Big Law Is Now Big Into Lit Funding: The Morning Minute
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March 25, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
CAPITAL GAINS - When you think of litigation finance's target demographic, Big Law is probably not the first segment of the legal industry that comes to mind. But that could be about to change. As Law.com's Dan Packel reports, large law firms significantly stepped up their use of lit funding in 2021, according to a new report released Wednesday by broker Westfleet Advisors, with the share of total funding commitments that were made to firms in the Am Law 200 rising by 46% from the previous year. These firms were privy to 41% of the 426 new deals initiated by litigation funders in the past calendar year, a total figure that was well up from the 312 deals closed in 2020. And 53% of the portfolio deals, which involve a group of multiple cases, inked in the same interval went to Am Law 200 firms, up a striking 488% from 2020. "They are using portfolio deals in greater numbers and with greater [amounts] of capital allocated to that," Westfleet founder Charles Agee said of Big Law. So what's going on? Agee speculated that this growth among the Am Law 200 is a consequence of both greater comfort with the ethics of litigation funding among law firm lawyers and also the greater ease of pursuing portfolios in particular. "It can be laborious and time consuming to raise capital case-by-case," he said. "There are strong business reasons why firms are putting these broader multi-case arrangements in place."
LIVIN' LA VIDA VUCA - As Law.com's Heather Nevitt writes in this week's Law.com Barometer newsletter, if there was one overarching theme at Legalweek 2022 from in-house leaders, it's that they are in a VUCA environment. For those who haven't heard that term before, it's become a trendy managerial acronym for "volatility, uncertainty, complexity, and ambiguity." To be fair, we're pretty much all on a permanent vacation in VUCA-ville right about now. But for CLOs, it's on a whole other level. As Nevitt notes, legal department leaders are constantly trying to navigate the shifting sand beneath their feet on a daily basis while also trying to anticipate what is around the corner. Max Hübner, managing director of Novagraaft Netherlands, said weathering the insanity requires building the right team. "When looking at our workforce: think ahead," Hübner said. "What do you need for skill sets by the end of this year and next year? Do not worry too much about knowledge, the difference is made in skills: business savvy, resilience, flexibility and tech-savvy. The world will be VUCA for a while, this calls for anticipating continuous changing challenges." To receive the Law.com Barometer directly to your inbox each week, click here.
WHO GOT THE WORK?℠ - David H. Bernstein, Megan K. Bannigan and Justin C. Ferrone from Debevoise & Plimpton have stepped in to represent hotel operator Standard International Management in a pending trademark infringement lawsuit. The suit, filed Feb. 17 in New York Southern District Court by Baker & Hostetler on behalf of JWR Holdings and real estate firm Landmark Properties Inc., pursues claims against Standard for its ongoing use of 'the standard' mark. The case, assigned to U.S. District Judge Louis L. Stanton, is 1:22-cv-01364, Jwr Holdings, LLC et al v. Standard International Management, LLC. >>Read the complaint on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
NSFW - TikTok and its parent company ByteDance were hit with an employment class action Thursday in California Northern District Court on behalf of thousands of current and former content moderators. The suit, backed by the Joseph Saveri Law Firm, claims that the defendants failed to provide a safe workplace for contract workers tasked with reviewing videos and preventing posts with objectionable or violent content. Counsel have not yet appeared for the defendants. The case is 3:22-cv-01883, Young et al v. ByteDance Inc. et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Every Black Law Dean in the US Signs Letter to Senate Supporting Jackson's SCOTUS Nomination By Christine Charnosky |
In Our New Hybrid Future, Are Offices a Luxury Good? By Dan Packel |
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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