Selvyn Seidel, Founder and Chair of Fulbrook Capital Management, LLC
Selvyn Seidel founded and chairs Fulbrook Capital Management LLC. Fulbrook is an independent third party financing advisor on complex national and international commercial claims.
Fulbrook has created and occupies a special space in the funding industry, representing claimants who need assistance in: evaluating their claims; preparing and/or improving the claim for investment, and prosecution; and/or sourcing capital – where Fulbrook identifies and attracts potential investors for the claimant and its claim, from (a) the institutional dedicated third party funders, as well as (b) from individual investors interested in committing only a portion of their capital into litigation finance (e.g., a family office, pension fund, hedge fund, or a private equity entity).
If needed by the claimant and acceptable within a jurisdiction’s rules, Fulbrook will assist in buying, selling, or otherwise trading the claim or the claimant itself.
Fulbrook emphasizes certain areas, particularly: patents and other IP; international litigation and arbitration; insolvency, and other serious financial distress situations; and mediation in general and high stake disputes. In exceptional circumstances, it will also work on other claims, such as those involving oil and gas, antitrust, securities fraud, insurance, and serous breach of contract claims.
In a recent Report by two think tanks that discussed Funders, Fulbrook was identified along with four other entities, as among the “prominent third-party funders” in the industry worldwide. Additionally, Fulbrook has been awarded ACQ Magazineʼs Global Award as the “Third Party Litigation Advisory Firm of the Year,” in both 2013 and 2014, based on international surveys taken from its over 50,000 subscribers, in addition to InterContinental Financer Magazine’s “Third Party Funding Firm of the Year (2013) – USA.” In November 2013, the Lawyers World, a global publication, after polling subscribers and internally judging the results, recognition as the “Third Party Funding Firm of the Year 2013 – USA.” In 2014, Fulbrook received Corporate LiveWire’s Global Award for the “Third Party Litigation Advisory Firm of the Year,” and its Global Award for the “Evaluation of International Arbitration Claims Advisory Firm of the Year.” Also in 2014, Fulbrook was awarded Dealmakers Magazine’s Global Award for the “Leading U.S. Third Party Funding Firm of the Year,” in addition to its Annual Award for the “Third Party Funding Firm of the Year – USA.” Furthermore, in 2014, Fulbrook received InterContinental Finance Magazine’s Award for the “Leading US Third Party Funding Firm of the Year,” in addition to the Manhattan Business Recognition Award for the “2014 Best of Manhattan Awards for Management Services.” Most recently, in 2015, Fulbrook has been awarded the following awards: 2015 Corporate International Magazine’s Legal Award for the “International Finance Law Firm of the Year in New York”; Professional Sector Network’s Global Award for the “Capital and Fund Management Practice of the Year”; Corporate LiveWire’s Global Award as the “Third Party Litigation Advisory Firm of the Year”; InterContinental Finance Magazine’s Award as a “2015 Top 250 Leading Firm”; Corporate LiveWire Innovation & Excellence Award for “Most Outstanding Third Party Litigation Advisory – USA”; and InterContinental Finance Magazine’s Global Award for “Most Trusted Third Party Funding Firm of the Year – USA.”
Before Fulbrook, in 2007, Mr. Seidel founded and chaired Burford Advisors, an expert advisor in third party finance, and then, in October of 2009, co-founded and chaired Burford Group Ltd., the investment manager for Burford Capital, LLC, which has gone public on the UK Aim market of the London Exchange, and is now the largest institutional litigation funder in the world.
Mr. Seidel is recognized in the industry as a pioneering voice. He was described in the Report referred to above as “probably the frontrunner in the industry,” and is usually described as a leader or the leader in the industry.
Before Burford and Fulbrook, Mr. Seidel practiced as a litigation attorney for over 40 years in complex litigations and arbitrations, specializing in international. In 1985, he co-founded the New York office of Latham & Watkins, a premier international law firm. Until December 31, 2006 and for almost 25 years, he was a senior litigation partner at Latham and was, at different times, the Chairman of the firm’s International Practice, the founder and Chairman of Latham’s International Litigation and Arbitration practice, and the Chairman of its New York Litigation practice.
Mr. Seidel has been and is an active educator. He was for ten years an Adjunct Professor of Law at the New York University School of Law, teaching courses related to litigation and arbitration. He is an Alumnus Lecturer at Linacre College, Oxford University. He Chairs the Advisory Board of Oxford Law Alumni of America. He lectures on third party finance and participates in conferences and presentations at various law schools in the U.S. and UK (including Harvard Law School, Columbia Law School, Oxford Law, and the University of Iowa Law School), and at various Institutes (such as the RAND Institute of Civil Justice, and at LEXIS NEXIS programs on litigation costing and funding). He is the past chairman of the Advisory Board of the Center for International Commercial and Investment Arbitration Law of Columbia University Law School. He has authored many articles and papers in the industry.
C. MacNeil Mitchell, President
Neil Mitchell joined Fulbrook in March of 2013 from Winston & Strawn LLP, where he had been a Senior Litigation Partner in its New York Office since 2000, and prior to that since 1975 in the same capacity with a Winston predecessor firm. He obtained his B.A. from Yale University in 1964 and his J.D. from the University of California School of Law in Berkeley in 1967. In his long career as a premier trial lawyer, Neil litigated major disputes in numerous state and federal courts and before many different arbitral tribunals for over forty years, concentrating in international commercial and investor-State arbitrations for the last ten years. For the last eight years, he co-led the Winston team representing the Republic of Ecuador in its high stakes investment treaty arbitration against Texaco and Chevron over pollution of the Amazon by the latters’ allegedly imprudent crude oil exploration and production. Before that, he practiced general litigation, with sub-specialties in insurance coverage cases, CERCLA (Superfund) hazardous site cleanup litigation, oil & gas law, bankruptcy court practice, institutional lender representation in bond issuer default situation, business contract disputes, pharmaceutical product liability and securities and consumer class actions.
Neil brings to Fulbrook extensive experience in not only active trial litigation, but also in mediation and other forms of alternative dispute resolution. He has had extensive experience in counselling and representing financial institutions at critical junctures, such as after bond issuer or borrower defaults. For example, over his trial lawyer career he represented many trustees and institutional creditors, such as trust companies and major banks (including JP Morgan Chase, Bank of New York Mellon, HSBC and Wells Fargo), in their respective capacity as indenture trustee (for publicly issued bonds) or as administrative and collateral agent (for syndicated loan facilities), in both domestic and international issuer/borrower default litigation. As a result, he has acquired and brings to Fulbrook a broad experience and knowledge base acutely focused on litigation economics and risk evaluation, particularly in the arena of international and cross-border business and financial disputes.
Swethaa Ballakrishnen, Managing Director (Legal Services)
Ms. Ballakrishnen is an expert in global legal services. She brings unique expertise in developing solutions that offer the most cost effective and task efficient claim redress. Her areas of expertise are outsourcing, global value chains, and legal solution markets.
She has focused her attention on building a global network of legal service and knowledge outsourcing providers who together are available to service potential clients and claimants. Her knowledge of the outsourcing industry stems from a long association with the key players in the market. Ms. Ballakrishnen’s ability to use these networks to offer custom-made consultations offers wholesome legal solutions to potential clients. She is currently working on expanding these connections to Thailand, Indonesia and South Africa in an effort to diversify the breadth of possible innovative solutions that Fulbrook can employ and recommend.
As an international practitioner and legal consultant, Ms. Ballakrishnen has been working with providers and key players associated with the legal services industry since 2004. She was an international finance lawyer with the Mumbai offices of India’s largest law firm, Amarchand Mangaldas & Suresh A. Shroff & Co., an intern at the Supreme Court of India with Justice A. Pasayat and a lecturer of international markets and legal methods at two national law schools in Hyderabad and Bhopal, India. In the past, she has conducted extensive studies on the Indian legal and knowledge outsourcing industry, the careers of international legal professionals and the value of global legal education. She is an Associate Fellow at the Program on the Legal Profession and her work has been funded by Harvard Law School, the Stanford Graduate Research Office, the Onati International Institute for the Sociology of Law and the Law and Society Association.
Harvard Law School (LL.M’08, Inlaks Scholar); National Academy of Legal Studies and Research (B.A., B.L (Hons), NALSAR’04); Stanford University, Department of Sociology (PhD Candidate, 2009–).