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Lex Ferenda Litigation Funding Expands to Denver; Announces Addition of Prominent Litigator and In-House Attorney Andrew Kelley

April 4, 2023

Lex Ferenda Litigation Funding Expands to Denver; Announces Addition of Prominent Litigator and In-House Attorney Andrew Kelley

Lex Ferenda Litigation Funding LLC “LF2” is pleased to announce its expansion to Denver, Colorado, with the addition of prominent in-house attorney and litigator, Andrew Kelley, who joins as Managing Director, Underwriting and Risk. He was previously Associate General Counsel and head of commercial litigation at Fortune 500 company, DaVita Inc. (NYSE: DVA). “Andrew is an incredibly talented, business-oriented leader and lawyer with a long track record of successfully representing clients both as outside counsel and as in-house client representative,” said Michael German, Chief Investment Officer at LF2. “LF2’s clients will benefit from Andrew’s deep understanding of the dispute resolution process, which led Andrew to successfully recover hundreds of millions of dollars on behalf of his clients during the course of his career,” said German. LF2’s expansion to Denver with Mr. Kelley marks an inflection point at the firm: “Our new outpost in the Rockies gives us key access to important US markets for dispute resolution,” said Chief Operating Officer Chris Baildon. “With the addition of Andrew substantially focused on underwriting and risk management, clients can expect faster decisions, stronger engagement, and a supportive investment management team that is able to add value exponentially,” said Baildon. Before DaVita, Andrew was General Counsel to a private equity firm headquartered in Colorado. Before that he was outside counsel at two different international law firms in Colorado. Andrew received his J.D. from Harvard Law School and his Bachelor of Arts from University of Colorado, Boulder. He is actively licensed to practice law in Colorado. “I am excited to be joining the team at LF2 and look forward to applying my experience and training in this new and exciting space,” said Kelley. “As a senior advisor to large companies, our advice and analysis is often a combination of sound legal advice and good business acumen, and I look forward to helping our clients and their counsel successfully navigate the dispute resolution process without having to worry about how to pay for their representation,” said Kelley. ABOUT LEX FERENDA LITIGATION FUNDING LF2 is a commercial litigation finance company anchored by institutional capital. LF2 is structured with the objective of meeting the highest standards in investment process management, quality control, risk management, and compliance. For further information about LF2, please visit: www.lf-2.com. For Investor Relations or other questions, please contact: Chris Baildon.

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Commercial

ILFA Urges Law Commission to Build Consumer Class Actions Regime on the CAT Model, Backed by Litigation Funding

The International Legal Finance Association has responded to the Law Commission's Consumer Class Actions Initial Scoping Questionnaire, which closed on Friday, calling for an opt-out consumer regime modelled on the Competition Appeal Tribunal and supported by access to third-party funding.

ILFA argues that many consumer claims cannot be brought today because existing procedures outside the CAT are poorly suited to group actions: representative actions are of limited use where damages need individual assessment, and Group Litigation Orders are opt-in, complex and expensive. It wants the regime to cover the full range of consumer harms and to be open to small businesses.

On funding, ILFA says all opt-out cases in the CAT are supported by third-party funding and calls for PACCAR to be reversed, as the Civil Justice Council recommended in June 2025. It wants funding terms and payment priorities fixed at certification, so agreed waterfalls cannot be reopened at the end of a claim, and opposes making funder returns contingent on take-up rates.

"Too many consumers and small businesses are harmed by the same unlawful conduct yet have no viable route to redress, because each claim is too small to pursue on its own," said Neil Purslow, Chairman of ILFA's Executive Committee. "A consumer class actions regime of the kind the Law Commission is considering, modelled on the Competition Appeal Tribunal's opt-out regime, would give them one."

"Backed by litigation funding, such a regime would put money back into consumers' pockets at a time when the cost of living remains a pressing concern, instead of letting those responsible keep the proceeds," he added. "It would also make corporate wrongdoers answerable to every consumer they harm, thereby promoting more competitive markets that reward businesses for playing by the rules."

Commercial

Omni Bridgeway Funds Class Action Against NSW Government Over $144 Million in Unlawful Merchant Fees

Omni Bridgeway is funding a class action against the New South Wales Government on behalf of people who paid merchant fees on card and PayPal transactions with state agencies such as Service NSW and Revenue NSW.

According to Omni Bridgeway's claim page, the claim follows the government's own admission in October 2024 that approximately 92 million card transactions since 2016 had attracted about $144 million in merchant fees levied without a lawful basis. The claim alleges the government received legal advice on four separate occasions from the NSW Crown Solicitor that the practice was unlawful.

The claim alleges that the government owed a duty of care to those who paid the fees and breached it by continuing to charge them, and that it made misleading statements about its right to do so in breach of Australian consumer protection laws. Omni Bridgeway notes that, as at the date of filing, the government had not confirmed whether it would refund the surcharges.

The class covers anyone who paid a merchant fee to the NSW Government between 23 September 2020 and 23 September 2026, for example when renewing a driver licence or vehicle registration, or buying a National Parks annual pass. Piper Alderman is on the record for the class.

The action is funded on a no win, no pay basis. If it succeeds, Omni Bridgeway will recover its costs plus a commission, and it has agreed to cover any adverse costs awarded to the government, so class members face no out-of-pocket exposure.

Commercial

Mariana Client Committee Seeks Court of Appeal Permission to Challenge Ruling Keeping PGMBM in Place

The client committee in the Mariana dam litigation has taken its fight over who represents more than 400,000 claimants to the Court of Appeal, after the High Court refused it permission to appeal a ruling that left PGMBM, formerly Pogust Goodhead, in control of the claim.

As reported by Legal Business, London disputes boutique Humphries Kerstetter, which acts for the committee, announced on 27 October that it had applied to the Court of Appeal for permission.

The application follows Mr Justice Waksman's October ruling that the committee had no authority to terminate the collective conditional fee agreements or litigation management agreements with PGMBM, and therefore could not appoint Bailey Glasser International to run the next phase of the case. "It is plain to me that Pogust Goodhead's construction is preferred," the judge said at the time, adding that the committee "had no power to instruct BGI." He ordered £300,000 in costs on account.

The dispute has direct consequences for the claim's funding. PGMBM is backed by Gramercy, and the committee's criticisms in the High Court included concerns about the funder. PGMBM had estimated that claimants would face around £2 billion in costs exposure if its contracts were terminated.

The underlying claim arises from the 2015 collapse of the Fundão dam in Brazil. BHP was found strictly liable in November 2025, with a quantum trial listed for 2027. Any appeal on representation would run alongside preparations for that trial.