We’ll keep you current about everything in litigation finance in one easy-to-read email each week.

Subscribe to Newsletter
Malcolm Hitching, James Popperwell, Nikolas Ireland and Jack Bodkin of Macfarlanes present the results of their firm's recent survey of London litigation funders, noting that, among other things, funders are actively seeking the development of the co-investment and secondary markets.
The “explosive growth” of litigation funding is behind an increase in class actions across Europe over the past two years, a report by the law firm CMS has argued. Kenny Henderson of CMS warns though that “as litigation funding expands, and in particular into class actions where the class members are often private individuals without independent legal advice, we are expecting increasing calls for formal statutory regulation.”
A lawsuit filed in New Zealand against the two major banks in September will be allowed to proceed on an opt-out basis, a significant ruling according to lawyer Scott Russell. The case is being jointly funded by Australian litigation funder CASL and New Zealand litigation funder LPF Group.
A decade after the stunning fall of Dewey & Leboeuf, the mega firm’s former chairman is working as a litigation finance consultant in London but wants to give his take on why the firm collapsed.
Several recent cases are showing that London courts are welcoming Russians no more. Like the April case at the commercial court where lawyers acting for Russian bank Vneshprombank were trying to hold down a freeze on assets held by a fugitive banker and one-time boss of the country’s bobsleigh team. The suit was being financed by a litigation funder, A1, previously owned by two of Russia’s richest men. A1’s attorneys were banned from entering the U.K. and the judge refused a video link to Moscow, despite the attorneys' arguments that A1 had been sold to a businessman not touched by U.K. sanctions.
Delaware federal judge Colm Connolly put VLSI Technology's patent case against Intel on hold last week, citing a failure to provide sufficient information about the company's investors in accordance with the standing order he issued in April. Connolly said that VLSI's disclosures gave vague information and improperly redacted details about several entities with a stake in the company.
Drew Baker of Charles Lyndon shares that the UK Court of Appeal has upheld the Competition Appeal Tribunal’s decision to approve collective proceeding orders in a case being brought, with the backing of Woodsford, against certain train operating companies for failing to make “boundary” fares readily available to Travelcard holders and failing to make passengers aware of their existence.
Peter Johnston of Mason Hayes & Curran LLP predicts that the floodgates for consumer representative actions could soon open in Ireland and explains how the current non-availability of litigation funding in the country could be circumvented through cross border actions.
Olivia de Patoul and David Walker of Deminor welcome the ICSID rules that came into force on 1 July 2022 but voice their concern with the power granted to an ICSID tribunal to request additional information on the content of any funding agreement once the notice of funding has been filed, arguing that, among other reasons, if the tribunal is aware of the funding conditions agreed to by the funded party, or the funded party’s settlement thresholds, it could affect the tribunal’s view of the case or even its impartiality.
Third-party litigation funding has devastatingly become a multi-billion-dollar global industry, turning lawsuits into investments at the expense of societal good, according to Sean Kevelighan, CEO of the Insurance Information Institute. His firm's recent report tries to pin increasing insurer legal and settlement costs on the "opaque nature of the industry's practices, particularly the lack of disclosure."
Suncorp is set to pay $33 million to settle an Australian class action brought by superannuation members in 2019 over conflicted remuneration paid to financial advisers. The class action was brought by William Roberts Lawyers in June 2019 with the backing of LCM, who are set to receive $14 million inclusive of costs.
22 years after coming up with the idea for a technology patent and 10 years after he saw Microsoft Corp. was infringing it, inventor Michael Kaufman has secured a $10 million award from the tech giant, thanks in part to funding from Woodsford.

Before You Go

Never miss a thing in the litigation finance market.