Commercial

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

Commercial

2832 Articles

Five Qualities that Litigation Funders Look for in a Lawyer

By John Freund |

As litigation funding increases in popularity, funders find that they can take their pick of lawyers and cases to back. While on the other hand, securing the funding needed to successfully litigate a case can be a challenge. Aside from the usual considerations—potential recovery amount and time, overall merits of the case, etc.—funders look closely at the lawyer(s) involved.  

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UK Sub-Postmasters Claim Onerous Terms in Litigation Funding Agreement

By John Freund |

A UK case involving the post office, buggy accounting software, and widespread accusations of theft was big news across the pond. After numerous sub-postmasters were accused of theft, many endured firing, public shaming, loss of property, and even jail time. The real culprit was bad accounting software made by a company called Horizon.  Now, the plaintiffs are alleging that the bulk of their payout will go to the firm that financed the legal case—and not to the people who were actually hurt. 

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Press release: Litigation Capital Management attracts blue chip investors to new US$150m Third-Party Fund

By John Freund |

Litigation Capital Management Limited (AIM:LIT), a leading international provider of litigation financing solutions, is pleased to announce the first close of a new third party fund of up to US$150 million, LCM Global Alternative Returns Fund (the Fund). In accordance with the Company’s strategy and as previously communicated to the market, the close of this Fund marks LCM’s return to managing third-party funds, following the building of a permanent source of balance sheet capital through the equity markets.

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Equitable Bank partners with BridgePoint Financial Services on secured credit facility

By John Freund |

TORONTO , March 5, 2020 /CNW/ – Equitable Bank, Canada’s  Challenger Bank™, is pleased to announce it acted as the sole lead arranger of a $60 million senior secured credit facility to support the recapitalization and growth of BridgePoint Financial Services Inc. (BridgePoint), Canada’s leading provider of specialized loans for the legal services market with a focus on loans to individuals involved in personal injury claims and loans/credit facilities to law firms.

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NYC Bar Association Group Files Long-Awaited Response to Controversial Fee-Sharing Decision

By John Freund |

In 2018, the NYC Bar surprised a lot of folks by issuing a formal opinion declaring litigation funding in conflict with the Bar’s rules on fee-sharing with non-lawyers, as outlined in Rule 5.4 of the professional conduct code. The reaction within the funding community was swift, however no formal response has been delivered… until now. 

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Defrauded Investor Continues to Await Enforcement by Qatari Courts

By John Freund |

DOHA, Qatar, Feb. 27, 2020 — The Swifthold Foundation, which was defrauded by Sheikh Fahad bin Ahmad bin Mohamed bin Thani Al Thani and his Qatari company, Fast Trading Group, has been patiently waiting for the Qatari Enforcement Court to enforce Swifthold’s $6 billion U.K. High Court Judgment since the Qatari Trial Court issued a Writ of Execution to formally recognize the Judgment in Qatar in the Summer of 2019.

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Maurice Blackburn Eschews Litigation Funding; Will File Class Action Against NAB on Contingency

By John Freund |

No one will ever accuse Aussie law firm Maurice Blackburn of not being proactive. The class action king (Maurice has filed the most in Australia) is pursuing a class action claim against banking giant NAB, and plans to use a contingency-fee model. There’s just one wrinkle here: contingency-fee arrangements aren’t legal in Australia. The state of Victoria is mulling legislation that would legalize such arrangements, but hasn’t passed the final bill yet. 

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RPX Corporation Announces Licensing Transaction with Excalibur IP

By John Freund |

SAN FRANCISCOFeb. 26, 2020 /PRNewswire/ — RPX Corporation today announced that it has secured license rights to Excalibur IP’s patent portfolio for a syndicate made up of a subset of the RPX membership, while also reserving rights for additional and future members. Excalibur IP is a subsidiary of Altaba Inc., the company formerly known as Yahoo, Inc. prior to the sale of Yahoo!’s operating businesses to Verizon in 2017. The global portfolio consists of more than 2,000 patents owned by Excalibur IP.

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How Lawyer-Directed Funding Enhances Access to Justice

By John Freund |

“Lawyer-Directed” litigation finance, whereby a funder forms a partnership with contingency counsel, provides an opportunity to work around some of the issues that exist in client-directed funding – most notably issues that arise when creditors or lienholders are awaiting recoupment from the client, pending successful litigation. Many funders are averse to partnering with a client that is encumbered by senior lienholders, hence many such claims go unfunded, despite the merits of the underlying case. Lawyer-directed funding provides an attractive solution. 

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Longford Capital General Counsel to Serve as Adjunct Professor of Law Teaching Course on Litigation Finance

By John Freund |

CHICAGO, February 24, 2020 – Baylor Law has tapped William P. Farrell, Jr., co-founder, managing director, and general counsel of Longford Capital, to serve as an adjunct professor at the law school and to lead a course on litigation funding. The litigation funding course is a part of Baylor Law’s innovative LL.M. program in litigation management, the first program of its kind.

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Litigation Funding Is Ready for a Wider Reach in the Russian Market

By John Freund |

St. Petersburg, Russia — (ReleaseWire) — 02/19/2020 — Although the Russian litigation finance market is at an early stage of development, a surge in the interest for legal funding solutions could be observed over the last year. While third party financing for legal proceedings has previously been provided by private investors or by law firms as an auxiliary business, specialized litigation finance companies have only recently appeared on the market.

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SPONSORED POST: ELEV8 ANNOUNCES LITIGATION FINANCE CONFERENCE TO BE HELD IN NYC

By John Freund |

ELEV8: Litigation Finance conference unveils the latest investment opportunities and trends in the exploding litigation market that has grown by over 400% in the last 5 years. For investors, litigation finance presents a vehicle to deploy capital uncorrelated to equity or debt markets, with the opportunity to realize significant returns. The conference connects investors, law firms, plaintiff, thought leaders and regulatory agencies in order to facilitate actionable dialogue and foster a robust entrepreneurial ecosystem. In support of that mission, we sponsor an ongoing effort to share information and build confidence in deal making to accelerate the growth of litigation finance.

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DOJ Considers Requiring False Claims Act Whistleblowers to Disclose Litigation Funding

By John Freund |

Deputy Associate Attorney General Stephen Cox of the Justice Department gave a speech on Monday to False Claims Act (FCA) attorneys, and Cox expressed concern that DOJ doesn’t know the extent to which FCA attorneys are using litigation funding. Cox mentioned that Justice is considering mandating disclosure of litigation funding agreements for FCA whistleblowers. 

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