Commercial

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

Commercial

2879 Articles

Immunity from Lawyer Malpractice – Uniquely Australian

By John Freund |

The following article was contributed by Valerie Blacker, a commercial litigator focusing on funded litigation, and John Speer, a lawyer in the Dispute Resolution and Litigation Team at Piper Alderman.

While large class actions receive the lion’s share of media attention, litigation financiers also regularly fund litigation involving a single plaintiff. Given that solicitors are required to maintain professional indemnity insurance, they can be, in instances of negligence, an attractive prospect for financiers: they are well-resourced and have the capacity to satisfy any judgment awarded against them.

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Dutch class action progressing against Airbus relating to large-scale corruption and bribery

By John Freund |

For many years, Airbus allegedly facilitated large-scale bribery and corruption in its aviation business. Airbus did not adequately inform the investing public about its wrongful conduct. Investigations by various authorities subsequently resulted in Airbus having to pay a fine of approximately € 3.6 billion (US$ 4 billion).

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Funder Spotlight: Hedonova

By John Freund |

Hedonova is a hedge fund that was established in 2020, and it specializes in alternative investments. The company has offices located in various parts of the world, making it accessible to investors from different regions. Alternative investments are unique investment opportunities that do not conform to the standard categories of investments such as stocks and bonds. Hedonova’s portfolio of alternative investments encompasses a diverse range of assets, including startups, real estate, fine art, wine, and cryptocurrencies.

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AIR Asset Management Partners with Kerberos Capital Management to Add Legal Finance Allocation to its Multi-Strategy Product

By John Freund |

AIR Asset Management (“AIRAM”), a Chicago-based hedge fund management firm focused on investing in life settlements, annuities, and private credit, today announced its strategic partnership with Kerberos Capital Management (“Kerberos”), a leading private credit asset management firm that specializes in direct lending to law firms. The partnership enables AIRAM to enhance and further diversify its multi-strategy investment product through adding a legal finance asset allocation focused on law firm lending. 

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LegalPay announces the exit of its First Litigation Financing SPV, generating more than 27% returns

By John Freund |

LegalPay, India’s largest legal financier, has announced the exit of its commercial litigation financing SPV (Special Purpose Vehicle), delivering 27% IRR over a tenure of less than 2 years. LegalPay currently manages INR 2,500 crores in claims under management and looks to add additional INR 5,000 crores in calendar year 2023. 

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Request for Funding in Irish Breach of NDA Case

By John Freund |

A new request for funding by an Irish law firm seeks financing for commercial proceedings in the London High Court on behalf of a private company and two of its directors. The claim is being brought against an unnamed European Union state authority in relation to the alleged breach of a non-disclosure agreement which then led to the alleged theft of the plaintiff’s intellectual property.

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Winshear Gold Commences Arbitration Proceedings Against the Government of Tanzania for the Expropriation of Its SMP Gold Project

By John Freund |

Winshear Gold Corp. (TSXV: WINS) (‘Winshear’, the ‘Company’, or the ‘Claimant’), formerly Helio Resource Corp., provides the following update on the dispute with the United Republic of Tanzania (“Tanzania”) which is the subject of arbitration through the International Centre for Settlement of Investments Disputes (“ICSID”), a member of the World Bank.

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The Secret to Success with Trade Secrets – 5 Factors That Litigation Funders Should Consider When Evaluating Trade Secrets Cases

By John Freund |

The following article is a contribution from Ben Quarmby and Jonathan E. Barbee, Partner and Counsel at MoloLamken LLP, respectively. 

Litigation funders have trade secrets on their minds.  Since the introduction of the Defend Trade Secrets Act (DTSA) in 2016, trade secrets litigation has been on the rise.  Over a thousand trade secrets cases were filed in federal court in both 2021 and 2022.  By all accounts, that trend is set to continue.  Big verdicts have followed, with some trade secrets verdicts now rivaling the biggest patent verdicts.  In the information age, a company’s most valuable intellectual property may not be its patents after all, but the wealth of non-patented, proprietary information surrounding its ideas—its trade secrets.

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