News & Analysis as of

Litigation Funding

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

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

Do Funders Deserve Benefit Fees?

by Morris James LLP on

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

by Reed Smith on

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

by William Henderson on

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

by Seyfarth Shaw LLP on

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

by White & Case LLP on

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

by Morgan Lewis on

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

by Butler Snow LLP on

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

by McGuireWoods LLP on

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

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