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

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Litigation Funding Investment Market Report 2019 Analysis By Major Players; Sydney-based IMF Bentham Ltd., and Apex

By John Freund |

The research report, titled “Global Litigation Funding Investment Market Size and Forecast to 2024,” proposes an evaluation of this market on the basis of its history as well as the present-day performance. The report further emphasizes on each of the topographical segments. The principal driving forces, restrictions, hindering factors, key trends, opportunities, and future prospects of the global market have also been taken into consideration in this market study.

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Crowdfunding Litigation Market Industry: global market trends, share, size and forecast report 2019-2024

By John Freund |

Global Crowdfunding Litigation Market Report 2019 is a professional and in-depth research report on the world’s major regional market conditions of the Crowdfunding Litigation industry, focusing on the main regions (North America, Europe and Asia) and the main countries (United States, Germany, Japan and China).

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Enforcement in the UK is a Growing Problem

By John Freund |

With no automatic enforcement mechanism in place and only 60% of awards under £10,000 being fully enforced, the UK is experiencing a crisis of enforcement. Given that litigation funders must take collection risk into account when proposing an investment thesis, it’s worth examining the current enforcement climate in the UK in greater detail.

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China Lending Forges Partnerships to Accelerate the Development of Its Consumer Financing Business and Expand into Litigation Guarantee Business

By John Freund |

BEIJING, URUMQI, China and HANGZHOU, ChinaJuly 29, 2019 /PRNewswire/ — China Lending Corporation (“China Lending” or the “Company”) (NASDAQ: CLDC), a non-bank financial corporation servicing micro, small and medium sized enterprises in China, today announced that it has entered into a five-year strategic partnership with Zhong Lian Jin An Insurance Brokers Co., Ltd. (“ZLJA”), a leading insurance brokerage company in China with over 90 branches across the nation.

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Collective Action Led by Scott+Scott Europe LLP Launched in the UK Against Major Banks for Foreign Exchange Market Manipulation

By John Freund |

London – 29 July, 2019 – A collective action under the Consumer Rights Act 2015 was filed today in the UK’s Competition Appeal Tribunal (CAT) by Scott+Scott Europe LLP against five banks who unlawfully manipulated the foreign exchange (FX) market between 2007 and 2013. The representative of the claimant group, Michael O’Higgins, has filed against Barclays plc, Citibank, Royal Bank of Scotland plc, JPMorgan and UBS on behalf of affected entities, including pension funds, asset managers, hedge funds and corporates. This collective action is being funded by Therium Capital Management, a leading global litigation funder.

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Proskauer Director Joins Augusta as Chief Operating Officer

By John Freund |

Augusta, the UK’s largest litigation and dispute funding institution by case volume – with a team of 70 in London – today announces the appointment of Polly Bahl as Chief Operating Officer, based in London. Polly joins from US law firm Proskauer Rose where, as London Director of Professional and Administrative Resources, she coordinated a range of operational functions. A solicitor by training, Polly qualified with SJ Berwin (now King & Wood Mallesons) where she became a partner specialising in private investment funds, a role which latterly incorporated various operational responsibilities.

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MENA’s Pre-Eminent Financial Restructuring Summit Returns to Dubai This September

By John Freund |

Dubai: Middle East Global Advisors, a leading financial intelligence platform spearheading the development of knowledge-based economies in the MENASEA markets, will convene The 2nd Annual Corporate Restructuring Summit (CRS 2019) – the MENA region’s pre-eminent Debt Restructuring and NPL-focused Summit, in strategic partnership with Abu Dhabi Global Market (ADGM) on September 11-12 at the Address Dubai Mall in Dubai, UAE.

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Law Firm Financing in the Wake of the NYC Bar Opinion

By John Freund |

Last year, the New York City Bar Association issued an advisory opinion suggesting that funding agreements between lawyers and third party funders violates ABA Model Rule 5.4(a), which prohibits fee sharing with non-lawyers. The opinion has sparked furious debate (and much consternation) in the litigation funding community ever since. But practically speaking, how has the NYC Bar’s opinion impacted law firm funding? 

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Should Litigation Funders Worry About Kirkland’s Push into Contingency-Fee Litigation?

By John Freund |

Recently, law firm Kirkland & Ellis announced a ten-fold increase in investment dollars towards contingency-fee plaintiff-side claims. Alternative fee arrangements have been the most profitable component of the law firm thus far, so management figures ‘why not roll the dice’ on what’s already been working? The question now is: is Kirkland’s approach a harbinger of things to come? And if so, how will this impact litigation funders down the road? 

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How Dividex Packaged a Pair of Danish Class Actions for Litigation Funding

By John Freund |

Dividex, the international securities class action broker and case manager, wanted in on a Novo Nordisk class action after the stock shed over $50B in the wake of fraud allegations. The only problem? No litigation funders would bite, given that the Danish Pharma company would have to face the scales of justice on its home turf (international securities actions can no longer be tried in the U.S., pursuant to a 2010 Supreme Court decision). And since funding is needed to get an international securities action off the ground, the deal was dead in the water. Until, that is, Dividex packaged the deal into its own version of a portfolio funding arrangement. 

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Canadian Innovator JL Energy Transportation Inc. Successfully Defends Patent Challenge From Major Canada/US Pipeline and Gas Processing Companies

By John Freund |

CALGARYJuly 17, 2019 /CNW/ – JL Energy Transportation Inc. (“JETI”, more: www.jlenergy.com) announces that it has successfully defended a Federal Court challenge to its gas transportation patent, with the Court confirming the validity of its key patent terms. This endorsement clears the way for JETI’s continuation of its license and patent infringement claims against an alliance of major Canadian and US pipeline and gas processing companies.

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The Perils of Crowdfunding Litigation

By John Freund |

GoFundMe recently cancelled an Australian rugby player’s crowdfunded legal campaign, and the story made international headlines. Now some experts are scrutinizing the ethical and practical concerns of crowdfunding litigation; some of which will sound very familiar to litigation funders, yet others are unique to the crowdfunding niche. 

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$4 Billion Therium-Funded Google Class Action Sees Light of Day in UK Court of Appeal

By John Freund |

After being tossed out by the High Court, the $4 billion Therium-funded Google class action has reached the UK Court of Appeals. The lead applicant, Richard Lloyd – a former consumer rights organization director – is claiming Google owes 4.4 million Brits hundreds of pounds each for its nefarious ‘Safari Workaround’ software, which was allegedly used to spy on iPhone users.  

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Concern About Defendant Insolvency in Harbour-Funded New Zealand Class Action

By John Freund |

Law firm Adina Thorn is bringing a class action – funded by Harbour Litigation Funding – on behalf of homeowners who experienced damage to their properties due to leaky cladding installed by the James Hardie multi-national conglomerate. The James Hardie parent company is based in Ireland, and attempting to exclude it and all international subsidiaries from liability, leaving the New Zealand subsidiary as the sole defendant. However, Thorn claims the New Zealand subsidiary is insolvent, and that the parent company should therefore be on the hook. 

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Kirkland & Ellis Launches Contingency-Only Plaintiff-Side Practice

By John Freund |

Kirkland & Ellis – the nation’s largest law firm by gross revenue – has announced plans to expand its contingency-fee practice with the launch of a division that focuses on the high risk/reward fee arrangement. Kirkland has represented over 100 plaintiff-side cases on a pure contingency basis over the past decade, and now seeks to expand that number by as much as 10x.

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New Research: CFOs Are Ready To Help GCs “Recession-Proof” The Legal Budget

By John Freund |

NEW YORKJune 27, 2019 /PRNewswire/ — Burford Capital, the leading global finance and investment management firm focused on law, today announced the results of a groundbreaking new survey that asked Chief Financial Officers to share their views on how companies deal with the billions they spend annually on legal disputes. 2019 Managing Legal Risk Report: A Survey of CFOs and Finance Professionals reveals that CFOs see this as an urgent business challenge—especially ahead of a potential recession that will put pressure on companies to use their cash wisely—and that they are eager to partner with General Counsels to embrace innovative new solutions, including legal finance.

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Vannin Capital’s Ania Farren Appointed as New Chair of ICC’s Arbitration Program

By John Freund |

John Beechey, one of the biggest names in international arbitration and former President of the ICC International Court of Arbitration, is retiring from his position as Chair of the International Chamber of Commerce’s (ICC’s) Arbitration programme in the UK, passing the torch on to his successor, Ania Farren, Managing Director of Vannin Capital. Ania will take up the reins from 20th June, supported by Iain Quirk from Essex Court Chambers and Guy Pendell from CMS, whom we welcome as a new Vice Chair in the UK leadership team.

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Flying High: LCM Lands Portfolio Funding Deal with Aviation Company

By John Freund |

One of LCM’s key areas of focus since its IPO has been the origination and execution of corporate portfolio transactions. The recent announcement of a portfolio funding partnership with a major aviation company, in which LCM will finance 38 worldwide disputes and contractual claims arising from the operations of the company for an initial 5-year rolling period, underscores the funder’s commitment to its corporate portfolio funding strategy.

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