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Litigation Finance Pioneer Bentham IMF Breaks the Mold of Law and Finance, Completing Hires that Establish Gender Equality and Build on Specialized Expertise of Investment Management Team

NEW YORK (January 29, 2019) – Leading commercial litigation funder Bentham IMF has hired Sidley Austin LLP partner, Dana MacGrath, and Kirkland & Ellis LLP partner, Sarah Tsou, as investment managers and legal counsel responsible for sourcing and evaluating arbitration and commercial litigation matters that meet Bentham’s investment criteria. The company has also hired Chief of Staff, Tina Young, from Deloitte Consulting LLP. This marks the second round of hiring at the company since it launched its most recent fund in November 2018.

Bentham and its parent company, IMF Bentham Limited (ASX:IMF), already stand out in the male-dominated industries of law and finance for having women throughout the ranks—including at the board of directors, senior management and investment management levels. These new hires, along with hires the company announced in December 2018, establish gender equality at a level where law firms and financial institutions have struggled to achieve it. The company’s ten-person senior investment management team in the U.S., which is comprised solely of lawyers in business-generating roles comparable to equity partner roles at law firms, now has an equal number of men and women. This achievement furthers the company’s tradition of setting high standards for diversity in the burgeoning industry it helped to form.

The arrival of Dana and Sarah also strengthens the company’s ability to evaluate cases in areas of practice where demand for funding is high. Dana will be responsible for leading the company’s investments in international arbitration matters. She has long been a leading practitioner in international arbitration, having conducted arbitrations before the preeminent international arbitration institutions, as well as before ad hoc arbitration panels, and serving as an arbitrator herself. She has also represented U.S. and foreign parties in disputes regarding the enforceability of arbitration agreements and arbitral awards, forum selection and choice of law clauses, sovereign immunity and discovery in the international context.

Sarah will enhance Bentham’s ability to evaluate intellectual property matters for investment, in particular patent litigation. She brings the perspective of a big firm lawyer who has spent over a dozen years representing clients ranging from start-ups to Fortune 100 companies in all aspects of complex litigation from inception to trial. In addition to litigating patent disputes spanning a broad range of technologies and industries, Sarah has also handled trade secret and trademark litigation and counseled clients in corporate acquisitions, licensing matters, and other transactions.

Tina Young will play a management role for Bentham, drawing on more than 25 years’ experience working in the financial services and TMT industries for companies including JP Morgan Chase Bank, N.A., Morgan Stanley and Reuters America. Throughout her career, Tina has held senior leadership roles on global teams devoted to data management, leveraging industry and client insights, providing strategic sourcing solutions for risk and compliance, expense management and procurement.

“Dana and Sarah will give us the unique competitive advantage of having the in-house expertise to rapidly evaluate arbitration matters and intellectual property litigation claims and invest in those most likely to help us sustain our 90% success rate,” said Allison Chock, Bentham’s US Chief Investment Officer. “We’re thrilled that recruiting the very best candidates for these roles also brought about the unintended but excellent circumstance of establishing a 50/50 gender balance on our senior investment team.”

“The law firms and claimants that partner with Bentham choose to do so for the factors that set us apart from other funders: our unparalleled experience, our impressive track record, the simple and fair investment terms we offer, and access to a team comprised of litigators from top-tier law firms and litigation boutiques,” said Charlie Gollow, Bentham’s US Chief Executive. “Steadily building on our team’s specialized expertise, first with the 2017 hire of our bankruptcy funding specialistKen Epstein, and now with the hire of Dana and Sarah, furthers our ability to make Bentham the obvious financier to choose—for general commercial litigation, as well as bankruptcy, international arbitration, intellectual property and other types of matters.”

The team’s newest hires are highly qualified in their respective fields. Dana has been recognized as a leading practitioner of international arbitration in various directories, including Chambers USA, Who’s Who Legal: Arbitration, Latinvex in “Latin America’s Top 100 Female Lawyers” and Expert Guides’ Guide to the World’s Leading Experts in Commercial Arbitration. She is the current President of the Board of Directors of ArbitralWomen, an international nonprofit organization that promotes women and diversity in international dispute resolution. She is also a member of several other professional associations. She is an adjunct professor of law at Brooklyn Law School, where she teaches a seminar on international commercial arbitration and coaches the Brooklyn Vis International Commercial Arbitration Moot team. Dana earned her J.D. from New York University School of Law and her B.A. cum laude, from Middlebury College.

Sarah has tried numerous cases before federal district juries and judges, arbitration panels, and the U.S. Patent Office, and she joins Bentham just weeks after her latest jury trial win. Working with the world’s premier intellectual property trial lawyers, she has secured significant verdicts and judgments for both plaintiffs and defendants, including some over $100 million. Sarah and her cases have been recognized in The American LawyerLaw360 and other publications. Most recently, one of her successes was profiled by Law360 in its announcement naming her former firm a 2018 IP Group of the Year. In addition to taking various committee leadership roles at her former firm, Sarah was a recipient of the Kirkland & Ellis LLP Pro Bono Service Award. She earned her JD from New York University School of Law and her BA from Washington University in St. Louis, graduating summa cum laude, with Highest Honors.

ABOUT BENTHAM IMF

Bentham IMF is the US arm of publicly listed IMF Bentham Limited (ASX: IMF), one of the most successful litigation funding companies in the world, and one of only two Chambers and Partners “Band One” litigation funding companies in the US, with a portfolio that has a total claim’s estimated recoverable amount of $5.6 billion AUD. Together, our companies have 14 offices throughout the US, UK, Australia, Canada and Asia and provide funding to clients in jurisdictions including the US, UK, Europe, Australia, Canada, New Zealand, Hong Kong and Singapore. We have reviewed thousands of commercial cases in the past 17 years, funding to completion 179 cases and generating $2.3 billion AUD in recoveries. We have achieved a 90% success rate, with clients utilizing our funding retaining an average of 62% of all case proceeds.

For further information regarding Bentham IMF and its activities, please visit www.benthamimf.com.

DISCLAIMER

Nothing herein should be construed as an offer to buy or sell, nor a solicitation of an offer to buy or sell, any security or other financial instrument, or to invest assets in any account managed or advised by Bentham IMF or its affiliates.

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Australian Google Ad Tech Class Action Commenced on Behalf of Publishers

By Harry Moran |

A class action was filed on 16 December 2024 on behalf of QNews Pty Ltd and Sydney Times Media Pty Ltd against Google LLC, Google Pte Ltd and Google Australia Pty Ltd (Google). 

The class action has been commenced to recover compensation for Australian-domiciled website and app publishers who have suffered financial losses as a result of Google’s misuse of market power in the advertising technology sector. The alleged loss is that publishers would have had significantly higher revenues from selling advertising space, and would have kept greater profits, if not for Google’s misuse of market power. 

The class action is being prosecuted by Piper Alderman with funding from Woodsford, which means affected publishers will not pay costs to participate in this class action, nor will they have any financial risk in relation to Google’s costs. 

Anyone, or any business, who has owned a website or app and sold advertising space using Google’s ad tech tools can join the action as a group member by registering their details at www.googleadtechaction.com.au. Participation in the action as a group member will be confidential so Google will not become aware of the identity of group members. 

The class action is on behalf of all publishers who had websites or apps and sold advertising space using Google’s platforms targeted at Australian consumers, including: 

  1. Google Ad Manager (GAM);
  2. Doubleclick for Publishers (DFP);
  3. Google Ad Exchange (AdX); and
  4. Google AdSense or AdMob. 

for the period 16 December 2018 to 16 December 2024. 

Google’s conduct 

Google’s conduct in the ad tech market is under scrutiny in various jurisdictions around the world. In June 2021, the French competition authority concluded that Google had abused its dominant position in the ad tech market. Google did not contest the decision, accepted a fine of €220m and agreed to change its conduct. The UK Competition and Markets Authority, the European Commission, the US Department of Justice and the Canadian Competition Bureau have also commenced investigations into, or legal proceedings regarding, Google’s conduct in ad tech. There are also class actions being prosecuted against Google for its practices in the ad tech market in the UK, EU and Canada. 

In Australia, Google’s substantial market power and conduct has been the subject of regulatory investigation and scrutiny by the Australian Competition and Consumer Commission (ACCC) which released its report in August 2021. The ACCC found that “Google is the largest supplier of ad tech services across the entire ad tech supply chain: no other provider has the scale or reach across the ad tech supply chain that Google does.” It concluded that “Google’s vertical integration and dominance across the ad tech supply chain, and in related services, have allowed it to engage in leveraging and self-preferencing conduct, which has likely interfered with the competitive process". 

Quotes 

Greg Whyte, a partner at Piper Alderman, said: 

This class action is of major importance to publishers, who have suffered as a result of Google’s practices in the ad tech monopoly that it has secured. As is the case in several other 2. jurisdictions around the world, Google will be required to respond to and defend its monopolistic practices which significantly affect competition in the Australian publishing market”. 

Charlie Morris, Chief Investment Officer at Woodsford said: “This class action follows numerous other class actions against Google in other jurisdictions regarding its infringement of competition laws in relation to AdTech. This action aims to hold Google to account for its misuse of market power and compensate website and app publishers for the consequences of Google’s misconduct. Working closely with economists, we have determined that Australian website and app publishers have been earning significantly less revenue and profits from advertising than they should have. We aim to right this wrong.” 

Class Action representation 

The team prosecuting the ad tech class action comprises: 

  • Law firm: Piper Alderman
  • Funder: Woodsford
  • Counsel team: Nicholas de Young KC, Simon Snow and Nicholas Walter

Rockpoint Legal Funding Shines at Consumer Attorneys of California Annual Convention

By Harry Moran |

Rockpoint Legal Funding proudly participated in the annual conference hosted by the Consumer Attorneys of California (CAOC), showcasing its commitment to supporting legal professionals and their clients. As the only funding company endorsed by CAOC, Rockpoint Legal Funding leveraged this premier event to connect with new and prospective partners reinforcing its position as a trusted funder within California's legal community.

The CAOC is a prestigious network of attorneys dedicated to protecting the rights of California consumers. Each year, the organization hosts its annual convention, bringing together some of the brightest legal minds and innovators in the industry. For Rockpoint Legal Funding, this event was an invaluable opportunity to demonstrate its unwavering dedication to empowering attorneys and their clients through tailored legal funding solutions.

During the convention, Rockpoint operated a booth where team members engaged with attendees, offering insights into the company's services and how they benefit both legal professionals and consumers seeking justice. From new attorneys looking for funding solutions to established firms aiming to streamline their case workflows, Rockpoint provided personalized advice and showcased its comprehensive suite of legal funding options.

"Rockpoint is proud to partner with the Consumer Attorneys of California. We take a lot of pride in serving the attorneys and their clients of this prestigious organization," said Ramtin Ghaneeian, Founding Partner of Rockpoint Legal Funding. His statement highlights the company's commitment to strengthening its collaboration with CAOC and continuing to support its mission of safeguarding the rights of California consumers.

President of Rockpoint Legal Funding, Maz Ghorban, emphasized the value of building strong relationships at events like this, stating, "It's a privilege to connect with our law firm partners at the CAOC convention each year while ensuring our values align with protecting California consumers through legal recourse."

Rockpoint's presence at the CAOC annual convention underscores its dedication to fostering meaningful connections within the legal community. By being the only CAOC-endorsed funding company, Rockpoint reinforces its credibility and reliability in the legal funding landscape. This endorsement is a testament to Rockpoint's shared vision with CAOC in championing consumer rights and providing critical support to those navigating the justice system.

For attorneys and law firms, Rockpoint Legal Funding offers a variety of non-recourse funding solutions, ensuring clients have the financial support they need during ongoing litigation. This commitment aligns perfectly with CAOC's mission to advocate for justice and fairness for California consumers.

As Rockpoint continues to deepen its relationships with legal professionals, events like the CAOC annual convention remain a cornerstone of its outreach efforts. The company looks forward to future collaborations and furthering its impact within the legal community.

For more information about Rockpoint Legal Funding and its services, visit Rockpointlegalfunding.com or call (855) 582-9200.

About Rockpoint Legal Funding

Rockpoint Legal Funding is a leading provider of non-recourse legal funding solutions, serving attorneys and their clients with unparalleled expertise and care. With a mission to empower justice and support favorable case outcomes, Rockpoint is committed to providing financial assistance during critical times, ensuring no one is denied access to legal recourse due to financial constraints.

Nera Capital Secures Additional $25 million in New Funding Deal

By Harry Moran |

Top litigation finance firm Nera Capital is ending the year on a high with the announcement of yet another successfully closed funding deal, this time securing $25 million to bolster UK consumer protection claims.

The funding, secured through a US-based investment partner, reflects yet another significant milestone for the firm as it continues to build momentum and strengthen its foothold in the market. 

This recently closed funding deal builds on a prosperous year of growth for Nera Capital, further demonstrating its capabilities across the globe. The investment will be directed towards advancing claims that protect UK consumers, enabling greater access to justice for individuals seeking redress.

With offices in Dublin, Manchester, and Amsterdam, Nera Capital has consistently demonstrated its commitment to driving innovation and impact in litigation finance worldwide. This latest funding announcement underscores Nera Capital’s ability to forge strategic international partnerships that deliver meaningful results. 

In 2024, Nera have hit record numbers of settlements, deployment and company profitability but also grown major portfolio positions in Europe and the USA.

Aisling Byrne, Director at Nera Capital, commented on the announcement: “We are happy to have closed yet another significant funding deal, further cementing our position as a leading force in consumer protection litigation. We anticipate this initial facility figure will increase as our partnership strengthens and thrives over time.

She added: “This is not just about financial growth; it’s about expanding our ability to make a difference. With this funding, we are reinforcing our commitment to fairness and justice, empowering consumers, and holding organisations accountable.”

The announcement follows the recent launch of Nera Capital’s £250,000 Access to Justice Fund, aimed at providing legal and financial support to those who may otherwise face barriers to justice.

The firm’s efforts come at a time of heightened focus on consumer rights across the world, driven by evolving legal frameworks, increased attention to data privacy, and growing concerns about sustainability and corporate accountability.

“This funding is another step forward in a year of tremendous progress for Nera Capital,” Aisling continued.

“As we look to 2025, we remain committed to leveraging our resources and expertise to protect consumers and advocate for justice on both sides of the Atlantic.“ 

About Nera Capital 

·       Established in 2011, Nera Capital is a specialist funding provider to law firms.  

·       Provides Law Firm Lend funding across diverse claim portfolios in both the Consumer and Commercial sector. 

·       Headquartered in Dublin, the firm also has offices in Manchester and Holland. 

·       Member of European Litigation Funders Association

.     www.neracapital.com