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Burford Capital In GBP200M IPO For Lawsuit Funding
Legal Network | 2009/09/28 17:11
Burford Capital Ltd., a closed-end investment company, said Mondayit wants to raise up to GBP200 million in a share placing on London'sjunior market to mark its place in a small but growing sector of fundsthat help finance companies' legal costs in commercial disputes.

Burford Capital said it will start out by investing in disputesbetween companies in the U.S., as well as in those going tointernational arbitration. Later on, it might expand into to otherjurisdictions, it said. A typical investment is expected to be for morethan $3 million and as high as $15 million.

By providing cash to companies to help foot their legal costs, theGuernsey company will be hoping to pick up a share of any awards orsettlements and then pay out money to its shareholders in the form ofdividends.

It didn't say what percentage of proceeds it would ask for, but similar funds take between 20% and 45%.

The company's investment adviser is Burford Group Ltd., set up by U.S. lawyers Christoper Bogart and Selvyn Seidel.

"Third-party commercial dispute finance is a high growth market,helping plaintiffs or defendants get civil justice," Bogart said in astatement. He said these kinds of investment can generate highlyattractive returns that aren't tied to the performance of stockmarkets.

Bogart's previous jobs include serving as executive vice presidentand general counsel of Time Warner Inc., and as chief executive of TimeWarner Cable Ventures. More recently, he was CEO of Churchill VenturesLtd., a special purpose acquisition vehicle, or SPAC, that dissolved inDecember without having made an investment. He is also general partnerat a private fund, Glenavy Arbitration Investment Fund LP, with asimilar strategy to Burford Capital.

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Dannon Settles Activia Lawsuit
Court Watch | 2009/09/21 18:56

Last year we wrote that Dannon Co.was being sued for claiming that some of its yogurts provide a healthbenefit that other yogurts do not. A class action suit filed inCalifornia’s Los Angeles federal court accused Dannon of falselyadvertising its Activia, Activia Lite, and DanActive products andclaimed Dannon initiated a massive false advertising campaign toconvince consumers to pay more for yogurt containing probiotic bacteria.

Now, reports the LA Times, Dannon just settled the false-advertising lawsuit.The yogurt giant also agreed to create a $35-million fund meant toreimburse those consumers who bought Dannon’s Activia and DanActiveyogurts. Dannon denied the claims and did not admit to any wrongdoing,said the LA Times, but stated that it settled because it wished “toavoid the distraction and expense of litigation,” quoting spokesmanMichael Neuwirth.

Probiotic is a term that means “for life.” The human intestinaltract is filled with a huge amount of helpful, probiotic bacteria,which is a good thing since the human body is designed to havesymbiotic relationships with probiotic bacteria that assist indigestion and destroy harmful microorganisms. Science indicates that asthe body ages, the intestinal tract becomes more rigid at onlyaccepting intestinal flora it recognizes; it is difficult for the bodyto recognize or tolerate new good bacteria. Also, good bacteriadecrease; therefore, it is important to supplement with probiotics,initiating this process early on in life.

Anecdotal evidence suggests friendly bacteria help a variety ofdigestive problems; however, in the United States, no health claims forprobiotics have been approved. The United Nation’s Food and AgricultureOrganization defines probiotics as live microorganisms … which confer abeneficial health effect on the host. In other words, for bacteria tobe considered a probiotic, it must be beneficial to humans. As aresult, if food manufacturers label a food as containing probiotics,the benefits must be proven by research.

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Healthcare Expert Ken Yood Joins Sheppard Mullin
Law Firm News | 2009/08/21 16:12
A press release distributed by Sheppard Mullin today states that Kenneth Yood has joined the Los Angeles/Century City office of Sheppard, Mullin, Richter & Hampton LLP as a partner on the firm's Healthcare team and in the Corporate practice group.  Yood joins Sheppard Mullin from Fulbright & Jaworski in Los Angeles.


Ken Yood represents healthcare providers and healthcare companies, including specialty and general acute hospitals (including local district, nonprofit and for-profit facilities), home health agencies, pharmaceutical vendors, nursing facilities, and health information and management providers. Yood has expertise in Medicare and Medicaid reimbursement and certification, state licensing, and federal regulatory compliance.  He also counsels clients on physician referral law limitations, state and federal fraud and abuse issues, and state and federal false claims and program fraud matters.  Additionally, Yood helps clients operate and establish healthcare compliance programs, as well as internal and external investigations of healthcare facilities.


"Ken is an impressive healthcare attorney with an excellent reputation in the industry, who brings significant knowledge and expertise to the firm.  Ken's experience in healthcare regulatory and reimbursement matters dovetails well with our interdisciplinary healthcare practice.  Additionally, his transactional expertise will be of value to our private equity clients, as investment interest in this area heats up," said Guy Halgren, chairman of the firm.

Commented Yood, "With a growing healthcare group, a well-established position in California and a very strong healthcare labor practice, Sheppard Mullin is a perfect platform for my practice and clients. The firm has an entrepreneurial and collegial culture, which I value highly.  I look forward to working closely with partner Eric Klein in Century City, whole ads the firm's Healthcare team."

Yood received a J.D. from University of New York at Buffalo School of Law in 1989, a M.A. in Public Health from Harvard University in 1990 and a B.A. from Haverford College in 1986.  He has been recognized as a leading healthcare lawyer in Chambers USA: America's Leading lawyers for Business since 2005.

Also today, Louis Lehot joined Sheppard Mullin's Corporate practice group as a partner in the Silicon Valley office from Simpson Thacher & Bartlett in Palo Alto.  Earlier this year, Brian Weimer joined the Sheppard Mullin's Washington, D.C. office and Todd Bissett joined the firm's Shanghai office as partners in the Corporate practice group.  Weimer joined from Latham & Watkins in Washington, D.C. and Bissett joined from O'Melveny & Myers in Beijing.

Sheppard Mullin has 200 attorneys based in its Los Angeles offices (Downtown and Century City).  The firm's Corporate practice group includes more than 100 attorneys firm wide and the Healthcare team includes more than 20 attorneys. 



Weil Poised To Pass $100 Million Mark In Lehman Bankruptcy Fees
Law Firm News | 2009/08/18 16:11
According to The American Lawyer, we may have to scan the dockets of the largest bankruptcies in recent US history to see if any of them produced so much legal work as quickly as the Lehman Brothers Chapter 11 has since the bank filed for bankruptcy almost exactly 11 months ago.

To wit: Weil, Gotshal & Manges filed its second application for legal fees and expenses late Monday, and, if approved, the firm will have crossed the $100 million mark in total billings if one includes so-called hold back payments the court will distribute at a later date.

The second application covers four months -- Feb. 1 through May 31-- and it comes just a few days after Judge James Peck of federal bankruptcy court in Manhattan approved Weil's initial request for about $55 million in fees and expenses for the period of Sept. 15, 2008 through January of this year. As the Wall Street Journal reported Monday, that application got the approval of not only Peck, but also a special fee committee headed up by Kenneth Feinberg (the Obama administration's pay czar).


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