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Litigation Funding in the UAE: WinJustice Leading the Way

By Obaid Saeed Bin Mes’har |

The following was contributed by Obaid Saeed Bin Mes’har, Managing Director of WinJustice.

WinJustice is the first litigation funding firm in the UAE, empowering businesses and individuals to access justice without financial strain. The UAE’s unique legal landscape, divided into onshore and offshore jurisdictions, offers a dynamic environment for litigation funding. As a trailblazer in this space, WinJustice is committed to making justice accessible and affordable for all.


Understanding the UAE’s Legal Landscape

Onshore Jurisdictions

In the UAE’s onshore courts, the legal framework is based on federal laws and elements of Sharia law. While there are no explicit rules prohibiting litigation funding, the absence of clear regulations requires careful navigation. Key considerations include:

  • Principles of Good Faith: Parties must ensure that funding agreements align with the core principles of UAE law and avoid speculative transactions (Gharar).
  • Sharia Compliance: Agreements must balance financial interests with the broader public good (Maslaha), enabling parties to pursue valid claims ethically.

Offshore Jurisdictions

Offshore jurisdictions, including the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM), offer a more structured environment for litigation funding. These jurisdictions follow common law principles and have implemented specific guidelines:

  • DIFC Practice Direction No. 2 of 2017: Requires disclosure of funding agreements to promote transparency and grants courts the authority to impose cost orders on funders.
  • ADGM Funding Rules 2019: Ensures that funded parties receive independent legal advice and fosters ethical practices in third-party funding.

WinJustice operates across both onshore and offshore jurisdictions, leveraging its expertise to guide clients through the complexities of litigation funding in the UAE.


How Litigation Funding Benefits UAE Businesses

Litigation funding provides a lifeline for businesses facing high-stakes legal disputes, particularly in sectors like construction, real estate, and finance. Key benefits include:

  1. Access to Justice: Enables businesses to pursue claims without worrying about upfront legal costs.
  2. Risk Mitigation: Shifts the financial burden to the funder, allowing clients to focus on their core operations.
  3. Leveling the Playing Field: Empowers smaller businesses to compete with larger opponents in complex disputes.

The Role of Arbitration in Litigation Funding

Arbitration is a preferred dispute resolution method in the UAE, governed by the Federal Arbitration Law No. 6 of 2018 and updated regulations in the DIFC and ADGM. Notably:

  • Both DIAC Arbitration Rules 2022 and arbitrateAD guidelines emphasize transparency by requiring disclosure of third-party funding agreements.
  • Arbitration proceedings offer a flexible and confidential framework, making them ideal for cases involving third-party funding.

WinJustice specializes in funding arbitration cases, ensuring our clients have the financial support needed to achieve favorable outcomes.


Why WinJustice is the Right Choice

As the pioneer in UAE litigation funding, WinJustice offers:

  • Expert Guidance: Decades of combined experience in navigating UAE’s legal systems.
  • Custom Solutions: Tailored funding arrangements to meet the unique needs of each client.
  • Ethical Standards: Commitment to transparency, fairness, and compliance with UAE regulations.

Whether you are pursuing a commercial dispute, arbitration claim, or high-value litigation, WinJustice provides the financial resources and expertise to secure justice.


Conclusion

Litigation funding is transforming the UAE’s legal landscape, and WinJustice is proud to lead this change. By bridging the gap between justice and affordability, we are enabling businesses and individuals to take control of their legal challenges with confidence.

Visit WinJustice to learn more.

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

By John Freund |

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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Omni Bridgeway Releases Investment Portfolio Report at 30 September 2024

By John Freund |

Omni Bridgeway Limited (ASX: OBL) (Omni Bridgeway, OBL, Group) announces the key investment performance metrics for the three months ended 30 September 2024 (1Q25, Quarter). 

Summary 

  • Investment proceeds of A$105.8 million in 1Q25; A$14.2 million provisionally attributable to OBL1, excluding management and performance fees. 
  • Performance fees of A$9.7 million received during the Quarter2
  • Management, transaction and equivalent fees of A$5.9 million during the Quarter. 
  • 15 full and partial completions in the Quarter, delivered an overall multiple on invested capital (MOIC) of 2.7x. 
  • 7 full completions during the quarter had a combined fair value conversion ratio of 97%3
  • A$129 million in new fair value added from A$138 million of new commitments. 
  • Strong pipeline, with agreed term sheets outstanding for an estimated A$198 million in new commitments, if converted. 
  • Transaction fees have successfully been included in nearly all new commitments made in FY25 and/or negotiated in new term sheets. 
  • OBL cash and receivables of A$114 million at 30 September 2024. 
  • A$0.8 billion of fair value in potential completions over the next 12 months. 
  • Good progress in relation to the strategic focus areas of cost optimisation and secondary market transactions. 

Key metrics and developments for the Quarter 

Income and completions 

  • During the Quarter, five full completions and seven partial completions were recognised, and two full completions and one partial completion were recorded as income yet to be recognised (IYTBR), resulting in proceeds of A$105.8 million for the quarter, with A$14.2 million provisionally attributable to OBL (excluding management and performance fees1). 
  • The overall MOIC on these 15 full and partial completions during the quarter (incl. IYTBR) was 2.7x.
  • The seven full completions during the Quarter (incl. as IYTBR) had a combined fair value conversion ratio of 97%.3 The fair value conversion ratio for all 31 fully completed investments (excl. as IYTBR) since transitioning to fair value per 31 December 2023 is 111%. 

New Commitments

  • As per the date of this report, new commitments of A$138 million were made to 10 new investments as well as to a number of investments with increased investment opportunities. This level, proportionate to the full year target, reflects the typical northern hemisphere seasonality, and is in line with prior years.
  • Total new commitments include A$28 million of potential external co-fundings for new investments originated and managed by OBL. OBL will be entitled to separately agreed management fees, transaction and performance fees on such external co-funding.
  • The fair value associated with these new commitments is A$129 million.
  • Strong pipeline of 34 agreed exclusive term sheets, representing approximately A$198 million in investment opportunities.
  • Transaction fees have been successfully included in the majority of new commitments made and term sheets signed in FY25. Transaction fees have typically been structured as a combination of an upfront fee and an annual recurring fee at or exceeding on average 2.5% of the investment commitment (in total over the life of the investment). 

Portfolio review

  • As at 30 September 2024, A$0.8 billion of fair value is assessed to potentially complete in the 12 months until 30 September 2025 (12 Month Fair Value). The 12 Month Fair Value is the proportionate part of our total book fair value, which has expected cash inflows over the applicable 12 month period based on the underlying probability weighted net cash flows fair value models. All, part or none of these investment inflows may eventuate during the 12-month period.

Corporate 

As announced during the full year results presentation on 29 August 2024, the current strategic focus is on cost optimisation, and fair value validation through completions and secondary market transactions. 

Secondary market discussions on multiple assets are progressing well. A status update will be provided at the semi-annual results presentation or through specific prior ASX announcements.

The AGM of the Company will be held in Sydney, on 19 November 2024, and will be in person only. For more information, visit https://omnibridgeway.com/investors/annual-generalmeeting.

Cash reporting and financial position

At 30 September 2024, the Group held A$113.6 million in cash and receivables (A$71.2 million in OBL balance sheet cash, A$1.0 million in OBL balance sheet receivables and A$41.4 million of OBL share of cash and receivables within Funds).

In aggregate, at 30 September 2024 OBL had approximately A$114 million to meet operational needs, interest payments, and fund investments before receiving any proceeds from investment completions, secondary market sales, management and transaction fees, and associated fund performance fees.

Footnotes

  1. Represents indicative cashflows (excluding management and performance fees) from the Funds to OBL in connection with the investment completions. It represents the aggregate estimate of the cash distributed and yet to be distributed under the various distribution waterfalls of the Funds assuming investment proceeds are gross cash proceeds. The Fund’s capital status and waterfalls operate on a cash collection and distribution basis and do not align with the accounting treatment. Accordingly, the income and NCI attribution disclosed in the Group Consolidated Financial Statements will not necessarily match this.
  2. Performance fees received are subject to clawback arrangements, to ensure that performance fees ultimately reflect actual fund returns and applicable hurdles. As a result, accrual of performance fees for accounting purposes will generally occur in a later period to the cash receipt.
  3. The fair value conversion ratio indicates the ratio of cash proceeds and deployments in connection with completed investments, discounted back to the date of the last reported portfolio fair value (30 June 2024 currently), compared to the reported fair value of such completed investments as at that prior reporting date.
  4. All metrics presented are on a full investment basis, excluding the impact of co-investments or partial secondary sales. This reflects a change in methodology from market disclosures prior to FY25, and better reflects the performance of the investments originated, underwritten and managed by the Group.
  5. Full life to date metrics include any partial completions in prior periods for the investments involved.
  6. Relates to full completions recognised and yet to be recognised during the Quarter.
  7. IYTBR reflects the status as per 30 September 2024. If a matter was originally reported as IYTBR for a period and has been recognised as revenue in a later quarter, it is no longer reported in this table as IYTBR in the initial period.
  8. Includes Funds 2&3, Fund 4, Fund 6, and Fund 8 and represents OBL’s portion of each respective Fund.
  9. Includes Fund 5, which is not consolidated within the Group Consolidated Financial Statements, and represents OBL’s 20% interest.
  10. Includes Funds 2&3, Fund 4, Fund 6, and Fund 8 and represents the external investors’ portion of each respective Fund. 

Further information

Further information on terms used in this announcement is available in our Glossary and Notes:

https://omnibridgeway.com/investors/omni-bridgeway-glossary (Glossary)

https://omnibridgeway.com/docs/default-source/investors/general/omni-bridgeway-notes-toquarterly (Notes)

The Glossary and Notes contain important information, including definitions of key concepts, and should be read in conjunction with this announcement.

The investments of Funds 2&3, Fund 4 and Fund 6 are consolidated within the Group Consolidated Financial Statements, along with the interest of the respective external fund investors.

The investments of Fund 8 are consolidated within the Group Consolidated Financial Statements. Fund 1 was deconsolidated on 31 May 2023; its metrics, effective from this date, are not disclosed in this document. The Fund 4 IP portfolio was deconsolidated on 8 December 2023 following the sale of a 25% interest in these investments.

Fund 1 and Fund 5 are not consolidated within the Group Consolidated Financial Statements; the residual interest in Fund 1 and in the Fund 4 IP portfolio are recognised as an investment in associate, Fund 5 is brought in at the Group’s attributable 20% share of income, assets, and liabilities. Throughout this document, Fund 5 is presented at 100% values (except where otherwise stated) for consistency of presentation across OBL’s funds.

Commitments include conditional, and investment committee approved investments. This report includes a number of concepts, such as fair value and income yet to be recognised, which are classified as a non-IFRS financial measure under ASIC Regulatory Guide 230 “Disclosing non-IFRS financial information”. Management believes that these measures are useful for investors to understand the operations and financial condition of the group. Unless expressly stated, this non-IFRS financial information has not been subject to audit or review by BDO in accordance with IFRS.

The figures presented in this document are based on preliminary data and have not been audited. While every effort has been made to ensure the accuracy of the information, these figures are subject to change and should not be considered final. 

This announcement is authorised for release to the market by the Disclosure Committee.

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Facilitating Cross-Border Dispute Resolution and Promoting TPF Industry Development — “International Conference on the Third-Party Funding Industry” Successfully Concluded in Beijing

By John Freund |

On the afternoon of September 25, the “International Conference on the Third-Party Funding Industry” was successfully held in Beijingi. The Conference was hosted by the Beijing International Dispute Resolution Center (BIDRC), organized by Houzhu Capital, and co-organized by Dingsong Legal Capital.

The conference received support from the Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC), China International Economic and Trade Arbitration Commission (CIETAC), China Maritime Arbitration Commission (CMAC), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC), and the International Chamber of Commerce (ICC). Other supporting organizations included the Chinese Society of International Law, China-Asia Economic Development Association, China-Africa Business Council, Queen Mary University of London, Burford, Omni Bridgeway, Hilco IP Merchant Banking, Nivalion, Dun & Bradstreet, Caijing, and Law Plus. The Conference attracted over 300 guests in person and more than 60,000 participants online.

Huang Jin, Chairman of the Beijing International Dispute Resolution Center and President of the Chinese Society of International Law, and Yu Jianlong, Vice President of the China Council for the Promotion of International Trade (CCPIT) and Vice President of the China Chamber of International Commerce (CCOIC), delivered opening remarks. The Conference was moderated by Jiang Lili, Commissioner and Secretary-General of BAC/BIAC.

Huang Jin first warmly welcomed and sincerely thanked all participants and supporters on behalf of BIDRC. He stated that this Conference is the first international conference hosted by BIDRC, marking a significant milestone. As the operational entity of the Beijing International Commercial Arbitration Center, BIDRC plays a crucial role in supporting the establishment of the international commercial arbitration center and leading the high-quality development of arbitration in China. He emphasized the need to understand the key trends in the development of international commercial arbitration, including humanization, modernization, internationalization, localization, integration, and digitization. He also stressed the importance of improving a robust arbitration system, cultivating world-class international arbitration institutions, and creating a top-tier business environment characterized by market orientation, rule of law, and international standards. These efforts will enhance China’s foreign-related legal system and strengthen its capacity.

Yu Jianlong highlighted in his speech that, given the profound changes in the international situation and trade patterns in recent years, enhancing corporate competitiveness and strengthening corporate compliance are crucial for promoting high-level opening-up and facilitating the high-quality international expansion of Chinese enterprises. Third-party funding is an important tool for improving companies’ ability to address overseas disputes. With the accelerated pace of Chinese companies expanding abroad and the deepening integration of the domestic legal service market with international standards, third-party funding is gradually being accepted and utilized by more Chinese enterprises and legal professionals. He expressed that this conference provides an excellent platform for the industry to explore third-party funding. He hopes participants will strengthen collaboration between academia and practice, deepen their understanding of corporate needs, and continuously learn from international best practices. He also looks forward to fostering cooperation between third-party funding institutions and enterprises.

As a leading scholar in the field of third-party funding, Professor Mulheron from Queen Mary University of London was invited to deliver a keynote speech on the state of third-party funding in England and Wales. Full speech (recording and transcript) available at Houzhu Capital’s WeChat Official Account

In her address, Professor Mulheron examined the rise and evolution of third-party funding in the region, and talked about issues surrounding self-regulation and government oversight within the industry. She provided clear explanations of typical business models in third-party funding, the fee structures for funders, potential costs borne by funders, after-the-event (ATE) insurance, and protections for funded parties. She also offered in-depth insights into cutting-edge issues and perspectives within the field. Professor Mulheron concluded with five key takeaways about third-party funding in England: First, the market is very established and sophisticated, with many funders, brokers and ATE insurers in the market now; Second, third party funding features in both English litigation and arbitration;  Third, because of the criteria which funders apply to cases under their business models, only less than 10% of all cases pitched to the funders are funded; Fourth, third-party funding must comply with industry codes of conduct, which include minimum capital requirements for funders; Finally, while England possesses considerable experience in judicial practices concerning third-party funding, there have been debates and disagreements regarding the structure of funding and the validity of funding agreements, and the legislature is taking steps to address relevant issues to further support third-party funding, as it is indeed becoming a huge global market.

During Panel I, Professor Fu Yulin from Peking University Law School served as the moderator. The panelists included Zhang Haoliang, Head of the Business Development Division (International Cases Division) of the BAC/BIAC; Wei Ziping, Director of the Oversight and Coordination Office of CIETAC; Chen Bo, Deputy Secretary-General of CMAC; Yu Zijin, Consultant of HKIAC; Zhang Cunyuan, Director of the China Region of SIAC and Chief Representative of the Shanghai Representative Office; and Huang Zhijin, Director for North Asia and Shanghai Representative Office of ICC. The discussion centered on third-party funding and arbitration rules, drawing on the practices and experiences of the respective institutions. The panelists exchanged insights on recent updates to arbitration rules concerning third-party funding, disclosure requirements, measures to prevent conflicts of interest, and relevant cases processed by their organizations. The panelists concurred that third-party funding is evolving rapidly in practice, and arbitration institutions generally adopt a relatively open stance towards its use in arbitration. They also recognize the necessity for ongoing practice to fully understand the impact of third-party funding on arbitration procedures and rules, with the aim of maintaining the independence and justice of arbitration while better serving the parties.

During Panel II, the discussion was moderated by Fei Ning, Senior Consultant of Houzhu Capital. The panelists included Quentin Pak, Director at Burford; Fu Tong, Co-founder and CEO of Houzhu Capital; Michael D. Friedman, CEO of Hilco IP Merchant Banking; Lau chee chong, Senior legal counsel of Omni Bridgeway in Singapore; Falco Kreis, Senior Investment Manager and Head of the Munich Office at Nivalion; Zhang Zhi, Founder of Dingsong Legal Capital; and Zhu Zhen, Product Sales & Solutions Director of Dun Bradstreet. The panelists discussed third-party funding practices both domestically and internationally, sharing their institutions’ experiences across various jurisdictions. They explored a range of topics, including case selection processes and criteria, monetization and funding in the field of intellectual property, the interaction between arbitration rules and funding practices, and risk management for enterprises expanding into foreign markets. They noted that the client base and demand for litigation funding are becoming increasingly diversified, prompting third-party funding institutions to expand their product and service offerings. The panelists expressed optimism regarding the development of third-party funding in China while highlighting unique challenges that the Chinese market faces compared to the international landscape.

During Panel III, the discussion was moderated by Wang Jialu, Co-founder of Houzhu Capital. The panel featured Zachary Sharpe, Head of the Global Disputes Team at Jones Day’s Singapore office; Liu Xiao, Partner of Quinn Emanuel Urquhart & Sullivan, LLP; Zhong Li, Partner of Hui Zhong Law Firm; Wang Zheng, Partner of Hongqiao Zhenghan Law Firm; Li Zhiyong, General Counsel and Chief Compliance Officer of CSCEC International; and Li Lu, Chief Compliance Officer of Essence Securities Asset Management Co., Ltd. The panelists discussed the application of third-party funding, sharing common challenges and solutions they encountered in their past practices, each informed by their specific business contexts. They addressed various issues, including how to set and manage reasonable expectations regarding case progress and outcomes, effectively handle confidentiality and privilege concerns, and navigate disclosures along with related conflicts of interest. In conclusion, the panelists agreed that third-party funding plays a unique role in promoting dispute resolution and accessing justice, especially in bridging the gap between law firms and enterprises in complex cross-border litigation and arbitration.

The successful convening of this conference has established a valuable channel for ongoing communication between domestic and international practitioners and scholars in the field of third-party funding. It has enhanced understanding and awareness of third-party funding within the domestic market and facilitated positive interactions and cooperation among third-party funding institutions, dispute resolution agencies, and relevant users. This will significantly advance the further development of third-party funding in China and make an indispensable contribution to helping Chinese enterprises effectively address cross-border disputes and achieve high-quality development.

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Moneypenny and VoiceNation Launch Intake Services to support new business drives for US legal firms

By John Freund |

Moneypenny and VoiceNation have an excellent service offering to help legal clients drive new business by responding quickly to new inquiries on their behalf.

The service means that VoiceNation’s team of professional US-based call handlers will help improve the conversion rate of new inquiries, by responding to them quickly on the phone, and qualifying them by asking a series of screening questions provided by, and tailored to, the client. As a result, legal firms’ own teams can focus on converting qualified leads, saving their teams time and effort.

VoiceNation’s highly trained professional call handlers know the importance of making a good first impression and the new Intake Service is backed by full CRM and Zapier integration.

How it Works

  • When a new completed web form arrives at a client’s CRM, this alerts VoiceNation’s OpenAnswer platform
  • OpenAnswer immediately flags to a VoiceNation agent about the lead
  • Using the completed web form details, the lead is qualified by phone, or any other required channel
  • All information requested by the client is then fed back into the client’s CRM for immediate conversion
  • The service integrates with all CRM platforms and contracts can be completed via Docusign

Eric Schurke, VP of Moneypenny and  VoiceNation said: ‘This service enables legal companies to respond to new leads before their competitors do. We’re doing the heavy lifting of sifting through new opportunities, efficiently and cost-effectively, by qualifying new leads, so in-house sales teams can then convert hot leads faster.  Our clients should see benefits of the new service really quickly, achieving faster new business growth.’ 

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Westbrooke Associates Expands into The Litigation Funding Sector

By John Freund |

Westbrooke Associates announces its expansion into the burgeoning litigation funding sector, marking a new chapter in its legacy of connecting investors with high-growth, socially impactful opportunities.

As a brokerage known for identifying innovative investment vehicles, Westbrooke Associates is now expanding into litigation funding, a niche asset class that has seen rapid growth in the UK and globally. Litigation funding provides financial backing to individuals and small businesses that would otherwise be unable to afford legal representation. This growing financial tool has proven essential in levelling the playing field in the legal system, enabling claimants to pursue justice against larger, well-funded opponents.

With rising litigation costs and increasingly complex cases, the demand for litigation funding has surged, particularly in markets such as the UK, which boasts one of the most advanced regulatory environments for this asset class. The global litigation funding market is experiencing extraordinary growth, with revenues projected to reach $43 billion by 2033, up from $17.1 billion in 2023.

As one of the most compelling alternative investment opportunities today, litigation funding offers investors a low-risk, high-return asset class that remains largely uncorrelated with traditional financial markets. This makes it an attractive option for portfolio diversification, especially during times of market volatility.

A report by Reynolds Porter Chamberlain LLP highlights that the top 15 litigation funders in the UK saw assets grow to a record £2.2 billion in 2020/21, an 11% increase from the previous year. With such exponential growth, Westbrooke Associates is poised to help investors capitalise on the robust potential of this asset class.

Westbrooke Associates’ expertise in sourcing profitable investments that align with strong ESG (Environmental, Social and Governance) standards makes this a natural step forward. The firm has already established a successful collaboration with Addlington-West Legal Limited, offering investors access to litigation funding opportunities that prioritise both financial returns and social impact.

Litigation funding not only delivers strong returns but also plays a pivotal role in supporting justice. Westbrooke’s unique investment model ensures a rigorous due diligence process, with cases thoroughly vetted to back only those with strong chances of success. Investors benefit from fixed returns—typically generated within 18 months—while also supporting businesses that face significant financial barriers due to litigation costs.

Moreover, Westbrooke Associates’ commitment to protecting investor capital is evident via the surety bond offered by Addlington-West Legal. This guarantees 100% capital protection in the event of unsuccessful claims, ensuring investor security and peace of mind. This level of risk mitigation, combined with relevant regulatory compliance, makes litigation funding a particularly attractive opportunity for Westbrooke Associates’ clients.

For investors seeking a safe, high-potential asset class, litigation funding through Westbrooke Associates represents an ideal investment opportunity. The firm’s longstanding reputation for identifying forward-thinking ventures is further bolstered by this new foray into the litigation funding space. Westbrooke Associates continues to demonstrate its ability to deliver innovative and socially responsible investment opportunities that align with the evolving needs of its investor base.

As the litigation funding market continues to grow, Westbrooke Associates is at the forefront of offering investors access to this dynamic and impactful sector. Whether you’re a seasoned investor or looking to diversify your portfolio, Westbrooke Associates ensures that every investment opportunity provides both profitability and a positive societal impact.

For more information about how to invest in litigation funding through Westbrooke Associates or to request the Investment Memorandum, please visit www.westbrookeassociates.com or call 0203 745 0294.

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FiDeAL® Announces a Strategic Partnership with Outmatch to Strengthen Litigation Finance Consulting Services and Expand Operations in France

By John Freund |

Treviso – FiDeAL®, a leader in litigation finance consulting, is pleased to announce a new strategic partnership with Outmatch, a renowned French financial boutique specializing in M&A operations and in legal disputes resolution.

This collaboration marks a significant step in further strengthening FiDeAL’s litigation finance consulting services and in expanding its operations into the French legal market, one of the main European markets for complex legal disputes.

FiDeAL and Outmatch will combine their respective expertise to provide tailored solutions to French law firms and companies, supporting them with access to innovative financial tools and optimizing their legal strategies in high-profile litigation.

This partnership represents a milestone for both companies, opening new opportunities in the French market and offering a broader range of services to companies involved in complex disputes.

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Renovus Capital Partners Announces Majority Investment in Angeion Group

By John Freund |

Renovus Capital Partners (“Renovus”), a private equity firm based in the Philadelphia area, announced today that it has acquired a majority stake in class action case management solutions provider Angeion Group, LLC (“Angeion”). Founder & Chief Executive Officer, Steven Weisbrot, and senior members of the management team have maintained a significant ownership stake in the Company and will continue to drive the growth of the platform in partnership with Renovus. Marks Baughan Securities LLC served as the exclusive financial advisor to Angeion Group in the transaction.

Angeion, which is also headquartered in Philadelphia, is the leading innovator in the class action settlement industry. As a global provider of notice and claims administration services, the company has built a technology platform that enables its legal experts to manage the largest and most complex class action settlements.

The Renovus partnership will enable Angeion to accelerate the buildout of its management, client service, and delivery teams and increase investment in its proprietary class action technology solutions. Angeion plans to grow its leadership position in the US market and continue to develop its international business through a combination of key hires, new solutions, and strategic acquisitions.

Angeion was founded in 2013 by Steve Weisbrot, Esq. and Christopher Chimicles, with a mission to modernize the class action settlements industry. With over 160 team members, the Company provides high-quality service and innovative technology solutions in settlement administration, adapting to the constantly evolving legal services ecosystem. To date, its team has managed more than 2,000 class action settlements and distributed over $10 billion to class members.

“This partnership marks a major milestone in Angeion’s growth journey,” said Weisbrot. “The investment from Renovus is a testament to the dynamic team that has propelled Angeion into the great company that it is today and that will continue to drive its growth into the future. I am extremely proud of what we have accomplished, and I am even more energized for the years ahead.”

“Angeion is one of the most differentiated and fastest growing players in class action services,” said Renovus Managing Director Lee Minkoff. “Renovus has a track record of identifying unique tech-enabled legal services companies, aligning with management on a growth thesis, and making investments to execute that thesis. This is the exact opportunity we have with Angeion, and we could not be more excited to partner with Steve and the management team.”

Marks Baughan served as exclusive financial advisor to Angeion Group.

About Angeion Group

Angeion Group stands at the forefront of settlement administration and legal noticing services. Leveraging advanced technology, proven best practices, and expert consulting, Angeion specializes in managing class actions and other types of mass litigation. Angeion’s dedication to efficiency, accountability, and excellence instills confidence in counsel and the court alike. 

About Renovus Capital PartnersFounded in 2010, Renovus Capital Partners is a lower middle-market private equity firm specializing in the Knowledge and Talent industries. From its base in the Philadelphia area, Renovus manages over $2 billion of assets across its several sector focused funds. The firm’s current portfolio includes over 30 U.S. based businesses specializing in education and workforce development and services companies in the technology, healthcare and professional services markets. Renovus typically makes control buyout investments in founder owned businesses, leveraging its industry expertise and operator network to make operational improvements, recruit top talent and pursue add-on acquisitions. Visit us at www.renovuscapital.com and follow us on LinkedIn.

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Tactical Management Announces Acquisition of Avyana Litigation Funding

By John Freund |

An investment vehicle advised by Tactical Management has successfully acquired Avyana Litigation Funding, further expanding its strategic portfolio in the legal financing sector.

Tactical Management, a globally active turnaround investor, specializes in unlocking the potential of underperforming companies, distressed real estate, and non-performing loans. The firm’s expertise lies in driving value and growth through strategic and operational support across a range of sectors and asset types.

Avyana Litigation Funding is dedicated to democratizing justice by providing financial support for complex legal disputes. As a trusted partner to minority shareholders, investors, and businesses, Avyana not only funds their fight to pursue rightful claims but also helps them monetize these claims, turning legal challenges into financial opportunities.

The acquisition aligns with Tactical Management’s strategic focus on supporting businesses with high-growth potential through innovative solutions. The acquisition of Avyana allows Tactical Management to strengthen its presence in the legal financing market, offering comprehensive services such as:

  • Shareholder Disputes: Funding legal battles over shareholder rights, corporate governance, and mismanagement.
  • Investor Claims: Supporting claims related to corporate misconduct, fraud, or breach of fiduciary duty.
  • Bankruptcy Litigation: Financing litigation to recover debts or protect interests during bankruptcy proceedings.
  • Individual or Collective Legal Actions: Providing funding for both individual and group legal actions.

Through this acquisition, Tactical Management enhances its ability to generate value for investors and stakeholders by tapping into the rapidly growing litigation funding market.

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LCM Releases Full Year Audited Results for the Year Ended 30 June 2024

By John Freund |

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

Highlights

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

Strategic Update

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

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

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

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

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Nakiki SE Files Letter of Intent for Acquisition of Casino Lawsuit Portfolio

By Harry Moran |

The Nakiki SE announces that it has signed a Letter of Intent to acquire a portfolio of so-called casino and sports betting lawsuits with a disputed value of approximately EUR 6.3 million (plus interest of at least EUR 800,000, as well as additional costs). Nakiki SE or one of its subsidiaries intends to take over an existing portfolio of lawsuits instead of pursuing individual lawsuits as announced in the ad hoc announcement of April 17, 2024. The individual lawsuits mentioned in the ad hoc announcement of April 17, 2024, will not be financed for the time being.

According to German case law from various legally binding decisions, players have a claim for reimbursement of gambling losses, as online casinos largely operated illegally until 2021. The lawsuits to be financed by Nakiki or Legal Finance are based on this legal perspective. A ruling from the German Federal Court of Justice (BGH) and the European Court of Justice (ECJ) is still pending.

In the event of the acquisition of the portfolio and a successful outcome of the litigation, Nakiki or a financing subsidiary is entitled to up to 25% of the litigation success.

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Nakiki SE: Letter of Intent regarding Covid mask litigation; value in dispute up to EUR 34 million

By Harry Moran |

Nakiki SE announces that its subsidiary Legal Finance SE has signed a Letter of Intent for the financing of a so-called corona mask lawsuit with a value in dispute of up to EUR 34 million including costs and interest.

The company that concluded a contract with the Federal Republic of Germany for the supply of Covid masks in 2020 has not been paid and is suing for payment. The case is before the Court of First Instance.

Depending on the outcome of the litigation, the letter of intent provides for a graduated participation of Nakiki SE or its subsidiary in the outcome of the litigation of 15 – 35%.

This is not the lawsuit mentioned in the ad hoc announcement of 9 May 2024, which is still under review, but a different, independent lawsuit.

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LCM – Trading Update for 2024 Financial Year 

By Harry Moran |

Litigation Capital Management Limited (AIM:LIT), an alternative asset manager specialising in dispute financing solutions internationally, is pleased to provide an update on its business for the 2024 financial year ended 30 June 2024.

We are pleased to report another successful year with eight investments concluding in the period generating realisations for LCM, inclusive of performance fees, totalling AUD$56.0m.  This is compared to LCM’s invested capital of AUD$23.8m, representing a multiple on invested capital (MOIC) of 2.4x. This performance aligns with our long-term track record of an average MOIC of 2.7x from investments concluded within the last 13 years, and underscores the successful execution of our strategy.  

Moreover, we have made a strong start to our 2025 financial year.  Shortly after the 2024 financial year end, a single case investment concluded generating realizations for LCM of at least AUD$12.5m, including performance fees, compared to LCM’s invested capital of AUD$1.5m, representing a MOIC of 8.3x. 

PeriodRealisations (AUD$m)Invested Capital (AUD$m)MOIC multiple
H128.48.83.2x
H227.615.01.8x
FY2456.023.82.4x
Post Period end12.51.58.3x

The average duration of cases concluded in FY24 was 45 months – slightly longer than our general expectation of 36-42 months, which remains unchanged.  This largely reflects the COVID related delays that we have previously communicated which impacted several of the investments that concluded in the period.  Importantly, elongated time has not adversely impacted on investment performance. 

We continue to invest in what we believe are the highest quality legal claims, collaborating with leading law firms and barristers in our respective markets.  We have seen high demand for our capital in the second half of the year and expect to report New Commitments for FY24 in excess of AUD$250m (FY23: AUD$176m). It remains our key strategic priority to continue to grow New Commitments, and thus ensure LCM achieves additional financial scale.

Our current portfolio of investments, both direct investments that are entirely funded via our own balance sheet and those in which we are co-invested alongside our managed external funds, continue to perform in line with our expectations.  

Patrick Moloney, CEO of LCM, commented: “The performance of our concluded investments in our 2024 financial year highlights the strength and effectiveness of our investment strategy. Through our rigorous investment process, we have assembled a high-quality portfolio of uncorrelated legal finance assets that are positioned to deliver attractive future aggregate investment performance. Given our access to capital, further growing New Commitments remains our key strategic priority and we are well on track. We see significant upside potential here. 

“We look forward to updating our investors on our strategic progress with our full-year results presentation on

19 September and are excited about our future opportunities.” 

Below is a brief summary of selected investments that concluded in the second half of our 2024 financial year. 

Binding Settlement reached  – Direct balance sheet Investment

A successful outcome in a dispute investment which forms part of LCMs portfolio of 100% direct investments has been achieved. The proceedings were heard in the Supreme Court of Western Australia and included two levels of appeal at which LCM’s funded party was successful at each level.  A binding settlement deed has been executed by the parties resulting in the realisation of LCM’s investment. The investment is one of four legacy disputes held at cost within our financial statements.  Details of the returns are highlighted below:

AUD$mInvestment performance
Invested capital 2.8
Investment return9.2
Total revenue12.0
MOIC4.3x

Binding Settlement reached – Direct balance sheet Investment

A further successful outcome was achieved with respect to a portfolio of insolvency claims related to the failure of an Australian listed construction company. A binding settlement deed was executed by the parties resulting in the realisation of LCM’s investment. The investment also forms part of LCMs portfolio of 100% direct investments. Details of the returns are highlighted below:

AUD$mInvestment performance
Invested capital 2.8
Investment return7.4
Total revenue10.3
MOIC3.7x

Furthermore, below is a summary of the investment that concluded shortly after our financial year end. 

Bilateral Investment Treaty – Fund I Investment

LCM funded a claim advanced in respect of a breach of a bilateral investment treaty and brought under the International Centre For Settlement of Investment Disputes (ICSID) Convention. The Tribunal issued an award in July 2023 in favour of LCM’s funded party for USD$76.7m plus interest and costs.  The Respondent sought to challenge the award, but the parties have now reached a settlement in advance of the annulment hearing. The terms of the settlement are confidential. 

The claim forms part of LCM’s managed Global Alternative Returns Fund (“Fund I”) and was funded directly from LCM’s balance sheet (25%) and Fund I investors (75%). Details of the returns are highlighted below:

AUD$mInvestment performanceLCM performance metricsFund I performance metrics
Invested capital 5.91.54.4
Investment return23.35.817.5
Total revenue29.27.321.9
MOIC on investment 5.05.05.0
Performance fee*5.2(5.2)
Gross profit23.311.012.3
MOIC inclusive of performance fees5.0x8.3x3.8x

*The investment returns are subject to change based on the prevailing FX rate and timing of distribution 

About LCM

Litigation Capital Management (LCM) is an alternative asset manager specialising in disputes financing solutions internationally, which operates two business models. The first is direct investments made from LCM’s permanent balance sheet capital and the second is third party fund management. Under those two business models, LCM currently pursues three investment strategies: Single-case funding, Portfolio funding and Acquisitions of claims. LCM generates its revenue from both its direct investments and also performance fees through asset management.

LCM has an unparalleled track record driven by disciplined project selection and robust risk management.

Currently headquartered in Sydney, with offices in London, Singapore, Brisbane and Melbourne, LCM listed on AIM in December 2018, trading under the ticker LIT.

www.lcmfinance.com

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4 Rivers and Case Legal Media Form Strategic Alliance

By Harry Moran |

4 Rivers and Case Legal Media (“CASE”) are pleased to announce a strategic alliance to collaborate to assist law firms which operate in the mass torts space with case origination and funding. 

Law firms acting for mass tort claimants are often in the position where they require external funding to provide working capital for themselves, as well as case costs and expenses, while the claims are in progress. Law firms must therefore be properly funded so that they can pursue further actions which benefit from CASE’s acquisition and intake expertise.  4 Rivers has extensive know-how and bespoke tools which can be used to secure such finance from diverse sources of capital.  

The two firms have recognised that there will be considerable value in working with each other on projects and generally from sharing intellectual capital, and contacts in the legal and funding sectors, as well as deriving further benefits from sharing support, resources, and infrastructure.

Peter Petyt, Chief Executive Officer of 4 Rivers, said: “I am delighted that 4 Rivers and Case Legal Media will be working together to help law firms to secure the right type and amount of finance to allow them to acquire meritorious cases and run the cases with sufficient resources to give them every chance of a successful outcome.”   George Young, Founder of CASE Legal Media, said: 

“CASE Legal Media is excited for the opportunity to partner with Peter and his team.  We are always looking for ways to improve our services and add value to our law firm partners, and we think the resources provided by 4 Rivers can give our clients a unique level of market intelligence to navigate the world of litigation finance.”

About 4 Rivers

4 Rivers is a legal finance advisor and brokerage which originates claims either from claimants direct or through law firms. It has relationships in place with the major third-party funders based throughout the world, as well as multi-strategy funds, family offices, private equity funds, and private credit funds.

It also advises on law firm strategy and mergers and acquisitions in the wider legal services sector.  4 Rivers also has long established relationships with lawyers and attorneys, barristers, valuation experts, forensic accountants, e-discovery vendors, investigations companies, asset tracers, costs companies and other specialists in order to assemble the right team to enable third-party funding to be secured and/or a contingency arrangement to be negotiated.

About Case Legal Media 

CASE Legal Media helps law firms procure thousands of cases in both national mass tort and local personal injury campaigns, using the power of television, radio, and digital media together to deliver low cost and high-quality case acquisition. CASE assists clients in all aspects of client acquisition, from marketing to intake to records retrieval. They are currently active in a number of case acquisition marketing campaigns for their law firm partners, including Asbestos, Camp LeJeune, Hair Relaxer, MVA, NEC, and PFAS, amongst others. CASE has a database of approximately 4,000 law firms with whom it has had a range of contacts in the past. 

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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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Nakiki SE: New Litigation Funding Agreement, Value in Dispute EUR 5 Million: Funding for Defendant

By Harry Moran |

Nakiki SE announces that Legal Finance International GmbH has concluded a litigation financing agreement with a value in dispute of up to EUR 5 million. This litigation financing agreement relates to funding for the defendant:

In selected individual cases, Legal Finance also finances the legal costs of the opposing party or defendant and, in the event of victory, receives twice the legal costs incurred as well as a staggered one-off payment as a premium. In this case, the premium can be up to EUR 785,000.

NAKIKI SE
Johnsallee 30
20148 Hamburg
Germany

Andreas Wegerich, CEO Nakiki

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