Litigation finance competition heats up in North America

The race for dominance among top commercial litigation financers continued this week, with UK-listed Burford Capital and Australia-listed Bentham IMF announcing that they are hiring Big Law veterans and expanding their operations in North America.

Burford Capital has plans to begin backing intellectual property matters—an area ripe for funding that the firm has previously avoided. It has hired Justin Daniels, a litigator with two decades of experience, to help lead the effort. CEO Christopher Bogart commented that the move is in response to 'clear demand from the market.’

Bentham in Toronto

Separately, Bentham has announced that it has opened an office in Toronto, the first time that a major commercial litigation funder has opened an office in the Canadian market. The move comes after a Canadian judge issued a groundbreaking decision last year allowing a small UK commercial funder to finance litigation against Ontario’s Valeant Pharmaceuticals.

Surge in litigation finance

Burford and Bentham are among the investors leading the charge in the recent surge in the number and scope of litigation finance deals. For example, Burford last month announced a $45m deal to finance a portfolio of pending litigation of a UK-based company, reportedly telecom giant BT Group. The firm also agreed last October to fund plaintiffs powerhouse Hausfeld with $30m to finance German antitrust claims, enabling that firm to launch an office in Berlin.

US market share growing

As for Bentham, it reported on Monday that both its investments and its US market share have been growing. According to Ralph Sutton, the firm’s US chief investment officer, US matters represent 38 percent of the company’s global portfolio and the figure is expected to increase to half in the next few years. Bentham’s head count has also grown in the past year, from seven to 13, including 11 lawyers. Source: The American Lawyer

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