Bentham IMF Completes Third Round of US Hiring Since Launch of $500M Fund Devoted to US Investments, Bringing on Talent to Address Funding Demand for Trade Secrets and International Arbitration Disputes

NEW YORK (September 11, 2019) – Leading commercial litigation funder Bentham IMF has completed its third round of hiring since the November 2018 launch of its second fund devoted to US investments.

Stephanie Southwick, Managing Partner of Greenfield Southwick LLP, a boutique business and intellectual property litigation firm, has joined the company as an Investment Manager and Legal Counsel, adding strength to the team of former Latham & Watkins attorneys in its San Francisco office. Nilufar Hossain, Acting General Counsel at Prakti who previously practiced international arbitration and commercial litigation at King & Spalding LLP and Freshfields Bruckhaus Deringer LLP, has joined Bentham as Legal Counsel in its New York City office.

The hires reinforce the company’s established expertise in evaluating cases in areas of practice where demand for funding is high. Intellectual property claimants have long sought support from Bentham due to the high cost of pursuing such cases and the protracted time they can take to resolve. The rapid rise in trade secrets litigation brought about by the passage of the Defend Trade Secrets Act, combined with a strong job market spurring trade secret theft, has prompted increased demand specific to trade secrets funding. Ms. Southwick meets the needs of parties bringing those disputes in several ways. In her sixteen plus years as a litigator, she has won numerous verdicts and dispositive motions and secured favorable settlement outcomes for her clients. And she has worked with the types of companies most commonly bringing trade secret claims—start-ups, tech companies and manufacturers. She also has represented VCs, real estate developers, family offices, directors and officers and professional partnerships. Her experience also extends to litigating business torts, contract disputes, founder disputes, and employment matters.

“Adding a well-respected expert in trade secrets such as Stephanie Southwick sets Bentham apart,” said Allison Chock, Bentham’s US Chief Investment Officer. “We enhanced our IP funding strengths earlier this year when we hired Kirkland & Ellis LLP partner Sarah Tsou to oversee our US patent funding. Ms. Southwick’s arrival broadens our capabilities such that we can now serve as a one-stop shop for all types of IP funding.” 

Arbitration disputes give rise to similar issues that prompt the need for funding. With 14 offices around the world and leading international arbitration practitioners including Dana MacGrath (former Sidley Austin LLP partner and current ArbitralWomen President) on its team, Bentham has the capacity—and the capital strength—to provide solutions for international arbitrations arising across the globe. Nilufar’s experience representing US and foreign clients in cross-border litigations, investigations and arbitrations concerning energy, oil & gas, mining and natural resources, pharmaceuticals, technology, and construction disputes adds to the expertise Bentham brings to bear in vetting such disputes.

The hires also help Bentham mirror the legal department and executive teams of the companies it funds. “Gender and ethnic diversity haven’t driven our hiring strategy, but they are factors we consider as we strive to be the trusted resource that companies around the world can look to for strategic financing solutions,” said Allison Chock. The company’s eleven-person senior investment management team in the US, which is comprised solely of lawyers in business-generating roles comparable to equity partner roles at law firms, now has more women than men—a rarity in the fields of law and finance.

The team’s newest hires are highly qualified in their respective fields and have demonstrated a commitment to service throughout their careers. Stephanie served as Arts Commissioner for the City of San Jose and a member of the Board of Trustees for the Silicon Valley Ballet (Ballet San Jose), where she has previously served as pro bono legal counsel. She earned her JD, with honors, from The George Washington University Law School where she was a member of the George Washington International Law Review. She studied International Human Rights Law at The University of Oxford and The George Washington University, and she earned her BA in International Political Economy from the University of Washington.

Nilufar previously served on the board of directors for The Synergos Institute, a non-profit engaged in international public-private partnership projects. She received her JD from New York University School of Law, her MA from Middlebury College and her BA from Harvard University, where she graduated magna cum laude.

ABOUT BENTHAM IMF

Bentham IMF is the US arm of publicly listed IMF Bentham Limited (ASX: IMF), one of the most successful litigation funding companies in the world, and one of only two Chambers and Partners “Band One” litigation funding companies in the US, with a portfolio that has a total claim’s estimated recoverable amount of $5.6 billion AUD. Together, our companies have 14 offices throughout the US, UK, Australia, Canada and Asia and provide funding to clients in jurisdictions including the US, UK, Europe, Australia, Canada, New Zealand, Hong Kong and Singapore. We have reviewed thousands of commercial cases in the past 18 years, funding to completion 192 cases and generating $2.4 billion AUD in recoveries. We have achieved an 89% success rate, with clients utilizing our funding retaining an average of 63% of all case proceeds.

For further information regarding Bentham IMF and its activities, please visit www.benthamimf.com.

DISCLAIMER

Nothing herein should be construed as an offer to buy or sell, nor a solicitation of an offer to buy or sell, any security or other financial instrument, or to invest assets in any account managed or advised by Bentham IMF or its affiliates.

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Pegasus Legal Capital Completes $74 Million Securitization to Fuel Growth

Pegasus Legal Capital, LLC ("Pegasus") (mylawfunds.com), a prominent pre-settlement legal funding company in the United States, announced today that it has successfully completed a $74 million litigation finance securitization. This achievement marks Pegasus' second securitization transaction in the asset class and another significant milestone in its capital market journey. The proceeds from this transaction will further propel Pegasus' growth across key markets in the United States.

Pegasus Managing Director, Alexander Khanas, expressed, "With the successful completion of this transaction, Pegasus will expand its business in the personal injury market while upholding its industry-leading service standards."

GreensLedge Capital Markets LLC played the role of Placement Agent for Pegasus. GreensLedge Senior Managing Director, Douglas Lipton, added, "We are delighted to continue expanding Pegasus' investor base through their second securitization issuance and assisting them in creatively developing their platform."

Headquartered in Deerfield Beach, Florida, Pegasus was founded in 2008 as a pre-settlement litigation finance company. Since its inception, the company's management team has successfully sourced, underwritten, and serviced over half a billion dollars through more than 30,000 advances. While Pegasus has traditionally focused on the New York market, it has established a strong presence in the Southeast and Texas markets as well.

Pegasus is a proud member of the American Legal Finance Association (ALFA), a national organization comprising companies that provide non-recourse funds to personal injury victims. ALFA's primary objective is to establish industry standards for transparency in legal funding transactions, ensuring upfront and clear disclosure to consumers.

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New Burford Capital Research Reveals How Businesses are Preparing for Likely Rise in Global Energy Transition Disputes

By Harry Moran |

Burford Capital, the leading global finance and asset management firm focused on law, today releases new research entitled “Energy transition disputes: GCs and senior lawyers on the business impacts of legal challenges to come,” which demonstrates how businesses are preparing for a likely rise in legal disputes related to the global energy transition. This transition―or the shift to renewable sources of energy―is likely to cause an increase in expensive commercial disputes.

Businesses are investing significant sums in this transition, and corporate commitments highlight the scale of economic engagement as they invest in the new technologies, infrastructure and other resources that will be needed. But multifaceted legal and commercial pressures present businesses with a myriad of potential challenges including contractual disagreements, regulatory compliance issues and the need for intellectual property enforcement or litigation. Burford’s research report aims to offer a unique perspective on how corporations foresee the expected rise in litigation and arbitration related to this energy transition, examining the areas of business impact related to this evolving landscape.

Burford commissioned this independent research by capturing insights from 300 GCs and heads of litigation across key industries impacted by the energy transition and spanning North America, Europe, Asia and Australia.

Key findings from the study include:

Disputes relating to the energy transition are rising

·       76% of GCs report they are already encountering disputes related to the energy transition and nearly half (47%) expect a further rise in the volume of such disputes in the next decade, driven by evolving laws, new technologies and infrastructure requirements.

Disputes relating to the energy transition are expected to be costly

·       Almost two in three GCs (63%) expect legal fees and expenses to exceed $4 million per energy transition case; a notable minority (29%) expect per case costs to exceed $10 million.

·       Over half (52%) view high costs as a significant factor in deciding not to pursue disputes.

·       Half (50%) of GCs agree that the energy transition will create the need for additional capital sources for the business.

Expected disputes span all types of business conflict

·       GCs are most likely to predict (77%) that the energy transition will result in more contractual disputes and commercial arbitration.

·       Joint ventures are expected to be particularly prone to disputes over profit allocation (76%) and intellectual property rights (65%).

·       Over half of GCs (57%) also expect their businesses to face arbitrations to resolve investor-state conflicts relating to the transition.

New tools are needed to manage the rising dispute costs

·       Legal finance is increasingly used to mitigate the financial burden of these disputes; three in four (75%) GCs have used or would consider using legal finance to offset the cost of disputes relating to this transition.

·       In particular, GCs value monetization―or advancing some of the expected entitlement of a pending claim, judgment or award― to generate liquidity from claims tied up in litigation and arbitration. With legal finance, companies can also offset the cost of pursuing affirmative litigation to generate liquidity, shifting legal departments from cost centers to value drivers.

Christopher Bogart, CEO of Burford Capital, said: “Businesses face significant challenges related to the global energy transition due to cross-border projects, differing legal frameworks and rapidly evolving policies. Additionally, long-term energy contracts may not keep pace with energy markets and technologies, resulting in conflicts among stakeholders. Burford’s latest research demonstrates the value of corporate finance for law, as legal finance helps companies manage the high costs of energy transition disputes and allows them to pursue meritorious claims without depleting resources.”

Burford’s research is based on a 2024 survey conducted by GLG and is supplemented by interviews with ten global energy transition experts conducted by Ari Kaplan Advisors.

The research report can be downloaded on Burford’s website.

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Hannah Sadler Joins GLS Capital Patent Investment Team

By Harry Moran |

Hannah Sadler has joined the firm as a vice president and member of the patent investment team.

“We are very happy to welcome Hannah to GLS Capital as a vice president and member of our team focusing on patent investments,” said Adam Gill, a GLS Capital managing director, co-founder, and leader of the firm’s patent-related investing. “Attracting top-tier talent is essential for continuing to help our clients achieve success, and Hannah’s background in patent litigation will be invaluable for navigating the complexities of patent investments and helping to drive our mission forward.”

Sadler focuses on diligence around qualified underwriting opportunities and monitoring and managing the firm’s patent litigation investments.

Before joining GLS Capital, Sadler was a patent litigator at Global IP Law Group in Chicago. She has over a decade of experience with all aspects of patent portfolio management and enforcement, including prosecution, litigation, sales, licensing, and portfolio valuation.

Sadler earned her J.D. (cum laude) from DePaul University College of Law and her Bachelor of Arts from the University of San Diego.

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