Last year, the UK saw a sharp decline in the number of commercial litigations. This happened due to the combination of economic shortfalls, and corporations opting not to pursue litigation during a pandemic. EY research shows that nearly a third of survey respondents opted not to pursue litigation during the pandemic. That implies a backlog of meritorious claims.
LCM CEO Patrick Moloney details that LCM has made strong progress in the first half of its fiscal year. Quality applications are up, and demand for legal finance is increasing as predicted. Most of the direct investment portfolio is balance sheet funded, and portfolio investments are reaching maturity. While timing remains somewhat unpredictable, that should smooth out as portfolio investments increase over time.
The District of New Jersey has proposed an amendment that, if enacted, would require disclosure when a plaintiff or defendant is utilizing third-party legal funding. The proposed Rule 7.1.1 would require filed statements detailing all information about non-parties providing funding for attorney fees and expenses, in exchange for a percentage of any award.
Earlier convictions for theft, fraud, and false accounting have finally been quashed after a legal skirmish lasting more than a decade. Thanks to support from third-party funder, Therium, thirty-nine sub-postmasters cleared their names after being prosecuted by the state-owned Post Office. The employees had been charged over shortfalls in various branch accounts. It was eventually discovered that Horizon, the IT system used by the Post Office, was to blame for the perceived financial shortfalls.
It may seem like a meritorious case and a competent legal team are all a plaintiff needs to recover funds. But what happens when a defendant declares bankruptcy? The situation becomes more complex for all involved—but it’s certainly not insurmountable if you know how to proceed.
As the science becomes more definitive, climate-related lawsuits are growing in number and size. Since 2018, legal actions relating to climate change have almost doubled—at over 1,700 cases globally. Thus far, nearly ¾ of the total lawsuits have been aimed at governments. This is sure to continue as closer attention is paid to the stated goals of the Paris Climate Accord.
Temur Akhmedov, the adult son of divorced Russian oligarchs Farkhad Akhmedov and Tatiana Akhmedova, has been ordered by a judge to pay his mother GBP 100 million. The judge, Gwynneth Knowles, reportedly called the younger Akhmedov “dishonest,” saying he would stop at nothing to assist his father.
RBG Holdings is the parent company for a number of legal entities including legal firm Rosenblatt Limited, Convex Capital Limited, and LionFish Litigation Finance. Now, RBG has added boutique law firm, Memery Crystal, to its stable of businesses.
In the United Kingdom, investor fraud is a growing problem. According to the UK’s own national reporting, Action Fraud received more than 17,000 reports of investment fraud—to the tune of over GBP 650 million. So what’s the good news? The Litigation Finance industry can be instrumental in helping defrauded people receive remuneration through collective actions.
Managing Director of Bench Walk Advisors, Adrian Chopin, makes it his business to dissect and quantify different aspects of the litigation funding market. Recently, Chopin examined the impact of operating costs by comparing two hypothetical cost structures used by funders.
Until last September, the US Patent and Trademark Office ran a review program when financial services companies are accused of infringing patents. The program was developed to adjudicate IP violation cases in less time and with more cost-effective conditions. That program has since expired—exposing banks and other financial service providers to a greater danger of lawsuits.
Business bankruptcy filings were up 29% in 2020 from the previous year. These numbers dipped slightly in 2021 thanks to government stimulus measures like PPP. However, as financial help from the government winds down—financial experts anticipate bankruptcy filings to spike again.
What exactly is social inflation? In the insurance context, it refers to progressively larger losses to insurers in the form of massive awards from juries. VerdictSearch data shows a 300%+ increase in verdicts in excess of $20 million compared to ten years ago. In the US alone, 79 class action settlements totaled an astonishing $2.3 billion last year. Social inflation is definitely occurring. But what’s causing it?
Litigation funding has dramatically increased its reach in the last few years. Last year, one global construction company entered into a portfolio funding arrangement that covered multiple jurisdictions—including some that were not privy to litigation funding before.
The New York State Trial Lawyers Association received a donation that has people talking. US Claims, a litigation funder based in Florida, gave $100,000 in a move some speculate is meant to influence government officials seeking to increase regulation.
Since the SCOTUS decision in FCA v Arch Insurance et al, Manolete has been developing new ways to approach making claims for businesses in the midst of insolvency. In many instances, it’s possible to get assistance in the form of immediate cash payments that leave room for a sizable share of recovered assets, and protection from costs.
Challenging economic times for a business can shed light on prior corporate misconduct. In 2020, there were multiple examples of corporate fraud exposed. As litigation related to insolvencies and fraud grows, institutional investors should be seeking out new strategies to ensure maximum possible recoveries.
Why are patent cases suddenly more plentiful in the Western District of Texas, when for years, the Eastern District of Texas was the reigning king? It could be the recent $2.18 billion verdict in a case against Intel Corp. The jury’s willingness to hand down such a high award is likely to attract interest in trying patent cases in the jurisdiction.
An order for securities for costs is meant to ensure that defendants can receive remuneration from an unsuccessful plaintiff. Monies are verified or set aside until the case is completed. If a securities for costs order is not met, a case may be dismissed. For the courts, deciding whether this is necessary can be a balancing act that weighs the hardship of a defendant who cannot recover costs, versus the financial burden to the plaintiff.
