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Commercial Regulatory Issues

Singapore Introduces Path to Conditional Fee Agreements

Singapore recently passed a Legal Professional (Amendment) Bill that permits CFAs (conditional fee arrangements) in international arbitrations. This change, introduced by the Legal Professional (Amendment) Act 2022, is said to improve the options to share risk among the involved parties. Burford Capital explains that these reforms represent a natural progression of Litigation Finance in international arbitration cases, which was adopted into law in Singapore in 2017. The legislation is similar to what was passed in Hong Kong last year, which uses outcome-related fee structures for arbitrations. Singapore is poised to become a destination jurisdiction for certain types of cases—and this legislation promises to expand that. To wit, Singapore is currently on par with London as a preferred locale for arbitration. Runaway legal costs have increased demand for flexibility in payment structures and risk tolerance. The new legislation promises to give Singapore a more competitive standing, as many surrounding jurisdictions already allow a greater array of risk-sharing options. This will also be a benefit to those pursuing arbitration—affording parties access to better legal representation and minimizing legal costs. That begs the question: Who is best able to take on the risks associated with these cases? Litigation Finance professionals can provide funding as they take on the risk associated with the cases they choose to fund. Funders are adept at evaluating cases for funding, ensuring that the most meritorious cases have their day in court. Those funders who already maintain a presence in Singapore are perhaps best suited to take advantage of this new legislation.
Announcements Consumer

Oasis Financial Becomes Libra Solutions as Offerings Grow

Oasis Financial announced today the change of its parent company name to Libra Solutions. The change was filed on January 10, 2022, and the company formally launched the new name February 23, 2022. “The name Oasis Financial is synonymous with pre-settlement funding, and it will remain the name of the country’s preeminent pre-settlement funding solution,” said Greg Zeeman, Chief Executive Officer of Libra Solutions. “But our recent growth and acquisitions significantly expand our ability to support current and new customers and necessitated a name change. We are much more than pre-settlement funding, and it is time for a name to match.” The growth of the Oasis Financial portfolio began in 2017 with the acquisition of Key Health, a California-based leader in medical lien funding. In 2021, Oasis Financial acquired Probate Advance, the largest provider of inheritance funding, and that same year, Oasis Financial joined forces with MoveDocs, a Nevada-based provider of medical lien management technology. Together, the portfolio offers solutions for heirs with inheritance in probate, personal injury plaintiffs awaiting settlement, and the attorneys and healthcare providers dedicated to helping them recover. “We chose the name, Libra Solutions, as a reflection of what we do,” said Zeeman. “Libra is Latin for ‘scales,’ as in the scales of justice. Our product portfolio helps balance the scales of justice for those involved in long, drawn out legal processes – providing financial options to help wait it out, and technology to help speed it along, so everyone has a chance for a fair outcome.” About Libra Solutions Libra Solutions works closely with customers and industry advisory groups with one focus – to help level the playing field in slow-moving legal processes. With origins dating back to 1996, we were founded by attorneys, healthcare providers, and innovators who saw that the legal system was not working for many. Today, our solutions have helped hundreds of thousands of clients, their attorneys, and medical providers achieve positive outcomes through funding and technology to speed and transform cumbersome processes. Libra Solutions continues to innovate, leveraging technology and financial strength to help plaintiffs, heirs, and those who serve them succeed. As of December 2021, Libra Solutions has helped over 750,000 clients, their attorneys and healthcare providers overcome slow moving legal systems. To find out more, visit www.librasolutionsgroup.com.
Commercial

Third-Party Funding Utilized by Resolution Professionals in India

Insolvency is a growing problem for businesses, especially in light of the COVID pandemic. Recently, an indebted company in Faridabad, India, was able to raise enough interim funds to cover the operations budget, despite being in the midst of insolvency. Economic Times India details that during the Corporate Insolvency Resolution Process, RPs must pay processional fees, for maintenance of machinery and workspaces. When companies cannot meet these expenses, RPs are increasingly relying on third-party interim finance. This concept is called debt-in-possession, and has become increasingly popular in Australia, Canada, the UK, and the US. LegalPay, one such funder, targets mid-market businesses for interim funding in India. Recently, LegalPay provided funds to allow Yashomati Hospitals to continue to run through the insolvency process. This type of funding is gaining steam throughout the region, where insolvency laws have recently expanded to welcome the use of third-party legal funding. As one legal professional put it, investors are willing to invest when there’s certainty toward recovery—especially for manufacturing companies or those involved with infrastructure.
Commercial Deals

How Litigation Finance Can Help with COVID Claims

Despite our best efforts, COVID is still raging. Precautions, closures, delays, and supply chain issues persist. What can businesses do to mitigate the effects of COVID? Omni Bridgeway notes some important things companies and legal teams need to consider as COVID continues to impact us. First, we need to appreciate that limitation periods may be expiring. Companies that have set aside legal claims like various commercial disputes, breach of contract, and even IP matters may find that deadlines to file may be nearing expiration. That said, legal funding may allow these businesses to pursue claims without adding debt to balance sheets. Funders can also help determine which cases are viable to pursue, and which aren’t. Opportunity exists for those who strike while the iron is hot. COVID has introduced unprecedented opportunities for mergers, public offerings, expansion, and attracting new talent. Third-party funding can provide businesses with the funds they need to pursue these opportunities. Funders can also assist in enforcing awards from slippery sources. While COVID is not a legal excuse for violating contracts, courts have come to accept that the definition ‘ordinary course’ has changed due to the virus. No business should be expected to operate as if COVID was a non-issue. Still, funders can determine whether a case exists when clients believe they’ve been harmed by COVID-related conduct.
Commercial People Moves

Validity Finance Welcomes Michelle Eber

US-based legal funder Validity Finance is pleased to announce the addition of Michelle Eber to its team. Validity Finance details that Eber will handle patent cases, including vetting new cases for funding and the management of existing cases. Formerly of Baker Botts, Eber has a degree from the University of Texas Law with honors, and graduated magna cum laude from the University of Pennsylvania. She is reportedly thrilled to join the team, and looks forward to helping clients maximize the value of IP assets.
Announcements Case Developments Commercial

UK Competition Appeal Tribunal Certifies Collective Action Against Shipping Companies For Overcharging Customers

The UK Competition Appeal Tribunal (CAT) has certified a collective action against multiple maritime car carriers who operated an illegal cartel to manipulate car shipping prices. Certification clears the way for the class action filed by consumer rights champion Mark McLaren, who has instructed has instructed Scott+Scott UK LLP as solicitors on behalf of consumers and businesses who purchased or leased new cars or vans, to proceed to trial. Over 17 million cars are said to have been affected by a price-fixing scheme run by the named international shipping firms. If the collective action is successful, anyone who bought or leased an affected vehicle will be automatically entitled to compensation. Customers affected include those who bought from Ford, Vauxhall, Volkswagen, Peugeot, BMW, Mercedes-Benz, Nissan, Toyota, Citroen and Renault between October 2006 and September 2015. The claim value is up to £60 per new car bought or leased and class members will be able to claim in respect of more than one vehicle. Anyone who wishes to register their interest can do so here: https://www.cardeliverycharges.com/ The proceedings against Nissan Motor Car Carrier Co. Ltd, Kawasaki Kisen Kaisha Ltd, Nippon Yusen Kabushiki Kaisha, Eukor Car Carriers Inc and Compañía Sudamericana de Vapores S.A. were filed in February 2020, following the European Commission’s decision in 2018 to fine these shipping companies €395 million for fixed prices and rigged bids for roll-on, roll-off (“RoRo”) transport of vehicles. The claim, estimated to be worth £150 million, seeks to recover damages for individual customers and businesses who overpaid for their car as a result of higher delivery charges. This differs from earlier claims filed in relation to the RoRo cartel that represented car manufacturers. Scott+Scott is a specialist dispute resolution firm at the forefront of the evolving collective action regime in the UK judicial system. Scott+Scott is working with an experienced barrister team led by Sarah Ford QC of Brick Court Chambers. Woodsford Litigation Funding is funding the collective action. Mark McLaren said: “The CPO is a crucial step in our case, and we are delighted at the CAT’s decision to authorise our claim to move forward. We look forward to securing compensation for the millions of UK consumers impacted by the cartelists’ illegal behavior” David Scott of Scott+Scott UK LLP said: “This is an important judgment for class members, but also for the UK collective actions regime as a whole.  When granting the collective proceedings order, the Tribunal correctly noted that collective proceedings such as this claim are important for ensuring that wrongdoers like the shipping companies modify their behaviour.” For additional information or to register interest please visit https://www.cardeliverycharges.com/
Commercial Fundraising Legal Innovation

Validity Launches New Fund to Support the Wrongfully Convicted

When people serve hard time for a crime that they did not commit, the entire societal fabric suffers. And when the innocent are eventually vindicated, oftentimes they face a difficult re-acclimation process back into normal life. Validity Finance has stepped in to help right these wrongs with a groundbreaking new fund.  Announcing the new fund this month, Validity plans to help cover living expenses and legal financing to pursue civil claims for the wrongfully convicted. Sometimes decades after being initially incarcerated, just the idea of freedom is the only hope a human being can dream of. The thought of a long fight for remuneration may seem too onerous to take on. Validity aims to help ease such pains with its new exoneree fund.  To help get selected individuals off the ground, Validity will provide up to $100,000 for those who have been vindicated after five or more years of incarceration. The fund aims to work with state, county or city governments to right the wrongs.  Read more about Validity's new exoneree fund by clicking here. 
Announcements Consumer

Alliance for Responsible Consumer Legal Funding (ARC) Teams Up with Money Management International (MMI) to Offer Customers Access to Financial Resource Site

The leading trade association for the consumer legal funding industry, Alliance for Responsible Consumer Legal Funding (ARC), a nonprofit organization, announces the relaunch ARCFinanciallyFit.com (Financially Fit), a website providing consumers with tools to achieve financial wellness, bolster emergency savings, and better prepare for a rainy day. ARC teamed up with the nonprofit Money Management International (MMI) to offer an easy-to-digest web platform. ARCFinanciallyFit.com presents the best expert resources to help consumers combat a financial crisis, form healthy spending habits, and prepare for the future. The site also offers free one-on-one budgeting help through partnership with MMI, one of the largest and longest-serving financial counseling agencies in the country. “Unfortunately, most Americans are living paycheck to paycheck, and if that income stream gets interrupted, they start to spiral,” said Eric Schuller, President of ARC. “When an emergency is thrust into a consumer’s life, like a car accident or a personal injury, they usually need some help in getting through those difficult times. By providing resources like ARCFinanciallyFit.com, ARC Members can be an ally to consumers on their journey to long-term financial wellness.” A 2021 survey by PYMTS.com found that up to 70% of millennials live paycheck to paycheck. This further illustrates a significant financial gap many Americans face in the event of an emergency situation, such as an automobile accident or sudden injury. The same study found that even a significant number (39%) of those earning over $100,000 a year are living paycheck to paycheck. “Consumers reach out to us because they are in a bind financially and they are in need of assistance,” said Charles W. Price, CEO of Capital Now Funding, an ARC Member. “Offering our clients a resource like ARCFinanciallyFit.com enables us to continue helping clients long-term, not just for their short-term financial needs. Financially Fit is an excellent resource and one we hope consumers will utilize to help them regain their financial footing.” “Our entire mission is to help those in need,” added Reid Zeising, Founder and CEO of Cherokee Funding, another ARC Member. “We are committed to access to care for all, and the ability for plaintiffs to meet short term financial needs while awaiting a fair settlement. When settlement does come, we believe ARCFinanciallyFit.com will provide essential nonprofit guidance and resources to our clients, and we look forward to sharing this important resource with them.” ”Regardless of age or income level, financial emergencies often lead to feelings of embarrassment and shame among impacted individuals,” said Jim Triggs, President and CEO of MMI. “Research has shown that stigma and fear of judgment prevents many consumers from taking action, but confidential and compassionate help is just a click or phone call away. Our experienced, certified, and empathetic counselors welcome ARC Member customers to lean on MMI as they navigate the financial challenges that come with life’s unexpected twists and turns.” About ARC The Alliance for Responsible Consumer Legal Funding (ARC) is a diverse coalition of consumer legal funding providers, consumers, academics, community activists, policy makers, and other supporters. It was established to preserve legal funding as a choice for the many Americans who have suffered an unexpected economic loss due to an accident and have a pending legal claim. Legal funding can help families pay for immediate personal needs such as rent, mortgages, car repairs, utilities, and groceries while they wait for their claims to settle fairly. ARC promotes practices and regulations that lead to informed decisions between individuals and their attorneys, so that families have more options—not fewer. ARC advocates at the state and federal levels to recommend regulations that preserve consumer choice. ARC member providers handle the majority of all legal funding transactions in the United States. About MMI Money Management International (MMI) is changing how America overcomes financial challenges. MMI helps create, restore, and maintain a life of financial wellness through empowered choices. For over 60 years, our clients have achieved financial confidence through nonprofit programs that educate, motivate, and liberate. MMI inspires action by delivering expert professional guidance and timely solutions aligned with our client's goals. Experiencing a financial challenge? Find your solution 24/7 at 866.980.2227 and MoneyManagement.org.
Announcements Case Developments Commercial

Court decides that groundbreaking £150m class action on behalf of UK car buyers can proceed

London’s specialist competition court, the Competition Appeal Tribunal, has today given the green light to a class action on behalf of millions of motorists and businesses, who bought or leased a new car between October 2006 and September 2015, to claim against 5 shipping companies that imported cars into Europe.

The European Commission (EC) has already found that the maritime car carriers fixed prices, rigged bids and allocated the market for roll-on, roll-off (“RoRo”) transport.  According to the EC, the carriers had agreed to maintain the status quo in the market and to respect each other’s ongoing business on certain routes, or with certain customers, by quoting artificially high prices or not quoting at all in tenders for vehicle manufacturers.

The class action, which benefits from significant financial backing from Woodsford, follows on from the EC decision. It is one of the first of its kind to be filed in the UK and is estimated to be worth around £150m in damages for car buyers.

The Tribunal has authorised the claims to continue as collective proceedings, meaning that millions of motorists and businesses who bought or leased a new car between October 2006 and September 2015 could be in line for compensation because of the additional cost passed on in the price of their vehicles by the higher transport charges which resulted from the operation of the cartel. These individuals and businesses will now automatically be represented at court, unless they choose to leave – or opt out – of the claim.

The Tribunal confirmed that a special purpose company led by Mark McLaren, formerly of The Consumers' Association, will act as the Class Representative. He is represented by the London office of international law firm Scott + Scott, and barristers from Brick Court chambers, funded by Woodsford.

Woodsford’s Chief Investment Officer, Charlie Morris, commented: “This is an important milestone in the promotion of collective redress in the UK, which allows consumers and small businesses to achieve compensation for the wrongs committed by big business. Woodsford, a business dedicated to holding corporates to account and delivering access to justice, is proud to support Mr. McLaren, who is now much closer to obtaining compensation for the millions of consumers and businesses who have been overcharged.”

Steven Friel, Woodsford’s Chief Executive Officer, commented:  “This is a huge success for consumer redress in the UK, and I am proud of Woodsford’s significant part in it. This victory in Mark McLaren’s case relating to car delivery charges follows hot on the heels of a similar victory in Justin Gutmann’s case relating to train fares. Both are backed by the team here at Woodsford, which is now clearly established as the most successful ESG and litigation finance business in this area of UK collective redress. My only regret is that big corporate defendants, even after they have been found to have acted unlawfully, continue to use their significant legal and financial resource to fight technical arguments, with the goal of delaying compensation payments to consumers. The cartelists in this case should not have objected to certification of this class action. Now that the Court has thrown out their futile objections, they should settle the case and allow UK consumers to receive the compensation they are owed.”

Individuals and businesses who bought or leased a new car or van in the UK between October 2006 and September 2015 should visit cardeliverycharges.com.

About Woodsford

Since 2010 Woodsford has been helping to hold corporates to account for their egregious behaviour. Whether it is helping consumers achieve collective redress, ensuring that inventors and universities are properly compensated when Big Tech infringes intellectual property rights, or helping shareholders in collaborative, escalated engagement up to and including litigation with listed companies, Woodsford is committed to ESG and access to justice. Working with most of the world’s leading law firms, our strength lies in the combination of our legal experience, investment, business and technical expertise, together with significant financial resources.

Woodsford is a founder member of both the International Legal Finance Association (ILFA) and the Association of Litigation Funders of England & Wales (ALF).