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Case Developments Commercial

Brown Rudnick Announces 2023 Litigation Funding Conference

As the European funding market continues to grow, the demand for industry gatherings and exchanges of ideas between thought leaders is also on the rise, giving way to another industry conference in the coming year. Building on the success of its 2022 event, Brown Rudnick announced its European Litigation Funding Conference 2023, set to be held in London on Thursday 16 March 2023. The one-day conference will feature the firm’s own partners alongside industry leaders from other leading UK and European funders, insurers and service providers. Brown Rudnick’s inaugural conference held in May of this year included speakers from Bench Walk Advisors, Therium, Burford and Deminor. Whilst the agenda for the 2023 event has not yet been released, the 2022 conference saw discussion topics ranging from ‘the rise of class actions’, to the interplay of ‘litigation funding and ESG’.
Commercial

Nimitz Appeals Litigation Funding Disclosure Order in Patent Dispute

In the evolving back-and-forth between disclosure and non-disclosure of third-party funding, it continues to be demonstrated that individual court decisions are the driving force for momentum in either direction. An ongoing patent dispute case in Delaware has reinforced this narrative, as the plaintiff seeks to appeal a court ordered disclosure of any litigation funding arrangements. Reporting by Reuters reveals that Nimitz Technologies has appealed Judge Colm Connolly’s order to reveal the specifics of its relationship with Maxevar, arguing that such information is irrelevant to its lawsuits and should remain confidential. Nimitz maintained its position that Maxevar has acted only as a consultant for the litigation and that it has not received any funding from Maxevar that would fall under Judge Connolly’s standing order to disclose such arrangements. In response to the appeal, the U.S. Court of Appeals has issued a temporary pause on the order, which will also provide the opportunity for the defendants to respond. This case also bears similarity to another of Judge Connolly’s proceedings, VLSI Technology’s patent dispute with Intel Corp, where he ordered a pause to that litigation after stating that VLSI did not sufficiently disclose details around its financial backing. Whilst the outcome of both these disclosure orders is not yet apparent, it is clear that courts will continue to engage in close scrutiny of third-party funding arrangements.
Case Developments Commercial

Alan Dershowitz Ordered to Disclose Identity of Funders in CNN Lawsuit

One of the biggest topics of discussion around litigation funding at present is the issue of transparency, and the extent to which the presence of third-party funding in cases should be disclosed. Whilst this discussion is nothing new within the industry, an ongoing high-profile case has pushed the issue into the spotlight of mainstream commentary. Analysis by the Freedom of the Press Foundation, highlights the ongoing matter of a defamation lawsuit being brought against CNN by the famous lawyer and professor, Alan Dershowitz. The defendant's request that the identity of Mr Dershowitz’s funders be disclosed has now been granted by a federal district court judge.  Magistrate Judge Patrick M. Hunt explained his decision by noting that it is relevant for the court to know whether the plaintiff’s funders are seeking to advance their own agenda, rather than simply supporting Mr Dershowitz’s attempt to seek damages. Mr Dershowitz had previously revealed the existence of third-party funding, the “Alan Dershowitz Legal Defense Fund”, but did not identify which individuals or groups actually contributed to this fund.  Whilst this case differs from the majority of commercially funded litigation, both in its participants and the nature of the case, it does stand out as another data point in the trend of courts growing increasingly active in mandating disclosure of the presence of third-party funders.
Commercial Regulatory Issues

Chamber of Commerce Poll Finds Majority of US Voters Support Disclosure of Litigation Funding

With the issue of disclosure at the forefront of industry commentary, those who seek to limit the influence of third-party funding are ramping up pressure to have legislation enacted which would mandate disclosure of funding agreements. Following on from a recent study, which argued that third-party funding posed a risk to America’s national security, the Chamber of Commerce recently conducted public opinion research to take the pulse of voters on the issue. The Chamber’s Institute for Legal Reform released the results of a poll conducted on the day of the midterm elections, asking 800 voters whether they supported the idea of mandatory disclosure for third-party funding agreements. The poll found that a majority of voters, 69%, supported such a proposal, with broad support from voters across the political spectrum. The poll also reported that an even greater majority of voters, 82%, opposed the idea of allowing foreign governments to invest in litigation targeting American companies. Whilst the Chamber’s position on litigation funding is well-established, industry leaders will need to bear in mind that a wide swathe of voters are in favour of greater disclosure, especially when framed as an issue of foreign interference in domestic legal proceedings involving American businesses.
Consumer

Guilty Plea in New York Slip and Fall Fraud

New York attorney Marc Elefant has reversed his previous non-guilty plea, now pleading guilty to one count of conspiracy to commit wire fraud in the organization of a lucrative slip and fall scheme. Elefant is accused of coordinating the trip and fall scam with fellow attorney, George Constantine, and physicians Andrew Dowd and Sandy Riberio, between 2013 and 2018. According to Reuters, Elefant worked with co-conspirators to recruit victims to stage slip and fall accidents. The victims would undergo unnecessary surgeries that would be paid for by litigation funders. As part of the conspiracy, litigation investor Adrian Alexander was also charged with a role in the slip and fall fraud run by Elefant.  Prosecutors claim that the trip and fall scheme was organized to fake personal injuries. Allegedly, surgeries were required if victims wanted to proceed with a slip and fall claim to maximize the fraud's potential returns. According to Reuters, individuals saw little-to-no recovery from their claims with most of the monies distributed between the co-conspirators. 
Commercial Fundraising

Omni Bridgeway Explores Ukraine ‘War-Time’ Compensation Fund 

Many have predicted Russia's inevitable economic fallout stemming from its war in Ukraine. Omni Bridgeway has announced the formulation of a task force dedicated to monitoring the war in Ukraine with a mandate to explore various ways of retrieving compensation from damages and other losses caused by Russia's invasion.   On LinkedIn, Mr. Mikolaj (Miko) Burzec says that Omni Bridgeway is working with various stakeholders to carve out ways forward for the Ukraine Compensation Fund. Omni Bridgeway is looking to work with individuals or organizations who are victims of direct economic losses from Russia's war with Ukraine. The firm will consider claims over 1 million euro for actions taken by Russia from 27 February 2014 to present.  Furthermore, Omni Bridgeway says that the Ukraine Compensation Fund will operate on a contingency "no success, no fee" basis. All upfront legal fees and other costs will be covered by Omni Bridgeway, with success agreements arranged with clients beforehand.  To learn more, email: ukraine@omnibridgeway.com.
Commercial Deals

Partnership between Sentry Funding and Verify 365 aims to Streamline Compliance Process

As the litigation funding industry continues to mature, the focus of industry leaders will naturally shift from providing the core service of capital provision, to finding ways to innovate and modernize the practice. A new partnership between the UK’s largest panel of litigation funders and a software company demonstrates this drive to optimize the customer experience. This week’s announcement of a partnership between Sentry Funding and Verify 365 looks to set the industry benchmark for anti-money laundering (AML) and client verification practices in the litigation funding industry. The partnership will allow Sentry to utilize Verify 365’s Digital Onboarding Platform, to optimize the process of onboarding new clients in terms of AML/KYC verification. Sentry Funding’s commercial director, Tom Webster, stated that the primary benefits for the company will be increasing both the speed and transparency of compliance checks when working with new law firms and clients. Rudi Kesic, CEO of Verify 365, highlighted that his firm’s platform will allow funders to reduce any fears or hesitation from clients that working with litigation funders could lead to potential issues around fraud or money laundering.
Commercial Legal Innovation

ME Litigation Funding Recognised as Tech Trailblazer

Litigation funders face similar challenges as big banks and traditional lenders, needing to both fulfill their core financial role to customers while also competing within the rapidly evolving marketplace driven by technology. Therefore, it is no surprise that funders who are able to demonstrate the agility of a fintech are being recognized for their digital capabilities. Featured in an article by WIRED, Manchester-based ME Litigation Funding has been highlighted as a ‘Tech Trailblazer’ in the Northwest of England. The collaboration between WIRED Consulting and HSBC UK has sought to identify companies across the UK who are standouts in their respective industries, for their innovation and fast-growth. ME Litigation Funding was recognized by the initiative for its underwriting platform, which automates the entire process of underwriting claims and seeks to maximize the speed and efficiency of the process for clients. Rob Cooper, CEO of ME Litigation Funding, highlighted the importance of talent attraction and retention for a fintech company that relies on having skilled employees with technical expertise.
Announcements Commercial Legal Innovation

GLS Capital Recognized in 2022 Global IP Strategist List

GLS Capital, one of the world's largest private investment firms focused on litigation finance, is honored to have (3) IP Strategists named to IAM's Global IP Leaders List in 2022, including Adam Gill, Jamison Lynch and Joel Merkin all receiving recognition. Intellectual Asset Management ("IAM") is the trusted source of worldwide news, analysis and data regarding intellectual property. IAM publishes its annual IAM Strategy 300, which showcases the top experts throughout the global IP industry, acknowledging leaders from in-house, private practice and service provider roles. The rankings are based on qualitative analysis from leading market experts, across the major IP markets in North America, Europe and Asia. Upon the recognition, Adam Gill, Managing Director of GLS Capital, shared the following statement: "On behalf of GLS Capital, I, along with my colleagues Jamie Lynch and Joel Merkin, are thrilled to be named to IAM's Strategy 300 List for 2022. We value this recognition as GLS was built on helping patent owners protect their IP and supporting partnerships with transparency, integrity, and responsiveness. We're humbled that IAM has included GLS every year since our inception." GLS Capital provides litigants and law firms with capital they need to pursue their cases or to manage risk; this approach enables clients to focus on what is important: growing their business, cultivating relationships, and keeping the lights on.  For more information about GLS Capital, please visit the corporate website, or call 312-900-0169; to learn more about IAM and their 2022 Strategy 300 Global Leaders Guide, click here.