News & Analysis as of

Litigation Funding

The Class Action Chronicle - Summer 2017

This edition focuses on rulings issued between February 15, 2017, and May 15, 2017. It begins with an article on the federal judiciary beginning to take notice of issues surrounding third-party litigation funding and testing...more

Litigation Funding in Ireland: Still Champertous in the 21st Century

by Sedgwick LLP on

On 23 May 2017, the Supreme Court of Ireland handed down an important judgment in the case of Persona Digital Telephony Ltd and Sigma Wireless Networks Ltd v The Minister for Public Enterprise, Ireland and the Attorney...more

Intellectual Property Litigation Financing

by Miles & Stockbridge P.C. on

IP litigation is expensive and risky. A patent owner relies on costly experts and attorneys, and confronts the possibility that the entire case could be dismissed at any point during a lengthy litigation process (likely...more

Professional third-party litigation funder ordered to pay security for costs

by Allen & Overy LLP on

The High Court ordered security for costs against a commercial litigation funder but declined to do so in respect of a third-party funder who was not involved in litigation funding as a business. The case is interesting for...more

The Missing Key To Third-Party Litigation Funding

Civil litigation, once a realm confined to rules-based conflict resolution between adverse parties, has become profitable commerce in the United States. Where commerce thrives, investors looking for healthy returns follow....more

Recent Rulings and Regulations Equals Recognition: Progress in the Litigation Finance Industry

by Blank Rome LLP on

Recent rulings and regulations addressing litigation finance are the best indicators that courts and States are finally catching up to a booming third-party litigation finance industry. Complex commercial litigation...more

Third-Party Litigation Funding: Are Businesses At Risk For More Class Actions?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: American and international courts have been debating the tentative legality of disclosing third-party litigation funding. In this vlog video, Seyfarth Shaw Associate Alex Karasik sits down with class action...more

£7.5 million security for costs awarded against foreign litigation funder

by DLA Piper on

In a judgment handed down on 23 May 2017 in The RBS Rights Issue Litigation [2017] EWHC 1217 (Ch), the court ordered a BVI registered litigation funder to pay £7.5 million security for costs, conditional on the...more

Litigation Funding and Its Implications for US and UK Insurers

by Sedgwick LLP on

Litigation funding is growing rapidly with the emergence of new funds and wealthy individuals willing to back cases in an ever-expanding number of jurisdictions, including in the US and the UK. It is enabling claims to be...more

Disclosure of the identity of funders and existence of ATE insurance

by Allen & Overy LLP on

In The RBS Rights Issue Litigation [2017] EWHC 463 (Ch), 9 March 2017, the High Court set out important principles with respect to the circumstances in which disclosure of the identity of third-party funders and details of...more

Top Four Trends From INSOL Sydney 2017

by Kobre & Kim on

On the heels of the recent INSOL Quadrennial Congress, which took place in Sydney, Australia, Kobre & Kim’s global bankruptcy and debtor-creditor disputes team joined colleagues from around the world to discuss developing...more

"Third-Party Litigation Financing: Mandatory Disclosure on the Horizon?"

The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more

Transparency Watch: Federal District Court Mandates Automatic Disclosure of Third-Party Funding Arrangements for Class Actions

by Carlton Fields on

In January, the U.S. District Court for the Northern District of California announced a change that makes litigants in putative class action suits subject to requirements mandating automatic disclosure of third-party funding...more

Toward Disclosure of Third-Party Litigation Funding in Class Actions

In January 2012, a natural gas-drilling rig exploded off the coast of Nigeria and burned for more than 40 days. Two years later, six Nigerians filed suit in the U.S. District Court for the Northern District of California...more

Proposed Fairness in Class Action Litigation Act of 2017 Seeks to Curb Attorney Abuses of Class Action Device and Expand Class...

by K&L Gates LLP on

On February 9, 2017, Rep. Robert Goodlatte (R-Va.), the Chairman of the House Judiciary Committee, introduced the Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”). The Act significantly expands the...more

Mandatory Disclosure of Third-Party Funding Agreements for Proposed Class Action Lawsuits

by BakerHostetler on

For years, certain lenders have agreed to fund all or part of a party’s litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice called “third-party litigation funding.” This...more

Singapore to permit third party funding of international arbitrations

by Dechert LLP on

Singapore is poised to become the first jurisdiction in Asia to introduce legislation permitting the use of third party funding in support of international arbitrations and related proceedings.? This follows the passing of...more

Judgments

by Dentons on

Third party litigation funding – Court of Appeal decision on costs liability - Excalibur Ventures LLC v. Texas Keystone Inc and others [2016] EWCA Civ 1144 - November 2016 saw the Court of Appeal unanimously dismiss...more

Texas Legislative Outlook

by Strasburger & Price, LLP on

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

5 Takeaways from the Emory/FJC Conference

by McGuireWoods LLP on

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

by Allen & Overy LLP on

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

by Allen & Overy LLP on

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

by White & Case LLP on

- 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

by Allen & Overy LLP on

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

by White & Case LLP on

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

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