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Burford Capital Expands European Footprint

By John Freund |

Burford Capital, the leading global finance and asset management firm focused on law, today announces that it has expanded its European footprint while also continuing to add leading legal talent to its global operation. Expanded client demand for offerings such as corporate monetization and law firm portfolio financing, combined with a greater desire and need for legal finance in Europe due to legislative changes related to collective redress, have resulted in Burford’s continued growth. In Europe, Burford now has an on-the-ground presence in London, Frankfurt, Zug, Paris, Rome and Stockholm.

Changes to Burford’s European operation include:

  • Burford veterans Michael Redman and Daniel Hall now serve as co-heads of EMEA: Mr. Redman leads Burford’s London office, and as previously announced, Mr. Hall leads Burford’s new office in Dubai.
  • Philipp Leibfried has taken on the role of Head of Europe and will continue to implement Burford’s European growth strategy, actively engaging with law firms and companies across continental Europe.
  • Swiss-based Dr. Jörn Eschment has been promoted to Director and will continue to lead Burford’s business in the DACH region of Germany, Austria, Switzerland and Liechtenstein.
  • Dr. Luca Weskott has joined Burford as a Vice President based in Frankfurt, Germany, and will originate and manage investments in the DACH region. He joins Burford from leading German law firm Hengeler Mueller’s Dispute Resolution practice.

Christopher Bogart, CEO of Burford Capital, said: “As the global industry leader, Burford is constantly evolving to meet our clients’ needs. We continue to add the best and brightest talent company-wide, because that’s the basis not only for growth but for developing strong and lasting client relationships. And I’m especially pleased that as we hire new global talent, we’re also promoting our existing talent into leadership positions.”

Philipp Leibfried, Burford Capital’s Head of Europe, said: “While Burford has always had a significant presence in both the UK and in Europe, with 47 staff now in London, we are also dedicating additional resources to Europe to match growing demand on the continent. From the UK to the DACH region, France, Italy, Sweden and more, we are committed to serving our clients. We look forward to meeting demand from European law firms in areas such as collective redress, securities claims and competition-related litigation, in addition to more award and judgment monetization work with our corporate clients.”

The composition of Burford’s global team as of May 11, 2023 of more than 150 employees – and more than 60 of whom are lawyers – reflects its category leadership as well as its commitment to diversity, equity and inclusion, as half of Burford’s team are women, racial minorities or self-identify as LGBTQ+.

Since its last hiring announcement in November 2021, Burford has expanded its industry-leading global team, including the following senior employees:

Experienced leaders join as Treasurer and Chief Compliance Officer

  • Juan Jimenez, CFA, is Treasurer, based in New York, with responsibility for overseeing all activities and risks related to liquidity and cash management, funding, currency and interest rates, as well as managing relationships with rating agencies. Mr. Jimenez most recently worked as Director of Corporate Treasury at Colgate-Palmolive.
  • Monika Singh, IACCP®, is Chief Compliance Officer, based in Chicago, responsible for overseeing and managing Burford’s compliance with all applicable regulatory, internal policy and procedural requirements. Ms. Singh has over a decade of experience in compliance management. Prior to joining Burford, Ms. Singh was Chief Compliance Officer at 50 South Capital Advisors.

Additional growth of Burford’s industry-leading investment team

  • Christopher Dore is a Director in Chicago with responsibility for overseeing Burford’s underwriting of and investment activity in nationwide consolidated litigation and other complex commercial matters. Mr. Dore was previously Partner-in-Charge of case development, investigations and client acquisition at Edelson PC.
  • Charles Griffin is a Vice President in New York responsible for evaluating and executing new investment opportunities and overseeing investments in Burford’s portfolio. Prior to joining Burford, Mr. Griffin was a litigator at Wachtell, Lipton, Rosen & Katz.
  • Victoria Fox is a Vice President in London focused on commercial litigation, asset recovery and enforcement. Prior to joining Burford, Ms. Fox was a litigator at Stephenson Harwood.
  • Charlie Rooke is a Vice President in London with a focus on complex commercial and competition litigation matters in the UK and Europe. Mr. Rooke was previously a Senior Counsel at the Royal Bank of Canada.

Business origination team adds top industry experts

  • Patrick Dempsey is a Director in New York responsible for originating new business with US law firms and companies. Mr. Dempsey was previously the US Chief Investment Officer and a Board Member at Therium Capital Management.
  • Jonathan Owen is a Vice President in California with responsibility for originating new business with US law firms and companies. Prior to joining Burford, Mr. Owen was a Funding Director at Law Finance Group.

Top global legal talent joins the business

  • Shreya Gulati is Corporate Counsel in New York with a focus on Burford’s investments in the U.S. Prior to joining Burford, Ms. Gulati was an Associate at Weil, Gotshal & Manges.
  • Richard Lee is Corporate Counsel in London with responsibility for overseeing Burford’s investments in the UK, EMEA and Asia. Prior to joining Burford, Mr. Lee was a Managing Associate at Linklaters.
  • Anastasiya Lisovskaya is Corporate Counsel in New York responsible for the legal processes around Burford’s reporting obligations and compliance with securities laws. Ms. Lisovskaya was previously a Senior Corporate Associate at Paul, Weiss, Rifkind, Wharton & Garrison.
  • Richard McGarry is Counsel in London with responsibility for leading Burford’s compliance program in the UK, Europe and Asia-Pacific. Mr. McGarry was previously a Managing Associate in Addleshaw Goddard’s Global Investigations team.

About Burford Capital

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

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

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John Freund

John Freund

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Announcements Commercial People Moves

ALFA Welcomes Mackay Chapman as Newest Associate Member

By Harry Moran |

In a post on LinkedIn, The Association of Litigation Funders of Australia (ALFA) announced that it is welcoming Mackay Chapman as its newest Associate Member. Mackay Chapman becomes the 12th Associate Member of ALFA, following the inclusion of Litica in April of this year.

Mackay Chapman is a boutique legal and advisory firm, specialising in high-stakes regulatory, financial services and insolvency disputes. The Melbourne-based law firm was founded in 2016 by Dan Maclay and Michael Chapman, who bring 25 years of experience in complex disputes to the business.More information about Mackay Chapman can be found on its website.

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Announcements Commercial Fundraising

CASL Targets Australian Investors in Launch of New $150M Litigation Fund

By Harry Moran |

Leading Australian litigation funder CASL today launched a $150 million fund giving local investors the opportunity to participate in funding of selected new class actions including product liability and other mass consumer claims, commercial litigation and insolvency claims. 

CASL Fund 2 is expected to appeal to Australian sophisticated investors seeking exposure to a truly alternative asset class with attractive risk-adjusted returns and a capital-protected option. The fund is well suited to high-net worth individuals, family offices and foundations seeking to diversify into uncorrelated ESG assets. 

Co-founded in 2020 by two of Australia’s most experienced litigation funders, John Walker and Stuart Price, CASL has quickly established a reputation as an astute backer of legal claims in the competitive Australian market. The two completed actions filed with the backing of CASL’s inaugural $156 million fund since 2022 have returned 165% to investors; another 11 actions are in progress. 

Considered a pioneer of litigation funding in Australia, CASL Executive Chair John Walker co-founded IMF Bentham, now Omni Bridgeway, in 1998 while CASL CEO Mr Price was CEO of Litigation Lending Services for six years prior to co-founding CASL. 

Mr Price said litigation funding had an important role to play in levelling the legal playing field for victims of corporate or government misconduct, and investors were important partners in this process. 

“In global terms Australia is a receptive jurisdiction for the filing of group claims and funded actions but there is increasingly a premium on funders with proven expertise in sourcing and qualifying claims, and managing them to a successful resolution,” Mr Price said. 

“CASL brings that – our team has a proven record for deploying funds efficiently in support of worthy claims and generating strong financial outcomes for both claimants and investors. 

“We see a healthy pipeline of potential new actions in Australia with good prospects and considerable upside for investors willing to fund them. This fund will be a rare opportunity for investors to participate in a purely domestic litigation funding play backed by an experienced local team with a proven record for generating returns for investors. Early indications are we have $30 million in investor pre-commitments so there is clearly an appetite for litigation funding as an alternative asset class.” 

The combined success rate of 183 funded claims involving Mr Walker or Mr Price since 1996 is 92%. These cases have delivered settlement proceeds of $2.6 billion with an average duration of two and half years. 

The launch of CASL Fund 2 comes amid a changing landscape for class actions in Australia, with consumer actions overtaking securities actions as the leading type of funded claim, reflecting the development of effective legislation to hold large corporates to account. 

An innovative feature of the CASL Fund 2 offer is the ability of investors to elect a capital-protected allocation option with a discounted target return.

Key features of the offer include:

 CASL Fund 2: Up to $150m, Class A and Class B Units
 Class AClass B
Capital protectionYesNo
Fund term5 years
(2 years investment, 3 years harvest)
Hurdle rate per annum10%12%
Performance fee (after hurdle, fees and costs)40%25%
Management fee (% of capital commitment) per annum2%2%

Funds raised will be deployed only into new actions, with all existing funded matters funded by CASL Fund 1. No distinction will be made between Class A and B funds for the purposes of funding actions. 

An estimated $200m to $300m is deployed by litigation funders supporting legal claims in Australia, excluding law firms’ funding of actions from their own balance sheets. The most active sources of funding for Australian actions are based offshore and include hedge funds and specialist asset managers, many domiciled in tax-friendly jurisdictions such as the Cayman Islands and Channels Islands, attracted to Australia’s relatively receptive environment for group claims. 

CASL’s Fund 2 will be an Australian-domiciled unit trust. Bell Potter is lead manager for the CASL Fund 2 capital raise. 

Mr Price said: “Agility and responsiveness are important in selecting claims and bringing litigation – being based locally, CASL has the advantage of being able to move and make decisions quickly when required.” 

To coincide with the fundraise CASL announced that Ian Stone, former Group Managing Director and CEO of RAA, would join the Board of CASL’s Trustee entity CASL Funder Pty Limited. Tania Sulan, former Managing Director and Chief Investment Officer - Australia for Omni Bridgeway will also join the CASL Investment Committee. Visit www.casl.com.au for more information about CASL Fund 2.

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Announcements Commercial Deals

Almaden Announces Litigation Financing of up to $9.5 million

By Harry Moran |

Almaden Minerals Ltd. (“Almaden” or “the Company”; TSX: AMM; OTCQB: AAUAF) is pleased to announce that further to its press release of June 17, 2024, it has confirmed non-recourse litigation funding in the amount of up to US$9.5 million to pursue its international arbitration proceedings against the United Mexican States (“Mexico”) under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”). The Company has also agreed with Almadex Minerals Ltd. (“Almadex”) to an extension to the maturity of its gold loan, and a litigation management agreement to help streamline corporate management of the arbitration process.

  • Non-recourse funding secured to pursue international arbitration proceedings against Mexico;
  • Globally leading counterparty validates quality of legal claims;
  • Gold loan maturity pushed out from March 31, 2026 to March 31, 2030;
  • Litigation Management Agreement streamlines corporate management of the arbitration proceedings to save money and time.

Litigation Financing

The Company has signed a litigation funding agreement (“LFA”) with a leading legal finance provider. The facility is available for immediate draw down for Almaden to pursue damages against Mexico under the CPTPP resulting from Mexico’s actions which blocked the development of the Ixtaca project and ultimately retroactively terminated the Company’s mineral concessions, causing the loss of the Company’s investments in Mexico.

The LFA provides funding which is expected to cover all legal, tribunal and external expert costs of the legal claims, as well as some corporate operating expenses as may be required. The funding is repayable in the event that a damages award is recovered from Mexico, with such repayment being a contingent entitlement to those damages.

The financing follows extensive due diligence by the finance provider. The financing size as well as the quality of the provider is testament to the strength of the Company’s legal claims against Mexico.

Gold Loan Amendment

The Company is also pleased to report that it has agreed with Almadex to extend the maturity of the gold loan (see press release of May 14, 2019) from March 31, 2026 to the earlier of March 31, 2030 or the receipt by Almaden or its subsidiary of any amount relating to its legal claims against Mexico.

In return for this amendment, in addition to its obligation to repay the gold loan, the Company has agreed to pay Almadex 2.0% of the gross amount of any damages award that Almaden may receive as a result of the legal claims, such repayment to be subordinate to amounts due under the LFA, and any additional legal and management fees.

Litigation Management Agreement

Finally, the Company has agreed with Almadex and its Mexican subsidiary to streamline the management of the arbitration proceedings by entering into a Litigation Management Agreement (“LMA”). Under the LMA, Almaden will bear the up-front costs of the arbitration and provide overall direction to the arbitration process for itself and its subsidiaries, as well as Almadex and its subsidiaries, with certain limitations. Almadex will remain a party to the arbitration and continue in its cooperation and support of the process. As noted above, Almaden has already secured litigation funding in the amount anticipated to be needed to fully prosecute the arbitration proceedings.

Should the arbitration proceedings result in an award of damages, the pro rata portion of those damages, if any, which may be attributable to Almadex from the 2.0% NSR royalty it held on the Ixtaca project will be determined. Almadex’s award will consist of this pro rata portion, less its pro rata share of the costs of pursuing the legal claims, including the financing costs (the “Almadex Award”). Almadex will compensate Almaden in the amount of 10% of the Almadex Award in exchange for managing the claim proceedings.

Safe Harbor Statement

Certain of the statements and information in this news release constitute “forward-looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995 and “forward-looking information” within the meaning of applicable Canadian provincial securities laws. All statements, other than statements of historical fact, are forward-looking statements or information. Forward-looking statements or information in this news release relate to, among other things, the total potential cost of the legal claims and the sufficiency of the money available under the LFA to cover these costs, the ability of the LMA to streamline corporate management of the legal claims, and the result and damages arising from the Company’s request for arbitration.

These forward-looking statements and information reflect the Company’s current views with respect to future events and are necessarily based upon a number of assumptions that, while considered reasonable by the Company, are inherently subject to significant legal, regulatory, business, operational and economic uncertainties and contingencies, and such uncertainty generally increases with longer-term forecasts and outlook. These assumptions include: stability and predictability in Mexico’s response to the arbitration process under the CPTPP; stability and predictability in the application of the CPTPP and arbitral decisions thereon; the ability to continue to finance the arbitration process, and continued respect for the rule of law in Mexico. The foregoing list of assumptions is not exhaustive.

The Company cautions the reader that forward-looking statements and information involve known and unknown risks, uncertainties and other factors that may cause actual results and developments to differ materially from those expressed or implied by such forward-looking statements or information contained in this news release. Such risks and other factors include, among others, risks related to: the application of the CPTPP and arbitral decisions thereon; continued respect for the rule of law in Mexico; political risk in Mexico; crime and violence in Mexico; corruption in Mexico; uncertainty as to the outcome of arbitration; as well as those factors discussed the section entitled "Risk Factors" in Almaden's Annual Information Form and Almaden's latest Form 20-F on file with the United States Securities and Exchange Commission in Washington, D.C. Although the Company has attempted to identify important factors that could affect the Company and may cause actual actions, events or results to differ materially from those described in forward-looking statements or information, there may be other factors that cause actions, events or results not to be as anticipated, estimated or intended. There can be no assurance that our forward-looking statements or information will prove to be accurate. Accordingly, readers should not place undue reliance on forward-looking statements or information. Except as required by law, the Company does not assume any obligation to release publicly any revisions to on forward-looking statements or information contained in this news release to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

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