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Hedge Funds Showing Increased Interest in Litigation Claims

It’s no secret that over the last several years, Wall Street has been pouring money into the litigation space – whether indirectly by capitalizing litigation funders, or directly via their own investments into the space. However the recent revelation of Baupost Group’s $1 billion purchase of legal claims against utility company PG&E illustrates both the scope and scale of the hedge fund world’s interest in the legal sector.

As reported in Yahoo News, billionaire Seth Karman’s Baupost Group has long been one of the titans of the hedge fund world. Now Baupost is spreading its wings, having purchased $1 billion of legal claims against utility giant PG&E.

Interestingly, Baupost appears to have purchased the claims as a hedge on its investment in PG&E stock. Klarman’s fund invested in PG&E, which subsequently plummeted over 80% after the California wildfires left the utility company $30 billion in debt and facing imminent bankruptcy.

However, in a process known as subrogation, Baupost also purchased legal claims against PG&E, held by the utility company’s insurer. The hedge fund reportedly paid 35 cents on the dollar for those claims, and now maintains the right to sue PG&E, the very same company it invested in.

Insurance claims are repayable in a bankruptcy proceeding, however Baupost may be in for a bumpy ride to recoupment, given their status as a general unsecured creditor. That classification essentially places them last in line.

This is not the first subrogation claim Baupost has pursued, and it is currently engaged with another similar claim. Sometimes the hedge fund purchases a partial subrogation, and partners with an insurer in the litigation of an entity. All of this shows how far Wall Street is willing to go when it comes to capitalizing legal claims.

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Commercial Regulatory Issues

The Future of Litigation Funding Regulation Under the Trump Administration 

Following this month’s elections in the United States, litigation funding leaders and industry observers have begun to try and predict what the change in government at the federal level may mean for efforts to increase regulation and oversight of the litigation finance industry.

An article in The American Lawyer looks at the issue of increased regulation for litigation funding through the lens of the election, getting the views of industry experts as to what approach the incoming GOP trifecta might take. With one piece of draft legislation focusing on funding disclosure already introduced to the House, courtesy of Rep. Darrell Issa of California, lawyers and funders alike are anxious to see whether the Trump administration will take a more combative approach to third-party funding.

Broadly speaking, the view from industry appears to be split on whether the attitudes of Congress and the White House will be aligned on this issue. Charles Agee, CEO of Westfleet Advisors, said that “regulating the litigation finance industry does not seem to be at the top of the agenda for the Trump administration”. Whilst Dai Wai Chin Feman, managing director at Parabellum Capital, noted that Trump has previously exhibited a trend towards appointing judges with less litigation experience, which may harm the industry as it could “inject more variability in litigation funders' ability to underwrite outcomes.” 

Paul Haskel, partner with Crowell & Moring, agreed that regulating third-party funding may not be a high priority for President Trump, but suggested that the commonly-repeated claim that funding acts as a route for foreign actors to malignly influence US interests could be “an appealing way for this administration to attack it.” Similarly, Mark Behrens of Shook Hardy & Bacon, suggested that over on Capitol Hill, “the new congressional leadership provides a reason for optimism that there will be increased attention paid to the disclosure of commercial third-party litigation financing and the involvement of foreign funders in U.S. litigation.” 

Seeking to gain some insight into any provisional policy position that the new administration might hold, The American Lawyer contacted the Trump transition team for a comment. However, spokesperson Karoline Leavitt did not provide a direct answer to the question, instead emphasizing that Trump had been re-elected “by a resounding margin giving him a mandate to implement the promises he made on the campaign trail.”

Commercial Fundraising

Sandfield Capital Secures £10.5M Funding Facility to Expand Operations

As policymakers and legal experts debate what the future of UK litigation funding should look like, it is clear that even smaller regional funders continue to attract investor interest as they look to take a larger share of the market.

An article in TheBusinessDesk covers the news that Sandfield Capital has agreed a £10.5 million funding facility from an unnamed Canadian investor, with the deal arranged by Altimapa Capital. This latest deal is reportedly part of Sandfield’s £100 million fundraising effort led by Altimapa, with the debt finance specialist having already secured a £20 million facility in December 2023.

The Liverpool-based funder was founded in 2020 and has since expanded its footprint to include an office in London, secured the new funding facility to support its growth plans both in terms of hiring additional staff and broaden the range of cases it funds. Over the last four years, Sandfield has provided funding for a variety of claims including those targeting brokers for undisclosed commissions, landlords for failures to maintain rental properties, and claims over Military Hearing Loss.

Sandfield Capital’s CEO, Steven D’Ambrosio, said that the funder has witnessed “a dramatic increase in undisclosed commissions and housing disrepair cases following news coverage and increased awareness of the legal remedies available.” D’Ambrosio explained that the £10.5 infusion of capital would allow Sandfield to support these claims and “enable many more people to bring their case to court.”

Pedro Tavares, CEO of Altimapa, provided the following comment on the deal: “We’re pleased to have secured an additional £10.5m credit facility for Sandfield Capital. It underscores our ability to bring international capital to UK businesses and the attractiveness of the civil litigation market to a widening, and increasingly international, panel of investors.”

Announcements Commercial Legal Innovation

Trellis Launches Trellis AI to Revolutionize Trial Court Litigation

Today, Trellis launched Trellis AI, a powerful new legal productivity platform designed for the complex needs of trial court litigation. Built on Trellis' industry-leading trial court data foundation—which is the most comprehensive database of its kind in the US—Trellis AI offers tools that empower legal teams to harness data and insights in transformative ways. By automating litigation tasks like motion drafting and case evaluations, Trellis AI transforms the way litigators approach case work with greater accuracy, efficiency, and strategic insight.

Trellis is an AI-driven legal research and insights platform offering access to the largest and most comprehensive US trial court database. This extensive database includes dockets, documents, rulings, judge, law firm, and company analytics, with unmatched coverage across states, counties, and courts.

Trellis AI leverages this extensive data foundation along with advanced language models to deliver precise insights that enhance decision-making, case preparation, and litigation strategy. Designed for legal professionals, it streamlines strategic work like case assessments and motion argument development while automating time-consuming tasks such as motion drafting, client updates, and discovery preparation. These efficiencies free up attorneys to focus on strategic decision-making and client advocacy.

"Trellis is uniquely positioned to support attorneys within the very court system where their cases are filed," said Nicole Clark, CEO and cofounder of Trellis and a former litigator. "Trellis provides access to hundreds of millions of motions and briefs, representing millions of hours of attorney blood, sweat, and tears in research and drafting. It's why Trellis AI stands as the only tool to offer one-click solutions to create work product backed by the entire court system and learnings from every trial court litigator who came before them."

Unlocking New Litigation Strategies

Trellis AI is designed to support every stage of the case lifecycle, delivering impactful work product powered by Trellis' extensive data. Its feature suite tackles common litigation challenges by automating routine tasks and providing strategic insights grounded in the nation's most trusted court data.

For example, "Draft Arguments" is a powerful motion drafting tool that can save hours of work, allowing attorneys to focus on their strongest arguments. Trellis AI uses the details and facts of the case to create tailored draft motions, drawing from its extensive database of similar cases to suggest strategic, fact-supported arguments. Each draft incorporates insights from hundreds of thousands of successful trial court motions, offering attorneys an innovative solution that transforms how they approach motion drafting.

Another tool is "Case Assessment" which evaluates key case elements to guide strategic decision-making. Trellis AI examines case facts, legal claims, and defenses to provide detailed insights into potential outcomes, recommended actions, and risk factors. Each assessment delivers actionable intelligence and recommended next steps to inform decisions on case management, settlement strategies, and trial preparation. This empowers attorneys to keep their clients informed, offer strategic recommendations, and leverage an internal knowledge base of strategies and insights for each case.

The remainder of Trellis AI's tools streamline important tasks like complaint analysis, defense strategy development, argument evaluation, timeline creation, citation extraction, and more. All tools were created and meticulously tested by Trellis' teams of product attorneys and experienced litigators.

Precision and Security at the Core

Trellis AI is designed for ease-of-use without sacrificing security or accuracy. All uploaded documents are encrypted at rest, aligning with SOC 2 standards to protect sensitive information. Additionally, Trellis AI reduces the risk of errors or bias in its outputs, enabling legal teams to concentrate on insights rather than processes. It also provides options for easy verification and source checking, ensuring greater confidence and peace of mind.

"The potential for AI to transform the legal field depends on the quality and depth of data behind it," said Alon Shwartz, CPO and cofounder of Trellis. "Our data foundation is the cornerstone of Trellis AI, providing a wealth of high-quality information that drives actionable recommendations and meaningful insights. By prioritizing data integrity and implementing rigorous security measures, we've built a platform attorneys can trust to streamline workflows and make strategic decisions confidently."

For more information, click here to book a demo or to get started with Trellis AI.

About Trellis

About Trellis

Trellis is the leading provider of state trial court data and insights, serving tens of thousands of law firms and litigators daily with insights and coverage across 3,000+ courts in over 2,500 counties, spanning 45 states. Trellis offers an extensive suite of state trial court intelligence and productivity tools for litigators, including detailed judge bios and analytics, thorough case assessments, argument drafting and generation, litigation insights across both law firms and corporations, daily reports on new filings, customizable alerts, and much more. Explore more or book a demo at trellis.law.

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