What is the best way to address fraud once it’s been discovered? Many professionals would say that a civil action is the most effective way to recoup losses and bring fraudsters to justice. Litigation funding can play a pivotal role in this process.
Thomas Girardi was a famous trial lawyer when he assured devastated clients that he would help them. One such client, Kathy Ruigomez, took the celebrity attorney at his word based on his affectation, and his reputation as illustrated in the film Erin Brockovich.
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.
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.
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.
The German legislature is in the midst of groundbreaking decisions surrounding legal tech. They recently validated the business model of LexFox, a legal tech company. By ruling that LexFox did not violate the German Legal Services Act, the court validated similar companies like myRight and Flightright.
What happens when you take every precaution only to be let down by your insurer? That’s what Josephine Woodberry is asking. She purchased a business interruption insurance policy for her dance studio in Preston, near Melbourne, only to discover she wasn’t actually covered.
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?
It’s been asserted that lawyer and reality-show-husband Tom Girardi is currently incapable of active participation in his current legal situation. Documents recently filed assert that the firm Girardi Keese owes Virage SPV more than $10 million. Yet Girardi’s brother maintains that the founder of the firm is suffering from memory loss and requires a guardian ad litem for himself and his firm.
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.
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?
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.
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.
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.
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.
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.
As COVID, politics, and financial uncertainty continue into a new year, savvy predictions are the order of the day. With that in mind, CEO of Validity Finance, Ralph Sutton, shares his predictions for third-party legal funding in the coming year.
In Australia, Litigation Finance may have found a new niche—Family Court. Some would say that the Sydney registry of Australia’s Family Court is already highly adversarial. The court is known for wealthy divorcing couples playing out their acrimony in a public setting. Legal teams often seem to encourage this.
The largest divorce settlement in history is still unsettled. While the ex-wife of Russian billionaire Farkhad Akhmedov was awarded over $600 million in the divorce, she has received next to nothing from her ex-husband. To combat this, she enlisted help from Burford Capital, a publicly-traded legal funder.
It cannot be denied that as acceptance of Litigation Finance increases, class actions increase in number. This is viewed by most as a positive, as it demonstrates that the practice is affording access to the legal system. Increasingly, class actions involving pension fund-related investment losses are cropping up across the US and Europe.
As anticipated, Brexit has led to uncertainty—even chaos in some industries. In the legal landscape, Ireland is in a perfect position to capitalize on its status as an EU member state. Ireland’s legal system and laws are largely similar to those of Britain, which allows it to offer similar legal remedies with the same basic enforcement.
Litigation Finance has exploded in popularity over the last decade. This was caused by a number of factors, and cemented by the impact of COVID. Litigation Finance is now a powerful industry with major financial strength behind it. But it hasn’t yet reached every corner of the globe. Could India be the next frontier?
Sarah Tsou is an investment manager with funding leader Omni Bridgeway, where she specializes in patent litigation. In IP Watchdog’s recent podcast, Tsou explains the modus operandi most commonly used to defend against patent suits. Well-monied defendants can drag out even a meritorious patent suit for years—depleting the resources of patent owners.
This year has been unique in terms of obstacles, uncertainty, and hardship. Record layoffs and business closures have caused disruption around the globe, and the legal world is beset by delays juxtaposed with a tidal wave of new litigation. Thankfully, it has also brought about a rise in the use of litigation funding.
