Stay on top of regulatory updates taking place throughout various jurisdictions across the globe.

As third party funding markets around the world mature, regulatory scrutiny will continue. Attorneys looking to engage in funding arrangements that are in contrast with ethical guidelines may be reprimanded…

Tricky case law can creep in when least expected. With funders serving as members of the litigation team of advisors, some aim to include litigation investors as co-claimants. The Paris…

Trade restraints, fixing prices and monopolistic tendencies often breed the essence of unfair competition. Complicating the picture, cross-border litigation requires an increasingly sophisticated, techno-scientific approach to win potential multi-district damages….

Cadwalader, Wickersham and Taft LLP, sports a rich 225 year history, and is widely recognized as one of the pioneers in legal innovation. For example, Cadwalader won recognition for leading…

The World Bank hosted member states of the International Center for Settlement of Investment Disputes (ICSID), which approved a landmark set of rules meant to guide dispute resolution between international…

Ireland’s population has experienced a long history of affordability challenges when accessing the Irish court system. The Chief Justice of Ireland’s Supreme Court has issued new guidance that hints at…

International arbitration has experienced an uptick in activity over the past decade, with litigation finance driving increased accessibility to quality arbitration outcomes. Hong Kong and Singapore have both passed regulations…

There is an ongoing argument against the global litigation finance community purporting that litigation investment is a key driver of social inflation. Many critics of the growing litigation finance ecosystem…

A recent decision by the High Court of Australia (HCA) expanded the scope of s596A of the Corporations Act 2001, regarding public examinations and who has standing to conduct them….

Europe and the United Kingdom continue to pummel United States technology giants with billion-dollar claims to kill marketplace manipulation related to anti-competitive behavior. This begs the question of if regulators…

One of the most common assertions from Litigation Finance naysayers is that access to funding to pursue cases will result in frivolous lawsuits that lack merit. Claims that such filings…

As the litigation funding industry grows, many newcomers are flocking into the sector. This in turn has led to a number of mergers and new partnerships between funders. But what…

Singapore recently passed a Legal Professional (Amendment) Bill that permits CFAs (conditional fee arrangements) in international arbitrations. This change, introduced by the Legal Professional (Amendment) Act 2022, is said to…

Chief Justice James Allsop has a lot to say about class action reform in Australia. He asserts that class actions have an inherent public benefit—one that’s in constant danger of…

Can the medieval doctrines of champerty and maintenance impact litigation funding agreements today? Most jurisdictions have abolished the outdated concepts prohibiting anything that looks like third-parties betting on litigation—but it…

The future of the litigation funding marketplace in Australia is a hot topic of late. Canberra (Australia’s capital city) is putting pressure on litigation investor returns by suggesting a 30%…

Litigation Finance is alive and well in India and was affirmed to be in line with public policy since the Ram Coomar Coondoo and Others v Chunder Canto Mookerjee (1876)…

‘Locus standi’ or ‘standing’ is a law definition that sets conditions on legal remedies. The overall premise is that the court must be convinced of adequate details of connection to,…

Courts have established a welcoming environment for third-party legal funding in Israel. Individual issues still remain vague, as no comprehensive rulings governing funding have been issued. Still, courts have responded…

It’s been nearly seven months since District of New Jersey Local Rule 7.1.1 came into effect. The rule requires disclosure of the existence of third-party litigation funding within 30 days…

There is a third party funding battle playing out in Australia. The argument Omni Bridgeway, Vannin Capital, ICP, Litigation Lending and Balance Legal Capital are making Is that the Australian…

Singapore began the year with an extended approach to the interpretation of third party funding frameworks (TPF). The Singapore International Commercial Court (SICC) now allows TPF coverage for some cases,…

Class action reforms are being assessed across Australia. Concern has been raised over a proposed 30% cap on litigation funding payouts. Critics say that the cap would seriously hamper access…

Federal Rule 26 serves as general guidance to the duty of disclosure during discovery proceedings. The question is, should litigation finance agreements fall under Federal Rule 26’s purview? Significant effort…

Anyone seeking to challenge a litigation funding agreement got a severe message from the Fifth Circuit court in December. The message is: You’d better have standing. An opinion by Judge…

Understanding the difference between monetization and enforcement is essential when developing a strategy to navigate a situation requiring an award to be enforced. This was discussed by Annie Lespérance, Head…

As of January 12, conditional fee arrangements—once banned outright in Singapore—are now permitted in some case types. No win, no fee agreements are allowed in international and domestic arbitrations, some…

Pursuant to a case involving bid-rigging from some of the world’s largest banks in 2013, a 2019 dismissal affirmed a longstanding precedent in the United States: Dead people can’t sue….

Five years ago, Essar vs Norscot brought about a landmark decision. The English High Court upheld a ruling requiring that the defendant cover the claimant’s costs associated with legal funding…

Precedent has been set by Kent v. Apple. on the merits of ATE premium privacy. The court ruled that Apple is not privy to ATE policy details, in that it…