Insights

Thoughts and opinions on industry issues and trends.

Lake Whillans and Above The Law have released the results of their fifth annual litigation finance survey which shows that, among other things, firms with 500+ attorneys have the smallest proportion of firsthand experience with litigation finance, and across the board respondents practicing in the telecommunications and technology industries reported the most firsthand experience.
Emilie Jones and Johanna Weißbach of Pinsent Masons summarize the draft report that the European Parliament is currently considering as it grapples with the question of whether to regulate third party litigation funding, noting that the objectives of the report in many respects reflect principles by which major litigation funders in the UK already operate.
Alison Kirby of Manolete Partners shares that her firm has been reviewing many potential claims relating to the improper use of the UK government's Bounce Back Loans and explains the types of claims that can be brought against companies and directors in relation to them.
Akin Gump shares it key takeaways from the landmark Merricks v Mastercard judgment, noting that the Competition Appeal Tribunal initially raised concerns during the hearing over a unilateral termination clause in favour of the funder and the funding difficulties that it could cause the class mid-proceedings before ultimately concluding that an addendum requiring that the funder’s view to terminate be based on independent legal and expert advice sufficiently addressed those concerns.
Roger Dugan of Asertis addresses the recent allegations that the UK insolvency industry is rife with a culture of misconduct, arguing that if the UK insolvency sector is indeed akin to the “Wild West”, it’s clear that insolvency and restructuring practitioners are staunchly on the side of law and order.
John Bowie of LawFuel argues that the suggestion by many critics in the wake of the James Hardie case that funders should be required to support a case for a mandated period of time is not a viable option and misses the central takeaway from the case, which is that the aggrieved litigants were able to access justice as a result of the funding, even though the outcome was not what the plaintiffs or the funder would have wanted.
WestFleet Advisors has conducted a comprehensive review of 52 reported U.S. trial court decisions through July 2021 that address discovery attempts seeking either litigation funding agreements or communications with funders by funded parties or their counsel and has found that, despite aggressive disclosure efforts, U.S. courts continue to protect the confidentiality of litigation funding.
Ashley Messick and Nicolas Richier of GPW Group note that the growing pace and size of investor-state awards is attracting big players in the sovereign debt space who traditionally only focused on bond-related opportunities and give several examples of how focusing on 'pressure points' can dramatically improve the chances of success in recovering assets.
Arvindran Manoosegaran of Omni Bridgeway shares the details of a landmark decision for both of Singapore’s insolvency and litigation finance regimes in which the Singapore High Court ordered that Omni Bridgeway’s financing of an undisclosed private international arbitration be given super priority status in the context of a corporate restructuring, the first time that such a 'super-priority' order has been obtained by a funder since the introduction of Singapore's new insolvency laws in 2018.

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