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Commercial Regulatory Issues

The Role of Superannuation Funds in Litigation Finance

The role of superannuation funds in litigation finance (specifically in funding class action claims) has been highlighted by industry insiders in Australia, who point to it as a benefit to the funds themselves and also an encouragement of good corporate governance. The recent example of HESTA, a super fund based in Sydney, taking part in a class action lawsuit against multiple financial service companies, has demonstrated both the appetite and the potential benefits of such engagements.

In an article by Super Review, vice president and managing director of Financial Recovery Technologies, Sean Cookson, spoke about this more active approach to investment, and highlighted HESTA as a super fund that has been able to leverage its capital to apply pressure through this alternative avenue. Mr Cookson pointed to the fact that apart from the US, Australia represented one of the lowest risk countries for funds to join class action claims when compared to jurisdictions such as Germany and the UK.

Mary Delahunty, the former head of impact at HESTA, went a step further and stated that it was incumbent upon super funds to recover losses through class actions where corporates have failed in their fiduciary duty to shareholders. However, both Cookson and Delahunty warned that in order for this to be effective, the Australian government will need to reverse course and place an emphasis on regulating corporate behaviour.

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Announcements Commercial

Burford Capital Announces 2025 Investor Day

By Harry Moran and 4 others |

Burford Capital Limited ("Burford" or the "Company"), the leading global finance and asset management firm focused on law, today announces it will host an Investor Day on Thursday, April 3, 2025, in New York City, which will also be webcast live and available for replay. The presentation is scheduled to begin at 9.00am EDT.

Led by Burford's executive management team and other key leaders, the event will provide a comprehensive strategic update on Burford's business and will also serve as an immersive introduction for investors and analysts who are new to the Company.

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai and Hong Kong.For more information, please visit www.burfordcapital.com.

Announcements Commercial Legal Innovation

Counsel Financial Unveils Revamped Website, Modern Branding and Expanded Product Offerings

By Harry Moran and 4 others |

Counsel Financial, the nation's leading provider of financing solutions exclusively for plaintiff law firms, is proud to announce the launch of its newly redesigned website and updated branding. The refreshed branding underscores the company's commitment to providing accessible capital solutions to the plaintiffs' bar while highlighting its expanded scope of services offered to capital providers who invest in law firms focused on contingent-fee litigation.

The updated website, CounselFinancial.com, features a streamlined design, enhanced functionality, and includes new sections detailing the company's tech-enabled, end-to-end solutions for banks and investment funds. Visitors can now explore the site with ease, accessing detailed information on Counsel Financial's array of financing solutions, resources and success stories from law firms nationwide.

"Counsel Financial has always been a pioneer in the legal funding space and this rebrand reflects our evolution while staying true to our mission of empowering plaintiff firms to achieve financial stability and success," said Paul Cody, CEO. "The new website represents our commitment to growth, accessibility and continuing to be the trusted partner for law firms and capital providers."

Unmatched Servicing Expertise

A standout feature of Counsel Financial's offerings is its comprehensive servicing capabilities, designed to meet the complex needs of capital providers investing in law firm financing. With expertise in collateral monitoring and case valuation, Counsel Financial provides unparalleled servicing for portfolios secured by contingent fee interests. The company's proprietary systems and dedicated team ensure accurate case tracking, timely reporting, and proactive management of legal fee receivables. Partnering with Counsel Financial allows capital providers to tap into the company's 25 years of legal funding expertise, enabling them to maximize portfolio performance and mitigate risk effectively.

A Legacy of Innovation

Founded by attorneys for attorneys, Counsel Financial has provided over $1.5 billion in loans to plaintiff law firms since its inception. The company's industry expertise, combined with its commitment to client success, has positioned it as a trusted partner for firms looking to grow their practices and manage financial hurdles effectively.

Visit CounselFinancial.com to explore the new website, learn more about the expanded product offerings, and discover how Counsel Financial can help your firm achieve its goals.

About Counsel Financial

Counsel Financial is the premier litigation financing company in the U.S., founded by attorneys in 2000. We operate with the belief that opportunities should never be limited by resources. Counsel Financial is dedicated to helping law firms and capital providers succeed and grow together in the evolving world of contingency-fee litigation.

Case Developments Commercial

Fox Files Petition to Compel Discovery of Funder in Smartmatic Defamation Case

By Harry Moran and 4 others |

When it comes to discovery requests over third-party funding in US lawsuits, we are accustomed to seeing these issues arise most commonly in intellectual property and patent litigation. However, a recent petition has shined the spotlight on a funded cases that is notable for its connections to the country’s political and media landscape.

An article in Bloomberg Law reveals that Fox Corp. has filed a petition in California Superior Court to compel discovery against the funder of the defamation case brought against Fox by Smartmatic USA Corp. Smartmatic’s claim for $2.7 billion in damages is being funded by Reid Hoffman, co-founder and executive chairman of LinkedIn, as disclosed by Hoffman himself in July of last year. Smartmatic’s case was first brought in February 2021, focusing on allegations that Fox defamed the voting technology company in its coverage of conspiracies about the 2020 US presidential election.

Fox’s petition was filed on January 29 following Hoffman objections to subpoenas, with counsel for Fox requesting that Hoffman and his aide Dmitri Mehlhorn be deposed, and handover documents relating to his funding of Smartmatic’s case and the validity of those claims. The central issue that Fox’s petition raises is the valuation of damages that Smartmatic is claiming, referencing comments in the media from Mehlhorn who suggested that without the alleged defamation, Smartmatic “could be a $400 million company.” 

Furthermore, Fox’s petition aims to support its anti-SLAPP counterclaim against Smartmatic, as the requested documents and testimony may provide evidence that the defamation lawsuit was ideologically motivated. Fox’s counsel stated that “if this lawsuit is motivated not by the facts but by some political agenda against Fox News or its perceived political views, that is evidence Fox must obtain in connection with its counterclaim.”