Burford posts booming financials as income from investments in litigation shoots up 127%
Litigation funding leader announces it has tripled its investment commitments on new cases
March 14, 2018 at 02:50 PM
4 minute read
The original version of this story was published on The American Lawyer
Some of the biggest cases in Big Law are creating a boom at Burford Capital, where investors are reaping the benefits from a soaring stock price.
That is one takeaway from the financial results reported on Wednesday (14 March) by the world's largest litigation finance firm, which saw its share price surge nearly 30% in intraday trading. In two years, Burford's shares have risen more than 500%.
Last year, the financier's income from investments in litigation rose 127% to $318m. That helped Burford's net profit after tax jump 130% to $265m.
Burford's management said it was poised to continue its stellar growth streak. In January, the firm disclosed that it had committed $1.34bn to new investments, up from $378m in 2016. In the first two months of this year, Burford said it committed $128.5m to 12 new investments. By this time in 2016, the firm had made just a lone $1m investment.
Burford, whose shares trade on the London Stock Exchange's AIM market, has now generated $773m from concluded cases since its founding in 2009.
"This is not a small dataset. It's not a fluke," said Burford's chief investment officer Jonathan Molot in a Wednesday conference call with investors.
The business is now generating vast amounts of work with top US law firms. Last year, Burford said it worked with 70% of the biggest 100 firms in the US on potential investments. It currently is funding cases handled by 40 firms.
Burford's portfolio of cases now numbers 877 in more than 30 jurisdictions, the firm said. Its largest relationship with a law firm, which Burford has declined to name, comprises 14% of those cases, and more than 30 partners at that firm are involved in the work. Molot described that firm on Wednesday as "a global, enormous firm".
Management said that half of the cases that law firms reached out to Burford with interest in financing were valued by claimants at more than $100m. The average size of its commitments has steadily increased, rising last year to $24m, compared with $11m in 2015 and $3m in 2013.
While litigation funding began and still continues to involve funding for one-off cases, Burford has increasingly turned to what it calls "portfolio financing", where it provides a law firm a large chunk of money in exchange for returns tied to a pool of cases.
That type of financing has come to dominate Burford's business. Last year, the firm committed $726m to portfolio deals, while just $72m went to single cases.
Burford's CEO Christopher Bogart (pictured top) a former litigation associate at Cravath Swaine & Moore who once served as general counsel for Time Warner, said in a Wednesday conference call that law firms often start their relationship with Burford via one-off cases before committing a larger portion of their litigation to funding.
"What law firms have learned is [by] taking our financing and the portfolio facility, they can then offer clients true alternative billing arrangements," Bogart said. "It has become a business development tool for lawyers."
Bogart said the numbers reflected in his firm's annual report are "across-the-board" records. But he added there is "significant room for growth", especially with acceptance of the litigation funding model on the rise among large law firms and their partners.
A study commissioned by Burford last year found that 36% of law firms reported they had used a litigation funding firm on a case. While that was up from 7% in a 2013 survey, Bogart said it meant there are many more partners who could utilise Burford or other funders' services.
"There is no question there is significant appetite for use of our investment in the legal sector, a sector that has been historically starved for capital," Bogart said. "Lawyers and clients are both embracing the opportunities that come from having capital available to them."
- This year's Banking Litigation and Regulation Forum, which will take place in London on 14 June, will focus on topics chosen by an advisory board comprising partners and barristers from Linklaters, Cleary Gottlieb Steen & Hamilton, Slaughter and May, Allen & Overy and One Essex Court. Click here for more information.
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