April 26, 2022

Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC predicts that, to the extent litigation funders get involved in funding competitor IP cases, funding preliminary injunction motions is something that will be met with serious consideration, as it allows funders to put more capital to work in the case earlier on and also allows for an early test of the merits of the claim, whereby the funder might decide to parachute out of the investment early if things don’t go well.
Tim DeSieno of Omni Bridgeway, Henrique Forssell of Sao Paulo-based Duarte Forssell Avogados, Enrique González of Mexico City-based González Calvillo and Nyana Abreu Miller of Miami-based Sequor Law presents a hypothetical corporate insolvency case study that illustrates how dispute funding can play a vital role in complex cross-border disputes involving multiple jurisdictions in Latin America.
Christopher Marks and Frankie Cowl of Weil review several recent decisions which demonstrate the English courts’ willingness to entertain claims that target UK parent companies for the ESG-related transgressions of their foreign subsidiaries and anticipate that these cases will continue to pique the interests of claimant law firms and litigation funders who operate in the ESG sphere and, in due course, encourage similar claims in the English courts.
Sanford Rubenstein of Rubenstein & Rynecki is arguing that New York's lawsuit lending industry is out of control. He notes that there is ample evidence of the damage caused by the lack of lawsuit lending regulation and urges for state regulation to be enacted to end these alleged abuses and stop the over-the-top and highly damaging rates these lawsuit lending companies charge.
The Chief Justice of Ireland, Donal O'Donnell has identified reform of third party litigation funding as a possible means through which access to justice can be improved. At present the only types of third party funding allowed in Ireland are where the funder has a legitimate interest in the proceedings, such as a shareholder in a company involved, or is an insurer who provides cover to plaintiffs to protect them if their litigation is unsuccessful. The affordability of litigation in Ireland has long been considered a major barrier to accessing the courts.
The chief judge for the U.S. District Court in Delaware issued an order last week requiring parties to disclose whether a litigation funder has an interest in any cases brought before him. While the order is not unique — several other federal courts have adopted similar rules — it was made in an extremely influential district. More than half of publicly traded US corporations are incorporated in Delaware and its laws often govern contracts between businesses.
Australian passengers who booked on Scenic Tour's ill-fated 2013 European river cruises have been awarded up to $20,635 each in damages, according to court documents published last week. The class action against Scenic involves approximately 1,200 claimants and the Court’s judgment may see Scenic facing a damages bill of up to $28 million including interest. Somerville Legal, alongside litigation funder Omni Bridgeway, is currently investigating the commencement of a further class action against Scenic as a result of similarly disrupted cruises that took place in 2018. 

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