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

Commercial

2946 Articles

Innovation and Litigation Finance—A Winning Combination

By John Freund |

Current economic conditions are making it more challenging to run a business regardless of industry. In the legal world, budgets are shrinking and GCs, already stretched to the brink, are taking on even more costs. An ability to adapt to circumstances while finding ways to save money is of the essence.

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Qui Tam Relators Compelled to Disclose Litigation Funding

By John Freund |

The FCA or ‘False Claims Act’ has secured more than $3 billion in settlements or judgments in civil cases in the 2019 fiscal year alone. Much of that relates to healthcare claims, and nearly two-thirds involve relators—which is another term for whistleblowers. This is not surprising, given the widespread application of Qui Tam provisions that offer a portion of an award to whistleblowers who assist the prosecution with cases under the FCA.

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Does Litigation Funding Turn David into Goliath?

By John Freund |

At what point might a David become a Goliath? Some would say that Litigation Finance is the catalyst for such a transformation. Take the case of Akiane Kramarik and the famed portrait of Jesus she painted at age nine. Over the years, she’s been the subject of television appearances, media events, and even a big-budget film. But as she grew up, missing  royalty payments and other shady dealings began to emerge.

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Insurers Counter $185MM Case with $9MM Offer

By John Freund |

All eyes are on a fee request from Quinn, Emanuel, Urquhart, & Sullivan. The class action, which revolved around Obamacare and insurers left unpaid after Congress neglected to pay promised subsidies, was completed in April when the US Supreme Court ruled that insurers were owed roughly $12 billion in unpaid subsidies meant to cover Americans without insurance.

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Litigation Finance in India; Not So Fast

By John Freund |

India appears to be the latest country to embrace the practice of Litigation Finance—at least in theory. The Indian Prime Minister, Narendra Modi, recently spoke about foreign investment opportunities in India. One of the many types of foreign investments being encouraged is third-party litigation funding. This leaves some asking whether or not the Indian judicial system is ready for the practice.

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Litigation Capital Management (LCM) announces its third corporate portfolio transaction

By John Freund |

Litigation Capital Management Limited, a global provider of disputes funding, publicly listed on the London Stock Exchange’s AIM market, is pleased to announce it has executed an agreement to finance a corporate portfolio transaction to provide a significant finance facility to a subsidiary of a global building and infrastructure contractor to fund a portfolio of its construction claims.

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Bill Farrell, Co-Founder of Longford Capital, Speaks to K&L Gates

By John Freund |

William Farrell, Jr., Managing Director and Co-Founder of Chicago-based Longford Capital, recently appeared on a podcast hosted by K&L Gates. Farrell shared his personal journey from working as a prosecutor in the Cook County prosecutor’s office to founding and managing litigation funding powerhouse Longford Capital. 

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False Claim Act Ruling Stuns Litigation Funders

By John Freund |

The False Claims Act has long been a source of contention in modern courts. The law, which dates back to 1863, allows anyone aware of fraud against the federal government to make a claim. The act is often cited by litigation funders, however, a court decision from earlier this week rules that such cases can be easily dismissed.

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CrosstownHelp™: BridgePoint Financial announces Expropriation and Business-Loss Consulting for those affected by delayed LRT project

By John Freund |

TORONTOAug. 20, 2020 /CNW/ – In response to the more than 3,000 small businesses negatively affected by the Eglinton Crosstown LRT project, BridgePoint Financial has launched CrosstownHelpTM, an expropriation and business-loss consulting and financing program to help recoup losses and restore financial and business stability to those impacted by the delayed infrastructure project.

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Will New Aussie Funding Regulations Impede Class Actions?

By John Freund |

As the federal government in Australia sets up new regulations governing the Litigation Finance industry, some fear that class actions will be much more difficult to pursue. One major change requires that all funders be licensed by ASIC—and meet its expectations of competence, honesty, fairness, and efficiency. That may not seem like a tall order, but it’s not yet certain what hurdles must be cleared to obtain the required licenses.

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Litigation Finance News

Correction to Earlier Article Regarding Epistar v. University of California

By John Freund |

A previous post asserted that Longford Capital is funding Epistar’s IP claim against the University of California. That information is incorrect. Longford is funding a separate IP claim filed by the Regents of the University of California, which is unrelated to Epistar’s action against the university.

The inaccurate post has been removed, and we regret the error.

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Class Action Against Oracle and Salesforce Backed by Innsworth

By John Freund |

It may be the largest privacy-related class action in history, as The Privacy Collective gears up for a class action against Oracle and Salesforce. The action, which alleges the unlawful large-scale collection and storage of internet users’ data in Denmark. Allegedly, the data was shared with multiple commercial and AdTech companies.

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New Singapore Insolvency Laws Open Door to Third-Party Funders

By John Freund |

What happens when a liquidator lacks the resources to pursue a debt? Often times, the debtor walks away from their responsibilities. That may be changing under Singapore’s new Insolvency Restructuring and Dissolution Act (IRDA)—which took effect just two weeks ago. The Act is part of a larger overhaul of Singapore’s insolvency legislation.

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Anexo Group Secures Funding for Volkswagen Claim

By John Freund |

For Liverpool-based Anexo Group, 2020 got off to a slow start. From Jan-June of this year, the legal services provider showed sales of GBP 36.625 million, down from 36.717 million this time last year. Share dividends are .5p a share, down from 1p per share last year. Still, the group is poised for a big finish to 2020.

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Twists and Turns in Tesla Case Against Former Employee

By John Freund |

Martin Tripp, formerly with Tesla, is embroiled in a case with his former employer. The case, which began in 2018, accuses Tripp of stealing and disseminating multiple gigabytes of confidential trade secrets. In turn, Tripp denies all wrongdoing and describes himself as a whistleblower exposing evidence of vital safety concerns and company fraud. He is countersuing Tesla for defamation.

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Litigation Finance in the Startup Landscape

By John Freund |

Startups are often strapped for cash and rushing to meet deadlines, so what happens when your startup suddenly has to fund an unexpected legal battle? That’s what happened when video startups Eko and Quibi found themselves in a legal skirmish. Both companies are relatively new, and each has a huge corporate entity at its back (Disney/eBay and Walmart, respectively).

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The Evolution and Expansion of Litigation Finance

By John Freund |

The concept of Litigation Finance is a simple one. A plaintiff with a valid claim can seek third-party financing to take that claim to court. If the claim is successful, the funder gets an agreed-upon percentage of the award, or a multiple of the investment, or some combination thereof. If the claim isn’t successful, the funder walks away with nothing. That simple model has grown by leaps and bounds in recent years, and is now even more powerful given the pandemic and subsequent lockdown.

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DLA PIPER AND LCM COLLABORATE WITH NEW THIRD-PARTY FUNDER FOR DLA PIPER CLIENTS

By John Freund |

DLA Piper has entered into a non-exclusive arrangement with publicly listed disputes financier Litigation Capital Management (LCM), and a newly formed litigation funder, Aldersgate Funding Limited to offer clients of DLA Piper access to £150m for funding large-scale litigation and arbitration. This will be offered on a financial risk-free (non-recourse) basis with a streamlined approval process embedded within the offering.

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Cryptocurrency Class Action Seeks Funding

By John Freund |

Did social media giants like Twitter, Google, and Facebook conspire to kill cryptocurrency in 2018? JPB Liberty, led by Andrew Hamilton, is filing a class action against social media. In a recent statement, Hamilton claimed the assertions would be “pretty easy” to prove.

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How a Rise in ‘Nuclear Verdicts’ Impacts an Industry

By John Freund |

Trucking-related lawsuits are on the rise, as are the potential awards. When a driver is negligent, the company pays the price. This has led to a comparable increase in insurance premiums and shipping costs, much of which is passed down to the consumer. What’s causing this? Some point the finger at Litigation Finance.

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Pravati Capital Launches Fifth Specialized Litigation Finance Fund with $200 Million

By John Freund |

PHOENIXAug. 11, 2020 /PRNewswire/ — Pravati Capital, leading litigation finance pioneer and consulting firm, today announced the launch of its fifth specialized litigation finance investment fund with $200 million, following the success of its four previous funds launched since 2013. Pravati Investment Fund V (Fund V) will allow for the first time non-US and US-tax exempt international qualified investors the opportunity to invest in a specialized litigation finance alternative investment vehicle.

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Institutional Ownership at Burford Capital

By John Freund |

There’s a lot you can learn about a Litigation Finance company by looking at at its investors. Insider investment is common in firms that are newer and smaller, while more established players boast large institutions as their major shareholders.  

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