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Member Spotlight:  Michael Klaschka

By Mike Klaschka |

Michael Klaschka is a Managing Principal and head of the Financial Institutions team based in EPIC’s Jersey City office.  He has over 32 years of industry experience and is a highly respected and skilled negotiator in the professional liability marketplace. 

Mike has extensive experience working with financial institution, investment management, litigation finance, real estate, venture capital, private equity and complex risks with strong technical knowledge of D&O, E&O, Cyber, Fidelity, Fiduciary, Media and Employment Practices Liability. 

Mike joined EPIC in August 2016.  Prior to joining EPIC, Mike was the national leader of Integro’s Management Risk Practice where he spent 11 years.  Prior to Integro, Mike spent 10 years at Marsh & McLennan where he held various positions including head of their E&O Center of Excellence Group based in NY as well as the west coast FINPRO placement leader for their financial institution, technology and commercial accounts group based in San Francisco.  Mike earned a Bachelor of Arts Degree from Drew University in 1991, and majored in Economics with a minor in Political Science.

Company Name and Description:  EPIC Insurance Brokers & Consultants

We are a unique and innovative retail risk management and employee benefits insurance brokerage and consulting firm, founded in San Francisco, California in 2007 with offices and leadership across the country.

EPIC Insurance Brokers & Consultants has a depth of industry expertise across key lines of insurance, including risk management, property and casualty, employee benefits, unique specialty program insurance and private client services.

Company Website: https://www.epicbrokers.com/

Year Founded: 2007

Headquarters: San Francisco, CA

Area of Focus: Property & Casualty Insurance with expertise in Directors’ & Officers’, Errors & Omissions, Employment Practices, Fund, and Cyber Liability.

Member Quote: Procuring insurance for litigation finance companies can be a challenge as many insurers view the industry as driving up their costs.  Several even prohibited their underwriters from offering terms.  In addition, litigation finance companies have unique exposures that are not addressed in “off the shelf” products offered by insurers.  At EPIC, we have the knowledge and experience as well as the relationships with key insurers that gives us the ability to negotiate and place coverage tailored to each client.

About the author

Mike Klaschka

Mike Klaschka

Commercial

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Case Developments Commercial

SEC Sues Father and Son over Fraudulent Mass Tort Funding Scheme

Whilst litigation finance is now a mature and established industry, this does not stop rogue actors from engaging in fraudulent schemes to try and reap personal benefit at the expense of unwitting investors.

Reporting by Bloomberg Law provides details on a lawsuit brought by the Securities and Exchange Commission (SEC) against a father and son in Florida who are accused of using a supposed litigation funding scheme to defraud investors out of $125,000. The lawsuit filed last Friday alleges that Michael Chhabra and Vineet “Vincent” Chhabra set up Tort Fund LLC in April 2019, claiming that the company would provide litigation finance to law firms, when in reality the pair used it as a personal fund for their own legal fees and miscellaneous expenses.

The SEC’s suit, which was filed in the United States District Court for the District of Columbia, claims that Tort Fund LLC’s owners had advertised the fund as a way for investors to support mass tort cases being brought against medical device and household product manufacturers, but did not enter into any funding agreements with law firms to do so. The $125,000 raised was then used to cover legal costs in Michael Chhabra’s own bankruptcy proceedings, paying for the pair’s personal expenses, with around $40,000 spent on maintaining the fraudulent scheme by paying individuals who solicited new investors. 

In its lawsuit, the SEC is asking the court to impose civil penalties and pay out the profits from the scheme, and to prohibit the pair from running any companies that have a class of securities registered in the future. The SEC’s filing can be read here.

Case Developments Commercial

Dutch Supreme Court Denies Sulu Heirs’ Appeal to Enforce Arbitration Award

The long-running dispute between Malaysia and the heirs to the Sultanate of Sulu has been one of the most high-profile cases in recent years, and one that has generated plenty of debate about the role of litigation funders in legal proceedings targeting national governments. A new development in the dispute has seen the Sulu heirs receive yet another unfavourable judgement, with potentially negative implications for their litigation funder, Therium Capital Management.

Articles in Bloomberg Law and Solicitors Journal covers last week’s ruling from the Supreme Court of the Netherlands, which dismissed the Sulu heirs’ appeal to enforce the disputed arbitration award given out by arbitrator Dr. Gonzalo Stampa in Paris. As a result of the Dutch Court’s ruling, the Sulu claimants will now have to cover the legal costs for the appeal and have lost the opportunity to enforce the award by seizing Malyasian assets in that jurisdiction. The finality of this ruling represents a blow to Therium, which invested $20 million in the Sulu heirs’ claim.

Azalina Othman Said, minister in the Malaysian Prime Minister’s Department (Law and Institutional Reform), stated: “Malaysia welcomes this landmark ruling as a momentous victory for the rule of law, representing a further step towards the end of the Sulu case and the preservation of the sanctity of international arbitration as an alternative form of dispute resolution.”

Therium did not respond to Bloomberg Law’s request for comment at the time of publication.

Commercial People Moves

Aperture Investors Hires Luke Darkow to Launch Litigation Finance Strategy 

Aperture Investors, an alternative asset manager and part of the Generali Investments platform, today announced that Luke Darkow has joined the firm to lead its new private credit Litigation Finance strategy. 

Darkow joins Aperture from Victory Park Capital, a global alternative investment manager, where he was a Principal and Portfolio Manager responsible for sourcing, analyzing, executing, and managing investments within the litigation finance asset class. Prior to Victory Park Capital, Darkow held roles at TPG Capital and Morgan Stanley. 

"With Aperture entering its next phase of growth, we see significant potential in specialty lending, particularly in litigation finance, which we believe remains a relatively underbanked asset class. Estimates suggest that the litigation finance market could double annually through 2035," said Peter Kraus, Chief Executive Officer and Founder, Aperture Investors. “Litigation Finance is a niche, relationship-driven sector—and Luke is no tourist. His expertise in both private and public debt investments, his deep network of law firms and legal service providers, and his ability to source opportunities and raise capital will allow us to build out this unique offering at Aperture.”

Litigation Finance involves the provision of third-party capital to help finance law firms or plaintiffs pursuing legal claims in exchange for, or collateralized by, a percentage of proceeds received upon the successful resolution of legal disputes. Aperture’s Litigation Finance strategy will primarily provide structured loans to law firms backed by expected legal fee receivables from procedurally mature, settled, and/or short duration legal cases, targeting uncorrelated returns.

“I’m incredibly pleased to join Aperture and help drive the firm into new opportunities in private credit with this niche, asset-based lending strategy,” commented Darkow. “As Aperture expands its slate of strategies and products, I’m also attracted to the intellectual horsepower and best-in-class infrastructure within the broader firm.” 

About Aperture Investors 

Aperture is an alternative asset management firm offering credit and equity strategies in commingled and bespoke portfolios for institutional investors. Aperture's mission is outperformance, and it is focused on identifying portfolio managers who it believes have a unique edge and can consistently deliver innovative, solutions-oriented investment results throughout market cycles. Since inception, Aperture has steadily grown its breadth of products, and as of August 31st, it manages approximately $4 billion. Its investment strategies are diversified across asset classes and geographies – each managed by a dedicated investment team – with distribution across North America, Europe, Middle East and Asia. 

Aperture Investors was founded in 2018 and is led by industry veteran Peter Kraus and by Generali, one of the largest global insurance and asset management providers. For more about Aperture, visit us at www.apertureinvestors.com.

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