Law Firm ILN-telligence Podcast | Episode 92: Ron Davis | Fogler Rubinoff
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates
Goldberg Segalla Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts
State AG Pulse | Money, Money, Money: Where does it go and why?
Preparing for Litigation in the U.S.
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
CorpCast Episode 2: Advancement 101
How This Investment Firm Hopes to Revolutionize Litigation in America
With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more
The UK’s snap general election has delayed indefinitely the progress of draft legislation which had been introduced with a view to restoring the pre-PACCAR status quo in which litigation funding agreements were distinct from...more
Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more
Litigation funding agreements have been very much in the spotlight since the decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others, in which the Supreme Court of the United...more
The PACCAR Judgment - The Supreme Court of the United Kingdom’s (Supreme Court) ruling in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28...more
The UPC decides that the defendant’s financial situation and location matter. On 30 October 2023, the Munich Central Division of the UPC (the Court) issued an order stating that NanoString must provide security to Harvard...more
As total adjudication is a lofty finish line for many mass and class disputes, settlement is a crucial factor. As class actions continue to rise in prominence in the UK, the United States offers many lessons to emulate and...more
On 6 October 2023, the UK Court of Appeal (the Court of Appeal) delivered its judgment in Mints v. PJSC National Bank Trust and PJSC Bank Otkritie.1 In its decision, the Court of Appeal confirmed that English courts can enter...more
The High Court has ordered that ClientEarth pay Shell’s costs in connection with all aspects of ClientEarth’s unsuccessful application for permission to continue a derivative claim against Shell and its directors. This is a...more
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
On 14 April 2023, the Governor of the Cayman Islands issued a general licence (GL/2023/0002) for the payment of legal fees (the “Cayman General Licence”). This means that, under specified circumstances, Designated Persons...more
In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be...more
On 26 July 2023, the UK Supreme Court gave judgment in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others. By a majority of four to one, the Supreme Court held that litigation funding...more
In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more
Costs matter - in collective proceedings, where costs can be staggeringly high at the certification stage alone, costs allocation can be an important factor influencing parties’ litigation conduct. However, costs...more
The ruling is also a reminder of the circumstances in which the court may order indemnity costs for such failures. On 29 July 2022, the UK High Court ruled in Cabo Concepts Limited v. MGA Entertainment (UK) Limited that...more
On 25 February 2020, the Court of Appeal in Chapelgate Credit Opportunity Master Fund Ltd-v-Money & Others confirmed that the liability of a commercial funder of an unsuccessful action should not automatically be limited to...more
The Court’s ruling supports the general principle that costs follow the event. In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris [2019] EWHC 2735 (Ch), the English...more
In PJSC Tatneft v Bogolyubov [2019] EWHC 1400 (Comm) the High Court gave a useful indication as to the readiness of the English Courts to award security for costs against a Russian domiciled claimant, in view of perceived...more
In a decision handed down last week, Jofa Limited and Joseph Farah v Benherst Finance Limited and Chestone Industry Holding [2019] EWCA Civ 899, the Court of Appeal considered the rules regarding the costs of applications for...more
Davey v Money and others [2019] EWHC 997 confirms that litigation funders can no longer rely on the ‘Arkin cap', to limit their adverse costs exposure to the amount of funding they contributed. The decision continues the...more
Litigation funding, the third-party financing of legal costs in disputes, is increasingly common in the UK. As litigants have become comfortable with sophisticated litigation funders, these funders are responding to business...more
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more
Commercial court litigation is often seen as a tactical weapon that provides a means to a greater end, in an international context the end perhaps being the securing of an English judgment that might then assist parallel...more
On 31 July, Lord Justice Jackson published a report containing a series of proposals on civil litigation costs. While mainly focused on fixed recoverable costs, the report also contained a radical suggestion: to extend the...more