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“Show Me the Money” – Diverse Teams are a Revenue Driver and Not Just the Right Thing to Do

By Molly Pease |

“Show Me the Money” – Diverse Teams are a Revenue Driver and Not Just the Right Thing to Do

The following article was contributed by Kirstine Rogers, Legal Director at Certum Group, and Molly Pease, Managing Director at Curiam Capital.

Both are also on the steering committee for Women of Litigation Finance (WOLF). WOLF is an organization intended to give women in and around the litigation finance field a space for support, mentorship and connections. WOLF holds quarterly zoom meetings focused on specific relevant topics and hosts various networking events throughout the year.  Please find out more through our LinkedIn page or by contacting any member of the steering committee. WOLF welcomes the support and participation of all industry members. 

As our country continues to debate the pros and cons of diversity, equity, and inclusion programs in the government and private sectors, the litigation finance industry would be well served by remembering that diverse teams make companies better.  Indeed, several studies have explored the link between diversity initiatives and increased profitability in organizations and found that a more diverse workforce can positively impact business performance, innovation, and profitability.

There are many reasons for this.  First, representation matters.  Whether it is getting a phone call for a potential new investment opportunity from a female general counsel who wants to see diversity in the team she might be working with or being able to hire top talent who want to work with a diverse team, better opportunities present themselves to litigation finance market participants when those firms present a diverse and capable team.  Second, a diverse team allows for more diverse networking opportunities, which encourages investment opportunities from a wide variety of sources.  And finally, and potentially most importantly, diversity of backgrounds, skills, and expertise allows for a risk assessment in underwriting investment opportunities that is less likely to miss potential risks or pitfalls that a more narrow-minded team might not see.  Better underwriting decisions result in better investments, which results in more revenue for the company.

Diversity need not be a mandate for it to be an intentional and profitable choice.

“If you build it, they will come.” 

Does your company reflect the world of your counterparty or their counsel?  

Research has shown that consumers are more likely to buy from or engage with businesses that appear to understand their specific needs, often through shared demographic traits like race, gender, or age.  Businesses that reflect their target consumers’ characteristics and values are more likely to foster trust and client loyalty.   The same is true in commercial transactions with counterparties and their counsel.  In entering into a funding agreement, you are forming a potentially long-term partnership.  Communication and trust are essential to the success of that relationship.  You only maximize the likelihood of that success with the diversity of the decision makers on your team.   

Companies with inclusive environments are also more likely to attract top talent and retain employees.  Why wouldn’t a firm cast the widest net possible?

“Nobody puts baby in a corner.” 

Having a diverse workforce also increases opportunities for connection and visibility in the market.  It provides a vehicle for commonality – a shared experience, history, or perspective.  This is because similar backgrounds make it easier to communicate, share common goals, and find mutual interests, which in turn can lead to individual career opportunities and company-wide growth.

Diversity-based industry groups like the Women of Litigation Finance (WOLF) facilitate interaction between market peers, provide leadership and speaking opportunities, and lead to collaboration between companies seeking to work together.  Bar associations also frequently have smaller diversity-based committees that provide a smaller community from which to network and form connections.  Bigger fish. Smaller pond.  Stronger bond.  And these genuine connections formed on shared experiences can lead to exponential networking growth.  A familiar face at one industry event only leads to more familiar faces at the next one.  

This is true for thought leadership too.  If every member of a panel of speakers looks the same and does not reflect the different faces in the audience, there are people in that audience your panel is not reaching.  If every article is written from the same perspective, there are readers who are not listening.  

“You’re gonna need a bigger boat.” 

At its core, the litigation finance industry assesses risk.  The better a firm can do that – whether it is a funder, a broker, or an insurer – the more profitable it will be.  Risk assessment involves seeing things that others might miss and making sure no stone gets left unturned.  

There are many components of a due diligence risk assessment, including reviewing the strength of the legal merits of the claims, assessing the credibility and testifying potential of key witnesses, and predicting what arguments or defenses will be presented by opposing counsel.  A diligence team with diverse backgrounds, experiences, and perspectives will be better at identifying risks and assessing the value of potential claims.  For example, a funder will often speak extensively with key witnesses to assess how they would present testimony at trial and whether a jury would find that testimony credible and persuasive.  If a trial team were conducting a mock jury to test these points, it would assemble a diverse panel of men and women from different ages and backgrounds to get various views on the testimony.  Similarly, a funder trying to make its own internal assessment will be better served by a diverse team with a variety of perspectives.  If everyone in the room has the same basic background, characteristics, and experiences, they are likely to see things similarly and thus miss key factors that could be important in determining the impact of the testimony.  And this is only one aspect of a risk assessment.  Each step of the diligence and risk assessment process would benefit from analysis by a diverse team.  The biggest concern in the litigation finance industry is that a funder, broker, or insurer misses a significant risk in their assessment of a legal asset and finds themselves funding an investment that has a low chance of success in hindsight.  A diverse team will protect against this outcome and therefore drive revenue for industry participants.

“You talkin’ to me?” 

At the end of the day, the value of meaningfully implemented diversity initiatives is clear.  Having the benefit of differing experiences and perspectives makes companies better.  And, as to litigation finance in particular, diversity without question strengthens the return on investments. 

But just having a diverse workforce does not necessarily result in a better company or improved profitability.  The company needs to foster an inclusive environment where diverse perspectives are valued and integrated into decision-making processes and where those selected as thought leaders demonstrate how diversity is implemented, prioritized, and integrated into company culture.

In honor of International Women’s Day, make this a call to action – what can you do at your company to ensure you have the broadest perspectives represented?  Ask yourself, does the panel you are sponsoring completely reflect your target client base?  Does your leadership team include those with different perspectives?  Does your company provide women with networking and mentoring opportunities? 

After all, diversity presents an opportunity for someone at your company to collaborate with other market participants to write an article just like this.  

About the authors:

Molly Pease is Managing Director and Chief Compliance Officer at Curiam Capital, and Kirstine Rogers is Legal Director at Certum Group. They both serve on the Steering Committee for WOLF, the Women of Litigation Finance.  They can be reached at molly.pease@curiam.com and krogers@certumgroup.com

About the author

Molly Pease

Molly Pease



About the author

Kirstine Rogers

Kirstine Rogers

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South African Litigation Funder’s Role in Long-Running “Please Call Me” Dispute Comes Under Scrutiny

A businessman and litigation funder has emerged as a recurring figure in the decades-long fight between Nkosana Makate and Vodacom over the "Please Call Me" service, following reporting on the origins of the funding that made the case possible.

As reported by ITWeb, Kevin Brian Jenkins was among an early group that raised R750,000 to help Makate pursue his claim, and until recently worked with Makate's attorney, Wilna Lubbe of Stemela Lubbe. In 2019 the late advocate Christiaan Schoeman told an arbitration that Jenkins introduced him to Makate and helped raise the funds alongside Schoeman, his former wife Wilma Schoeman, Errol Elsdon of Black Rock Mining and Tracey Roscher.

The composition of that original funding group matters because Elsdon is now claiming 40% of Makate's confidential Vodacom settlement, asserting that he provided R4.39 million. Lubbe and Makate contend the figure was at most R8,000. Elsdon testified that he first met Makate in 2011 alongside Schoeman and Jenkins, and that Schoeman signed a funding agreement that year in favour of a company to be nominated later — accepted by most courts as Black Rock, from mid-2013. A 2018 Pretoria High Court ruling by Judge Neil Tuchten placed Jenkins among the initial investors offered "equity in the venture."

Court records show other disputes involving Jenkins. In Odyssey Consultancy v Hurwitz, his company sued Dale Hurwitz over an unpaid fee; the court heard Jenkins had used senior counsel Cedric Puckrin's "name and reputation (and stature as a senior counsel)" to obtain payment, though Judge Ranchod found this "does not amount to the fraudulent misrepresentation" alleged and ruled in Odyssey's favour.

Jenkins resigned as a director of a company he shared with Lubbe on 18 August, days before the publication put questions to her. Lubbe said Jenkins was a client of the firm.

Manolete Reports Forward Book Growth and Revenues Ahead of Prior Year in FY27 Update

Manolete Partners has told shareholders that trading in the current financial year is running in line with board expectations, with realised revenues ahead of the prior year and continued growth in the value of its forward book.

As reported in a regulatory announcement issued ahead of the company's Annual General Meeting, the AIM-listed insolvency claims financier said: "The Group's trading performance has been positive and in-line with the Board's expectations for FY27. Realised revenues are ahead of the prior year, and the value of the Group's forward book has continued to increase, driven by growth in both the number and average value of new cases signed."

The reference to growth in both case volume and average case size is notable for a funder whose economics depend on the pipeline of insolvency claims it acquires or funds. The company said it intends to provide a more detailed update on first-half trading in early October, following the close of the period, and will announce its Half Year Results as usual in November. All resolutions put to the AGM were subsequently passed.

Manolete describes itself as the UK's leading insolvency claims financing company, operating in a market it values at over £500 million annually. The business has financed and completed more than 1,400 cases. It says it is the only company in the insolvency litigation funding section to have been ranked Band 1 in Chambers on six occasions, and a five-time winner of the 'Insolvency Litigation Funder of the Year' award at the TRI Awards.

The update was issued by Chief Executive Officer Mena Halton and Chief Financial Officer Will Sawyer. Canaccord Genuity acts as the company's Nominated Adviser and Sole Broker.

Administrators Probe £390M Woodville Collapse as FCA Targets Retail Loan Note Loophole

Roughly £390 million appears to have passed through Woodville Consultants Ltd, the collapsed litigation funder whose failure prompted a Financial Conduct Authority warning about retail investors buying unregulated loan notes.

As reported by the Law Gazette, the business operated from an unremarkable office at 5 Gelliwastad Road in Pontypridd, South Wales, where the blinds are now drawn and no one answers the door. Its loan notes were promoted from Dubai Media City by a self-described certified financial planner who marketed them as "a simple and attractive way to make additional money without a big effort," accompanied by the slogan "Don't wait to invest; invest and wait."

Woodville entered administration on 16 July. Four weeks later the FCA issued a notice stating that "the recent failure of Woodville Consultants Ltd, a litigation funder that raised capital from retail investors through unregulated loan notes, shows the potential risk to investors." The regulator has signalled it wants to close the self-certification loophole that allows individuals to declare themselves "sophisticated" or "high-net worth" investors and thereby access products otherwise restricted from retail distribution. One investor told the publication the loss "will be life-changing for me… Stupid, I know."

Kroll is administering the estate alongside law firm Crowell & Moring, and is investigating whether money from newer investors was used to pay returns to earlier ones. Director Peter James Legge wrote to investors on 8 June stating: "We are now finally live with our funder and are in the process of completing the first drawdown." The administrators' third progress report found that "no such funding/refinancing arrangements appear to have been documented or progressed."

Paul Muscutt of Crowell & Moring said "a number of investigations are ongoing relating to the law firms, including how claims were introduced to the firms and how funds borrowed were applied."