Trending Now

All Articles

3833 Articles
Commercial

Woodford Equity Class Action Moves Forward

Law firm Leigh Day is on its way to getting justice for the roughly 4,000 investors in the now-defunct Woodford Equity Income Fund against Link Fund Solutions. In fact, the corporate directors could find themselves in High Court within the next few months. Portfolio Adviser explains that Leigh Day sent an LBA to Link on behalf of investors who lost money due to the Woodford Equity collapse. The letter asserts that the fund was mismanaged, and that Link did not maintain reasonable levels of liquidity. It went on to say that the failure was avoidable had proper diligence taken place. Link has been given three months to respond to charges that they used shady tactics to circumvent rules meant to prevent this type of failure. These include listing unquoted securities on the ISE in Guernsey, improper trades with other funds managed by Woodford, and unquoted companies canceling and then reissuing shares. Leigh Day is using third-party litigation funding, which means claimants won’t have to foot the bill for legal representation. This is precisely the sort of case litigation funding is meant to aid. Ordinary citizens defrauded by Link will now see their day in court. Leigh Day spokesman Boz Michalowska stated that Link failed to take the steps needed to protect investor interest.
Commercial

Does Third-Party Legal Funding Carry National Security Risks?

Influence. It’s one of the key concerns that lawmakers have about third-party litigation funding. The fear is that funders, who do not have a direct connection to a legal dispute, yet fund it in the hopes of earning a share of the award, may unduly influence decisions about the case that may adversely impact courts, plaintiffs, or defendants. So what happens when funded cases involve one or more federal governments? Defense One details that in some instances, litigation isn’t used strictly to address grievances. Litigation can also be used unscrupulously to cause delays, for harassment, to publicly humiliate someone, or to gain access to confidential information that can’t be obtained by other means. There are laws against malicious litigation, but some say that the increase in access to the global legal theater may render these laws insufficient to prevent grievous harm. As litigation funding grows in popularity, so do the cries to regulate and control the practice. Some say it’s time to look at the impact this practice can have on national security. For example, as transparency laws come into effect, disclosures once kept private may now be widely shared. These waters are murky, as jurisdictional inconsistencies lead to confusion on a global scale. While the legal funding industry has done a commendable job of self-regulating, their guidelines for conduct and best practices are not legally binding, nor are they accepted industry-wide or worldwide. Now, industry and government leaders are questioning how transparency provisions should be altered in order to protect national security interests. Therein lies the issue. We cannot know if foreign or malicious interference is happening without meaningful transparency laws. Foreign lobbying, global connections, and jurisdictional discrepancies all engender the need to amass data, as well as gain input from industry leaders, and find ways to mitigate the risks inherent to disclosures and transparency among third-party funders in multinational cases.
Commercial

Adam Silverman Joins Omni Bridgeway Singapore

A new, Singapore-based Investment Manager has joined Omni Bridgeway.  Omni Bridgeway details that Adam Silverman is a former dispute resolution lawyer with global expertise. His solicitor qualifications span England, Wales, and Hong Kong. Silverman spent six years on the dispute resolution team of Freshfields Bruckhaus Deringer and in the Litigation and Regulatory Department of Bank of American Merrill Lynch. Silverman is expected to be responsible for sourcing and vetting investment opportunities and overseeing cases funded by Omni Bridgeway. His experience with arbitration, insolvency, litigation, claims monetization, and portfolio funding makes him a valued addition to the team. As global demand for legal funding grows, Omni Bridgeway remains an industry leader, having funded the first financed insolvency claim in Hong Kong. The Aussie-based funder was an early supporter of arbitration cases in Singapore and Japan, and also helped found the Indian Association for Litigation Finance.
Commercial

Enhanced Damages Award Granted in IP Case

Treble damages have been called the white whale of IP and patent law. For contingency lawyers, treble damages—an award where the damages are multiplied by three because of willful infringement—can be a dream come true.  Above the Law details that in reality, only a tiny percentage of patent cases end with an enhanced damages award. When one does, it’s generally of interest to the entire legal community. Sometimes, the details are entertaining as well. A patent case involving EagleView and Xactware Solutions is one such example. Both tech companies compete with similar products and an overlapping customer base. EagleView amassed a large portfolio of patents, and in late 2019, was awarded a $125 million verdict in a case involving five different patents. Rather than taking the money and running, EagleView noted the discovery of willful infringement and used that to try to secure treble damages. The trial judge agreed, awarding damages in the maximum allowable amount. In the end, EagleView wound up with the original award, incidentals, costs, and an additional $375 million in enhanced damages. It is possible that this number will be reduced on appeal, or perhaps via settlement. While the court decision is long, it can be boiled down to a few points:
  • Defendants acted with the express intent to lure EagleView’s customers and decrease their reach.
  • Enhanced damages in this case are a punitive measure, meant to chastise and to dissuade others from similar tactics.
  • The court was put off by the acrimonious and borderline underhanded nature of the trial itself, and the unnecessarily nasty discovery process.
Given the conduct described, it’s understandable how the court could make the enhanced damages award. If the award survives a Federal Circuit court appeal, it could set a precedent that’s likely to be repeated.
Commercial

Burford Roundtable: COVID-Inspired Changes in Litigation Finance

Burford Capital is in the midst of assembling a study of how CFOs can make better use of legal funding. Finance professionals Amanda Parness, Michael Curran, and Jim Kilman lend their thoughts to the discussion. Burford Capital begins by gauging the interest in financial products that mitigate risk from claims that might not otherwise be litigated. Parness: CFOs and corporate advisors have a responsibility to look into innovative alternate sources of monetization. Looking at the value of pending litigation or awards should be standard. Curran: Lending certainty to cost estimates is a big deal, and can have a direct and immediate impact on the finances of a business. When operating funds are low or COVID has taken a toll, legal funding becomes even more attractive. Burford: Is COVID spurring the changes we’re seeing now in terms of legal departments thinking more commercially? Kilman: While COVID is accelerating the momentum of these changes, many were already underway long before. Legal departments are generally a cost center for businesses. But funding can reduce cost, lower risk, and bring in spendable income at a time when funds are low. Curran: The changes we’re seeing now will likely be long-lasting, and will almost certainly be more creative and commercially minded for the foreseeable future.
Commercial

A New Resource for Litigation Funding Fundamentals

Litigation Finance began as a way to expand access to the legal system for those who could not otherwise afford it. Funders could provide non-recourse cash to a promising case in exchange for a percentage of any award. If the case fails, the funder loses its investment. Third-party legal funding is still used this way, but has also expanded to portfolio funding, claims monetization, and more. Omni Bridgeway explains that once legal and business professionals understand the basics of legal funding, they’re more likely to see the many possible benefits. With this in mind, the firm has developed a primer on the industry. The resource material includes a brief history of litigation funding and its relation to champerty laws that may still impact its implementation in some jurisdictions—though that’s becoming rarer by the year. It goes on to discuss how legal funding is defined, and the various forms it can take. Benefits discussed include the flexibility of legal funding, and how it can level the playing field between ordinary claimants or plaintiffs versus huge corporations or even governments. Explanations of non-recourse funding, risk-sharing, and what one should expect when inquiring about funding for a case are all detailed. Ultimately, Omni Bridgeway is committed to ensuring that the public and private sector grow mindful of the benefits that can be realized through the use of Litigation Funding.
Commercial

After CIO Departs, Partners Capital Plans for Future

Partners Capital has been through a lot in the last year. Arjun Raghavan became the CEO in July of last year. Since then, the firm has hired a new managing director and a head of ESG. Last month, Colin Pan departed as CIO. Despite the internal reshuffling and the impact of COVID, Partners Capital reportedly enjoyed its best year ever. Institutional Investor details that Pan will stay on at PC for a further six months before he departs to begin his own investment startup. Partners Capital is known for making investments in third-party legal funding, a legal service that expands access to justice for those who could not otherwise afford it. Raghavan expressed regret at Pan’s departure, but is quick to assert that PC maintains a wealth of talent that together, can fill the chasm left by Pan.
Announcements Commercial

Siltstone Capital Raises Initial Litigation Finance Fund

Siltstone Capital, LLC ("Siltstone"), a Houston, Texas based investment and advisory firm, announced the successful closing of Siltstone Capital Litigation Fund, L.P. (the "Fund"). Siltstone, through its affiliate Litigo Financial, LLC ("Litigo"), will invest in commercial litigation across the United States, and welcomes the opportunity to provide capital to litigants to pursue their claims fully. The Fund will focus on commercial litigation, with a unique focus on energy and patent litigation. Founded in 2013, Siltstone strives to create lasting value for its stakeholders though organically sourced alternative investment opportunities that offer downside protection with significant upside potential. Siltstone believes that its rare combination of investment and legal expertise will help solve real-world legal problems on behalf of clients, in a budgetary sensible way. Siltstone's mission is to make a meaningful difference for clients by focusing on clarity, fairness, and innovation. Robert Le, Siltstone's Co-Founder and Managing Partner, commented, "With our investment acumen, in-depth sector focus, and unique skillset to identify compelling legal cases to fund, we believe that we will be able to deliver significant value to our litigants and investors for years to come." Litigo handles all of the legal due diligence in-house and uses a proprietary software platform that integrates with AI in order to efficiently assess the merits of each case. Mani Walia, who serves as Managing Director and General Counsel at Siltstone, leads the Fund's efforts. Earlier in his career, Mr. Walia clerked for both Judge Jane R. Roth of the United States Court of Appeals for the Third Circuit and Chief Judge Hayden W. Head of the United States District Court for the Southern District of Texas. Additionally, Mr. Walia practiced law at Susman Godfrey in the Houston Office, where he litigated high-profile cases. Mr. Walia stated, "We believe that there are significant opportunities when it comes to investing in litigation finance. We are also particularly excited to bring our in-house legal expertise, investment, and technology experience to this space and are honored to help plaintiffs who need capital to pursue their claims even the playing field."
Commercial

Burford Roundtable: CFO Wish List for Legal Teams and Firms

Litigation funders already know that legal assets can be a source of revenue for businesses—especially those left strapped for operating funds during COVID. The problem? Finance departments may not realize funding is an option. To bridge this knowledge gap, one leading funder conducted an informal survey of finance professionals. Burford Capital details a range of perspectives on various subjects. Below are some key takeaways: Subject: Challenges of Affirmative Recovery Amanda Parness: A good CFO must balance cash flow, timing, and the overall impact that litigation can have. Planning for every step in the process with estimates and cost caps are essential. Michael Curran: General counsel often doesn’t consider the legal department to be a money-maker and therefore may be applying the wrong metrics when determining how to proceed with a case.  Subject: The Illiquid Nature of Corporate Legal Assets Jim Kilman: Commercial claims are often overlooked by CFOs, but if they understood how easily those claims can be turned into liquid assets—they’d probably find that option attractive. Parness: CFOs are less likely to consider that a potential award is a monetary asset, and this needs to change. Subject: Barriers to Facilitating Legal Finance Curran: Valuation can be a stumbling block if CFOs don’t have a credible person to determine the value of legal assets. CFOs must be fully informed of the facts in order to make a decision with confidence. Kilman: A partner with deep expertise or relevant niche experience can make a profound difference. Ideally, a CFO needs someone to offer unique, relevant, new ideas and can back them up with funding and experience.