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

Commercial

2806 Articles

Capitalized Funders and Adverse Costs

By John Freund |

Now that Litigation Finance has established itself as a viable industry, laws are being written to clarify finer points and add consistency to laws across jurisdictions. One area of focus is how costs are handled, both in terms of the UK adverse costs regime, and in possible new requirements for third-party funders wishing to obtain securities for cost.

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Omni Bridgeway Expands into Latin American Markets

By John Freund |

Omni Bridgeway has been a leader in Litigation Finance for over 30 years. In that time, they’ve made a name for themselves in the US, Canada, the Middle East, Asia, and Australia. Now, the company is making a move to Brazil, Chile, Peru, Mexico, and Argentina with the formation of the Omni Bridgeway Latin America Group.

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Remote Legal Tech Leads to Increased Competition

By John Freund |

With remote work now mainstream, it’s become the norm for Legal Tech firms to hire well outside their physical location. While this opens up new opportunities to recruit talent, it also increases competition for job seekers, and companies looking to hire. What might this mean for Litigation Finance?

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Law Firm Declares that Vauxhall Owners Will Not Pay for Legal Action

By John Freund |

Millberg London has stated that, along with the assistance of third-party litigation funders, they will assume all upfront charges in order to begin legal action against Vauxhall. This will ensure that class participants will not bear any costs associated with the case, minimizing their personal liability.

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Thoughts on Legal Tech and COVID

By John Freund |

Senior Investment Manager and Head of Omni Bridgeway’s offices in New York, Jim Batson, recently hosted Omni’s Beyond Hourly podcast. Batson is a former commercial litigator and law firm partner. The podcast features Ariana Tadler, founder of Tadler Law.

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$2.47 Billion of Capital Deployed Last Year Across U.S. Commercial Litigation Finance Industry, As Growing Sector Weathers Pandemic Storm

By John Freund |

The number of litigation finance providers in the United States, their assets under management (AUM), and the dollars they committed to new financing deals, all grew over the last year, according to a new report from litigation finance advisory firm, Westfleet Advisors. According to The Westfleet Insider: 2020 Litigation Finance Market Report, between June 2019 and June 2020, 46 active funders managed a combined $11.3 billion in assets allocated to US commercial litigation investments, an 18% increase from the previous year. Despite the onset of a global pandemic and resulting disruption to the justice system, the total dollars committed to new investments by funders also grew by 6% – to $2.47 billion.

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Litigation Finance News

Litigation Finance Journal to Host Digital Conference: “Investor Insights into Litigation Funding”

By John Freund |

An upcoming digital conference hosted by LFJ promises to uncover how LPs and institutional investors think about their Litigation Finance investments. The February 4th conference begins at 11 am EST, and will feature a panel discussion, Q&A with attendees, and a keynote speech from Charles Agee of Westfleet Advisors.

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Class Action Against Woolworths Group Limited

By John Freund |

Woolworths Group Limited is being accused of breaching disclosure obligations, including the 2001 Corporations Act, and engaging in deceptive or misleading conduct. That’s according to a recently filed class-action suit set in motion by Maurice Blackburn. The action has been slated for a hearing in February.

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QLD Energy Class Action Launched in Australian Federal Court is Biggest Energy Suit Ever

By John Freund |

What’s being described as the biggest energy action in Australia’s history is now underway. A class action against two Queensland energy generators was filed in Federal Court on Wednesday. Allegations include manipulating the wholesale pricing system and artificially inflating energy bills for thousands of customers.

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Cayman Island Welcomes Third-Party Legal Funding

By John Freund |

The Cayman Islands is the latest territory to signal its embrace of Litigation Finance. Until 2017, champerty laws were still in force, and legal funding by third-parties was disallowed except in insolvency cases. That year, Harneys, a Cayman Islands law firm, received court approval for the practice.

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How CFOs and Corporations Can Prepare for the Coming Year

By John Freund |

Last year, the world was thrown into upheaval thanks to COVID, and most industries are still reeling. Hospitality, entertainment, travel—so many once-thriving businesses are either closed down or hanging on by a thread. What can be done to ensure that your business isn’t one of those lost to the pandemic?

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Parker Law Firm Forced into Arbitration with Litigation Funder by 8th Circuit Court

By John Freund |

A recently filed case in the US Court of Appeals 8th Circuit regarding Timothy Parker and Parker Law Firm has been forced into arbitration. Seeking leave to litigate, the appeals court determined that the dispute in question was addressed by the arbitration clause in the formal agreement between parties.

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Antitrust Enforcement—Who Really Wins?

By John Freund |

Since the 90s, competition authorities like the European Commission have been getting tougher on Big Tech. Fines have been coming down on tech giants like Apple, Google, Intel, and Microsoft. Some of these cases have resulted in fines in the billions. But who is really benefitting from the success of these?

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Insolvency Claims in 2021

By John Freund |

Given the impact of COVID, insolvencies are on everybody’s mind–how to avoid them or how to navigate them. Knowing what to do when you find yourself in the middle of a business or personal insolvency is crucial. Litigation funding may be one of the most valuable tools in the insolvency toolbox.

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Hausfeld Adds Two New Partners to Roster

By John Freund |

Two London-based lawyers have been promoted to Partner at specialist litigation firm, Hausfeld. These promotions echo the number of partnership elevations from the previous year. Hausfeld has added a litigation funding arm to its operation, making it one of a growing number of law firms that has done so.

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Montero Receives Litigation Funding for Case Against Tanzanian Government

By John Freund |

Last year, mining and exploration giant Montero, announced its intention for arbitration after accusing the government of violating several provisions of the Bilateral Investment Treaty. The dispute pertains to acts and omissions by the Government of Tanzania that allegedly breached BIT and caused harm to Montero and others.

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Scandalous Allegations in Class Action Against Australian Government

By John Freund |

A boy sent to Christmas Island in spite of being only 14 is now leading a class action against the Australian government. He is one of at least 100 children prosecuted during a 2-year period beginning in 2010. Ali Yasmin was judged to be an adult after using wrist X-rays, a now-discredited method of determining age. The class action is being funded by an undisclosed litigation finance firm. Yasmin et al are represented by Ken Cush & Associates.

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New Talent Flocks to Litigation Finance

By John Freund |

New year, new job. Litigation Finance has been expanding as an industry for over a decade. Investment size is growing, more and more clients are seeking out funding, and big names in law, tech, and finance are clamoring to get in on the action.

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