Litigation Funding

News & Analysis as of

5 Takeaways from the Emory/FJC Conference

Last week, I had the privilege of attending the FJC’s 2016 Complex Litigation Conference, held in conjunction with Emory Law School’s Institute for Complex Litigation and Mass Claims. [Disclosure: I serve on the Institute’s...more

Claimant ordered to disclose identity of third party funder

Stuart Barrie Wall v The Royal Bank of Scotland plc [2016] EWHC 2460 (Comm), 7 October 2016 - The Commercial Court ordered a claimant to disclose the identity of a third party funding the litigation he had commenced...more

Third party funders held liable for costs on an indemnity basis

Excalibur Ventures LLC v Texas Keystone Inc & Ors [2016] EWCA Civ 1144, 18 November 2016 - The Court of Appeal has provided important guidance on the extent to which third party litigation funders may be liable to pay...more

Excalibur Litigation: Court of Appeal Confirms that Funders Will Be Put to the Sword

- In the recent decision of Excalibur Ventures v Texas Keystone and others, the Court of Appeal has provided important guidance on the extent to which third party funders may be required to pay the costs of a defendant who...more

Costs of third-party funding awarded in arbitration

The Commercial Court has stated that it is within an arbitral tribunal’s discretion to award to a claimant its costs of third-party funding, including the uplift payable by the claimant in the event of success. This decision...more

Arbitrator's award of third party funding costs upheld by High Court

A recent High Court decision upheld a costs award in arbitration proceedings that included third party funding costs. The Court concluded that the arbitrator had wide discretion to award costs, which included the award of...more

Do Funders Deserve Benefit Fees?

The business of third-party funding of litigation is said to be rapidly growing. Typically, the entity putting up the money (a funder) signs a contract with a plaintiff to pay the costs of a lawsuit in return for a percentage...more

Litigation Funding Contract Invalidated as Champertous in Pennsylvania

This post does not involve a drug/device case – or even a tort case - but counsel worried about potentially abusive litigation funding should take a look at WFIC, LLC v. Labarre, ___ A.3d ___, 2016 WL 4769436 (Pa. Super....more

Building a Portfolio of Court Cases the Way a Quantitative Hedge Fund Buys Stock

For the last couple of years, Dan Katz has been telling me and anyone else who would listen that law will eventually be a subfield of finance. Following Dan's reasoning, this will occur because legal risk can be modeled and...more

Bankrolling Class Actions: Court Rules That Plaintiff Must Identify Third-Party Funder Of Class Action Lawsuit

Seyfarth Synopsis: The increasingly common practice of third-party funding of class actions, which provides tax incentives to plaintiffs’ attorneys and third-party funders alike, may no longer be protected under...more

Third Party Funding: a New Chapter in Hong Kong & Singapore

The legal landscape is changing in South East Asia for third party funding of international arbitration. Third party funding – by which a commercial fund finances a case in exchange for a share of the damages – has...more

Singapore to Consider Third-Party Funding in International Arbitration

The Singapore Ministry of Law has commenced a public consultation of the Draft Civil Law (Amendment) Bill 2015 and Civil Law (Third Party Funding) Regulations 2016....more

Pro Te: Solutio - Vol. 8 No. 5

The Spring 2016 issue of Pro Te Solutio deals head-on with issues that are driving litigation in this modern era. And as it is with many issues, there are two sides to every story. The first topic we wrangle involves the...more

Court Takes a Liberal View of Privilege for Communications Between a Plaintiff and a Litigation Funder

With litigants' increasing reliance on litigation funders, courts have had to wrestle with privilege and work product issues, including whether litigants and their litigation funders share a "common interest" allowing the...more

Distressed Download

Lessons from Sabine - In March, Bankruptcy Judge Shelley Chapman held that Sabine Oil & Gas Corp. satisfied the standards for rejection of several gathering and handling agreements between Sabine and its midstream...more

Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court for the Southern District of Florida recently denied in part an involuntary...more

Litigation Funding Cements England’s Insolvency Litigation Hub Status

Much like the English Scheme of Arrangement which has become a popular debt restructuring solution for international debtors, the English High Court is an attractive forum for insolvency litigation thanks to the potent...more

Alert: What US GCs Should Know About Litigation Funding in England & Wales

The situation may be a familiar one: a client with a meritorious claim, but insufficient financial resources (or even C-suite support) to pursue matters. In this tip sheet, we explain how the continued growth of litigation...more

Orrick's Financial Industry Week in Review

Litigation Finance: A Brief History of a Growing Industry - Litigation costs money. Litigation finance can provide the cash a plaintiff needs to prevail in court. Plaintiffs holding valid—and potentially quite...more

Delaware Superior Court Permits Use of Litigation Finance

The Delaware Superior Court recently denied a motion to dismiss an action based on a claim that the litigation financing used by the plaintiff constituted unlawful champerty and maintenance. The March 9, 2016, decision in...more

Delaware Court Approves Litigation Funding Agreement

The Delaware Superior Court issued a recent decision providing the following guidance to parties regarding how to properly structure litigation finance agreements in order to avoid claims of champerty and maintenance: (i) the...more

Litigation Funding and Other Monetization Tools for Israeli Innovators and Investors

Protecting the value of Israeli businesses involved in cross-border legal disputes may require aggressive assertion of rights in claims against joint venture partners, distributors, licensees, customers, or infringers of...more

[Event] International Arbitration Boot Camp: Do You Want Someone Else to Pay Your Legal Fees? It's Possible–Third-Party Funding of...

Third-Party Funding of International Arbitration and Litigation will explore what to expect when involving third parties (e.g., investment firms) to fund your litigation or arbitration....more

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

December 2015: International Arbitration Update

Increasing Trend of Requiring Disclosure of Litigation Funding Agreements in International Arbitration. Third-party funding of litigation is a fast- growing industry, and funders have become increasingly active in funding...more

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