affected ranks in the thousands. Even though settlements may be drastically delayed, Legal-Bay is still offering pre-settlement funding for families in need of an immediate cash advance. If you need an immediate cash advance against your pending wildfire lawsuit, you can apply at:  http://lawsuitssettlementfunding.com or call: 877.571.0405 It is difficult to prove negligence on the part of the utility companies. There must be strong evidence showing blatant irresponsibility and lack of reason when it comes to wildfire prevention. But Legal-Bay believes that with the recent court verdicts, wildfire legislation, and PG&E's outright admission of guilt, plaintiffs stand a great chance of coming out ahead. Chris Janish, CEO of Legal-Bay, commented on the recent uptick in wildfire lawsuits, "The victims of these horrific tragedies have already suffered enough, but now they are forced to wait it out as their lawsuits lag in the court system. In the meantime, pre settlement funding is available to plaintiffs who need money now to survive until their wildfire lawsuit makes it to trial. People need to rebuild their homes and their lives, and Legal-Bay is happy to help in any small way we can." If you have filed a wildfire lawsuit and need an immediate cash advance against your pending settlement, you can apply for presettlement funding at:  http://lawsuitssettlementfunding.com or call: 877.571.0405 Legal-Bay's funding programs are non-recourse, which means you only repay the settlement advance if you win your case. None of the programs should be considered to be a lawsuit loan, lawsuit loans, settlement loans, settlement loan, pre-settlement loans, or a pre-settlement loan.
Commercial

Why the Construction Industry is Ripe for Litigation Finance

The global construction industry is one that is utilizing litigation finance to greater and greater degrees. With heavy CapEx, a high rate of legal disputes and low margins, construction firms and contractors are finding solace in third party litigation finance. As reported in Construction News, last year's bankruptcy of UK contractor Carillion sent shockwaves through that nation's construction industry. Indeed, this is an industry that is teetering-- a recent CN100 poll found that the 10 largest UK construction firms reported an average pre-tax loss of -.5% last year. And total profits for the 100 largest construction and contracting companies - at just over £1B - equates to a mere 1.5% of turnover. What's more, construction is a risky business; things go wrong all the time, which naturally leads to a bevy of lawsuits. So construction and contracting companies are increasingly turning to litigation finance to achieve certainty in regard to their legal spend, and simultaneously reduce risk. And this trend isn't localized to the UK. We've reported on the rise of litigation finance in India, thanks to several construction companies there who have begun to utilize outside funding. And with China's colossal One Belt One Road initiative well-underway, everyone is expecting a rise in construction-related disputes from the 60 countries involved. Many third party funding experts have been eyeing the industry's potential expansion into Southeast Asia. It may very well end up being the construction industry which beckons global funders to that corner of the world.
Announcements Commercial

Woodsford Litigation Funding enters the Canadian market with three key hires

LONDON 11 November 2019, Woodsford Litigation Funding, the global provider of litigation financing solutions for businesses, individuals and law firms, has announced further expansion of its international executive team and entry into the Canadian market with the appointment John G. Booth, Ekin Cinar and Richard Asselin as Consultants. Ekin, with extensive experience in complex, high-value disputes involving commercial arbitration and litigation, is based in Toronto. Richard, a senior business professional with significant experience in Canada’s oil & gas service industry, is based in Calgary and will service the BC and Alberta markets for Woodsford. John, an experienced commercial litigator, investment banker, IP strategist and fund manager will split his time between the UK and Canada, with a focus on the entire country. These appointments are a graphic illustration of both the size of the opportunity Woodsford has  identified in Canada and the continued rapid global growth of the business as a whole, following last month’s announcement of three appointments to the UK executive team. “Following significant diligence, we firmly believe in the potential of the Canadian market. With these three appointments we have the key markets on both sides of the country covered. The expertise in our new Canadian team will allow us to fund all types of disputes including class actions, energy disputes, IP claims and general commercial litigation” commented Mark Spiteri, Woodford’s Finance & Commercial Director. John Booth commented, “It’s tremendously exciting to be joining one of the world’s leading litigation funders as we enter the Canadian market that I know so well. I am really looking forward to playing my part in making Woodsford Canada a success.” About Woodsford Litigation Funding Founded in 2010 and with a presence in London, Philadelphia, San Francisco, New York, Toronto, Calgary, Singapore, Brisbane and Tel Aviv, Woodsford Litigation Funding provides tailored litigation financing solutions for businesses, individuals, and law firms. This includes both single case and portfolio funding. Woodsford’s Executive team blends extensive business experience with world- class legal expertise. Woodsford is a founder member of the Association of Litigation Funders of England and Wales (ALF). Woodsford’s Chief Operating Officer, Jonathan Barnes, was recently re-elected to the board of ALF for a further three years.
Announcements Consumer

Legal-Bay Pre Settlement Funding Preparing For Numerous Bayer Lawsuit

JERSEY CITY, N.J., Nov. 9, 2019 /PRNewswire/ -- Legal-Bay LLC, The Pre Settlement Funding Company, announced today that they have recently seen an increase in Essure birth control lawsuits, and are preparing for numerous presettlement payouts in the coming months. The Essure brand birth control device is put out by Bayer, who is accused of knowingly distributing a faulty product. More than 17,000 plaintiffs have claimed serious pain and suffering from broken devices including device migration and perforated organs. Bayer continues to deny any wrongdoing and stands by the safety of its product, with all intentions of defending itself against the many lawsuits already filed, and the many more sure to come. In spite of past dismissals, California, Illinois, and Pennsylvania courts are currently selecting bellwether trial cases and setting court dates. The largest number of pending cases is in California, and their courts have compiled the largest collection of documents and information regarding the Essure devices. California and Pennsylvania are looking to try their cases sometime in 2019, while Illinois courts have already set a trial date, albeit not until 2020. Chris Janish, CEO of Legal-Bay commented, "Legal-Bay has seen an increase in the filings for Bayer's Essure device. While there are no settlements or jury verdicts in these lawsuits, we nevertheless remain committed to assisting plaintiffs with their presettlement cash advance needs." If you are involved in an Essure birth control lawsuit and are looking for presettlement cash now, you can fill out an application at: http://lawsuitssettlementfunding.com Legal-Bay is a leading personal injury pre-settlement advocate, and works directly with many of the top mass tort law firms to provide the best pre-settlement cash advance rates in the industry in as little as 24 – 48 hours. If you do not have an attorney, Legal-Bay can assist you with retaining a top lawyer or law firm that specializes in Essure cases. All of Legal-Bay funding programs are risk-free as you only repay the advance if your case is successful. The non-recourse advance is not a lawsuit loan, lawsuit loans, pre settlement loan, or pre-settlement loans. Please apply online at:  http://lawsuitssettlementfunding.com or call the company's toll free hotline at: 877.571.0405 where agents are standing by.
Announcements Commercial

Leading dispute financiers IMF Bentham and Omni Bridgeway complete merger transaction

SYDNEY (November 11, 2019) Leading dispute resolution financier IMF Bentham Limited (IMF Bentham) (ASX:IMF) announces that it has completed the merger with Omni Bridgeway Holdings BV (Omni Bridgeway) previously announced on October 15, 2019.
The combined IMF Bentham and Omni Bridgeway business accelerates IMF’s growth and creates a major diversified global litigation funding platform across common law and civil law jurisdictions in developed and emerging markets. The largest funding team in the world now offers end-to-end solutions for clients from pre-judgment merits funding to post-judgment enforcement and recovery. Having previously described the acquisition as a “merger of equals,” Andrew Saker, Managing Director and Chief Executive Officer of IMF Bentham, describes the combined resources as considerable. “We have over A$2.2 billion in capital to finance disputes and enforcement proceedings of significant size and complexity throughout the world. Our combined company has 18 offices in 10 countries across Asia, Australia, Canada, Europe, Middle East, UK, and the US and 145 professionals experienced in legal and recovery systems worldwide, fluent in more than 20 languages.” IMF Bentham will continue to be listed on the Australian Securities Exchange and the combined group will use the first-class business operations, reporting and accounting practices that have shaped IMF Bentham’s reputation as a trustworthy and reliable disputes financier. The combined group will assume one global name pending a rebrand projected for completion by 30 June 2020. About IMF Bentham IMF Bentham is a leading global litigation and dispute financier, headquartered in Australia and with offices in the US, Canada, Singapore, Hong Kong, and London. The company began funding disputes in Australia in the 1990s and has built its reputation as a trusted provider of innovative litigation financing solutions. It has established an increasingly diverse portfolio of litigation and dispute financing assets. IMF Bentham has a highly experienced litigation financing team overseeing its investments, delivering, as at 30 June 2019, an 89% success rate across 192 completed cases (excluding withdrawals). Visit imf.com.au to learn more. About Omni Bridgeway Omni Bridgeway was founded in the Netherlands in 1986 and is known as a leading financier of high-value claims and a global specialist in cross-border (sovereign) enforcement disputes. The Omni Bridgeway group includes ROLAND ProzessFinanz, a leading German litigation funder which became part of Omni Bridgeway in 2017, and a joint venture with IFC (part of the World Bank Group). The joint venture is aimed at assisting banks with the funding and managing the enforcement of non-performing loans and related disputes in the Middle East and Africa. Visit omnibridgeway.com to learn more. About ROLAND ProzessFinanz ROLAND ProzessFinanz AG has been providing commercial litigation funding solutions since 2001. The company became part of Omni Bridgeway in mid-2017, creating one of Continental Europe’s leading litigation funders. ROLAND funds medium-sized merits and group claims in the German-speaking jurisdictions of Europe.  Visit roland-prozessfinanz.de/en/ to learn more.
Announcements Consumer

Legal-Bay Lawsuit Funding Focusing On Wrongful Termination Cases

NEW YORK, Nov. 7, 2019 /PRNewswire/ -- Legal-Bay LLC, The Lawsuit Settlement Funding Company, reports today that they are focusing a large portion of their pre-settlement cash advance funding capital toward victims of wrongful termination due to racial, gender, or age-related discrimination. With the many payouts plaintiffs have received from the most recent court cases, Legal-Bay anticipates even more wrongful termination lawsuit filings to come.

Legal-Bay provides financial assistance to people who have recently found themselves unemployed, and can provide cash advances to plaintiffs while their cases are tied up in litigation. These pre settlement funds can assist people dealing with lost pay, lost benefits, emotional stress, punitive damages, and legal fees.

Chris Janish, CEO, commented on the company's focus of assisting plaintiffs in similar situations, "If the recent increase in applications is to be used as an indication, we can safely surmise that the number of wrongful termination lawsuits is on the rise. While the situation is frustrating and stressful for those who may have found themselves unjustly dismissed from their jobs, Legal-Bay is committed to helping these out-of-work individuals as they fight their cases."

If you are actively engaged in a lawsuit as a result of wrongful termination, please visit the company's website at http://lawsuitssettlementfunding.com for more information on how Legal-Bay can help you during this difficult time. Legal-Bay also helps victims involved in commercial litigation and verdict or judgment on appeal cases, as well as cases that result in personal injury.

Legal-Bay's programs are non-recourse lawsuit cash advances, also known as case funding, which means you only repay the settlement advance if you win your case. None of the programs should be considered to be a lawsuit loan, lawsuit loans, settlement loans, settlement loan, pre settlement loans, pre-settlement loans, pre settlement loan or a pre-settlement loan.

If you require an immediate cash advance or need help with finding a lawyer or law firm that specializes in wrongful termination cases, please go to the company's website: http://lawsuitssettlementfunding.com to fill out a preliminary application, or feel free to call Legal-Bay on its toll-free hotline at: 877.571.0405, where live agents are available to answer your questions.

Announcements Commercial

Ruth Stackpool-Moore joins IMF Bentham and Omni Bridgeway Asia team

SINGAPORE (11 NOVEMBER 2019) IMF Bentham Limited (ASX:IMF) is delighted to announce that on Monday, 4 November 2019, Ms Ruth Stackpool-Moore joined our expanding global team as Investment Manager, based in our Singapore office. Ruth’s appointment follows the news of IMF Bentham and Omni Bridgeway’s plans to merge, creating a leading global dispute financier and the largest on-the-ground team in the Asian region. Ruth will be responsible for sourcing, assessing and managing funded cases throughout Asia, including arbitration, litigation and insolvency claims. She will be working closely with Mr Tom Glasgow, Chief Investment Officer - Asia (based in Singapore) in a fast-growing dispute investment practice which spans Asia, including mainland China, Hong Kong, India, Indonesia, Japan, Korea, Philippines and Singapore. In June 2019, IMF Bentham was recognised as the only ‘Band 1' funder in the Asia-Pacific by the legal industry’s leading global directory, Chambers and Partners. Ruth said: “Having been at the forefront of the growing third party funding industry in Asia, it is an exciting progression for me to join Tom and the IMF team in Singapore, and to continue to offer sophisticated funding solutions to Asian corporates from within the market-leading platform IMF has built in Asia, and globally.” Before joining IMF Bentham in November 2019, Ruth was Managing Director for an exclusive broker to a global litigation funder in the Asia-Pacific region. One of the first to set up and manage local operations for a global funder in Asia, Ruth has been commercially assessing dispute prospects and funding cases in civil and common law jurisdictions in Asia, and globally, since 2015. During that time, she has also worked to develop regional political and legislative frameworks to allow third party funding in key Asian jurisdictions. Ruth joined the funding market from the Hong Kong International Arbitration Centre where, as Managing Counsel, she led the arbitration team and, in 2014, managed the Centre as Acting Secretary-General. Ruth is a qualified lawyer in Australia and the UK, with particular expertise in international arbitration, having begun her career in private practice with specialist firms Debevoise & Plimpton in London, Orrick Herrington & Sutcliffe in Paris and Coudert Brothers in Paris and Sydney. Tom Glasgow, IMF Bentham’s Chief Investment Officer - Asia, said: “We are thrilled to welcome Ruth to our team. As one of the pioneers of the funding industry in Asia, Ruth brings with her a wealth of experience and a deep professional network. She also joins us at an exciting time of growth, alongside the merger with Omni Bridgeway, allowing us to provide a truly unparalleled depth of service and expertise to our Asian client-base.” ABOUT IMF BENTHAM IMF Bentham is a leading global litigation and dispute financier, headquartered in Australia and with offices in the US, Canada, Singapore, Hong Kong and London.  The company has built its reputation as a trusted provider of innovative litigation financing solutions and has established an increasingly diverse portfolio of litigation and dispute financing assets.  IMF Bentham has a highly experienced litigation financing team overseeing its investments, delivering, as at 30 June 2019, an 89% success rate across 192 completed cases (excluding withdrawals).  Visit imf.sg or imf.com.au to learn more. ABOUT OMNI BRIDGEWAY Omni Bridgeway was founded in the Netherlands in 1986 and is known as a leading financier of high-value claims and a global specialist in cross-border (sovereign) enforcement disputes. The Omni Bridgeway group includes ROLAND ProzessFinanz, a leading German litigation funder which became part of Omni Bridgeway in 2017, and a joint venture with IFC (part of the World Bank Group). The joint venture is aimed at assisting banks with the funding and managing the enforcement of non-performing loans and related disputes in the Middle East and Africa. Visit omnibridgeway.com to learn more.
Announcements Commercial

Parabellum Appoints Jiamie Chen as Director of Investment Initiatives

Parabellum Capital LLC (“Parabellum”), a leader in commercial litigation finance, today announced the appointment of Jiamie Chen as Director of Investment Initiatives, a newly created position that strengthens the firm’s origination and underwriting of new investment relationships in strategically significant sectors. She will be based in San Francisco. “Jiamie has an incredibly impressive background and entrepreneurial character. With experience as a plaintiffs’ and defense-side antitrust attorney and as a federal prosecutor, she is ideally positioned to target and develop strategic initiatives,” said Aaron Katz, Parabellum’s Chief Investment Officer. “I’m honored to join a team that continues to lead the commercial litigation finance field through a focus on true alignment,” said Ms. Chen. “It’s an exciting time to join this fast-growing industry. Litigation finance today is brimming with opportunities to leverage my affirmative litigation experience to develop new strategies that innovate the business of law.” Ms. Chen joins from the Joseph Saveri Law Firm, where she specialized in complex litigation. Her experience there included work on the EpiPen antitrust and RICO multidistrict litigation (MDL), the Capacitors price-fixing antitrust litigation, and the UFC monopoly and monopsony litigation. She previously served as an Assistant United States Attorney and as the designated Department of Justice Financial Crimes Task Force prosecutor for the District of Nevada, focusing in high-dollar financial crimes. Ms. Chen also previously served as judicial law clerk for Chief Judge Lawrence J. O’Neill of the United States District Court for the Eastern District of California. She began her legal career in the antitrust and white-collar defense practices at White & Case LLP. Ms. Chen is an active member of various professional associations. In addition to serving on the California Lawyers Association Antitrust, UCL & Privacy Section’s Executive Committee, Ms. Chen is the Co-Chair of the Women’s Committee and a member of the Mentorship Program for the Asian American Bar Association of the Greater Bay Area; the Regional Director for the Dartmouth Asian Pacific American Alumni Association; a Board Member of the Dartmouth Club of Greater San Francisco; and a member of the American Bar Association Antitrust Section and the Bar Association of San Francisco. She is also a Barrister member of the Edward J. McFetridge American Inn of Court in San Francisco. Ms. Chen received her J.D. from the University of Pennsylvania Law School, where she served as Symposium Editor of the University of Pennsylvania Journal of International Law, and her B.A. in Government from Dartmouth College. She has published several expert commentaries on litigation matters and is a lead chapter author of an upcoming ABA Antitrust Section treatise on expert witnesses and Daubert practice. About Parabellum Capital Parabellum Capital is a leading financier of commercial and intellectual property litigation. Its principals pioneered the commercial litigation funding market in the United States and remain on the forefront of shaping the asset class as the industry evolves. Parabellum is a trusted financial partner to claimholders and law firms for a wide array of litigation matters in the US, other common law jurisdictions, and international arbitration forums. Founded in 2012, Parabellum’s team includes legal and financial professionals with backgrounds at major law firms, investment banks, accounting firms, and the federal government. Parabellum principals previously founded the Legal Risk Strategies and Finance group at the global investment bank Credit Suisse. Parabellum manages both separate accounts and pooled private equity vehicles for institutional and high net worth investors globally. Based in New York, Parabellum’s team has invested hundreds of millions of dollars in the commercial litigation arena. Areas of focus include commercial disputes, antitrust, intellectual property infringement, trade secret misappropriation, bankruptcy and special situations. For more information, visit www.parabellumcap.com.
Announcements Consumer

Legal-Bay Settlement Funding Announces Extended Filing Deadline For Victims Of Sexual Abuse

JERSEY CITY, N.J., Nov. 6, 2019 /PRNewswire/ -- Legal-Bay LLC, The Lawsuit Pre Settlement Funding Company, reports a win for the victims of child sexual abuse at the hands of clergy members. After years of fighting, Governor Phil Murphy signed a law that offers victims of abuse the ability to sue their abusers up until they turn 55, or within seven years of their realization that the abuse caused them harm. Additionally, victims formerly excluded by the previous statute of limitations now have two years to file lawsuits seeking damages from the churches and dioceses that covered up the abuse. The bill will go into effect on December 1, 2019. If you or a loved one require an immediate cash advance from your clergy or Catholic church sexual abuse case, please visit the company's website:  http://lawsuitssettlementfunding.com or call: 877.571.0405 Chris Janish, CEO, commented on the company's focus of assisting plaintiffs in similar situations, "While these cases are appalling and heartbreaking, it's important for our company to inform the public of their options. Nothing can compensate for the lifetime trauma of childhood abuse, but with the new extended deadlines, adult victims will now be able to receive monetary reparations for their pain and suffering." Legal-Bay is an advocate for victims of sexual abuse across the country, and is well-versed in clergy abuse litigation, especially in situations where Catholic churches have filed for bankruptcy to limit their payouts. Even in those cases, the pre settlement cash company was able to provide a lawsuit cash advance to victims across the country, including NY and NJ. If you have already filed a clergy or Catholic Church sexual abuse lawsuit, you can apply for presettlement funding at:  http://lawsuitssettlementfunding.com or call: 877.571.0405 Legal-Bay's programs are non-recourse lawsuit cash advances, also known as case funding, which means you only repay the settlement advance if you win your case. None of the programs should be considered to be a lawsuit loan, lawsuit loans, settlement loans, settlement loan, pre-settlement loans, or a pre-settlement loan. SOURCE Legal-Bay LLC
Consumer

West Virginia Basically Outlaws Consumer Legal Funding

After the state of West Virginia amended article 6N of its Consumer Credit and Protection Act this past summer, the litigation funding industry has essentially been prevented from operating in the state. And that's exactly what industry opponents were hoping for. According to JD Supra, West Virginia's amendment only applies to funding towards individuals, not to commercial entities (that's in contrast to some other states' funding regulations, such as Wisconsin's, which appear to apply more broadly). The amended article now regulates both the funders themselves and their funding contracts. Key provisions include: the requirement for funders to register in the state and remain 'in good standing,' a prohibition on paying the consumer's attorney any fee or commission, a prohibition on assigning funding contracts (with some exceptions), a mandate that funding contracts be completely filled in when presented to the consumer and contain certain disclosure language, a prohibition against mandatory arbitration, and perhaps most importantly - a rate cap of 18% with no more than semi-annual compounded fees. That last provision is what essentially prevents the industry from operating in the state, since roughly 10% of all funding investments are lost due to the case being dismissed or lost at trial (funding is non-recourse, so if the consumer doesn't win a payout or settle, the funding company gets nothing). Plus, the penalties for violation are harsh. Any violation renders the funding agreement null and void, and should the funder litigate the enforcement of a contract in court and lose, they may be on the hook for the counterparty's attorney fees. All of this is a clear signal to the industry by the state of West Virginia: Go away. And as the Alliance for Responsible Consumer Legal Funding points out, that is exactly what has happened.
Announcements Consumer

U.S. Claims Makes Further Inroads into $250B Market

DELRAY BEACH, Fla., Nov. 5, 2019 /PRNewswire/ -- DRB Financial Solutions, LLC (DRBfinancial.com), and its wholly-owned subsidiary U.S. Claims (USClaims.com), America's premier pre-settlement funding company, today announced that U.S. Claims has closed on yet another private placement transaction.  This marks the company's second litigation advance backed transaction of the year and DRB Financial's fourth term securitization transaction involving this asset class overall.  It primes U.S. Claims to continue its run of impressive growth.

DRB Financial's Senior Vice President and Head of Capital Markets, Jason Sutherland, commented, "We are very pleased with the market's response to this new and rapidly growing asset class.  In each of our four-term transactions, we have achieved improved execution in terms of advance rate and credit spreads."  He continued, "We hope to issue 2-3 such term deals per year as we continue to expand the origination and servicing platform."

Donna Lee Jones, the President of U.S. Claims, added, "America's tort system presents us with a total addressable market of more than $250 billion per year, and we have barely scratched the surface of this opportunity.  We look forward to helping tort victims through the often arduous litigation process while offering attractively priced investment opportunities to the capital markets."

The pre-settlement funding company, established in 1996, has been consistently voted among the best in the nation.  In 2019 alone, U.S. Claims earned first place rankings by the audiences of national legal publications in several categories, including "Best Consumer Litigation Funding Provider," "Best Law Firm Funding Provider," and the coveted "Hall of Fame" award from The Legal Intelligencer.

About U.S. Claims: U.S. Claims (www.USClaims.com) provides litigation funding for plaintiffs, attorneys, and surgeries.  Its flagship offering is providing non-recourse financial support to personal injury victims, some of whom may have suffered catastrophic injuries from defective products, unsafe premises, motor vehicle accidents, and other types of accidents; this financial support provides the injured plaintiff the means to pay bills and endure the often long and arduous litigation process.

About DRB Financial Solutions, LLC, (DRB) provides liquidity solutions to individuals and small/medium-sized businesses holding high quality but illiquid assets. Having raised over $1 billion in capital and developed a robust origination platform, DRB is a market leader in four major lines of business:  U.S. Claims, CRG Financial, (CRGFinancial.com), DRB Capital (DRBCapital.com) and Producer Advance (ProducerAdvance.com).

Commercial

Bloomberg Surveys Challenges and Opportunities in Litigation Funding Market

As we turn the corner into 2020, Bloomberg Law analyzes the results of its own Litigation Finance Survey to account for the challenges and opportunities facing the industry at this pivotal moment. As reported in Bloomberg, litigation finance had a wild year in 2019, and there is a lot to digest going into 2020. Bloomberg recently conducted a litigation finance survey, where they found that disclosure is the top concern for attorneys who have obtained or are interested in obtaining funding. Their survey shows that over 50% of attorneys who have done so are uninformed as to how frequently disclosure has been ordered (and in what contexts). Another key concern is accounting methodology. This topic was brought to the forefront in the Burford Capital / Muddy Waters saga, and has since become a hot-button issue in the industry. Burford is one of only a handful of publicly-traded funders, and the largest funder in existence; so to have the company shed nearly 50% of its value in a single day is naturally off-putting for investors and would-be investors into the space. And that brings us to one of the key points of of Bloomberg's survey findings: there is room for industry growth. The survey found that interest in funding outpaces current funding levels. Bloomberg points to Legalist's and Validity's funding rounds as two of the top-10 funding rounds in Legal Tech for 3Q19.
Announcements Commercial

Therium Access announces second round of grant awards to improve access to justice in the UK

Therium Group Holdings Limited, one of the world’s leading providers of litigation, arbitration and specialty legal finance, today announced the second recipients of grant awards by Therium Access, the firm’s not-for-profit arm dedicated to facilitating access to justice. This follows the recent appointment of Lord John Thomas of Cwmgiedd to its Advisory Committee and Jeunesse Mensier as Grant Programme Director.  The recipients of this grant round are: The Child Poverty Action Group:  a grant for the employment of an additional solicitor to build the capacity of their award-winning legal team which conducts strategic litigation to end child poverty; The Bar Human Rights Committee: a grant for the employment of a legal and policy officer to support the Bar’s influential international human rights work; JUSTICE: a grant towards their core costs to support their work which seeks to effect systemic change within the UK justice system by producing in-depth reports and recommendations; Advocate: a grant for the employment of their volunteer manager who facilitates and supports the laudable pro bono efforts of the Bar by representing those who cannot afford legal representation; The Free Representation Unit: a grant for the employment of a legal officer to provide full casework and advocacy in the social security and employment tribunals; National Family Mediation: a grant for the employment of a call handler to provide early advice and arrange mediation for families going through divorce or separation; The Speakeasy Law Centre: a grant for the employment of a new trainee solicitor who will provide legal advice to vulnerable people in the Cardiff area and ultimately qualify as a solicitor with experience in legal aid and social welfare law; Project for Registration of Children as British Citizens: a grant for the employment of a legal administrator and towards their core costs to support the specialist advice and strategic litigation they conduct on complex children’s citizenship issues; and Central England Law Centre: a grant towards their Birmingham centre’s core costs to support the direct advice they provide to local people and to bring strategic litigation cases. In addition, Therium Access has approved grants for two strategic litigation cases. Further information on these grants will follow in due course. Launched in March 2019, Therium Access has committed to providing grants worth a total sum of £900,000 to date. It is anticipated that tens of thousands of people will benefit from these grants, either by receiving direct advice and support or by the strategic litigation conducted by these organisations. Therium Access is the first of its kind initiative in the litigation funding industry. Grants awarded by Therium Access are intended to promote access to justice for those who lack the funds necessary to pursue or defend claims, as well as supporting projects that seek to improve access to justice.  John Byrne, Co-Founder and CEO of Therium Capital Management Limited, said: “We were overwhelmed by the number of worthy applications we received.  It is humbling to see the incredible work that so many organisations are doing every day to support the most vulnerable people in our society. Therium is proud to offer support to a number of these inspirational organisations and we look forward to building even more relationships in the advice sector.” Lord Falconer, Chairman of Therium Access Advisory Committee, said: “These grants demonstrate the depth of the impact Therium Access has. Most of our grants have been made to organisations which provide direct advice to those most in need, but it is also critical to support organisations which seek to challenge, influence or change the law.” About Therium Access Therium Access is the primary expression of Therium’s corporate and social responsibility programme. Therium Access dispenses with the criteria of funding for profit and has the sole purpose of facilitating access to justice.  Therium Access is a mark of Therium’s wider commitment to the pursuit of justice and the rule of law. Therium Access accepts applications from charities and other entities whose services and projects facilitate access to justice or from those seeking assistance to obtain legal representation on cases (including defence) which have strategic importance. The applicant’s need and the impact of the grant will be important factors in our review process. The deadline for the submission of the next round of grant applications is 30 April 2020. In addition, urgent applications may be considered on an ad hoc basis. Applications need to be made by legal representatives or the entity seeking a grant.  The board of Therium Access is assisted by an Advisory Committee which is chaired by Lord Falconer, former Lord Chancellor, Secretary of State for Constitutional Affairs and Secretary of State for Justice. Therium Access aims to support access to justice in the broadest terms and considers applications that further the following causes (in no particular order): The right to legal representation or due process; The proper and efficient administration of justice; The advancement of human rights; The promotion of equality of rights and diversity; The protection of children, the elderly, the disabled, minorities, asylum seekers and other vulnerable or disadvantaged groups; The advancement of environmental protection or improvement; The promotion of legal education that furthers the causes listed above; and any other case or project in which a person, group, or entity will not have access to justice without financial assistance. Therium Access is intended to be a global initiative. Its initial focus is on the UK and it will be rolled out in other jurisdictions in a number of planned phases. About Therium Therium is a leading global provider of litigation and arbitration and specialty legal finance. Over that period, Therium has funded claims with a total value exceeding £34 billion, including many of the largest and most high profile funded cases in the UK.  With investment teams in the UK, USA, Australia, Spain and Norway, Therium has established a track record of success in litigation finance in all forms, including single case litigation and arbitration funding, funding law firms and portfolios of litigation and arbitration claims.  Therium is also a founding member of the Association of Litigation Funders of England and Wales.  Therium Access and its not-for-profit funding is the latest innovation from Therium which has consistently been at the forefront of innovation in litigation finance, pioneering the combined use of insurance tools alongside funding vehicles, and introducing portfolio funding products into the UK.  Therium’s ability to develop innovative funding arrangements and bespoke financial solutions for litigants and law firms complements its unmatched experience and rigorous approach to funding a wide range of commercial disputes throughout the world. Chambers and Partners have ranked Therium as a Tier 1 litigation funder and Neil Purslow, the firm’s Chief Investment Officer, as a leading individual in the litigation funding industry, for the last two years. In February this year, Therium Capital Management was top ranked as one of the two “Leading” litigation and arbitration funding firms in the UK by legal and business directory Leaders League, in their 2019 ranking of litigation funding. Therium was also ranked as “Excellent” in the 2019 US ranking.  www.therium.com  www.theriumaccess.org
Uncategorized

LPF-Funded $750MM Shareholder Class Action Launched Against New Zealand Insurer CBL

LPF Group is funding a $750MM class action against collapsed New Zealand Insurer CBL, alleging the company directors breached their continuous disclosure obligations, made misleading statements during the IPO, and engaged in insider trading. As reported in Stuff, CBL collapsed in 2018, and now major shareholders, led by investment firm Harbour and Argo Investments Limited, are seeking redress for their financial losses. The company failure was one of the largest at the time in New Zealand corporate history. The claim alleges that the IPO statements were misleading, as they gave the impression that the company had enough in reserves to cover its insurance obligations. The claim also states that company executives failed to properly disclose key financial information post-IPO, and that directors Peter Harris and Alistair Hutchinson sold shares in CBL through companies they controlled, using information not privy to the general public. The now-defunct insurer, which did most of its business in Europe and specialized in new home renovation insurance, cost shareholders hundreds of millions when it went belly-up. Questions are also being asked about the industry regulator, the Reserve Bank, which had suspicions about CBL in 2013, but did not actively pursue an investigation until 2017 due to a lack of resources. CBL's directors are defending themselves against the allegations, and deny any wrongdoing whatsoever.
Commercial

Hearing Set for RAM Investors in LPF-Funded ANZ Claim

Ross Asset Management (RAM) investors are suing Australia and New Zealand Banking Group (ANZ), alleging that the bank breached its fiduciary duties to investors. The first legal hurdle has emerged, with ANZ filing a 'strike-out' application, asking the court to dismiss the motion entirely. As reported in ShareChat, the underlying claim involves investors in RAM, who allege that the now-defunct investment vehicle swindled them out of millions of dollars. RAM collapsed in 2012 after it was discovered to essentially be a Ponzi scheme. The $450MM under management had been wiped out, with further losses of $100MM on the books. Thus far, only $10MM has been recovered for investors. A claimant pool of 500 investors is suing ANZ for $70MM, in a claim that is funded by New Zealand funder LPF Group. With ANZ's latest application, the likelihood of a court date before 2021 is looking grim. However RAM investor group spokesman John Strahl noted that he'd rather have this application out of the way now, to ensure the court indeed wants to hear this case, than learn much later in the process that the case should be tossed.
Announcements Commercial

Augusta launches Consumer Claims Division with hires from Deloitte, Puma Investments, Prospect Capital and Stevens & Bolton

Augusta, the UK’s largest litigation funder by case volume, today announces the formation of its Consumer Claims Division, with four new hires into the business.

Led by Head of Structured Projects, Ed Yell, new joiners to the team are: Investment Managers Oliver Lawson, Solicitor (joining from Stevens & Bolton), Matthew Pitchers, ACA (joining from Deloitte) and Katherine Woodfine, CFA (joining from Puma Investments) as well as Investment Associate Lewis Davey (joining from Prospect Capital). Max Turner, already with Augusta, will also work with the team.

Louis Young, Managing Director at Augusta, said “I’m delighted to welcome Oliver, Matthew, Katherine and Lewis to the new division that Ed Yell has created. We have seen increasing demand for the funding of both large-scale consumer actions and high volume individual claims, both in the UK and in Europe, and we have responded with investment into specialist expertise to help law firms, claims managers and their clients navigate the compensation terrain on their way to gaining the access to justice that is sorely needed”.

Augusta has recently announced a further $115m fundraising from a multi-billion-dollar US-based investment manager. This follows a £150m fundraising from a global investment fund in 2018, to finance business growth and investment in funding cases.

Augusta has also recently announced hirings into its senior team with the arrival of Proskauer Director Polly Bahl as Chief Operating Officer, FTI Consulting Managing Director Leor Franks as Chief Marketing Officer and Ardonagh Group’s Chief Counsel Frances Coats as General Counsel. These additions reflect Augusta’s ongoing growth and increasing client demand for dispute and litigation funding.

About Augusta:

- Established in 2013, Augusta is the largest litigation and dispute funding institution in the UK by # case. Augusta’s scale enables us to make decisions in market-leading timeframes and fund cases of any size. - Augusta is organised into a series of specialist practice groups: Arbitration, Class Action, Competition, Consumer, Intellectual Property and Litigation, and sectors including Financial Services and Construction & Energy. - By the end of H12019, Augusta had funded 213 claims with a market-leading win ratio of over 80%. - Augusta has offices in London, Sydney, Melbourne and Toronto. - #consumer #litigation #legalservices #investment #privateequity

Announcements Commercial

Lord Thomas of Cwmgiedd joins the Advisory Committee of Therium Access, which is chaired by Lord Falconer

Jersey, Channel Islands, 29 October 2019. Therium Access, the not-for-profit arm of leading global litigation finance provider Therium, today announced that Lord John Thomas of Cwmgiedd is joining its Advisory Committee. Jeunesse Mensier has also been named Grant Programme Director. Lord Thomas was Lord Chief Justice of England and Wales – the most senior judge in the UK – between 2013 and 2017, and is a life peer. He was born in Wales and read law at Trinity Hall, Cambridge before being called to the Bar in 1969. Lord Thomas commenced practice in commercial law at what is now Essex Court Chambers in 1972 and became Queen’s Counsel in 1984. In 1992, he was appointed by the Department of Trade to inquire into the affairs of the Mirror Group Newspapers when owned by Mr Robert Maxwell. He became a High Court Judge in 1996, became a Lord Justice of Appeal in 2003 and was Senior Presiding Judge of England and Wales from 2003 to 2006. In 2008, he was appointed Vice-President of the Queen’s Bench Division and Deputy Head of Criminal Justice. He succeeded Sir Anthony May as President of the Queen’s Bench Division in 2011 before becoming Lord Chief Justice of England and Wales two years later. More recently, Lord Thomas has been the Chair of the Commission on Justice in Wales tasked with reviewing the Welsh justice system. The Report will be released later this month. Jeunesse Mensier was previously an Investment Officer at Therium, and the change in her role further demonstrates Therium’s commitment to this ground-breaking initiative in the litigation funding industry. Throughout her career, Jeunesse has been committed to access to justice and she will lead the direction of the grant programme as it continues to expand. Therium Access, launched in March this year, awards grants for cases with strategic importance which tackle important or systemic issues, as well as to organisations that seek to improve access to justice. The Advisory Committee is chaired by former Lord Chancellor and Justice Secretary Lord Falconer.  The inaugural recipients of Therium Access grants included The Personal Support Unit, LawWorks, Crosslight Advice and the Suffolk Law Centre. Jeunesse Mensier, Grant Programme Director of Therium Access, said: “To add someone of the calibre and experience of Lord Thomas to our esteemed Advisory Committee is a real privilege. We are currently reviewing over 50 applications received as part of our second grant round, and the next grant recipients will be announced on the 4th of November. We look forward to Lord Thomas’s support and invaluable insights in helping to ensure that Therium Access fulfils its purpose.” Lord Thomas said: “I am delighted to join the Advisory Committee of Therium Access, an important initiative in restoring the right to legal support. The pressure of austerity and legal aid cuts have resulted in a justice system that is unable to protect the rights and serve the interests of its most vulnerable citizens. Access to the courts and the ability to rely on the rule of law form the bedrock of a civilised society.” John Byrne, Co-Founder and CEO of Therium Capital Management Limited, said: “Therium Access is extremely fortunate to have the commitment and enthusiasm of Jeunesse Mensier and a distinguished Advisory Committee, chaired by Lord Falconer, which assesses grant applications from those shut out of the justice system. Adding Lord Thomas to the committee makes an even more formidable team.” About Therium Access Therium Access is the primary expression of Therium’s corporate and social responsibility programme. Therium Access dispenses with the criteria of funding for profit and has the sole purpose of facilitating access to justice.  Therium Access is a mark of Therium’s wider commitment to the pursuit of justice and the rule of law. Therium Access accepts applications from charities and other entities whose services and projects facilitate access to justice or from those seeking assistance to obtain legal representation on cases (including defence) which have a strategic importance. The applicant’s need and the impact of the grant will be important factors in our review process. The deadline for the submission of the next round of grant applications is 30 April 2020. In addition, urgent applications may be considered on an ad hoc basis. Applications need to be made by legal representatives or the entity seeking a grant.  The board of Therium Access is assisted by an Advisory Committee which is chaired by Lord Falconer, former Lord Chancellor, Secretary of State for Constitutional Affairs and Secretary of State for Justice. Therium Access aims to support access to justice in the broadest terms and considers applications that further the following causes (in no particular order): The right to legal representation or due process; The proper and efficient administration of justice; The advancement of human rights; The promotion of equality of rights and diversity; The protection of children, the elderly, the disabled, minorities, asylum seekers and other vulnerable or disadvantaged groups; The advancement of environmental protection or improvement; The promotion of legal education that furthers the causes listed above; and any other case or project in which a person, group, or entity will not have access to justice without financial assistance. Therium Access is intended to be a global initiative. Its initial focus is on the UK and it will be rolled out in other jurisdictions in a number of planned phases. About Therium Therium is a leading global provider of litigation and arbitration and specialty legal finance, active in England and Wales since 2009. Over that period, Therium has funded claims with a total value exceeding £34 billion, including many of the largest and most high profile funded cases in the UK.  With investment teams in the UK, USA, Australia, Spain and Norway, Therium has established a track record of success in litigation finance in all forms, including single case litigation and arbitration funding, funding law firms and portfolios of litigation and arbitration claims.  Therium is also a founding member of the Association of Litigation Funders of England and Wales. Therium Access and its not-for-profit funding is the latest innovation from Therium which has consistently been at the forefront of innovation in litigation finance, pioneering the combined use of insurance tools alongside funding vehicles, and introducing portfolio funding products into the UK.  Therium’s ability to develop innovative funding arrangements and bespoke financial solutions for litigants and law firms complements its unmatched experience and rigorous approach to funding a wide range of commercial disputes throughout the world. Chambers and Partners have ranked Therium as a Tier 1 litigation funder and Neil Purslow, the firm’s Chief Investment Officer, as a leading individual in the litigation funding industry, for the last two years. In February this year, Therium Capital Management was top ranked as one of the two “Leading” litigation and arbitration funding firms in the UK by legal and business directory Leaders League, in their 2019 ranking of litigation funding. Therium was also ranked as “Excellent” in the 2019 US ranking. www.therium.com www.theriumaccess.org