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

Emily Tillett is a Vice President at Burford Capital and leads investment activity and operations in Hong Kong. She recently sat down to answer questions about her career trajectory and the litigation funding industry.

Until last September, the US Patent and Trademark Office ran a review program when financial services companies are accused of infringing patents. The program was developed to adjudicate IP violation cases in less time and with more cost-effective conditions. That program has since expired—exposing banks and other financial service providers to a greater danger of lawsuits.

A collective action has been filed against IP law firm Marks & Clerk. The suit alleges that the firm overcharged multiple small businesses—possibly thousands—by engaging in a scheme with CPA Global, an IP management firm.

Business bankruptcy filings were up 29% in 2020 from the previous year. These numbers dipped slightly in 2021 thanks to government stimulus measures like PPP. However, as financial help from the government winds down—financial experts anticipate bankruptcy filings to spike again.

What exactly is social inflation? In the insurance context, it refers to progressively larger losses to insurers in the form of massive awards from juries. VerdictSearch data shows a 300%+ increase in verdicts in excess of $20 million compared to ten years ago. In the US alone, 79 class action settlements totaled an astonishing $2.3 billion last year. Social inflation is definitely occurring. But what’s causing it?

SSB Group, the parent company to SSB Law, is launching a new funding division. Its aim is to manage legal funding for clients and grow outreach between funders, insurers, and workers.

Litigation funding has dramatically increased its reach in the last few years. Last year, one global construction company entered into a portfolio funding arrangement that covered multiple jurisdictions—including some that were not privy to litigation funding before.

A recent ruling made by the Eleventh Judicial Circuit of Florida is getting significant attention. The decision to enforce an ex-party order freezing assets represents the first worldwide asset-freeze in a US court.

Next week, the International Centre for Settlement of Investment Disputes will hear an international claim filed against the government of Tanzania.

Since the SCOTUS decision in FCA v Arch Insurance et al, Manolete has been developing new ways to approach making claims for businesses in the midst of insolvency. In many instances, it’s possible to get assistance in the form of immediate cash payments that leave room for a sizable share of recovered assets, and protection from costs.

Episode 5, part 2 of the Turnaround Time podcast features the rest of the panel discussion on what we can expect to see in Litigation Funding trends (our coverage of…

Burford Capital, the largest litigation finance firm in the world, released its 2020 annual report recently. Incorporated in 2009, Burford trades on the London Stock Exchange’s AIM, as well as…

Challenging economic times for a business can shed light on prior corporate misconduct. In 2020, there were multiple examples of corporate fraud exposed. As litigation related to insolvencies and fraud grows, institutional investors should be seeking out new strategies to ensure maximum possible recoveries.

How is portfolio funding valuable during liquidation? One case study may help explain.

Why are patent cases suddenly more plentiful in the Western District of Texas, when for years, the Eastern District of Texas was the reigning king? It could be the recent $2.18 billion verdict in a case against Intel Corp. The jury’s willingness to hand down such a high award is likely to attract interest in trying patent cases in the jurisdiction.

An order for securities for costs is meant to ensure that defendants can receive remuneration from an unsuccessful plaintiff. Monies are verified or set aside until the case is completed. If a securities for costs order is not met, a case may be dismissed. For the courts, deciding whether this is necessary can be a balancing act that weighs the hardship of a defendant who cannot recover costs, versus the financial burden to the plaintiff.

It’s always a good idea to keep an eye on which CEOs are buying shares of their own stock. Christopher Bogart, CEO of Burford Capital just made a sizable stock purchase—GBP 46,000.

Timothy Scrantom was once considered a pioneer in the litigation funding community. These days, the chatter is less flattering. Scrantom, as well as Kenneth Elder and others, are ensconced in a legal battle to prevent them from seizing control of Total Asset Recovery Service.

A recent shareholder update from Victoria Oil & Gas PLC brought new details about the claim, which included steps taken after a small COVID outbreak, and a vetting process for the West Medvezhye license.

David Prager of Duff & Phelps, Howard Brod Brownstein of The Brownstein Corporation, Tatiana Markel of BakerHostetler, and Ken Epstein of Omni Bridgeway engaged in a virtual discussion on dispute funding for financially distressed companies. This two-part podcast was produced by Turnaround Times. 

The gender gap in the legal industry is easy to recognize, thanks to Burford’s 2020 Equity Project study. But recognizing the problem is only half the battle. Origination credit continues to be a sticking point—as women consistently receive less than their fair share. This fuels a cycle of inequity that can reverberate through a law firm and beyond.

You don’t have to know everything about cryptocurrency to know that it’s changing the  investment landscape in major ways. Avalanche, a competitor to crypto giant Ethereum, enjoyed a robust opening followed by steady gains. Now speculation abounds about how big Avalanche can grow, and who might be edged out in the process.

Omni Bridgeway’s most recent podcast features commentary by Junior Surivar of McCarthy Tetrault, and Jon Drummer of Paul Hastings. The episode is part two in a series detailing litigation relating to mining disputes. Geoff Moysa hosts.

As investors remain wary of the stock market, they’re left wondering how to invest effectively. Litigation Funding may prove an attractive alternative for investors depending on their risk tolerance. Litigation funding is uncorrelated to stock trading, and largely insulated from economic conditions.

The core benefit of Litigation Finance is clear—to provide increased access to justice to those who could not otherwise afford it. It’s a noble, necessary, and attainable goal. So why the rush to over-legislate the industry?

As litigation funding grows in popularity in New Zealand, so do calls for legislation. Currently, there are no existing laws in New Zealand that specifically apply to the practice, nor is there a statutory class actions regime.