When a company is considering whether to commence litigation, it will typically assess both the “soft” and “hard” factors at play/Lorsqu'une entreprise songe à intenter un recours judiciaire, elle évalue généralement les facteurs « intangibles » et les facteurs « tangibles » en jeu.
Corporate legal departments are in the midst of a transformation. They are embracing operational efficiencies and building teams that allow for the insourcing of legal matters traditionally handled by outside counsel.
IMF Bentham Ltd's Oliver Gayner discusses the origins of dispute finance in Australia in the mid-1990s and its subsequent growth in many jurisdictions around the world, where it is now an integral part of civil justice, providing a means of facilitating access to justice and offlaying litigation risk.
IMF Bentham Limited’s Cheng-Yee Khong participated in a number of exciting events at this year’s Hong Kong Arbitration Week, including serving as a judge at the Arbitration Debate 2018, speaking at a MARC event and attending the Arbitration Charity Ball.
IMF Bentham Ltd’s Noah Wortman attended the Council of Institutional Investors (CII) Fall Conference in NYC in late October. CII’s Fall Conference brought many of the world’s institutional investors, regulators, and ESG professionals together under one roof to discuss and debate topics surrounding investment stewardship, public policy, corporate governance, and shareholder activism.
The best approach to funding follows the “Golden Rule” of applying for litigation financing: tell your prospective funder everything that you would want to know if you were in the funder’s shoes.
Justice Bernard Murphy has said he would like to trial costs budgeting in proceedings currently on foot in the Federal Court in Victoria. During a procedural hearing in two shareholder class actions against Brambles Limited(1), the judge said that he would like to trial an adoption of UK-style costs budgeting, as outlined by Sir Rupert Jackson at a recent conference in Melbourne, co-sponsored by IMF Bentham Limited.
Videos are now available from the successful IMF Bentham Limited and University of New South Wales National Class Actions Conference held in Melbourne on 25 September 2018.
IMF Bentham Ltd’s Nathan Landis participated in the inaugural Darwin Arbitration Symposium, held in Darwin on 24 October. The Symposium, hosted by William Forster Chambers in Darwin, was the first arbitration event held in the Northern Territory. During the session dealing with third-party funding, Nathan discussed the steps to obtain financing, and described how to prepare a matter for funding, including the types of documents that should be provided.
Recent proposed changes to the rules governing investment treaty arbitrations demonstrate the growing use and evolution of third party funding in international arbitration.
IMF Bentham Limited has announced it is proposing to fund a potential class action seeking compensation for property owners of certain buildings throughout Australia that have a highly combustible and therefore potentially dangerous external cladding. Law firm William Roberts will act for claimants in the action.
IMF Bentham Limited’s Ewen McNee was delighted to participate in the Superannuation Fund Investment Operations Forum 2018, held in Sydney on 22-23 October. The forum, presented by International Business Review, was the 5th annual Superfund Back Office conference.
Bentham IMF Investment Manager, Ken Epstein, joined Howard Brownstein, President and CEO of Brownstein Co. and Cathy Reece, financial restructuring, bankruptcy and creditors' rights practice group chair at Fennemore Craig, to discuss litigation finance in a Debtwire podcast airing on October 25, 2018.
Global litigation financier, IMF Bentham Limited, has featured in The Australian Legal Review magazine. The Australian was keen to understand how this extremely successful pioneer achieved its position as one of the most trusted brands in the funding industry. The answer to IMF Bentham’s success is its highly talented and experienced team of Investment Managers and a rigorous investment process overseen by a prudent Investment Committee, comprising industry founders and former judges (including The Honourable John Sulan QC who was interviewed for the feature). The 500+ years collective wisdom of this team has produced a 90% success rate over 17 years, recovering $1.4 billion for funded claimants.
An unfortunate yet all too frequent problem that arises in the lifecycle of startup and emerging companies worldwide is how to effectively enforce important legal rights against large, multi-national corporations that have wronged them.
Part two of our series focuses on how our legal counsel collaborate with Bentham’s investment managers to make deal decisions, and the strategies they employ to objectively evaluate cases for investment.
IMF Bentham Limited’s Cheng-Yee Khong participated in the first leg of a roadshow held in London to launch the new MARC Arbitration Rules. The new Rules were officially launched in Mauritius and came into force in May 2018. The roadshow in London was held to inform practitioners and arbitrators about MARC and the development of international arbitration in Mauritius which has a supportive judicial system.
IMF Bentham Limited’s Andrew Saker and Clive Bowman were interviewed for the Legal Affairs section of The Australian. Andrew is the global Managing Director and CEO and Clive is the Chief Executive for Australia and Asia.
