Fulbrook occupies a special space in this industry, basically acting as an investment advisory firm in the industry. It began operations in 2013.
It represents claimants who need assistance in: evaluating their claims or portfolios of claims; preparing and/or improving and/or qualifying the claims for investment, and prosecution. It thensourcescapital for the claim. In this aspect, Fulbrook identifies and attracts potential investors, typically from a network of investors it has, knows, and trusts. This network consists of (a) the institutional dedicated financing providers, as well as (b) from non-institutional, situational investors interested in committing only a portion of their capital into Dispute Finance (e.g., a family office, pension fund, hedge fund, or a private equity entity).
Fulbrookalso represents investors in various ways. In this, itattractsand vetsclaims, assisting indeterminingif the claims or portfolio of claims are investment-worthy, and in overseeing and supporting prosecution of those claims that are financed.
If needed and acceptable within a jurisdiction’s rules, Fulbrook will assist in buying, selling, or otherwise trading the claim or the claimant itself.
Fulbrook has recently also entered a new specialty that it has designed: evaluating claims and defenses for purposes of due diligence, and of trying to resolve disputes. This is a space in need of help, Fulbrook believes, because others– like lawyers and law firms– cannot or will not act in the area.
This specialty can assist (a) parties engaged in a merger or acquisition, or a lending or investment transaction, or (b) claimants and/or defendants, as well as courts, arbitrators, mediators, and others, in that it provides an independent objective expert view of the claims and defenses and tries with that to encourage settlement.
Another new area, springing from a decided demand, is managing, overseeing, monitoring, and advising on complex litigations and arbitrations. This service enhances supervision through profressional oversight; reduces and makes more efficent the expensing; and, sometimes most important, frees time of the client for business needs.
Overall, Fulbrook emphasizeseducation inthe industry and how it works and might be improved. Learning and teaching about the industry, with accurate objective information, is at the center of all that Fulbrook does.
Fulbrook emphasizes certain areas, particularly: international litigation and arbitration; insolvency, and other serious financial distress situations; patents and other IP; fraud and corruption, and; mediation in high-stake disputes. In special circumstances, it will also work on other meritorious claims, such as those involving oil and gas, antitrust, securities fraud and, insurance and reinsurance, whistleblowers, and serious breach of contract claims.
In a report by two think tanks that discussed Dispute Finance, Fulbrook was identified along with four other entities, as among the “prominent third-party funders” in the industry worldwide. Additionally, Fulbrook has been recognized for being the leader worldwide, in the U.S., and in N.Y. in various aspects of the Dispute Finance industry, by close to 100 polls and citations since its inception of operations in 2013. The most recent award came from the National Law Journal, a respected publication in the U.S., which ranked Fulbrook second in the country (behind Burford, which Mr. Seidel co-founded and chaired).