News & Analysis as of

Third Party Funding

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

BCLP

The winding road ahead: navigating representative proceedings in the High Court

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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

International Lawyers Network

Law Firm ILN-telligence Podcast | Episode 92: Ron Davis | Fogler Rubinoff

Ron Davis is a partner with Fogler Rubinoff in Toronto, where he has over 35 years of litigation experience. In this episode, he and Lindsay chat about challenges and opportunities in the legal industry in Toronto and...more

Dorsey & Whitney LLP

Ensuring Access to Justice: The Litigation Funding Agreements (Enforceability) Bill and the Path Forward Post-PACCAR

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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

IMS Legal Strategies

GoSueMe: The Broken Promises Of Third-Party Litigation Funding

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Forget cryptocurrency—there is another kind of investment making the news in recent years and creating major headaches for corporate defendants: litigation funding. Originally published in the Winter 2024 Issue of In-House...more

Orrick, Herrington & Sutcliffe LLP

Litigation Finance: Questions Companies Should Consider in Deciding Whether to Pursue Litigation Financing

Litigation finance is a growing industry. Increasing awareness of the ability to finance lawsuits is changing claimants’ analysis of when to bring claims and how to fund their businesses while they do. In deciding whether...more

DRI

GoSueMe: The Broken Promises of Third-Party Litigation Funding

DRI on

Forget cryptocurrency—there is another kind of investment making the news in recent years, and it is one creating some major headaches for corporate defendants: litigation funding....more

Axinn, Veltrop & Harkrider LLP

Navigating the Complexities of Litigation Funding Discovery

For those who have not had a chance to attend one of our CLE presentations on Litigation Funding Disclosure, this IAM article provides a glimpse of the complex landscape for defendants seeking discovery on litigation funding...more

Axinn, Veltrop & Harkrider LLP

Collecting Attorneys' Fees From an Invisible Entity

Can a litigation financier controlling decisions from behind the scenes be held liable for fees under Section 285? The Federal Circuit may weigh in on this issue during oral arguments in Dragon Intellectual Property v. Dish...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 10

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Senators Focus Attention on Litigation Funding’s Opacity - Building on the momentum we previously noted related to litigation funding, on September 14, Senator John Kennedy introduced the Protecting Our Courts from Foreign...more

White & Case LLP

Upheaval in the Litigation Funding Industry: UK Supreme Court Rules that many Litigation Funding Agreements are Unenforceable

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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

McDermott Will & Emery

Landmark UK Supreme Court Ruling Strikes a Blow to Litigation Funding

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

A&O Shearman

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

A&O Shearman on

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

White & Case LLP

The Growth of Third-Party Funding: A Global Perspective

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Recent developments in Nigeria, India and China highlight the relentless global rise of third-party funding ("TPF"). These developments emphasise how TPF is now an integral part of arbitration proceedings across the world. We...more

Haug Partners LLP

Disclosure of Third-Party Funding Documents in Patent Litigation: A Shift Towards Greater Transparency in Patent Ownership and...

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Third-party litigation financing (TPLF) is an arrangement by which plaintiffs finance litigation costs through a non-party, typically a private firm that obtain funds from other investors. The commercial goal for a funder is...more

Butler Snow LLP

A Dive into Third-Party Litigation Financing and Third-Party Medical Funding

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A few years ago, commentators estimated there was $5 billion in litigation financing in the United States. Since then, the litigation funding industry has continued to grow. For good reason, Third-Party Litigation Financing...more

Jones & Keller, P.C.

Funding Litigation Goes Upscale to Companies and Law Firms

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Funding litigation has gone upscale from its more modest personal injury roots. With skyrocketing litigation costs, both public and private companies and law firms are turning to litigation funders to soften the short-term...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Financing Mini-Series: Bringing Claim Funding to a Successful Conclusion (Part...

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In this further episode in our mini-series on third party claim funding, Ian Meredith (Partner in the International Arbitration Practice of K&L Gates in London) speaks with Andrew Roberts (Head of Construction & Energy,...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Financing Mini-Series: Bringing Claim Funding to a Successful Conclusion (Part...

K&L Gates LLP on

In this further episode in our mini-series on third party claim funding, Ian Meredith (Partner in the International Arbitration Practice of K&L Gates in London) speaks with Andrew Roberts (Head of Construction & Energy,...more

ArentFox Schiff

EU Parliament Voted To Regulate Third-Party Funding

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On September 13, 2022, the European Parliament approved a report by its committee on legal affairs that calls for the introduction of a new regulatory framework to prevent abuses that may be caused by third-party-funded...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Funding Mini-Series: Key Issues In Third Party Funding – Part Two

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In this second episode in a mini-series on claim funding, Ian Meredith speaks with John Garda (Managing Director of Longford Capital LLC) regarding a number of the key issues related to third party funding of claims, from a...more

K&L Gates LLP

HUB Talks: Arbitration World: Introduction to Claim Funding Mini-Series: Relevant Considerations When Applying for Funding – Part...

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In this first episode in a mini-series on third party claim funding, Ian Meredith speaks with Tim Mayer (Senior Investment Officer, Therium Capital Management Ltd) regarding the process of applying for funding of claims,...more

Hogan Lovells

Les amendements au Règlement du CIRDI sont entrés en vigueur le 1er juillet 2022

Hogan Lovells on

Adopté par le Conseil administratif du CIRDI le 21 mars 2022, le nouveau Règlement du CIRDI (le « Règlement ») est entré en vigueur le 1er juillet 2022, avec l’objectif d’"une rationalisation des procédures pour permettre un...more

McDermott Will & Emery

New Amendments to ICSID Rules Come into Effect July 1, 2022

McDermott Will & Emery on

On July 1, 2022, the amended Regulations and Rules of the International Centre for Settlement of Investment Disputes (ICSID) (the 2022 Rules) will come into effect after being approved by the Member States on March 21,...more

White & Case LLP

Recent Arbitration Reforms in Nigeria

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Nigeria's recently passed Arbitration and Mediation Bill seeks to bring the country's arbitral practices in line with global standards, reaffirming Nigeria's position as one of the leading centres for commercial arbitration...more

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