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Looks Dubious – The Third Ground to Restrain a Lawyer from Acting

By John Freund |
The following piece was contributed by Valerie Blacker, commercial litigator focusing on funded litigation, and Amelia Atkinson, litigation and dispute resolution lawyer at Piper Alderman. Strata Voting Pty Ltd (In Liq) v Axios IT Pty Ltd and Anor[1] is a funded single plaintiff action. It involved a recent examination of the Court’s power to prevent a lawyer from acting in proceedings for a conflict of interest. The authors represented Strata Voting in its successful defense of the restraint application.
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Lex Ferenda Litigation Funding Expands to Denver; Announces Addition of Prominent Litigator and In-House Attorney Andrew Kelley

By John Freund |
Lex Ferenda Litigation Funding LLC “LF2” is pleased to announce its expansion to Denver, Colorado, with the addition of prominent in-house attorney and litigator, Andrew Kelley, who joins as Managing Director, Underwriting and Risk. He was previously Associate General Counsel and head of commercial litigation at Fortune 500 company, DaVita Inc. (NYSE: DVA).
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Key Takeaways from LFJs Special Digital Event: Mass Torts and Litigation Funding 

By John Freund |

On Thursday March 23rd, Litigation Finance Journal hosted a special digital event: Mass Torts and Litigation Funding. Panelists included Michael Rozen (MR), Founder and Managing Partner at TRGP Investment Partners, James Romeo (JR), Managing Partner at Greenpoint Capital, Brian Roth (BR), Chief Executive Officer and Chief Investment Officer of Rocade Capital, and Michael Guzman (MG), Partner at Kellogg, Hansen, Todd, Figel and Frederick. The discussion was moderated by Ed Truant (ET), Founder of Slingshot Capital.

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Unsubstantiated Arguments against Third Party Litigation Funding by the U.S. Chamber of Commerce

By John Freund |
The following piece was contributed by Boris Ziser and John Schneider of law firm Schulte Roth & Zabel. As famed British-American author and journalist Christopher Hitchens astutely observed, “exceptional claims require exceptional evidence.”[1] Alas, the U.S. Chamber of Commerce’s Institute for Legal Reform (“ILR”) overlooks Hitchens’ directive in its November 2022 paper “A New Threat: The National Security Risk of Third Party Litigation Funding” (“ILR Paper”). The ILR Paper, in short, makes an exceptional set of claims about the bad faith of American lawyers, the implied ineptness of our judges and the way our legal system functions, without providing the requisite evidence to back it up.
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Highlights from Brown Rudnick’s 2nd Annual European Litigation Funding Conference

By John Freund |
Last week, Brown Rudnick hosted its second European Litigation Funding Conference, which brought together a crowd of international thought-leaders from across the industry, and provided attendees with an agenda filled with insightful discussions on a wide array of issues. The conference proved to be a beneficial experience for all, with Augusta Ventures co-founder Robert Hanna describing it as ‘the pre-eminent litigation funding conference in Europe, if not the world’.
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Casting a Worldwide Net: How Litigation Funders Can Leverage Europe’s New Unified Patent Court

By John Freund |
The following article was contributed by Lionel Martin (Partner, August Debouzy), Pierre-Olivier Ally (Counsel, August Debouzy), Ben Quarmby (Partner, MoloLamken LLP) and Jonathan E. Barbee (Counsel, MoloLamken LLP).  Europe’s Unified Patent Court (UPC) is on the cusp of launch, confirmed for this June 1, 2023.  It has been eagerly anticipated by the patent litigation community across the member states—starting with 17 European countries, but expected to extend rapidly to all of Europe minus Poland, Spain, Croatia, and, most notably, the UK. The UPC has been long in the making: over ten years have passed since the agreement was first signed.  What is to be expected of this new court, and what opportunities does it present for litigation funders?
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Emerging Litigation and Corporate Boutiques Create Powerhouse Alliance

By John Freund |
American litigation boutique Invenio LLP and emerging global legal consultancy Biztech Lawyers today announced the launch of their cross-border partnership that will now provide an even broader range of legal and strategic business advice to clients who are facing moments of emergence, crisis, or transformation, either as an organization or in navigating new asset classes or markets.
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Immunity from Lawyer Malpractice – Uniquely Australian

By John Freund |
The following article was contributed by Valerie Blacker, a commercial litigator focusing on funded litigation, and John Speer, a lawyer in the Dispute Resolution and Litigation Team at Piper Alderman. While large class actions receive the lion’s share of media attention, litigation financiers also regularly fund litigation involving a single plaintiff. Given that solicitors are required to maintain professional indemnity insurance, they can be, in instances of negligence, an attractive prospect for financiers: they are well-resourced and have the capacity to satisfy any judgment awarded against them.
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Dutch class action progressing against Airbus relating to large-scale corruption and bribery

By John Freund |
For many years, Airbus allegedly facilitated large-scale bribery and corruption in its aviation business. Airbus did not adequately inform the investing public about its wrongful conduct. Investigations by various authorities subsequently resulted in Airbus having to pay a fine of approximately € 3.6 billion (US$ 4 billion).
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Funder Spotlight: Hedonova

By John Freund |
Hedonova is a hedge fund that was established in 2020, and it specializes in alternative investments. The company has offices located in various parts of the world, making it accessible to investors from different regions. Alternative investments are unique investment opportunities that do not conform to the standard categories of investments such as stocks and bonds. Hedonova’s portfolio of alternative investments encompasses a diverse range of assets, including startups, real estate, fine art, wine, and cryptocurrencies.
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AIR Asset Management Partners with Kerberos Capital Management to Add Legal Finance Allocation to its Multi-Strategy Product

By John Freund |
AIR Asset Management (“AIRAM”), a Chicago-based hedge fund management firm focused on investing in life settlements, annuities, and private credit, today announced its strategic partnership with Kerberos Capital Management (“Kerberos”), a leading private credit asset management firm that specializes in direct lending to law firms. The partnership enables AIRAM to enhance and further diversify its multi-strategy investment product through adding a legal finance asset allocation focused on law firm lending. 
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LegalPay announces the exit of its First Litigation Financing SPV, generating more than 27% returns

By John Freund |
LegalPay, India’s largest legal financier, has announced the exit of its commercial litigation financing SPV (Special Purpose Vehicle), delivering 27% IRR over a tenure of less than 2 years. LegalPay currently manages INR 2,500 crores in claims under management and looks to add additional INR 5,000 crores in calendar year 2023. 
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Request for Funding in Irish Breach of NDA Case

By John Freund |
A new request for funding by an Irish law firm seeks financing for commercial proceedings in the London High Court on behalf of a private company and two of its directors. The claim is being brought against an unnamed European Union state authority in relation to the alleged breach of a non-disclosure agreement which then led to the alleged theft of the plaintiff’s intellectual property.
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Winshear Gold Commences Arbitration Proceedings Against the Government of Tanzania for the Expropriation of Its SMP Gold Project

By John Freund |

Winshear Gold Corp. (TSXV: WINS) (‘Winshear’, the ‘Company’, or the ‘Claimant’), formerly Helio Resource Corp., provides the following update on the dispute with the United Republic of Tanzania (“Tanzania”) which is the subject of arbitration through the International Centre for Settlement of Investments Disputes (“ICSID”), a member of the World Bank.

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The Secret to Success with Trade Secrets – 5 Factors That Litigation Funders Should Consider When Evaluating Trade Secrets Cases

By John Freund |
The following article is a contribution from Ben Quarmby and Jonathan E. Barbee, Partner and Counsel at MoloLamken LLP, respectively.  Litigation funders have trade secrets on their minds.  Since the introduction of the Defend Trade Secrets Act (DTSA) in 2016, trade secrets litigation has been on the rise.  Over a thousand trade secrets cases were filed in federal court in both 2021 and 2022.  By all accounts, that trend is set to continue.  Big verdicts have followed, with some trade secrets verdicts now rivaling the biggest patent verdicts.  In the information age, a company’s most valuable intellectual property may not be its patents after all, but the wealth of non-patented, proprietary information surrounding its ideas—its trade secrets.
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CFO’s and Litigation Finance: The Time is Ripe for Adoption

By John Freund |
One of the holy grails of litigation funding has long been for funders to convince CFOs to view litigation through a commercial lens, and unlock the value of their legal assets. While straightforward and practical, the evolution of the CFO mindset on this issue has been slow to materialize. Many in the litigation funding community blame cultural norms—old habits are simply hard to break, which is especially true when things are going swimmingly. But with inflation upon us and a recession looming, the time is ripe for CFOs to reconsider their firm’s relationship to litigation funding.
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GLS Capital and Nanoco Group Announce ‘Transformative’ $150 Million Settlement of Nanoco v. Samsung Patent Litigation

By John Freund |

 GLS Capital, one of the world’s largest private investment firms focused on litigation finance, announced today its financial partnership with Nanoco Technologies in its patent litigation against Samsung Electronics Co. in U.S. District Court and related proceedings in the U.S. Patent and Trademark Office (USPTO), Germany and China.

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