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
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
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
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
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
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
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
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
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
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
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
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
Litigation funding, also called litigation finance, is a rapidly growing industry and involves a practice where a third-party funds some, or all, of a plaintiff’s legal expenses in exchange for a portion of the proceeds from...more
In August of 2020, the American Bar Association (ABA) House of Delegates issued "Best Practices for Third-Party Litigation Funding" (the "Report"). Litigation funding, in any of its various forms, is largely unregulated by...more
The Situation: Following a boom in class actions backed by litigation funders, the Australian Federal Government has introduced new regulations which classify litigation funding schemes as "managed investment schemes" and...more
With early family roots as coal miners in Pennsylvania, Bill Farrell’s father was able to go on to become president and CEO of one of the largest U.S. trade organizations. By watching his father’s success in both business and...more
On Wednesday, June 3, 2020, the Minnesota Supreme Court approved of the practice of litigation funding in the state, abolishing common law restrictions prohibiting third parties from covering all or part of the costs of...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
IAReporter reports that on January 27, 2020, in the case of Dirk Herzig as Insolvency Administrator of the Assets of Unionmatex v. Turkmenistan, an ICSID tribunal, comprised of Nathalie Voser, Philippe Sands, and Lucy Reed as...more
The market for litigation finance shows no signs of slowing down, but pressure from rulemaking bodies and the judiciary may reshape whether and to what extent funding arrangements must be publicly disclosed. The use of...more
Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on...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 funders are well aware that half of the potential market is largely untapped. Clients would prefer to focus on their business rather than litigation, and offload some or all of their defense costs to a third-party....more