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M&A Dispute Volume Is Rising in Climate of Economic Uncertainty and Geopolitical Upheaval, BRG’s 2022 M&A Disputes Report Finds

Mergers and acquisitions disputes accelerated in 2022 even as deal activity slowed, with the darkening economic outlook expected to fuel further disagreements over deals in the coming year, according to the 2022 M&A Disputes Report from Berkeley Research Group (BRG) released today.

Now in its third year, the report examines the global M&A disputes landscape and features qualitative and quantitative research from some of the world’s leading deal and disputes experts. The latest survey found that macroeconomic concerns are surpassing COVID-19 disruptions as primary dispute catalysts, a trend that dealmakers, lawyers and private equity executives expect to extend into 2023.

Continuing last year’s global scope, the 2022 report examines M&A dispute activity and insights from the Europe, Middle East and Africa (EMEA), North America and Asia–Pacific (APAC) regions, investigating recurring themes while posing additional questions and revealing new trends as the pandemic’s effects begin to subside.

The report draws from a quantitative survey of 181 lawyers, private equity professionals and corporate finance advisors, with additional perspectives from more than 20 of the world’s top lawyers and experts working in M&A, disputes and private equity. Outside contributors come from leading firms including Quinn Emanuel Urquhart & Sullivan, Jones Day, Hogan Lovells and Linklaters.

Key takeaways include:

  • The dispute pace likely will pick up in the coming year amid continued market volatility due to concerns over inflation and a possible recession, as well as geopolitical uncertainty and lingering effects of COVID-19.
  • Financial Technology (FinTech), Energy & Climate and Traditional Financial Services are the top-ranked sectors for increased dispute activity in 2022. Respondents expect the Construction & Real Estate sector to take the lead in 2023.
  • Environmental, social and governance (ESG) disputes are brewing as regulations take shape and businesses strive to meet evolving, multifaceted ESG criteria.
  • EMEA is the region expected to drive dispute activity in the coming year, with strict regulatory regimes and political strife seen as significant disruptive factors.

The report examines how rising concerns around the volatility of markets and political upheaval are influencing M&A deals and dispute behavior. BRG’s research found that the dramatic events of the past year—including the energy crisis in Europe and elsewhere, falling stock prices and real-estate market disruptions—have shifted the sectors experiencing the most disputes compared to 2021, when COVID-19’s effects heavily impacted hospitality, life sciences and technology. The report also tracks steps that lawyers and advisors are recommending to reduce the likelihood of disputes, such as a greater emphasis on conducting enhanced due diligence while deemphasizing material adverse change and material adverse effect clauses for sellers.

“With geopolitical tensions, macroeconomic concerns and lingering COVID-19 disruptions impacting increasingly complex M&A deals, this report emphasizes the need for a clear understanding of the fundamental issues driving disputes. A multidisciplinary approach will be required to address these challenges effectively,” said BRG Managing Director Mustafa Hadi. “The data and expert analysis collected within the 2022 report offer deep insights on the volatility and uncertainty that will drive disputes in the months ahead.”

Download a copy of the 2022 BRG M&A Disputes Report.

About BRG
Berkeley Research Group, LLC is a global consulting firm that helps leading organizations advance in three key areas: disputes and investigations, corporate finance, and performance improvement and advisory. Headquartered in California with offices around the world, we are an integrated group of experts, industry leaders, academics, data scientists and professionals working across borders and disciplines. We harness our collective expertise to deliver the inspired insights and practical strategies our clients need to stay ahead of what’s next. Visit thinkbrg.com to learn more.

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Announcements Consumer

Legal-Bay Pre-Settlement Funding Company Renews Focus on FELA and Railroad Cases in Light of Newly-filed Wrongful Death Lawsuits Against Norfolk Southern Railroad

By Harry Moran and 4 others |

Legal-Bay, the premier Pre Settlement Funding Company, announces today that they are expanding their FELA and railroad injury claims department due to an increase in railway worker personal injury claims and the recent wrongful death lawsuit filed against Norfolk Southern Railroad.

The Norfolk case was filed earlier this month on the second anniversary of the tragic East Palestine, Ohio train derailment and subsequent toxic spill where plaintiffs claim multiple lingering health issues, including seven deaths. The lawsuit also levels accusations against the EPA and CDC, alleging that neither organization carried out a proper cleanup, nor warned residents about the potential health risks, elevating fears that their sudden mysterious illnesses could progress into something more serious.

Train derailments are only one of many reasons railroad lawsuits are filed. Everyday commuters can be victims of criminal violence on subways, or be injured due to improperly maintained train cars or railway stations. Plaintiffs will normally file negligence suits against the rail line and even the city itself for failing to keep their passengers safe.

If you are a plaintiff in any type of active railroad injury litigation and need an immediate cash advance lawsuit loan against an impending lawsuit settlement, please visit Legal-Bay HERE or call toll-free at 877.571.0405.

Chris Janish, CEO, commented, "Our funding on FELA cases this year is up over 100%. Legal-Bay is putting a large focus on train accidents in light of recent national headlines. We have always been a leader in FELA cases because of our expertise and our ability to provide ample capital for the long haul on these cases."

In addition to passenger lawsuits, there has also been an increase in FELA funding requests from railway employees within recent months. Legal Bay has even launched a new website specifically built for railroad FELA claims and railroad workers. The lawsuit funding company also secured more capital for railroad workers and employees covered under the FELA Act of 1908, which provides financial relief for railroad employees seeking workers compensation for an injury sustained on the job or in the yard.

If you are (or were) a railroad worker who has filed a lawsuit because of injuries you've suffered due to no fault of your own, or if you were injured due to negligence of your rail company or supervisor, or if you were hurt on the job because of faulty equipment or unsafe working conditions, then you may qualify for legal funding.

If you are a plaintiff or attorney involved in an active FELA railroad injury lawsuit and need an immediate cash advance lawsuit loan against an impending settlement, please visit our specialized FELA website HERE or call toll-free at 877.571.0405.

While railway workers need to take a few extra steps, most everyday victims of railroad injuries can file personal injury lawsuits. Damages in railroad injury cases are in line with other personal injury settlement awards such as reimbursement for lost earnings, medical expenses, and physical as well as mental pain and suffering.

Legal-Bay has been funding train accidents for the last 15 years and focuses much of their attention to certain cities and states: New York, NY; Newark, New Jersey; Boston, Massachusetts; Philadelphia, PA; Washington, D.C.; Atlanta, GA; Nashville, TN; Chicago, IL; and Los Angeles, CA to name a few. 

They are often referred to as one of the best lawsuit loan companies out there and the best lawsuit funding provider for railroad workers, in part because the lawsuit settlement loan company offers the quickest approvals and lowest rates industry wide. Contact Legal-Bay today or visit our specialized FELA website HERE to find out why we are considered the top lawsuit money lender around.

Legal-Bay advocates for victims of railroad injuries, but they provide settlement loan funding for all types of cases including personal injury, dog bites, slip and falls, car accidents, boat accidents, motorcycle accidents, bike accidents, truck accidents, and more.

Legal-Bay provides some of the best rates and fastest approvals in the industry, less than 24-48 hours in some cases. They offer free lawsuit evaluation on your settlement amount or case value, along with no out-of-pocket expenses or upfront costs. Their settlement funding loans have helped numerous plaintiffs by providing immediate cash in advance of a lawsuit's anticipated monetary award. The non-recourse law suit loans—sometimes referred to as loans for lawsuit or loans on settlement—are risk-free, as the money doesn't need to be repaid should the recipient lose their case. Therefore, the lawsuit loans aren't really a loan, but rather a cash advance.

To learn more about Legal-Bay's funding for FELA claims, railroad worker, railway passenger personal injury lawsuits, railroad lawsuit loans, rail worker personal injury pre settlement funding, railroad employees personal injury settlement loans, or railroad worker personal injury lawsuit loan funds, please visit the company's website HERE to apply right now or call toll-free at: 877.571.0405 where friendly and helpful agents are standing by to answer your questions.

Announcements Commercial

BNP Paribas’ Securities Services Business Adopts Broadridge’s Global Class Action Solution to Maximize its Clients’ Global Asset Recovery Opportunities

By Harry Moran and 4 others |

BNP Paribas’ Securities Services business, a leading global custodian with USD 13.7 trillion under custody, has partnered with global Fintech leader, Broadridge Financial Solutions, Inc. (NYSE:BR) to expand its global custody services, appointing Broadridge as service provider for its global securities class action services.

“As the Securities Services business of BNP Paribas, we are committed to delivering innovative and differentiating products and services to our clients. Broadridge brings advanced technology, market-leading information security and deep industry expertise that align with our goals, enhancing our clients’ experience and supporting their business,” said Christian Houillon, Head of Custody Product for Securities Services at BNP Paribas. “We will be able to harness Broadridge’s proprietary technology to identify, file and recover investment losses, alongside their extensive industry expertise.”

Broadridge provides a comprehensive, proprietary technology solution for global class action services that will help clients identify and act on asset recovery opportunities. This includes a seamless process for identifying, filing, and recovering investment losses, backed by Broadridge's industry expertise.

“As the volume of securities class actions continues to rise, it’s crucial for the clients of BNP Paribas’ Securities Services business and other global financial institutions to leverage all available asset recovery opportunities,” said Steve Cirami, Vice President, Head of Corporate Actions & Class Actions at Broadridge. “Broadridge’s solutions will enable the clients of BNP Paribas’ Securities Services business to obtain all required information to support their decisions on claim recoveries, facilitate investor participation in settlements and support key business functions, delivering a seamless and impactful client experience.”

Investors have more recovery opportunities than ever before as the class action landscape continues to expand globally with more than 35 jurisdictions around the world adopting collective redress mechanisms for shareholders. In 2024 alone, there were more than 125 recovery opportunities and $5.2 billion in settlements. The ability to monitor all opportunities globally requires leading edge technology and expertise, particularly in jurisdictions where considerations of litigation can be complex to navigate.

Broadridge’s dedicated global class action services team comprises deeply knowledgeable and experienced securities litigators, claims administrators, claims auditors and data specialists, equipped to provide clients with unmatched end-to-end services, portfolio monitoring and claims filing and registering processes in global jurisdictions. Learn more about the team here.

About Securities Services at BNP Paribas (securities.cib.bnpparibas)

BNP Paribas’ Securities Services business is a leading global custodian providing multi-asset post-trade and asset servicing solutions to buy-side and sell-side market participants, corporates and issuers. With a global reach covering 90+ markets, its custody network is one of the most extensive in the industry, enabling clients to maximise their investment opportunities worldwide. As a pillar of BNP Paribas’ diversified banking model, Securities Services provides asset servicing solutions that are closely integrated with the first-class services of the Group’s other business lines, in particular those of Global Banking and Global Markets.

As of 31 December 2024, Securities Services had USD 13.7 trillion in assets under custody and USD 2.8 trillion in assets under administration.

About Broadridge

Broadridge Financial Solutions (NYSE: BR) is a global technology leader with the trusted expertise and transformative technology to help clients and the financial services industry operate, innovate, and grow. We power investing, governance, and communications for our clients – driving operational resiliency, elevating business performance, and transforming investor experiences. 

Our technology and operations platforms process and generate over 7 billion communications per year and underpin the daily trading of more than $10 trillion of securities globally. A certified Great Place to Work®, Broadridge is part of the S&P 500® Index, employing over 14,000 associates in 21 countries.

For more information about us, please visit www.broadridge.com.

Announcements Commercial People Moves

Victory Park Capital Expands Legal Credit Team, Welcomes Hugo Lestiboudois as Principal

By Harry Moran and 4 others |

Victory Park Capital (“VPC”), a global alternative investment firm specializing in private credit, today announced that Hugo Lestiboudois has joined the firm as Principal. Mr. Lestiboudois, who brings over 10 years of experience in developing and operating legal finance strategies, will work alongside Richard Levy, VPC CEO, CIO & Founder, and Chad Clamage, Managing Director, to advance the firm’s legal credit strategy.

“We welcome Hugo to the firm with great excitement,” said Levy. “I am confident that his experience will help us unlock further momentum in the rapidly expanding market for legal investing and address the growing demand for innovative funding solutions.”

VPC’s legal credit team, comprised of veteran litigators, legal finance investors, and seasoned private credit professionals, takes an asset-backed lending approach to the legal asset class, emphasizing downside protection and current income streams. With its deep expertise and extensive industry relationships, VPC is well-positioned to capitalize on market inefficiencies and pursue opportunities across the full spectrum of legal asset types and structures.

“I am thrilled to join the VPC team and help further scale the legal credit strategy,” Lestiboudois said. “With a highly diversified portfolio of asset-backed legal assets and robust risk management controls, VPC’s disciplined and innovative approach creates resilience against market volatility and enables us to excel in the legal credit market.”

Previously, Mr. Lestiboudois was a principal at Syz Capital where he oversaw the firm’s legal finance strategies. Prior to that, Mr. Lestiboudois led the Illiquid Investments Desk at IVO Capital Partners where he focused on European distressed and structured credit transactions. Earlier in his career, Mr. Lestiboudois focused on asset-backed financing in his role at AgFe and held analyst positions at Capital Management and BlackRock.

About Victory Park Capital

Victory Park Capital Advisors, LLC (“VPC” or the “Firm”) is a global alternative asset manager that specializes in private asset-backed credit. In addition, the Firm offers comprehensive structured financing and capital markets solutions through its affiliate platform, Triumph Capital Markets. The Firm was founded in 2007 and is headquartered in Chicago. In 2024, VPC became a majority-owned affiliate of Janus Henderson Group. The Firm leverages the broader resources of Janus Henderson’s 2,000+ employees across offices in 24 cities worldwide. VPC is a Registered Investment Advisor with the SEC. For more information, please visit www.victoryparkcapital.com.