Erso Capital – Investment Highlights 

The following are select examples from Erso Capital’s live investment portfolio, showcasing the diversity of litigation and arbitration matters we are able to consider. If you have a potential opportunity you’d like us to review, please don’t hesitate to reach out at info@ersocap.com  or click here.

  • Judgment monetisation - Erso provided a $15m monetisation payment to judgment creditors seeking to enforce their judgment against blocked assets.

  • LCIA Arbitration - Breach of contract dispute - Erso is funding the claimant in an arbitration arising from a joint venture agreement in the energy sector.

  • Trademark infringement claim - Erso funded the legal fees and expenses for a domestic US company in its claim against a well-known multi-national, alleging infringement of its mark. The plaintiff succeeded via a jury trial in establishing willful infringement.

  • Competitor on competitor patent litigationErso’s investment committee approved a $10mfinancing facility for a US company to assert its patents against its major competitor.

  • ICSID Arbitration - Erso is financing the claimant in a significant value investment treaty arbitration against a Latin American state.

  • Energy Charter Treaty (ECT) Investment arbitration with a quantum value exceeding $800m.

  • Mass consumer dispute - Erso provided a $13.79m (£11m) commitment to finance a mass consumer claim against a well-known manufacturer, alleging breach of statutory duty, claims under the Consumer Protection from Unfair Trading Regulations 2008 (“CPUT”)through to claims in deceit.

  • Breach of trust dispute - Erso is financing the full legal budget for members of an offshore trust that was established to provide an income protection scheme for its members.

  • Antitrust claim - Erso is funding the plaintiff law firm in a $300m+ damages claim in the supply chain of certain consumer products. The claim concerns allegations of anti-competitive behaviour by the defendant.

  • Multi-jurisdictional patent litigation - Erso’s investment committee has approved an investment in a medical device patent assertion campaign which will involve parallel US and European (UPC) litigations.

  • Commercial dispute For damages arising from invalid measures over a trading company. Erso provided a multi-million funding commitment as part of a blended capital and insurance transaction to finance the legal fees and meet security for costs requirements.

  • Financing supporting a law firm’s Damages Based Agreement (DBA)Erso provided a draw down cash flow facility to a law firm to underpin their DBA agreement with a Claimant in respect of a breach of contract claim.

  • Law firm portfolio Erso is providing a financing facility to a US law firm secured against a portfolio of the law firm’s class action cases.

  • Non-recourse patent litigation financing Erso has provided funding to an operating company asserting several device patents against a major infringer which is the market leader in relevant field.

  •  European-based follow-on damages class action - Erso are financing the legal fees, disbursements and foundation expenses of a high-value claim after findings of a European regulator on two cartels in the agribusiness sector.

  • Patent campaignErso has financed the acquisition and assertion in multiple litigations of a patent portfolio relating to digital security, with a funding commitment in excess of $15m.

  • JAMS arbitration - Erso is funding a commercial claimant in a JAMS arbitration being brought against a major multinational for non-payment of sums due under a contract.

  • High Court Professional negligence dispute - Erso is financing a corporate claimant pursuing a professional negligence claim in the FinTech sector.

 

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CJC Review of Litigation Funding – will litigation and arbitration funding diverge?