When funding leader Burford Capital took a long look at the ways legal and finance teams manage legal assets for their companies, they learned a lot. Most vitally, there are three things companies can do to make better use of their legal assets.
It’s largely agreed that uncorrelated investments are in demand. Given the ongoing impact of COVID, as well as pending inflation, it makes sense to seek out uncorrelated assets. But SYZ Capital co-founder and managing partner Marc Syz, says that some investors may be confusing correlation with risk.
Six banks based in China have avoided liability in their role in the Nike Counterfeit case. The banks were cited for failing to freeze the assets of several hundred counterfeiters of Nike goods. Together, the banks faced sanctions of up to $150 million.
The Southern District in New York has unsealed indictments against several doctors and attorneys accused of engaging in fraudulent conduct. The defendants have been charged with mail and wire fraud in connection with a plot to gain fraudulent insurance reimbursements.
Per Australian law, Omni Bridgeway has registered with ASIC as a litigation funding scheme. This statement has been distributed to all applicable parties with an interest in the appeals in Halifax Investment Services Pty Ltd v Loo, and Halifax New Zealand limited v Loo, for Category 1 Investors.
Investors asked for more than $50 million in damages in the Ross Asset Management Ponzi scheme. The case was expected to be heard in the Wellington High Court in 2020 but was delayed. Instead, it ended unceremoniously, with a short statement revealing precious little about the confidential settlement.
According to research from Westfleet Advisors, at least 95% of cases pitched to third-party funders are rejected. Litigation funding is increasing in popularity and new entrants are always entering the space. But that hardly means securing getting a funding agreement is a sure thing.
In-house legal departments are enduring more pressure than ever to reduce expenses. According to a survey by Harvard Law with Ernst & Young, 88% of GCs stated that they’ll likely have to reduce legal spending over the next few years, while more than ¾ have difficulty meeting current workload goals. Roughly the same number have predicted that their workload will soon grow to exceed their budgets.
At some point in the business life cycle, every law firm could use a financial boost. Law firm funding helps firms and legal departments monetize pending litigation by providing non-recourse funds. This differs from standard business loans which are paid back fully with added interest.
What can we expect in the coming months in offshore markets? John O’Driscoll, leader of the Insolvency and Dispute Resolution team at Walkers, had much to say on the subject. Litigators, financial professionals, and insolvency practitioners should pay close attention to legal developments in offshore markets.
His Honor Judge Cadwallader ruled that a couple suing their former solicitors should be held liable for costs. The Liverpool judge also affirmed that Vanessa and Michael Kennedy breached their agreement with law firm Bermans and the funder, Escalate Law, when they misled their lawyers.
The High Court of Singapore took a dramatic step recently in granting ‘super priority’ status in a corporate restructuring. This is the first time any third-party legal funder has been given such an order since Singapore’s IRDA became law in 2018
This past year has seen multiple judgments supporting the validity of class actions—once thought ‘too American’ for many jurisdictions. London courts in particular have paved the way for collective actions against big businesses. Litigation funding has proliferated, and is spurring access for justice to parties who would otherwise be left out in the cold.
As lawyers, courts, and plaintiffs develop an appreciation for Litigation Finance, competition becomes increasingly robust. Demand for funding is up, as are the number of new funders throwing their hats into the ring. There’s a wide array of funding entities now, and they vary in terms of preferred case size, minimum and maximum deployments, jurisdiction, commercial or industry specialties, and more.
Litigation Finance is a growing asset class, spurred on by the financial fallout caused by COVID. Increasingly, investors are seeking uncorrelated investments. As Gary Sweidan, founder of Taurus Capital explains, litigation funding is about as uncorrelated as it gets.
In recent years, Kosovo has taken a number of steps to promote foreign investments. Among these is the ratification of bilateral investment treaties with Switzerland, Luxembourg, Austria, and Belgium, among others. In 2014, a Law on Foreign Investment was adopted, which outlines the use of arbitration for investor-related disputes.
A lawsuit brought by Union Investment, Germany’s third-largest asset manager, is not welcome news for banks and bondholders. Wirecard is accused of making more than 70 statements, including corporate press releases, that are being described as fraudulent.
It cannot be denied that third-party litigation funding is a boon to justice. In many instances, it’s the only way that impecunious plaintiffs can have their day in court. At the same time, legal funding is a business that depends on ROI for investors. That’s why funders have a lot to say about a proposed new regulation in Australia, legislating a standard minimum return to class members in funded class actions. Some have suggested this guaranteed percentage be as high as 70%. Is that reasonable?
One Delhi-based startup has created a litigation funding platform with retail investors in mind. Investors may now fund cases as a third party for as little as 25,000 rupees, or about $335 USD. Called LegalPay, the startup is focusing on late-stage commercial arbitrations.
