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Commercial Special Features

Funders Respond to the UK Supreme Court Judgement 

By John Freund |
Earlier this week, the UK Supreme Court handed down a long-awaited judgement that many believe will have a significant impact on the short-term future of the UK litigation funding market. The ruling in the case of R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) held that litigation funding agreements (LFAs), where the funder’s remuneration is based on a percentage of the recovered damages, should be classified as damages-based agreements (DBAs).
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Commercial Special Features

Lawyer Directed Litigation Funding Agreements And Professional Conduct Rule 5.4

By John Freund |
The following article was contributed by John Hanley, Partner at Rimon Law, and Ryan Schultz, Vice President of Business Development for Woodsford Litigation Funding. Third-party litigation funding (“TPLF”) involves financing of expenses incurred in a lawsuit (for example, expert fees and usually some portion of legal fees incurred) in exchange for a share of the final judgment or settlement. The funding is typically non-recourse (i.e., the amounts funded need not be repaid if the lawsuit is unsuccessful) and is often repaid through a financial interest in the attorneys’ fees realized by the law firm if the case is successful. These arrangements have become common in the marketplace: in 2022, $3.2 billion in capital was committed for new TPLF; 61% of that capital was deployed to law firms as opposed to clients and claimants; and 28% of the funding recipients were members of the Am Law 200.1
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Announcements Commercial Fundraising

EJF CAPITAL AND ROCADE LLC RAISE APPROXIMATELY $470 MILLION FOR CREDIT-FOCUSED LITIGATION FINANCE PLATFORM

By John Freund |

EJF Capital LLC (“EJF Capital”), a global alternative asset management firm, today announced the successful close of its fourth installment of litigation finance investment vehicles, Rocade Capital Fund IV LP and Rocade Capital Offshore Fund IV LP (the “Funds”) with approximately $220 million in investor subscriptions and commitments. Previously, EJF Capital and funds affiliated with Barings LLC, one of the world’s leading investment managers, formed a joint venture specialty finance company, Rocade LLC (“Rocade”), with $250 million of committed capital designed to invest alongside the Funds. The combined capital commitments raised across Rocade and the Funds totals approximately $470 million.

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Announcements Commercial Legal Innovation

FIGHTRIGHT Technologies Launches LawGeek, an AI Chatbot for Initial Legal Guidance, Under its “BharatKanoon” Brand

By John Freund |
FIGHTRIGHT Technologies, a startup specializing in litigation funding & analytics, has announced the launch of its generative AI-based chatbot, LawGeek, today. This innovative tool, the first offering under the BharatKanoon brand, is engineered to provide users with a foundational direction for their legal queries, a pioneering move in their legal research journeys.
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Announcements Commercial Legal Innovation

Lex Ferenda Litigation Funding LLC Announces New ESG Initiatives Focused on Litigation Finance Education and Philanthropy

By John Freund |
Lex Ferenda Litigation Funding LLC “LF2” recently launched two new initiatives in conjunction with its commercial funding operations. “LF2 University” or “LF2U” offers programming and content promoting education about litigation finance. Meanwhile, “LF2 Gives” serves as LF2’s philanthropic arm and corporate citizenship program, through which LF2 supports the local communities in which it works.
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Announcements Commercial People Moves

Omni Bridgeway announces U.S. legal industry leaders appointed to its Investment Committee

By John Freund |
Omni Bridgeway is pleased to welcome Leora Ben-Ami and the Honorable Winifred Y. Smith (Ret.) to its Investment Committee. These nationally regarded legal industry professionals bring decades of experience and a wealth of knowledge to Omni Bridgeway’s investment process. Ms. Ben-Ami will leverage her extensive background in intellectual property to review and evaluate cases relevant to the company’s global IP portfolio. Judge Smith joins the US Investment Committee, where she will consider a variety of complex commercial cases.
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Announcements Commercial

New research offers inside look at how businesses are managing litigation in uncertain economy

By John Freund |

Burford Capital, the leading global finance and asset management firm focused on law, today releases new independent research on how in-house lawyers are adjusting their strategies in a period of sustained uncertainty. Businesses are seeking to manage risks and costs, and in turn, legal departments—and the outside law firms that work with them—have the opportunity to position themselves as part of the solution, with legal finance expected to play a role.

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Announcements Consumer

Golden Pear Upsizes Corporate Note to $67.2 Million

By John Freund |
Golden Pear Funding (Golden Pear), a national leader in pre-settlement legal funding, announced the upsizing to $67.2 million of its existing corporate notes. The incremental capital raise was assigned a BBB rating by a nationally recognized statistical ratings organization (NRSRO) and follows the Company’s successful corporate note issuance announced in January 2022. Proceeds from the upsize will be used to repay subordinated debt and support additional growth of the business.
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Announcements Commercial Fundraising

BURFORD CAPITAL ANNOUNCES PRIVATE OFFERING OF SENIOR NOTES

By John Freund |
Burford Capital Limited (“Burford” or “Burford Capital”), the leading global finance and asset management firm focused on law, today announces the planned private offering of $400 million aggregate principal amount of senior notes due 2031 (the “Notes”) by its indirect, wholly owned subsidiary, Burford Capital Global Finance LLC, subject to market and other conditions. The Notes will be guaranteed on a senior unsecured basis by Burford Capital as well as Burford Capital Finance LLC and Burford Capital PLC, both indirect, wholly owned subsidiaries of Burford Capital (such guarantees, together with the Notes, the “Securities”).
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Announcements Consumer

Upcoming Webinar on Litigation Funding

By John Freund |
One of the more important issues today concerning litigation in America is funding. Whether it be high verdicts, claim value drivers, or fraudulent claims, we are all affected. Vince Gerbino founding partner of Bruno, Gerbino, Soriano and Aitken, will moderate the webinar’s distinguished panel that will provide insight into this important concern from a broad range of perspectives.
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Announcements Commercial

Burford Capital Reports First Quarter 2023 Financial Results

By John Freund |
Burford Capital Limited (“Burford”), the leading global finance and asset management firm focused on law, today announces its unaudited financial results at and for the three months ended March 31, 2023 (“1Q23”).1 Burford’s report on Form 6-K for 1Q23, including unaudited condensed consolidated financial statements (the “1Q23 Quarterly Report”), is available on the Burford Capital website at http://investors.burfordcapital.com.
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Consumer Investor's Corner Slingshot Capital

What is a better investment, Commercial or Consumer Legal Funding? (2 of 2)

By John Freund |
Executive Summary
  • Consumer legal funding is a much more consistent and predictable asset class
  • Headline risks, while real in the earlier days of the industry’s evolution, are now consistent with more mature consumer finance asset classes
  • Consumer legal funding has a strong ESG component through the social benefits provided to the segment of society that relies on it the most
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Commercial Special Features

Key Takeaways from IMN’s 5th Annual Financing, Structuring and Investing in Litigation Finance

By John Freund |
On Wednesday, June 7th, IMN hosted its 5th annual Financing, Structuring and Investing in Litigation Finance conference. LFJ attended the event and covered various panel discussions on topics ranging from key trends and developments, ESG initiatives and insurance products. Below are some key takeaways from the event.
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Announcements Commercial People Moves

Delta Capital Partner Management Welcomes Prominent Plaintiff-Side Litigator to LEAD Underwriting and Due Diligence

By John Freund |
Delta Capital Partners Management, a global private equity firm specializing in litigation and legal finance, is pleased to announce that Brian O’Mara has joined the company as its Chief Underwriting Officer.  In this role, O’Mara will be responsible for overseeing underwriting and due diligence and managing Delta’s investment portfolios.
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Commercial Special Features

ESG and Litigation Funding

By John Freund |
Are ESG initiatives and regulations creating more tension between companies and their suppliers? Are we seeing an uptick in disputes that are arising out of ESG initiative and regulations? What impacts and pressures are ESG matters having on companies, funders, attorneys and governments? These topics and more were covered on IMN’s panel discussion “ESG Initiatives: Challenges and Opportunities.”
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