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Legal-Bay Pre-Settlement Funding to Add Mesothelioma Cases for Funding Along with Talc After Large $18MM Verdict

By John Freund |

Legal-Bay, The Pre Settlement Funding Company, announced today that they are now adding mesothelioma victims to their list of Johnson & Johnson talc plaintiffs. The pharmaceutical company just lost their most recent court case, resulting in a landmark $18 million verdict. Both J&J and plaintiffs/lawyers await the next steps in what has been a painfully slow process.

Plaintiffs allege that J&J talc-based baby powder is directly responsible for causing serious medical issues ranging from skin melanoma to ovarian cancer, and point out that the company has long been aware of the health risks associated with their product. Several studies dating back to the 1970s concluded that talc particles increase a person’s chances of developing cancer, and evidence suggests that J&J has been intentionally concealing the results for decades. 

Johnson & Johnson Baby Powder Talc cases are on track to rank among the largest mass tort settlements in U.S. history, predicted to cost J&J over $10 billion to resolve the 100,000+ claims. With the newly added mesothelioma verdict, the pressure is on. J&J has attempted to settle the cases via bankruptcy filing and a $9 billion payout. However, plaintiffs say that not only is the offered amount insultingly inadequate when one considers the large number of claimants in these lawsuits, but may be an improper use of the bankruptcy code as well, and are asking the U.S. Justice Department to investigate.

If you require an immediate cash advance from your anticipated Johnson & Johnson talc baby powder lawsuit settlement, please visit the company’s website HERE or call 877.571.0405 

Chris Janish, CEO of Legal-Bay, said, “The time has come to move this litigation forward once and for all. Too many victims are not able to have their day in court due to the severity of their injuries; some have even died before seeing justice prevail. While J&J has offered to settle the cases, the amount seems to be a fraction of what juries are awarding in both talc and mesothelioma verdicts of late.”

Legal-Bay’s sources close to the litigation believe that the parties will try to reach a global agreement by year’s end, however, payments could be delayed for another two years due to the sheer number of claims to process. Legal-Bay is one of the few legal funding companies who are providing some financial relief to victims and their families with risk-free, non-recourse cash advance settlement loans.

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Rockhopper Exploration Announces Receipt of Tranche 1 Funds for the Ombrina Mare Monetisation Transaction

By Harry Moran |

Rockhopper Exploration plc is pleased to provide the following update in relation to the monetisation of its Ombrina Mare Arbitration Award (the "Transaction") announced on 20 December 2023.

Having satisfied all precedent conditions to the Transaction as announced on 17 June 2024, the Company confirms that the Tranche 1 payment has been received.

Rockhopper has received €19 million of the €45 million Tranche 1 payment. As previously disclosed, Rockhopper entered into a litigation funding agreement in 2017 under which all costs relating to the Arbitration from commencement to the rendering of the Award were paid on its behalf by a separate specialist arbitration funder (the "Original Arbitration Funder"). That agreement entitles the Original Arbitration Funder to a proportion of any proceeds from the Award or any monetisation of the Award. The balance of €26 million has gone to Original Arbitration Funder in order to fully discharge the Company of all of its liabilities under the agreement with the Original Arbitration Funder. Tranches 2 and 3 of the Award remain payable to Rockhopper upon a successful annulment outcome.

As previously disclosed, success fees of approximately €4 million are owed to Rockhopper's legal representatives if Rockhopper win the claim, meaning liability is established and Italy is required to pay more than a nominal sum in damages (either by way of award or settlement in an amount equal to or more than €25 million).

Following receipt of the Tranche 1 payment, Rockhopper's cash balance is approximately $27 million.

Please refer to the Company's announcement on 20 December 2023 for further details on the Ombrina Mare Arbitration Award. Capitalised terms shall have the same meaning as in the 20 December 2023 announcement.

Samuel Moody, CEO, commented:

"We are delighted to have received the Tranche 1 payment under the Ombrina Mare monetisation agreement.  This cash gives us the strongest balance sheet we have had for a number of years, and we remain confident in the merits of our legal case as we await the decision of the Ad Hoc Panel on the annulment request from the Italian Republic."

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Latest Burford Quarterly Explores How Business and Economic Trends are Impacting Commercial Disputes Across Industries

By Harry Moran |

Burford Capital, the leading global finance and asset management firm focused on law, today releases its latest Burford Quarterly, a journal of legal finance that explores the top trends at the nexus of law and finance.

Articles in the Burford Quarterly 3 2024 include:

  • The business and legal trends shaping healthcare

The US healthcare industry is one of the country's largest. Business factors from consolidation to rising costs to lingering Covid-19 impacts are contributing to increases in major disputes, which are in turn driving shifts in how healthcare businesses pursue and finance recoveries.

  • Expert insights: Construction disputes roundtable

Burford moderates a roundtable of construction dispute experts as they discuss megaprojects, AI and the challenges of accurately forecasting and managing construction disputes.

  • The European perspective: Assessing the impact of the Unified Patent Court

A year after its launch, patent experts weigh in on the new UPC pan-European patent litigation system impacting 17 member nations, more than 300 million people and, increasingly, businesses and law firms pursuing corporate IP monetization, including expectations of increasing use and acceptance of the UPC.

  • Judges weigh in on financial disclosure

Judges at a recent legal finance industry conference explained why mandatory disclosure of legal finance is unnecessary and would hinder the efficiency of businesses pursuing their claims.

David Perla, Co-COO of Burford Capital, said: "Our latest Burford Quarterly takes an in-depth look at how economic factors and business trends are contributing to impacts on companies across industries. Of particular note is a close analysis of the US healthcare sector, where increasing consolidation and rising costs is causing more and larger disputes. We also talk to industry experts on topics including the rise in construction sector disputes and the impact of the EU's Unified Patent Court, which for the last year has enabled businesses to enforce their rights across all 17 member nations much more effectively, leading to a big rise in interest in financing IP litigation in Europe."

About Burford Capital

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

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

This announcement does not constitute an offer to sell or the solicitation of an offer to buy any ordinary shares or other securities of Burford.

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Arcadia Finance Announces Launch of New Litigation Funding Firm

By Harry Moran |

Arcadia Finance, a new litigation funding firm focused on commercial litigation and arbitration, today announced its official launch to offer customized financial solutions and unparalleled support to empower clients and partners in achieving their legal goals. Led by litigation funding veterans David KersteinRonit Cohen, and Joshua Libling, the Arcadia leadership team has decades of funding and litigation experience, having collectively originated or underwritten over 80 transactions with funding commitments of more than $400 million.

Arcadia has secured access to over $100 million in investment capital with a broad mandate to offer solutions to all participants in the legal market. Arcadia expects most of its deals to be in the $2 million to $25 million range but can fund matters with commitments as low as $500,000 and as high as necessary to meet a client’s needs. “I believe that the future of litigation funding is client-focused,” Kerstein said, “and that means being able to meet clients where they are and cover the waterfront of potential litigation-backed investment opportunities.”

Arcadia’s focus on U.S.-based commercial and patent litigation and domestic and international arbitration is open to the whole spectrum of litigation-based assets, from mass torts to law firm lending to patent acquisition, including cross border and offshore matters.

“The team of Dave, Joshua, and Ronit are recognized and valued across the industry as one of the most trusted, experienced and successful funding teams. They are client-focused, fair and easy to work with. Their deep expertise and stellar credentials in not only litigation and arbitration but also in the funding industry enable them to quickly come up with creative and flexible solutions for their clients,” said Roman Silberfeld, National Trial Chair at Robins Kaplan, one of the nation’s premier trial law firms. “They are at the very top of the industry.”

The Arcadia Approach

Arcadia Finance goes beyond traditional finance. The firm is dedicated to providing “frictionless funding” through true partnerships with clients and law firms providing:

  • Customized Solutions: Arcadia tailors its funding approach to meet the specific needs of each case, engaging in proprietary risk analysis to ensure appropriate pricing and the best possible outcomes.
  • Responsive and Supportive Team: Arcadia's team is committed to providing transparency, responsive communication and authentic guidance throughout the entire litigation process.
  • Forward-Thinking Approach: Arcadia stays ahead of the curve, leveraging its expertise to anticipate challenges and strategize for success.
  • Exceeding Expectations: Arcadia is committed to exceeding client expectations by fostering trust and loyalty through a genuine dedication to clients’ success.

Cohen said: “At Arcadia Finance, we prioritize what matters most–our clients’ cases. We understand the challenges you face, having been trial lawyers ourselves. That’s why we created our ‘frictionless funding’ approach. It means streamlined processes, clear communication, and efficient decision-making, all aimed at getting clients the capital they need, fast. This empowers lawyers to focus on what they do best–advocating for their clients and achieving the best possible outcomes. Our transparent approach gives clients the information they need at every step, fostering trust and building a diversified, well-considered portfolio for investors.”

The Arcadia Team

Ronit Cohen, Co-Founder & Managing Director: One of the most experienced professionals in the funding industry, Ronit spent seven years at Bentham IMF, now Omni Bridgeway, where she helped launch their first office. She then joined Validity Finance 5 years ago, shortly after its launch. Ronit’s focus is on underwriting, having spent over a decade leading, creating, and monitoring litigation merits and risk projects. At Validity, she also headed up a pro bono effort to provide capital to wrongfully accused individuals during the pendency of their civil actions. Prior to joining the funding industry, Ronit was a litigator at Simpson Thacher and O’Melveny and Meyers. She received a B.A. from Yale University and a J.D. from Columbia University, graduating as a James Kent Scholar.

David Kerstein, Co-Founder & Managing Director: Dave is another industry pioneer. He was one of Validity Finance’s co-founders and served as Managing Director and Senior Investment Officer. In addition to co-leading Validity’s origination and structuring teams, he helped to guide Validity’s strategic growth into new and expanded markets and avenues for investment. Prior to co-founding Validity, Dave was an investment manager at Bentham IMF. He has been named among Lawdragon’s “Global 100 Leaders in Legal Finance” and selected by Who’s Who Legal as a “Thought Leader in Third Party Funding.” Prior to entering the litigation finance industry, Dave spent 15 years as a trial lawyer focused on complex commercial litigation and arbitration at Gibson Dunn. He received his J.D. from University of Pennsylvania (Toll Scholar) and a B.A. from University of Pennsylvania (Benjamin Franklin Scholar).

Joshua Libling, Co-Founder & Managing Director: Joshua was a member of Validity Finance’s senior leadership team with primary responsibility for risk analysis and pricing tools. His focus is on translating subjective legal merits assessments into trackable risk data that informs Arcadia’s investment decisions and portfolio construction. He is also responsible for modeling and operations at Arcadia. Joshua was previously a litigator at Boies Schiller Flexner, where he was involved in some of the country’s highest-profile and highest-stakes litigations and has worked extensively on appellate matters. He clerked for Judges on SDNY and the Second Circuit. Joshua has been named among Lawdragon’s “Global 100 Leaders in Legal Finance.” He received a J.D. from NYU Law School (magna cum laude) and his undergraduate degree from the University of Chicago.

About Arcadia Finance

Based in New York City, Arcadia Finance cuts through the red tape of litigation funding. Our seamless collaboration, clear deal terms, and broad mandate empower clients to navigate challenges, make informed decisions, and secure capital–fast. Led by industry veterans with over $400 million invested across 80+ deals, Arcadia offers adaptable solutions for all–from litigation boutiques to AmLaw firms and corporations. For more information, go to www.arcadiafin.com.

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