The rise in litigation owing to the COVID-19 pandemic cannot be overstated. A spike in claims relating to the virus, as well as renewed interest from litigation funders has led to widespread changes in the legal and business world. This trend follows a previous drop in litigation as courts scrambled to adapt to remote work, Zoom meetings, and other COVOD-related factors.
The legal landscape is always changing, and watching for trends is vital for savvy firms and investors. Currently, a convergence of two forces is leading to widespread changes in the industry. First, class actions and other types of collective redress cases are increasing in popularity and validity. Also, corporations are becoming increasingly responsible toward communities, the environment, and stewardship of investor interests.
Alleged underpayment was at the crux of a recently-overturned precedent ruling in Federal Court. UK-based legal funder Augusta Ventures had been ordered to pay more than $3 million in costs before it could proceed with a class action for underpayment at the Mount Arthur coal mine.
Pending legal claims and potential awards are considered uncertain. They lack liquidity and a surety of success, but they’re also vital corporate assets. With the effective use of monetization capital, these assets can be used to access quick cash.
Around the world, litigation funding is growing at a fast pace. The economic impacts of the pandemic are one of several contributing factors that also include recent legislation that’s increasingly inviting to the practice. Africa is the newest bastion of growth for the industry. As companies face pressure to conserve funds, legal departments scramble for new ways to manage budgets effectively.
Several large awards for damages levied against tech giants like Apple and Cisco are turning industry heads. Centripetal Networks was awarded nearly $2 billion by a Virginia district court, representing just one of several awards of over $100 million for patent infringement.
A recent legal finance report suggests that nearly ¾ of lawyers anticipate that their firms will look into building contingency practices in the coming years, and that almost 90% say their firms will begin to increase options for alternative fee arrangements. How should contingency practices be implemented?
A recent Medicare False Claims Act suit involving an outside funding agreement has caught the attention of the legal community. Specifically, the case calls into question the FCA’s current public disclosure provisions, and the authority of the government to dismiss FCA actions.
A working group has been formed to develop model contracts for litigation funders. Chaired by Elana Rey of London-based firm, Brown Rudnick, the working group also includes funders Omni Bridgeway, LCM, Augusta Ventures, Therium, and several insurers and asset recovery professionals.
It’s no secret that big law firms are enjoying growing revenue during the COVID pandemic. The top 50 firms have grown by more than 7% during the first half of 2020, while the next 50 biggest firms have grown roughly half that. Larger firms are handing out bonuses and hunting for new talent in numbers that pandemics would normally preclude. How is this possible?
Sometimes, the various stakeholders involved in bankruptcy cannot come to terms with how assets should be divided. This can lead to inter-creditor litigation—which is costly and can take months, even years. Consequences of failing to litigate this type of dispute can be high—but creditors may feel they have no choice but to litigate further.
State courts face an array of challenges, only some of which are related to COVID. Budget cuts, ever-growing backlogs, logistical concerns, even constitutional challenges are impacting the legal world in myriad ways. Meanwhile, lawyers, judges, defendants—everyone is looking for ways to get back to some semblance of normalcy.
There are a multitude of ways to structure an affirmative recovery program, but the central guiding principles remain the same. It’s vital to make any new initiatives company-wide so everyone is involved and participating in the same goals. It’s equally important to know that focusing on the legal department doesn’t have to mean enlarging your staff.
In today’s uncertain financial climate, investors are seeking non-correlated investments and higher returns. As the need for an independent class of assets grows, so do the investments in the Litigation Finance war chest. Litigation funding is insulated from larger financial tides—regardless of what happens in the stock market, with interest rates, etc., litigation assets are not impacted by outside factors.
German payment processor Wirecard has filed for insolvency as of June 2020. This comes after a startling admission that over $2 billion in cash listed on its balance sheets did not actually exist. Unsurprisingly, this led to a share price drop of over 90% over the course of a week—disastrous for those whose pension funds were invested in it by default.
International litigation funder Milberg Ltd has been fined GBP 21,000 for allegedly mishandling GBP 3MM intended for a class action the firm was not involved in. Initially, the money was meant for a Milberg subsidiary, Ferguson Funding Limited, for a class-action suit against a car manufacturer in a scandal involving emissions.
Last month, a commercial court in the British Virgin Islands officially recognized the use of third-party legal funding by liquidators in an insolvency case. The practice had been going on for some time, but this first written ruling on the matter is considered an overt approval of the practice.
Omni Bridgeway is considered a smallish company, despite a market capitalization of nearly a billion AU dollars. Still, institutional investors are buying in. To some minds, institutional buy-ins validate a stock’s overall value. Others caution against putting too much faith in how institutions invest. A recent analysis looks at investor data for the previous 12-month period.
No one plans for a car accident. By definition, they come as a surprise. When they happen, the result can range from mild inconvenience to life-changing physical, emotional, and financial consequences. If you’re not already well-monied, a car accident loan might be a viable option.
A case between the Nigerian government and oil giants Eni And Shell is still underway. The issue is OPL245, and an allegedly corrupt deal made in 2011. While everyone involved maintains that their actions were legal, prosecutor Fabio de Pasquale and the Federal Republic of Nigeria are looking to prove otherwise.
Commercial trucking insurance rates have climbed steadily over the last decade. Despite price hikes, the industry has underperformed for the last nine straight years. The problem? According to some, Litigation Finance coupled with ‘nuclear verdicts’ is helping losses far outpace profits.
A recently released California State Bar opinion on ethics is likely to hold sway in the legal world despite differing markedly from the NYC Bar and ABA recommendations. The opinion covered legal finance and the ethics in utilizing it, and involved multiple rounds of public commentary—including funders like Burford Capital.
As the COVID pandemic continues to impact every area of business, legal professionals are finding ways to transition, diversify, and combat the challenges that face them. Legal tech in particular has had to adapt to the pandemic with lighting speed—with firms forced to discover new means of remote working, virtual meetings, and paperless filing.
How exactly is international arbitration changing? The International Arbitration Conference set out to answer that very question. This year’s conference shined a light on how Australia became a favored destination for funded arbitrations around the globe.
