Tag Archives: litigation

Litigation Finance and Insurance

Corporate litigation finance is a new phenomenon in the United States. However, it is rapidly developing. At first, corporate litigation finance was perceived as relevant only to the financially weaker party. Now major corporations with strong balance sheets recognize the benefits of using it. To manage to present the possibility of litigation finance to the board, general counsel will ask questions about how it works, its benefits and risks. According to James Blick, principal of TheJudge and head of its U.S. operations, and Erika Levin, Esq., senior vice president at TheJudge, there are 5 tips for securing the best funding terms possible from the market.

Read full article at InsideCounsel.com

Summarized by Natalia Tsar.

Third-party arbitration funding in the Netherlands

Nowadays, the Netherlands has a developing third-party arbitration funding market. A lot of international funders are active on the Dutch market. Third-party funding is more typical in the Dutch court litigation funding. Funders are active in relation to cartel damages follow-on litigation, at the enforcement stage, in relation to both arbitral awards and court judgments. Funding respondents appear less common. Claimants use arbitration or litigation risk insurance as an alternative to third-party funding. The initial fees are covered by the claimant and, in case of a negative outcome, by the insurer.

Read full article at Lexology.com

Summarized by Natalia Tsar.

Therium Capital Management to Speak at the Litigation Funding Conference

Neil Purslow, Co-Founder and Chief Investment Officer at Therium Capital Management, will speak on a panel covering litigation finance in the United Kingdom and the European Union at the Litigation Funding Conference in London on October 2, 2017.

Therium Capital Management was founded in London and Jersey in 2009. Now it is one of the most established global litigation financing firms, with a market-leading track record of generating superior returns for its investors. In April 2016, Therium became the first European litigation finance company to launch a full service business in North America. In June 2016, it introduced litigation financing to Scandinavia, and in March 2017 – to Germany. Therium has constantly been at the forefront of innovation in litigation finance. It combines the use of insurance tools alongside funding vehicles, and introduces portfolio funding products into the UK.

Read full article at http://lf2017.com/T/14.php

Summarized by Natalia Tsar.

Class Action Determination on Litigation Funding Agreement

Class Action Determination is being based on Litigation Funding Agreement by the Australian Court. Bellamy Australia Ltd, a major Australian food and beverage company, is dealing with dual shareholder class action suits. Both cases are similar. With the major disparity being the specifics of the litigation funding agreements in each, Bellamy Australia Ltd moved to have both proceedings permanently stayed. The Australian courts now have to make an interesting decision.

Read full article at Litigationfinancejournal.com

Summarized by Natalia Tsar.

Third party litigation funding of class actions in Ontario

In Houle v. St. Jude Medical Inc., 2017 ONSC 5129, Bentham IMF Capital Inc., an Australian-based litigation financing firm, entered into a financing agreement with Mr. and Mrs. Houle. They are plaintiffs in a proposed class action alleging negligent manufacture and distribution of implantable cardiac defibrillators and failure to warn of rapid, premature battery depletion.

As for contingency fee, the later the stage at which the action is resolved, the larger the payout that Bentham would receive. Justice Perell reviewed existing case law. His Honour stated that third party funding agreements could be approved only if they were legal, fair and reasonable. However, the Bentham funding agreement failed some conditions that had to be satisfied in order for a court to approve a third-party funding agreement. It ran the risk of overcompensating Bentham and interfered with the lawyer-client relationship.

Read full article at SecuritiesLitigation.blog

Summarized by Natalia Tsar.

Harbour Litigation Funding to Speak at the Litigation Funding Conference

Harbour Litigation Funding will speak at the Litigation Funding Conference in London on October 2, 2017. Harbour is one of the largest in the third party funding. It operates globally from offices in London and Hong Kong. Harbour has been funding disputes since 2002. It works with law firms and clients to eliminate exposure to the cost of legal disputes through innovative solutions. Harbour is authorised and regulated by the UK Financial Conduct Authority and is a founding member of the Association of Litigation Funders the UK regulatory body responsible for litigation funding and abides by its code of conduct.

Read full article at http://lf2017.com/T/11.php
Stephen O’Dowd, Senior Director of Funding at Harbour Litigation Funding, explains why he wants to share his litigation finance experience and what he will discuss on the panel during the conference.

Watch video here: Youtube.com

Woodsford Litigation Funding at the Litigation Funding Conference

Steven Friel, CEO of Woodsford, will discuss the future direction of the industry and the global opportunities for litigation funding at the Litigation Funding Conference in London on October 2, 2017.

Woodsford Litigation Funding was founded in 2010, with offices in London and Philadelphia. It provides tailored litigation financing solutions for businesses, individuals, and law firms. This includes both single case and portfolio litigation funding and arbitration funding. Woodsford is a founder member of the Association of Litigation Funders of England and Wales.

Read full article at http://lf2017.com/T/7.php

Summarized by Natalia Tsar.

Watch video here: Youtube.com

Potential benefits of portfolio litigation funding

Third-party funding is used to provide access to justice for clients without means to pay for a strong case. At present, the litigation industry is developing. And litigation funding can offer an alternative to the cost burden of litigation. That is portfolio funding.

Portfolio funding means that multiple claims may be considered and funded under a single facility. It enables a law firm to reduce risk and variability as it pursues client matters across its portfolio of engagements. Portfolio funding is able to stabilize a law firm’s financial position. It reduces risk and eases cash flow challenges associated with alternative billing arrangements. Portfolio funding can offer law firms elusive visibility. That is the ability to advance meritorious cases backed by the confidence that certain legal fees will be paid in a timely manner.

Read full article at GlobalLegalPost.com

Summarized by Natalia Tsar.

Brexit effect on the litigation funding market

In the process of Brexit negotiations a lot of attention has been placed on freedom of movement and the status of EU citizens in the UK. There is also a question of what role the European Court of Justice will play in UK law. It is obvious that Brexit will have significant consequences for all sectors and markets, including litigation funding.

As a result of Brexit, the number of funded disputes in the UK is likely to rise. Also, it looks as if English courts will once again be permitted to grant anti-suit injunctions. And it can be a powerful weapon in international disputes. It is also becoming clear that the UK’s withdrawal from the EU won’t affect funded disputes negatively.

Read full article at Lexology.com

Summarized by Natalia Tsar.