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Community Spotlight:  Luke Darkow, Portfolio Manager, Aperture Investors

By John Freund |

Luke Darkow is a Portfolio Manager at Aperture Investors, bringing over 13 years of experience in investing with a specialization in litigation finance private credit investments. Throughout his career, he has been instrumental in sourcing, analyzing, structuring, and managing investments, deploying more than $1 billion into the litigation finance asset class. Luke leverages a well-established network of plaintiff law firms and legal service providers to access and originate opportunities within this specialized field.

Before Aperture, Luke was a Principal and Portfolio Manager at Victory Park Capital, where he led a litigation finance asset-based lending strategy. His background also includes roles at TPG Capital and Morgan Stanley, further enriching his expertise in finance and investment management. Luke holds a B.S. in Business Administration with a focus on Finance – Applied Investment Management from Marquette University.

Company Name and Description:  Aperture Investors is an alternative asset manager founded by Peter Kraus, focusing on specialized credit and equity strategies across global markets. The firm aims to generate compelling returns in capacity-limited strategies, emphasizing a client-centric approach. Aperture operates as part of the Generali Investments ecosystem, combining boutique agility with large-scale resources. Aperture supports private credit litigation finance, structured credit, and diverse equity strategies, managing over $3 billion in assets.

Company Website: https://apertureinvestors.com/

Year Founded: Founded in 2018 by Peter Kraus in partnership with Generali Group, one of the largest global insurance and asset management companies

Headquarters:  Headquartered in New York with offices in London and Paris

Area of Focus:  Aperture Investors approaches litigation finance through a private credit perspective, prioritizing capital protection and steady income by utilizing structured term notes. These notes are backed by diversified, settled, or short-duration legal claims, offering lower volatility than traditional litigation funding, which depends on individual case outcomes and carries higher uncertainty and risk.

We primarily focus on lending against legal claims that are either post-settlement or procedurally mature, near-settlement, and/or short-duration. This approach emphasizes secured lending on more predictable claims to reduce volatility and enhance income stability

Member Quote: “The litigation finance asset class generally exhibits minimal correlation with broader capital markets, is highly inefficient, and continues to grow as demand for legal funding exceeds available capital, creating a compelling opportunity for private credit lenders like Aperture Investors.”

Commercial

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Commercial Deals

Claimants in AT1 Bonds Class Action Accept Omni Bridgeway Funding Arrangement

By Harry Moran |

Reporting by Law.com International reveals that claimants in a class action brought against the Swiss Financial Market Supervisory Authority (FINMA) have formally accepted a funding agreement with Omni Bridgeway to support the legal action.

The class action is seeking to represent 400 investors who are challenging FINMA over the writing down of $17 billion worth of AT1 bonds issued by Credit Suisse, following the 2023 emergency takeover of Credit Suisse by UBS. The claimants, who are mostly based in Singapore, are being represented by Drew & Napier.

Mahesh Rai, lead partner at Drew & Napier, spoke with Law.com and stated that the value of the class action is set to exceed $250 million, saying that “this claim value will rise as additional investors continue to sign up.” Rai went on to confirm that as part of the funding agreement, Omni Bridgeway “is entitled to a share of any damages recovered by the investors in their claims against Switzerland.”

Whilst the total amount of funding provided by Omni Bridgeway has not been confirmed, the funder’s Singapore investment manager Arvindran Manoosegaran explained to Law.com that it would depend on the number of claimants who register for the lawsuit and the economic viability of the case from Omni Bridgeway’s perspective.

Commercial Fundraising

Australian Family Law Funder Announces $92M Capital Raise

By Harry Moran |

Whilst family law is not always an area of the legal system that is top of mind for litigation funders, the appetite for outside funding to support these disputes continues to be reinforced by specialised firms who are raising capital to grow their services.

In an announcement posted on FinTech Australia, JustFund announced a $92 million capital raise that will allow the family law funder to accelerate the growth of its services and expand operations. The capital raise includes $5.7 million in seed round financing led by Xilium Capital, a $75 million senior debt facility from Global Credit Investments (GCI), and another $11 million in mezzanine funding from family offices. The announcement also explained that the capital raise included investments from Startmate, The Legal Tech Fund (USA) and Tripple, among other startup investors.

JustFund was founded in 2022 by the trio of Andy O’Connor, Jack O’Donnell and Craig Carroll. O’Connor and O’Donnell both formerly practiced as lawyers, whilst Carroll brought his experience as a fintech entrepreneur and investor. According to the announcement, in the two years since its founding, the Sydney-based funder ‘has approved more than $95 million in legal funding to support its clients to access more than $1 billion in relationship property settlements.’

Commenting on the capital raise, Carroll explained that the additional funding “will enable JustFund to help thousands more Australians to achieve a fair and equitable distribution of relationship assets and to rebuild their lives following a divorce or separation.” Gavin Solsky, Co-founder of GCI Funds, stated that his firm is “pleased to be aligning with JustFund and supporting their mission to help Australians access legal representation during a challenging time in their lives.”

Case Developments Commercial

Emmerson Exploring Funding Options for Investment Dispute with Morocco

By Harry Moran |

Investment treaty disputes between mining companies and nation states have continued to provide legal funders with opportunities to support valuable arbitration claims across the globe. This has once again been demonstrated by an announcement from one such company intending to pursue a dispute with Morocco, enlisting the services of a law firm with a track record of working with funders to support these claims.

An announcement from Emmerson plc reveals that the potash development company has notified the Moroccan government of its intent to pursue an investment dispute over the government’s alleged breaches of a bilateral investment treaty (BIT) between Morocco and the United Kingdom. The mining exploration and development company stated that it “has engaged Boies Schiller Flexner LLP as its litigation counsel and is examining various funding avenues for an investment dispute.” Emmerson’s announcement does not provide any significant details about the nature of the investment dispute but does refer to the development of the Khemisset Potash Project in Northern Morocco, which is likely where the dispute’s origins lie with this project. 

Emmerson stated that it had provided this notification to the Moroccan government so that the two parties could “engage in discussions regarding cash compensation for the damages incurred because of Morocco's breaches of the BIT, with a view to achieving an amicable resolution of the dispute.” However, Emmerson asserted that if these discussions cannot find a resolution, then the company “intends to submit a claim for arbitration under the BIT, seeking damages for the harm described above, plus interest, costs, and any such further relief as the Tribunal may deem appropriate in the circumstances.”

The announcement also references Boies Schiller Flexner’s involvement in two other investment treaty disputes: the GreenX Metals arbitration with Poland and the dispute between an Indiana Resources subsidiary and Tanzania. As LFJ has previously reported, both the GreenX Metals and Indiana Resources arbitration claims were funded by Litigation Capital Management (LCM).