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Qanlex Refines its Latin America Strategy

By Harry Moran |

Qanlex is one of the few litigation funders focused on providing third-party financing in Latin America, with a dedicated presence in the region. The funder leverages a sector-specific strategy for targeting lucrative case types.

Speaking with América Economía, Qanlex’s general counsel for Latin America, Juliana Giorgi, emphasised that in order to gain a foothold in the competitive litigation funding market, the firm has leveraged “the development of technology.” Giorgi goes on to explain that its in-house software “searches for cases in judicial databases that might interest us due to the value of the claim or the nature of the process”, allowing Qanlex to find suitable claims to finance in the different countries it operates in.

Beyond the use of technology to refine its strategies, Qanlex has also chosen to focus on specific sectors that generate valuable disputes in Latin America. Whilst the construction sector has been a particular area of interest, Qanlex has also found opportunities for niche areas within different jurisdictions. As Giorgi explains: “In Ecuador we have several energy cases that include thermoelectric plants; in Costa Rica, cases of tourist real estate development; in Colombia, oil and energy cases."

Regardless of the sector, Gorgi acknowledges that Qanlex is “open to analyzing and financing any range of cases as long as they include a liquid asset transfer at the end of which the fund can take the remuneration.”

Litigation Funding Found to be “Not Relevant” in E. Jean Carroll’s Sexual Abuse and Defamation Case Against Donald Trump

By John Freund |

The Second Circuit upheld the $5 million verdict in Carroll v. Trump, rejecting President Trump’s claims of trial court errors, including the handling of litigation funding evidence. Trump’s legal team argued that litigation funding for E. Jean Carroll’s lawsuit, provided by an anonymous nonprofit, was relevant to her credibility and potential bias. The court disagreed, emphasizing that such evidence had minimal probative value.

As reported in Reason.com, the court noted that Carroll’s case was primarily taken on a contingency fee basis, with supplemental funding obtained by her legal team in 2020. Carroll had little involvement with the funding arrangement, learning about it after the fact and having no subsequent discussions with her counsel about it for years. The appellate court agreed with the trial court’s finding that Carroll’s lack of engagement with the funding made it irrelevant to assessing her credibility.

Trump’s team had argued the funding demonstrated bias or a politically motivated agenda, but the court dismissed this, highlighting that Carroll publicly accused Trump of sexual assault long before the funding was secured. Additionally, Carroll and her key witnesses had openly acknowledged their political opposition to Trump, making the funder’s potential political affiliations redundant in establishing bias.

The court emphasized that litigation funding rarely impacts credibility and that introducing such evidence risks unfair prejudice and jury distraction. This decision reinforces the judiciary's cautious approach to litigation funding disclosure in trials.

Emmerson PLC Obtains $11M in Funding for Moroccan Dispute

By John Freund |

Emmerson PLC, the mining company focused on the development of the Khemisset potash project in Morocco, has secured $11 million in legal funding for its dispute against the Moroccan government.

As reported in Business Insider, Emmerson obtained the funding from an unnamed legal funder. The proceeds will be used to commence with arbitration proceedings, with white shoe law firm Boies Schiller Flexner LLP being appointed litigation counsel.

LFJ recently reported on Emmerson's search for litigation funding, including that it is pursuing an investment dispute over the government’s alleged breaches of a bilateral investment treaty (BIT) between Morocco and the United Kingdom. Emmerson is seeking to establish itself as a low-cost, high-margin supplier of potash on the African continent.

We will keep you updated as this story progresses.

Tribeca Lawsuit Loans To Provide Legal Funding To Transferred FCI Dublin Prisoners

By John Freund |

Two lawyers, Susan Beaty and Kara Janssen, have been actively advocating for the women of FCI Dublin and have uncovered alarming reports of sexual harassment and assault. The incarcerated women have since been relocated to various federal prisons across the country, including a facility in Aliceville, Alabama.

Tribeca Lawsuit Loans provides pre-settlement funding to empower the FCI Dublin victims to pursue justice during this difficult time.

Abuse Persists After FCI Dublin's Closure

Earlier this year, the FCI Dublin was shut down due to the pervasive sex abuse scandal involving prison staff. As a result, the women incarcerated were relocated to different federal prisons nationwide, including Aliceville in Alabama. Instead of finding relief and rehabilitation, more reports of abuse and retaliation have emerged for speaking out against the past misconduct that occurred in Dublin.

According to Beaty and Janssen, multiple women relocated to FCI Aliceville experienced harassment because of their affiliation with the Dublin scandal. Additionally, several women came out claiming that they were sexually assaulted by the guards at Aliceville.

These series of abuses and their nature deeply ingrained within the system highlights the flaws within the Bureau of Prisons (BOP). Although the BOP has conducted investigations and mass interviews, this did little to give security and restore trust among incarcerated women. Reports of poor confinement conditions and lack of access to mental health services only make it harder for these women to deal with the trauma.

Tribeca's Commitment to Human Rights

Tribeca Lawsuit Loans is deeply committed to respect for human rights, including the right to safety and dignity even in correctional facilities. Understanding the need for justice in these circumstances, Tribeca introduces its initiatives to provide lawsuit loans for the victims of abuse at FCI Dublin and other federal prisons.

Legal battles against large institutions like the BOP can be a huge undertaking and could require significant resources. Most of the victims and their families don't have the financial means to pursue their cases, especially in instances of mistreatment and abuse.

Tribeca Lawsuit Loans aims to empower the victims by aiding them financially to secure skilled legal representation and cover necessary expenses without upfront costs.

Tribeca Lawsuit Loans to Provide Legal Funding for Prison Abuse Victims

Tribeca Lawsuit Loans extends financial assistance to prisoners at FCI Aliceville and other related facilities through lawsuit cash advances, also known as pre-settlement loans, based on the class action lawsuit filed against the Bureau of Prisons. This legal action addresses the allegations of misconduct and abuse within federal prisons, emphasizing cases of sexual abuse involving prison staff.

Tribeca's dedication extends beyond financial support. It is a catalyst for systemic change within the federal prison. By collaborating with victims, lawyers and advocacy groups, Tribeca hopes to bring these injustices to the forefront and hold the responsible parties accountable.

If you or someone close to you require financial support in the middle of an ongoing case, don't hesitate to reach out. Call us now at (866) 388-2288 or apply online via our secure online form.

ABOUT US: TRIBECA Capital Group is a litigation finance company funding those across the nation involved in lawsuits, and need an upper hand financially to level the playing field.

Funders Assess Challenges and Opportunities in 2025

By Harry Moran |

Leading funders in the US and UK have been asked to identify the challenges that they are facing, as well as the opportunities they are looking towards in 2025. Respondents included senior executives at Omni Bridgeway, Therium, Parabellum Capital, Harbour Litigation Funding, Balance Legal Capital, Burford Capital, and Bench Walk Advisors.

An article in Legal Business explains that the continued calls for tighter regulation and oversight of litigation finance were top of mind for many of the funders interviewed. This was particularly highlighted in the United States, where opposition to third-party funding was characterized by Therium’s Neil Purslow as “a hostile approach to the industry from US corporates”. Matthew Harrison of Omni Bridgeway and Dai Wai Chin Feman from Parabellum were both clear in saying that the actual regulators are not inherently adversarial towards funders, with Feman stating that “there is a lot of noise but there is always noise” from those who would seek to restrict third-party funding.

Meanwhile, UK funders are growing increasingly frustrated with the new government’s gradual approach to resolving the impact of the Supreme Court’s PACCAR decision, as the industry must now wait until the completion of the Civil Justice Council’s report next year. Purslow lamented the government’s inaction and pointed towards the previous parliament’s Litigation Funding Agreements (Enforceability) Bill as the obvious solution, arguing that “there was a fix available and it could and should be done”. Oliver Hayes from Balance Legal Capital similarly described the current situation as “undesirable”, but expressed hope that “the government provides a fix which clarifies the position and resolves the questionable challenges being run by defendants around the legality of funding agreements.”

Looking ahead to the opportunities open to funders, Omni Bridgeway’s Harrison suggested that the perception of funding has shifted away from only being a solution for ‘David versus Goliath’ situations, as “many CFOs, GCs, and big firms understand that litigation finance is a very valuable risk and cost mitigation tool.” As funders continue to look to diversify their investments, Mark King at Harbour noted that in the UK, “we are seeing an increased interest in credit finance facilities with law firms”.

CJEU Judgment Prohibits Outside Investment in Law Firms

By Harry Moran |

A recent judgment from the Court of Justice of the European Union (CJEU) ruled that EU member states can block law firms from accepting external investment in order to protect lawyers’ independence and comply with their professional obligations. The court found that EU directives governing the freedom of establishment and free movement of capital, “must be interpreted as not precluding national legislation” that prohibits third-party ownership of law firms.

Reporting in Legal Futures explains that the ruling arose following preliminary questions submitted by a German court which was overseeing a dispute between law firm Halmer Rechtsanwaltsgesellschaft and the Rechtsanwaltskammer München (Munich Bar Association). Halmer had informed the Munich Bar Association that it had sold 51 of its 100 shares to an Austrian company called SIVE Beratung und Beteiligung GmbH (SIVE). The bar association responded by informing HR that the transfer of shares was prohibited under the German Federal Lawyers’ Code, and subsequently revoked Halmer’s registration with the bar association. 

The Court of Justice’s ruling on these questions found that it was permissible for member states to block this kind of outside investment, noting that “economic considerations focused on a purely financial investor’s short-term profit could prevail over considerations guided exclusively by the defence of the interests of the law firm’s clients.” André Haug, vice-president of Germany’s Federal Bar Association, welcomed the European court’s decision and highlighted that its ruling concurred with the German government’s position that “the ban on third-party ownership is justified in order to guarantee the independence of lawyers.”

The case that came before the court was of sufficient significance that it attracted attention from member states across the continent, with observations submitted on behalf of the German, Spanish, French, Croatian, Austrian and Slovenian Governments.

The CJEU’s full judgment can be found here.

CAT Rules in Favour of BT in Harbour-Funded Claim Valued at £1.3bn

By Harry Moran |

As LFJ reported yesterday, funders and law firms alike are looking to the Competition Appeal Tribunal (CAT) as one of the most influential factors for the future of the UK litigation market in 2025 and beyond. A judgment released by the CAT yesterday that found in favour of Britain’s largest telecommunications business may provide a warning to industry leaders of the uncertainty around funding these high value collective proceedings.

An article in The Global Legal Post provides an overview of the judgment handed down by the CAT in Justin Le Patourel v BT Group PLC, as the Tribunal dismissed the claim against the telecoms company following the trial in March of this year. The opt-out claim valued at around £1.3 billion, was first brought before the Tribunal in 2021 and sought compensation for BT customers who had allegedly been overcharged for landline services from October 2015.

In the executive summary of the judgment, the CAT found “that just because a price is excessive does not mean that it was also unfair”, with the Tribunal concluding that “there was no abuse of dominant position” by BT.

The proceedings which were led by class representative Justin Le Patourel, founder of Collective Action on Land Lines (CALL), were financed with Harbour Litigation Funding. When the application for a Collective Proceedings Order (CPO) was granted in 2021, Harbour highlighted the claim as having originally been worth up to £600 million with the potential for customers to receive up to £500 if the case had been successful.

In a statement, Le Patourel said that he was “disappointed that it [the CAT] did not agree that these prices were unfair”, but said that they would now consider “whether the next step will be an appeal to the Court of Appeal to challenge this verdict”. The claimants have been represented by Mishcon de Reya in the case.

Commenting on the impact of the judgment, Tim West, disputes partner at Ashurst, said that it could have a “dampening effect, at least in the short term, on the availability of capital to fund the more novel or unusual claims in the CAT moving forward”. Similarly, Mohsin Patel, director and co-founder of Factor Risk Management, described the outcome as “a bitter pill to swallow” for both the claimants and for the law firm and funder who backed the case.

The CAT’s full judgment and executive summary can be accessed on the Tribunal’s website.

Sandfield Capital Secures £600m Facility to Expand Funding Operations

By Harry Moran |

Sandfield Capital, a Liverpool-based litigation funder, has reached an agreement for a £600 million facility with Perspective Investments. The investment, which is conditional on the identification of suitable claims that can be funded, has been secured to allow Sandfield Capital to strategically expand its operations and the number of claims it can fund. 

An article in Insider Media covers the the fourth capital raise in the last 12 months for Sandfield Capital, with LFJ having previously covered the most recent £10.5 million funding facility that was secured last month. Since its founding in 2020, Sandfield Capital has already expanded from its original office in Liverpool with a footprint established in London as well. 

Steven D'Ambrosio, chief executive of Sandfield Capital, celebrated the announced by saying:  “This new facility presents significant opportunities for Sandfield and is testament to our business model. Key to our strategy to deploy the facility is expanding our legal panel. There's no shortage of quality law firms specialising in this area and we are keen to develop further strong and symbiotic relationships. Perspective Investments see considerable opportunities and bring a wealth of experience in institutional investment with a strong track record.”

Arno Kitts, founder and chief investment officer of Perspective Investments, also provided the following statement:  “Sandfield Capital's business model includes a bespoke lending platform with the ability to integrate seamlessly with law firms' systems to ensure compliance with regulatory and underwriting standards.  This technology enables claims to be processed rapidly whilst all loans are fully insured so that if a claim is unsuccessful, the individual claimant has nothing to pay. This is an excellent investment proposition for Perspective Investments and we are looking forward to working with the management team who have a track record of continuously evolving the business to meet growing client needs.”

Australian Google Ad Tech Class Action Commenced on Behalf of Publishers

By Harry Moran |

A class action was filed on 16 December 2024 on behalf of QNews Pty Ltd and Sydney Times Media Pty Ltd against Google LLC, Google Pte Ltd and Google Australia Pty Ltd (Google). 

The class action has been commenced to recover compensation for Australian-domiciled website and app publishers who have suffered financial losses as a result of Google’s misuse of market power in the advertising technology sector. The alleged loss is that publishers would have had significantly higher revenues from selling advertising space, and would have kept greater profits, if not for Google’s misuse of market power. 

The class action is being prosecuted by Piper Alderman with funding from Woodsford, which means affected publishers will not pay costs to participate in this class action, nor will they have any financial risk in relation to Google’s costs. 

Anyone, or any business, who has owned a website or app and sold advertising space using Google’s ad tech tools can join the action as a group member by registering their details at www.googleadtechaction.com.au. Participation in the action as a group member will be confidential so Google will not become aware of the identity of group members. 

The class action is on behalf of all publishers who had websites or apps and sold advertising space using Google’s platforms targeted at Australian consumers, including: 

  1. Google Ad Manager (GAM);
  2. Doubleclick for Publishers (DFP);
  3. Google Ad Exchange (AdX); and
  4. Google AdSense or AdMob. 

for the period 16 December 2018 to 16 December 2024. 

Google’s conduct 

Google’s conduct in the ad tech market is under scrutiny in various jurisdictions around the world. In June 2021, the French competition authority concluded that Google had abused its dominant position in the ad tech market. Google did not contest the decision, accepted a fine of €220m and agreed to change its conduct. The UK Competition and Markets Authority, the European Commission, the US Department of Justice and the Canadian Competition Bureau have also commenced investigations into, or legal proceedings regarding, Google’s conduct in ad tech. There are also class actions being prosecuted against Google for its practices in the ad tech market in the UK, EU and Canada. 

In Australia, Google’s substantial market power and conduct has been the subject of regulatory investigation and scrutiny by the Australian Competition and Consumer Commission (ACCC) which released its report in August 2021. The ACCC found that “Google is the largest supplier of ad tech services across the entire ad tech supply chain: no other provider has the scale or reach across the ad tech supply chain that Google does.” It concluded that “Google’s vertical integration and dominance across the ad tech supply chain, and in related services, have allowed it to engage in leveraging and self-preferencing conduct, which has likely interfered with the competitive process". 

Quotes 

Greg Whyte, a partner at Piper Alderman, said: 

This class action is of major importance to publishers, who have suffered as a result of Google’s practices in the ad tech monopoly that it has secured. As is the case in several other 2. jurisdictions around the world, Google will be required to respond to and defend its monopolistic practices which significantly affect competition in the Australian publishing market”. 

Charlie Morris, Chief Investment Officer at Woodsford said: “This class action follows numerous other class actions against Google in other jurisdictions regarding its infringement of competition laws in relation to AdTech. This action aims to hold Google to account for its misuse of market power and compensate website and app publishers for the consequences of Google’s misconduct. Working closely with economists, we have determined that Australian website and app publishers have been earning significantly less revenue and profits from advertising than they should have. We aim to right this wrong.” 

Class Action representation 

The team prosecuting the ad tech class action comprises: 

  • Law firm: Piper Alderman
  • Funder: Woodsford
  • Counsel team: Nicholas de Young KC, Simon Snow and Nicholas Walter