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Commercial People Moves

Patrick Dempsey Joins Certum Group as Director of Commercial Litigation Strategy

By Harry Moran |

Certum Group, the first and only company in America providing both litigation finance and insurance solutions for companies facing the uncertainty of litigation, has added Patrick Dempsey as Director of Commercial Litigation Strategy.  Mr. Dempsey will oversee all facets of Certum’s commercial litigation business, including originating, structuring, and monitoring single-case financing products and portfolio solutions for law firms, corporates, and other litigants.  Mr. Dempsey will also help build out Certum’s consulting services for companies that are looking to invest in or value legal assets but may not have the requisite underwriting expertise. 

A veteran of the legal finance industry, Mr. Dempsey joins Certum from Burford Capital, where he served as a director responsible for originating new investments with law firms and corporates alike.  Prior to Burford, Mr. Dempsey served as the Chief Investment Officer of Therium Capital Management’s U.S. operations.  In private practice, Mr. Dempsey was a litigator at Hogan Lovells and Proskauer, where he regularly took cases through to trial and arbitral hearings across a broad number of industries.

“We are thrilled to have Patrick join our team,” said Joel Fineberg, Certum’s founder and managing director. “His extensive experience across multiple industries and complex commercial areas, along with his ability to build strong relationships with counterparties, will be a very valuable asset as we continue to innovate in the ever-evolving world of litigation funding.” 

“I am excited to join the fantastic team at Certum,” said Mr. Dempsey. “I believe the opportunity is substantial. With its full suite of funding solutions and insurance products, Certum is extremely well-positioned for this next phase of growth within the industry.  I’m looking forward to helping more clients figure out how Certum can help them achieve their litigation and business goals.”

Certum Group created the first and only litigation risk transfer platform that combines insurance, premium finance, and litigation funding to provide tailored solutions for companies, litigants, and law firms. Founded more than 10 years ago, the team is comprised of former litigators, judicial clerks, actuaries, and financial professionals who design risk transfer and funding solutions to meet legal, business, and financial objectives.

Mr. Dempsey earned his J.D. from Tulane University Law School and his B.S. from the University of New Orleans.

About Certum Group

Certum Group provides bespoke solutions for companies facing the uncertainty of litigation. We are the leader in providing comprehensive alternative litigation strategies, including class action settlement insurance, litigation buyout insurance, judgment preservation insurance, adverse judgment insurance, contingency fee insurance, capital protection insurance, litigation funding, and claim monetization. Our team of experienced former litigators, insurance professionals, and risk mitigation specialists helps companies remove the financial and operational volatility arising out of litigation by transferring the outcome risk. Learn more at www.certumgroup.com.

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Harry Moran

Harry Moran

Commercial

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Commercial Legal Innovation

Dejonghe & Morley Launches as Strategic Advisory for Law Firms and Investors

By Harry Moran |

Apart from the standard funding of individual cases and portfolio funding, recent years have demonstrated an increasing trend of more direct investment into law firms from third-party funds.

An article in The Global Legal Post covers the launch of Dejonghe & Morley, a new consultancy seeking to advise law firms on private equity investment. The new firm has been founded by Wim Dejonghe and David Morley, two former senior partners from Allen & Overy (A&O), who are looking to work primarily with small to medium-sized law firms on everything from identifying potential investment partners to deal-structuring.

Explaining the motivation to launch this new outfit, Dejonghe said that they identified “the influx of investment” into other areas of professional services and realised there was “a need in the legal sector for a consultancy that could bring together law firms and private capital.” On their strategy to target their services away from the larger law firms, Dejonghe explained that medium-sized firms have the greatest need as they’re “trying to be everything to everyone but don’t necessarily have the ability to compete with larger firms in terms of tech and talent.” 

Prior to this venture, Dejonghe had served as Global Managing Partner at A&O until 2016 before moving on to become the Senior Partner for A&O Shearman. Morley had previously held the role of Senior Partner at A&O until his departure in 2016 and in the years since has taken on a variety of roles including Chair of Vannin Capital prior to its acquisition by Fortress, and Managing Director and Head of Europe for Caisse de dépôt et placement du Québec (CDPQ).

More information about Dejonghe & Morley can be found on its website.

Case Developments Commercial

$67m Settlement Reached in QSuper Class Action Funded by Woodsford

By Harry Moran |

Another busy week for class action funding in Australia, as a significant settlement in a class action brought against a superannuation fund has made headlines. 

Reporting by Financial Standard covers the announcement of a A$67 million settlement in the class action brought against QSuper over allegations that the super fund members were overcharged for their life insurance premiums. The class action was originally filed in the Federal Court of Australia in November 2021, with Shine Lawyers leading the claim and Woodsford providing litigation funding for the proceedings. The settlement, which has been reached without any admission of liability from QSuper, remains subject to court approval by the Federal Court of Australia.

In a separate media release, Craig Allsopp, joint head of class actions at Shine Lawyers, said that the settlement “brings long-awaited relief to affected fund members, the vast majority of which were Queensland Government employees and their spouses, including teachers, doctors, and other essential workers”. 

Alex Hickson, Director of Woodsford Australia, said that the funder is “delighted that we could assist past and current fund members of QSuper to achieve redress through this class action, by allowing the case to be run with no upfront costs to class members.”

A spokesperson for Australian Retirement Trust (ART), the new company formed as a result of the merger between QSuper and Sunsuper, said that “the settlement amount will come out of money that had already been set aside by QSuper to provide for the potential liability from the class action, which was put into a reserve at the time of the merger”.

Commercial Regulatory Issues

AALF Chairman: UK Should Avoid Repeating “Australia’s Flirtation with Overbearing Regulation”

By Harry Moran |

With the UK funding industry awaiting the outcome of the Civil Justice Council’s review of third-party litigation funding, most of the commentary about what direction the government should take has come from those professionals practicing inside the UK. However, in an example of transnational solidarity between funding markets, the head of Australia’s industry association has spoken out to encourage the UK government to act to protect its legal funding sector.

In an opinion piece for The Law Society Gazette, John Walker, chairman of the Association of Litigation Funders of Australia (AALF), presents a strong argument that the UK government must avoid following Australia’s past mistake of overregulating the legal funding industry. With the prospect of the CJC’s review soon reaching its conclusion, Walker argues that the government’s “priority must be addressing the uncertainty created by the PACCAR decision”, rather than acceding to the demands of “the powerful, well-resourced and disingenuous minority perspective of the US Chamber of Commerce.”

Walker points to the recent history of legal funding in Australia, where the strength of these critics’ views led to the previous governments introducing strict regulations that created an environment where “access to justice for claimants was denied, corporate wrongdoers were protected, and claims started to dry up.” As Walker explains, the true lesson from Australia was the reversal of these regulations by the new government in 2022, which has seen funding rebound and drive a wave of class actions representing Australians seeking justice once more.

Taking aim at the opponents of the litigation funding industry, Walker highlighted the “myths pedalled” by groups like Civil Fair Justice as being “built on falsehoods that risk clouding reality and choking off access to justice.” Putting the often-repeated claim of funders supporting frivolous claims in the crosshairs, Walker notes “in reality, funders in the UK fund as few as 3% of the cases they're approached about.”