Selvyn Seidel, Founder and Chair of Fulbrook Capital Management, LLC
Selvyn Seidel founded and chairs Fulbrook Capital Management LLC, an independent third party funding advisor on complex national and international commercial claims. He brings to this position years of experience in litigation, teaching, and writing, referred to below.
Founder and Chair of Fulbrook Capital Management, LLC: Fulbrook has created and occupies a special space in the funding industry, representing claimants who need assistance in:
- Evaluating their claims,
- Preparing and improving the claim for investment, and then,
- If agreed, continuing with this role after funding and through resolution.
- 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 (a hedge fund, a private equity entity, a family office, and others)
Further, and in a way new to the industry, Fulbrook can and does de-link its services and products, so that its role is hand-tailored to the particular needs of the claimant. There is no requirement that a claimant retain the integrated service as a whole; it can choose individual parts.
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.
In suitable situations, Fulbrook acts for an investor.
To achieve its goals, Fulbrook has assembled and coordinates internal and external teams. It has, first, a core team. Next, and to supplement and reinforce this core, it has an extended and extensive team of quality experts.
Fulbrook draws on the experts as needed for a specific case. Third, Fulbrook also has a network of investors that it regularly looks to, marrying the investor’s, the claimant’s, and Fulbrook’s interests. As a fourth leg, Fulbrook has reliable and trusted relationships with selected sources of good claims – such as lawyers and law firms – which have (along with strong market demand and Fulbrook’s recognized and respected place in the industry) created for Fulbrook an active, continuing, long-term inflow of attractive claims.
Fulbrook emphasizes certain areas, including: patents and other IP; international litigation and arbitration; insolvency, and other serious financial distress situations; plus, if the claim is exceptional, added areas such as antitrust, securities fraud, insurance, and basic breach of contract.
Beyond this, Fulbrook is equipped and committed to acting for defendants targeted with claims lacking merit.
As to standing in the industry, Fulbrook has a recognized name. 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 world wide (and, in the Report’s words, “worth knowing”) despite being a more recent entrant in the industry). Additionally, Fulbrook was, consecutively, 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. Fulbrook also received an award from InterContinental Financer Magazine as “Third Party Funding Firm of the Year (2013) – USA.” Furthermore, in November 2013, the Lawyers World, a global publication, after polling subscribers and internally judging the results, chose Fulbrook as the “Third Party Funding Firm of the Year 2013 – USA.” Moreover, in 2014, Corporate LiveWire awarded Fulbrook the Global Award for the “Third Party Litigation Advisory Firm of the Year,” in addition to the Global Award for the “Evaluation of International Arbitration Claims Advisory Firm of the Year.”
Other Experience in Third Party Finance: Mr. Seidel is experienced in the industry. Before Fulbrook, in 2007, he founded and chaired Burford Advisors, an expert advisor in third party finance, and then, in October of 2009, he co-founded and then chaired Burford Group Ltd., the investment manager for Burford Capital, LLC. Burford Capital went public on the UK Aim market of the London Exchange. It is now the largest institutional litigation funder in the world.
Standing in Industry: 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.”
Litigation Experience: Before entering the funding industry, Mr. Seidel practiced as a litigation attorney. He has over 40 years of experience in complex litigations and arbitrations, national and international. He represented business entities in diverse complex projects. Until December 31, 2006 and for almost 25 years, he was a senior partner at Latham & Watkins, a premier international law firm. At Latham Mr. Seidel was a co-founder of Latham’s New York office in 1985, now the firm’s largest office; and was, at different times, the Chairman of its International Practice, the founder and Chairman of its International Litigation and Arbitration practice, and the Chairman of its New York Litigation Department.
Academics: Mr. Seidel 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 currently Chairs the Advisory Board of the Center for
International Commercial and Investment Arbitration Law of Columbia University Law School. He is an Alumnus Lecturer at Linacre College, Oxford University. He is 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 the regular LEXIS NEXIS programs on litigation costing and funding). He has authored many articles and papers in the industry. (See Fulbrook Management.com for references to lectures, presentations, articles and papers)
Media: He is regularly referred to and cited in the media. (See Fulbrook Management.com)
Education: Mr. Seidel is a graduate of the University of Chicago (1964, B.A., Economics), the University of California Berkeley School of Law (1967, J.D., California Law Review) and the University of Oxford (1968, Dip. Law, Linacre College).
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–).
Sandra Sherman, Intellectual Property Manager
Sandra Sherman is Fulbrook’s Intellectual Property Manager. She is also currently Director of Development at the Intellectual Property Law Institute of Fordham Law School.
Previously, Sandra has been in the International Section of the Antitrust Division, U.S. Department of Justice, in the U.S. Department of State, and was a Senior Attorney in the Department of Energy, where she practiced international and administrative law.
Sandra is the author of four books: Finance and Fictionality in the Early Eighteenth Century: Accounting for Defoe, Imagining Poverty: Quantification and the Decline of Paternalism, Fresh from the Past: Recipes and Revelations from Moll Flanders’ Kitchen, and Invention of the Modern Cookbook. She has written over 60 peer-reviewed articles on literature, economics, neuroscience and the law, and culinary history, and she continues to lecture internationally.
She received a J.D. from the University of Pennsylvania Law School, and an LL.M.cum laude in Intellectual Property Law and Information Technology at Fordham. She also holds a Ph.D. in English from the University of Pennsylvania, where she received a Mellon Dissertation Fellowship, as well as a prize for the best dissertation in English.
Sandra has been an Adjunct Professor of English at Fordham, and an Adjunct Professor at Fordham Law School, where she designed a new course on the history and future of copyright. She was awarded a National Endowment for the Humanities Fellowship. She was a Visting Fellow of the Institute for Research in the Humanities, University of Wisconsin-Madison, and also of the Lucy Cavendish College, Cambridge University. She has been a Visiting Scholar at Harvard.
Bahar Simani, Associate
Bahar Simani is an Associate with Fulbrook Capital Management LLC based in the New York City Office. Ms. Simani received her J.D. in 2011 from CUNY School of Law, where she achieved a 3.9 grade point average, along with various other accomplishments. In addition, Ms. Simani graduated Summa Cum Laude and received a B.A. (Anthropology) in 2008 from CUNY Queens College, where she graduated after just 2.5 years and maintained a 4.0 grade point average, along with various honors.