News and analysis dedicated to the commercial litigation funding sector including regulatory issues, case developments, funding activities, and more.

As we turn the corner into 2020, Bloomberg Law analyzes the results of its own Litigation Finance Survey to account for the challenges and opportunities facing the industry at this pivotal moment. 

Ross Asset Management (RAM) investors are suing Australia and New Zealand Banking Group (ANZ), alleging that the bank breached its fiduciary duties to investors. The first legal hurdle has emerged, with ANZ filing a ‘strike-out’ application, asking the court to dismiss the motion entirely. 

A UK Court of Appeal has approved the enormous U.S.-style class action against Google in the now infamous ‘Safari workaround’ claim. 4 million claimants will be represented in an opt-out action brought by Mishcon de Reya and backed by Therium Capital Management. 

IMF Bentham is funding a shareholder class action against New Zealand-based CBL Corp., claiming the company failed to disclose that the Reserve Bank of New Zealand had been investigating its solvency for several years. CBL has since entered liquidation, leaving many shareholders out in the cold.

The judge in a product liability MDL in the U.S. District Court for the District of New Jersey has rejected the defense’s motion to discover whether the plaintiff is using litigation funding. 

45 general counsel and chief legal officers have signed a letter which requests that the Committee on Rules of Practice and Procedure amend the Federal Rules of Civil Procedure as pertains to three specific areas of MDL litigation: census of claims, interlocutory appellate review, and litigation funding. 

The recent LF Dealmakers conference in NYC highlighted several key issues facing the funding industry. And there exists a clear overlap between litigation funding and IP, given that IP is the most-funded legal sector at the moment (additionally, the organizer of LF Dealmakers, Wendy Chou, hosts an annual IP Dealmakers event). So naturally, one of the topics discussed at LF Dealmakers is how IP lawyers should interact with the funding market. 

Burford Capital has commissioned a study by Joshua Mitts of Columbia Law School which found that there is indeed evidence to back the funder’s claim that it was the victim of market manipulation in the wake of the Muddy Waters attack which shed 50% of the stock’s valuation in a single day. Burford is presenting the study in court to compel the London Stock Exchange to release the names of the short-seller sho it says manipulated the trading. 

Third party funding is taking off in India, thanks in part to a robust construction and infrastructure sector that is asset and debt-heavy, yet encumbered with the prospect of litigation. 

New Zealand government insurer Southern Response wants to eschew a Court of Appeals order that  a portion of its settlement go to litigation funder Claims Funding Australia. Maurice Blackburn and Claims Funding took over representation for 3,000 claimants after a New Zealand court allowed an opt-out class action for only the second time in history. Southern Response is weighing an appeal to the decision, preferring to deal with the claimant pool directly. 

Defunct New Zealand firm Felted Carpets – which collapsed just two years after its IPO – is being sued on behalf of over 3,000 investors. Harbour Litigation Funding had funded the claim up through 2015, with ‘Stage 2 Funding’ coming from a group of investors including Joint Action Funding. Now, the Supreme Court has ordered a $1.65MM security for costs order, which the plaintiffs are contesting. 

The latest issue of Harvard Law School’s Center on the Legal Profession’s ‘The Practice’ magazine features a robust examination of the litigation finance industry, including how the industry operates, who the major players are, how deals get done, and what law students should do to secure a career in legal finance. 

Well, how often does this happen? A government agency officially declares itself unconstitutional. That’s what the Consumer Financial Protection Bureau (CFPB) just did, as director Kraninger sent letters to House Speaker Nancy Pelosi and Senate Majority Leader Mitch McConnell, stating in no uncertain terms that the agency is unconstitutional given the single-director-removable-only-by-POTUS structure.