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Validity Finance Expands into California with Addition of Former Covington & Burling Litigator Mark Chen and Several Distinguished Advisors

Leading litigation funder Validity Finance  announced it has expanded to California, adding experienced litigator Mark Chen as portfolio counsel in Los Angeles.  Mr. Chen was previously special counsel with Covington & Burling in LA, representing clients in complex commercial disputes, including major intellectual property cases in the entertainment sector. In his new role, he will help assess Validity’s funding opportunities with law firms and businesses in Southern California and the West Coast.


Validity also named as senior advisors two high-profile California litigators, Thomas J. Nolan and J. Thomas Hannan. Mr. Nolan is trial counsel in the Los Angeles office of Pearson, Simon & Warshaw; Mr. Hannan is of counsel to Bartko Zankel Bunzel & Miller in San Francisco. In their new advisory roles, they will assist Validity in furthering relationships with law firms and entities in need of litigation finance for commercial disputes.

Additionally, Validity appointed noted litigation valuation expert Gene Phillips as a special advisor. The L.A.-based Mr. Phillips will assist Validity in quantitative analysis, damages valuation and strategic relationship-building. Mr. Philips is CEO of PF2 Securities, which provides research and expert witnesses in large-scale financial disputes.

With its latest expansion coinciding with the firm’s fourth anniversary, Validity has achieved a national footprint, with offices in New York, Houston, Washington, DC, and Los Angeles.

“We’re excited to establish a presence in Southern California, one of the country’s most robust legal markets and home to some of the nation’s busiest civil court venues,” said Validity CEO Ralph Sutton.

“We’ve previously collaborated with Los Angeles-based trial firms in funding successful matters and the time was right to plant our flag here,” he added. “We’re especially pleased to bring on Mark Chen from Covington to enhance our LA operations. He brings a strong track record representing both plaintiffs and defendants in high-stakes cases, including many high-profile matters.

While at Covington & Burling, Mr. Chen litigated matters for clients across a range of industries, including tech, healthcare and entertainment. His representations included multiple matters for the U.S. Olympic Committee, Sony Music Entertainment, and others.

Mr. Chen graduated summa cum laude from Cornell Law School, where he was an editor of the Cornell Law Review, and later clerked for Hon. Stanley Marcus, Senior U.S. Circuit Judge with the U.S. Court of Appeals for the 11th Circuit. Mr. Chen holds a B.A. in business administration from the University of California, Berkeley.

New Senior Advisors Tom Nolan and Tom Hannan

Commenting on the appointment of Messrs. Nolan and Hannan as senior advisors, Mr. Sutton said, “Tom and Tom are both veteran California trial lawyers who have served as lead counsel in numerous major cases. They bring important perspective, expertise and broad relationships based on decades of successful trial practice. We’re fortunate to welcome them as senior advisors as we grow our West Coast presence.”

A fellow of the prestigious American College of Trial Lawyers, Mr. Nolan is one of the nation’s preeminent trial lawyers, with broad experience in complex commercial disputes including class actions, antitrust, fraud, contract, and intellectual property matters. His extensive trial record includes winning jury verdicts of more than $1billion for his clients and defeating claims exceeding $15 billion asserted against his clients.

Mr. Nolan started his career in public service as a federal prosecutor, during which time he served as the chief of fraud and special prosecutions in the Los Angeles U.S. Attorney’s Office. He then spent nearly 30 years in big law at Howrey, Skadden and Latham & Watkins before joining Pearson, Simon & Warshaw in 2020.

Mr. Hannan is an accomplished trial lawyer with a national reputation and noted success representing both plaintiffs and defendants in complex commercial cases.  Mr. Hannan served as judicial law clerk to renowned US district judge Alfonso J. Zirpoli in the Northern District of California. He practiced law for over 40 years with his equally well-known partner Ron Lovitt at Lovitt & Hannan. Together, they successfully litigated a wide variety of professional negligence, fraud and complex commercial matters.

New Special Advisory Role for Gene Phillips

Commenting on Gene Phillips’ addition to Validity’s distinguished roster of outside advisors, Mr. Sutton said, “While the law firms and clients with whom we work are the ones ultimately litigating our funded matters – whether bringing cases or negotiating settlements – it’s essential that our due diligence includes strong economic and data-driven analysis in helping us deploy our capital. That process will benefit tremendously from the contributions of Gene Phillips as special advisor. Gene is one of the industry’s leading litigation experts, and his large network of lawyers and experts will add strategic depth to Validity”. Mr. Phillips holds a BSc degree in mathematics and applied mathematics, and a BSc Hons degree in the Mathematics of Financial Derivatives, from the University of the Witwatersrand in South Africa.

About Validity

Validity is a commercial litigation finance company that provides non-recourse investments for a wide variety of commercial disputes. Validity’s mission is to make a meaningful difference in our clients’ experience of the legal system. We focus on fairness, innovation, and clarity. For more, visit www.validityfinance.com.

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Australian Google Ad Tech Class Action Commenced on Behalf of Publishers

By Harry Moran |

A class action was filed on 16 December 2024 on behalf of QNews Pty Ltd and Sydney Times Media Pty Ltd against Google LLC, Google Pte Ltd and Google Australia Pty Ltd (Google). 

The class action has been commenced to recover compensation for Australian-domiciled website and app publishers who have suffered financial losses as a result of Google’s misuse of market power in the advertising technology sector. The alleged loss is that publishers would have had significantly higher revenues from selling advertising space, and would have kept greater profits, if not for Google’s misuse of market power. 

The class action is being prosecuted by Piper Alderman with funding from Woodsford, which means affected publishers will not pay costs to participate in this class action, nor will they have any financial risk in relation to Google’s costs. 

Anyone, or any business, who has owned a website or app and sold advertising space using Google’s ad tech tools can join the action as a group member by registering their details at www.googleadtechaction.com.au. Participation in the action as a group member will be confidential so Google will not become aware of the identity of group members. 

The class action is on behalf of all publishers who had websites or apps and sold advertising space using Google’s platforms targeted at Australian consumers, including: 

  1. Google Ad Manager (GAM);
  2. Doubleclick for Publishers (DFP);
  3. Google Ad Exchange (AdX); and
  4. Google AdSense or AdMob. 

for the period 16 December 2018 to 16 December 2024. 

Google’s conduct 

Google’s conduct in the ad tech market is under scrutiny in various jurisdictions around the world. In June 2021, the French competition authority concluded that Google had abused its dominant position in the ad tech market. Google did not contest the decision, accepted a fine of €220m and agreed to change its conduct. The UK Competition and Markets Authority, the European Commission, the US Department of Justice and the Canadian Competition Bureau have also commenced investigations into, or legal proceedings regarding, Google’s conduct in ad tech. There are also class actions being prosecuted against Google for its practices in the ad tech market in the UK, EU and Canada. 

In Australia, Google’s substantial market power and conduct has been the subject of regulatory investigation and scrutiny by the Australian Competition and Consumer Commission (ACCC) which released its report in August 2021. The ACCC found that “Google is the largest supplier of ad tech services across the entire ad tech supply chain: no other provider has the scale or reach across the ad tech supply chain that Google does.” It concluded that “Google’s vertical integration and dominance across the ad tech supply chain, and in related services, have allowed it to engage in leveraging and self-preferencing conduct, which has likely interfered with the competitive process". 

Quotes 

Greg Whyte, a partner at Piper Alderman, said: 

This class action is of major importance to publishers, who have suffered as a result of Google’s practices in the ad tech monopoly that it has secured. As is the case in several other 2. jurisdictions around the world, Google will be required to respond to and defend its monopolistic practices which significantly affect competition in the Australian publishing market”. 

Charlie Morris, Chief Investment Officer at Woodsford said: “This class action follows numerous other class actions against Google in other jurisdictions regarding its infringement of competition laws in relation to AdTech. This action aims to hold Google to account for its misuse of market power and compensate website and app publishers for the consequences of Google’s misconduct. Working closely with economists, we have determined that Australian website and app publishers have been earning significantly less revenue and profits from advertising than they should have. We aim to right this wrong.” 

Class Action representation 

The team prosecuting the ad tech class action comprises: 

  • Law firm: Piper Alderman
  • Funder: Woodsford
  • Counsel team: Nicholas de Young KC, Simon Snow and Nicholas Walter

Rockpoint Legal Funding Shines at Consumer Attorneys of California Annual Convention

By Harry Moran |

Rockpoint Legal Funding proudly participated in the annual conference hosted by the Consumer Attorneys of California (CAOC), showcasing its commitment to supporting legal professionals and their clients. As the only funding company endorsed by CAOC, Rockpoint Legal Funding leveraged this premier event to connect with new and prospective partners reinforcing its position as a trusted funder within California's legal community.

The CAOC is a prestigious network of attorneys dedicated to protecting the rights of California consumers. Each year, the organization hosts its annual convention, bringing together some of the brightest legal minds and innovators in the industry. For Rockpoint Legal Funding, this event was an invaluable opportunity to demonstrate its unwavering dedication to empowering attorneys and their clients through tailored legal funding solutions.

During the convention, Rockpoint operated a booth where team members engaged with attendees, offering insights into the company's services and how they benefit both legal professionals and consumers seeking justice. From new attorneys looking for funding solutions to established firms aiming to streamline their case workflows, Rockpoint provided personalized advice and showcased its comprehensive suite of legal funding options.

"Rockpoint is proud to partner with the Consumer Attorneys of California. We take a lot of pride in serving the attorneys and their clients of this prestigious organization," said Ramtin Ghaneeian, Founding Partner of Rockpoint Legal Funding. His statement highlights the company's commitment to strengthening its collaboration with CAOC and continuing to support its mission of safeguarding the rights of California consumers.

President of Rockpoint Legal Funding, Maz Ghorban, emphasized the value of building strong relationships at events like this, stating, "It's a privilege to connect with our law firm partners at the CAOC convention each year while ensuring our values align with protecting California consumers through legal recourse."

Rockpoint's presence at the CAOC annual convention underscores its dedication to fostering meaningful connections within the legal community. By being the only CAOC-endorsed funding company, Rockpoint reinforces its credibility and reliability in the legal funding landscape. This endorsement is a testament to Rockpoint's shared vision with CAOC in championing consumer rights and providing critical support to those navigating the justice system.

For attorneys and law firms, Rockpoint Legal Funding offers a variety of non-recourse funding solutions, ensuring clients have the financial support they need during ongoing litigation. This commitment aligns perfectly with CAOC's mission to advocate for justice and fairness for California consumers.

As Rockpoint continues to deepen its relationships with legal professionals, events like the CAOC annual convention remain a cornerstone of its outreach efforts. The company looks forward to future collaborations and furthering its impact within the legal community.

For more information about Rockpoint Legal Funding and its services, visit Rockpointlegalfunding.com or call (855) 582-9200.

About Rockpoint Legal Funding

Rockpoint Legal Funding is a leading provider of non-recourse legal funding solutions, serving attorneys and their clients with unparalleled expertise and care. With a mission to empower justice and support favorable case outcomes, Rockpoint is committed to providing financial assistance during critical times, ensuring no one is denied access to legal recourse due to financial constraints.

Nera Capital Secures Additional $25 million in New Funding Deal

By Harry Moran |

Top litigation finance firm Nera Capital is ending the year on a high with the announcement of yet another successfully closed funding deal, this time securing $25 million to bolster UK consumer protection claims.

The funding, secured through a US-based investment partner, reflects yet another significant milestone for the firm as it continues to build momentum and strengthen its foothold in the market. 

This recently closed funding deal builds on a prosperous year of growth for Nera Capital, further demonstrating its capabilities across the globe. The investment will be directed towards advancing claims that protect UK consumers, enabling greater access to justice for individuals seeking redress.

With offices in Dublin, Manchester, and Amsterdam, Nera Capital has consistently demonstrated its commitment to driving innovation and impact in litigation finance worldwide. This latest funding announcement underscores Nera Capital’s ability to forge strategic international partnerships that deliver meaningful results. 

In 2024, Nera have hit record numbers of settlements, deployment and company profitability but also grown major portfolio positions in Europe and the USA.

Aisling Byrne, Director at Nera Capital, commented on the announcement: “We are happy to have closed yet another significant funding deal, further cementing our position as a leading force in consumer protection litigation. We anticipate this initial facility figure will increase as our partnership strengthens and thrives over time.

She added: “This is not just about financial growth; it’s about expanding our ability to make a difference. With this funding, we are reinforcing our commitment to fairness and justice, empowering consumers, and holding organisations accountable.”

The announcement follows the recent launch of Nera Capital’s £250,000 Access to Justice Fund, aimed at providing legal and financial support to those who may otherwise face barriers to justice.

The firm’s efforts come at a time of heightened focus on consumer rights across the world, driven by evolving legal frameworks, increased attention to data privacy, and growing concerns about sustainability and corporate accountability.

“This funding is another step forward in a year of tremendous progress for Nera Capital,” Aisling continued.

“As we look to 2025, we remain committed to leveraging our resources and expertise to protect consumers and advocate for justice on both sides of the Atlantic.“ 

About Nera Capital 

·       Established in 2011, Nera Capital is a specialist funding provider to law firms.  

·       Provides Law Firm Lend funding across diverse claim portfolios in both the Consumer and Commercial sector. 

·       Headquartered in Dublin, the firm also has offices in Manchester and Holland. 

·       Member of European Litigation Funders Association

.     www.neracapital.com