Content for the Public

Burford Capital, the leading global finance and asset management firm focused on law, today releases new independent research that reveals how businesses are finding solutions to extract greater value from legal claims and judgments, based on a survey of 350 GCs, heads of litigation and senior in-house lawyers in the US, Europe, Asia, Australia and the Middle East.

Burford Capital Limited, the leading global finance and asset management firm focused on law, today releases the following statement in connection with the September 8, 2023 Findings of Fact and Conclusions of Law (the “Ruling”) issued by the United States District Court for the Southern District of New York (the “Court”) in connection with the Petersen and Eton Park cases against the Republic of Argentina and YPF (the “Case” or the “YPF Litigation”).

The American Legal Finance Association (ALFA) objects on behalf of its 30 members to the Case Management Order No. 61 issued by U.S. District Judge M. Casey Rodgers on August 29, 2023 in the 3M Combat Arms Earplug Product Litigation. The Order prohibits claimants in the Litigation from obtaining consumer legal funding without court approval and does not cite any applicable factual basis or legal precedent for such an order. The Order was issued without providing any due process to ALFA members whose funding contracts are in demand by claimants.

Litigation Capital Management Limited (AIM:LIT), a leading international alternative asset manager of disputes financing solutions, announces the outcome of the settlement reached in an Australian class action funded by it.

• EDLC Investing is a relatively new, niche market requiring highly specialized skills
• EDLC has many advantages over CLF investing, although it is not a directly comparable investment strategy due to its application to publicly traded markets
• EDLC investing requires investors to have more of a buy/hold mentality than a ‘trader’ mentality due to the ‘fundamental’ risk being assumed
• Despite EDLC ‘events’ being non-correlated, the publicly listed security aspects of their portfolios add some level of correlation which will impact fund performance, both positively and negatively

The Minnesota Supreme Court took a significant step to ensuring equal access to justice with their decision in Maslowski vs. Prospect Funding Partners LLC. yesterday, overturning the trial court and Court of Appeals holding and ruling unanimously that Consumer Litigation Funding is not subject to usury law as there is no absolute requirement to repay. In their decision, reversing the trial court and Court of Appeals, the Minnesota Supreme Court ruled that the repurchase rate in Prospect’s agreement was not subject to Minnesota’s usury statute. The American Legal Finance Association (ALFA) filed the only amicus curiae brief in this case on behalf of the interest of their members.