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Fifth circuit rejects a challenge to litigation funding agreement for lack of standing

In the five-page opinion authored by Judge Jacques L. Weiner, Jr., the court found that the appellant-debtor in In re Dean lacked standing to challenge a funding agreement approved by a Texas Bankruptcy Court. The Fifth Circuit found that the debtor was not “directly, adversely, and financially impacted” by the funding agreement or the bankruptcy court’s order.

Litigation finance drives profits for private equity and venture capital firms and their lawyers

The very nature of complex litigation is enough to give PE/VC investors pause. Omni Bridgeway offers the ability to assess the merits of cases across an entire PE/VC firm stable of companies and invest non-recourse capital in a portfolio comprised of those companies’ strongest potential claims and we lay out all the concerns and benefits facing investors and the difference Omni Bridgeway can make.

Lloyd v Google – a return to first principles

From a funder’s perspective, data breach claims that are to be litigated in England need to be approached in the same way as any other collective group claim – you need to be able to demonstrate that each claimant has suffered a loss. Omni Bridgeway Senior Investment Manager Jeremy Marshall explains.

How legal finance can help claimants as patent disputes cross borders

As patent litigation has become increasingly global in recent years, the cost of managing complex IP matters has risen too. Omni Bridgeway investment manager Sarah Tsou discusses what considerations parties should keep in mind when handling cross-border matters and how we are well-suited to finance global patent disputes.

Law Commission calls for further submissions on draft procedure for class actions

The Aotearoa New Zealand Law Commission handed down its supplementary issues paper in its ongoing review of class actions and litigation funding in New Zealand and has confirmed its view that a statutory class action regime is desirable, observing that even those submitters who were sceptical of the benefits of class actions preferred the certainty of such reform.

Champerty pops up again!

Champerty pops up again! Is it time to put the maintenance and champerty rules to the test? Senior Investment Manager, Jeremy Marshall shares his views.

'Super priority' rescue finance in Singapore

In what may prove to be a landmark decision for both of Singapore’s insolvency and litigation finance regimes, the Singapore High Court (HC) has ordered that Omni Bridgeway’s financing of an undisclosed private international arbitration be given super priority status in the context of a corporate restructuring.

Statutory price cap proposal: leaving victims of wrongdoing with nowhere to go

The Australian Government is considering the merits of legislating a minimum return to group members in funded class actions, potentially as high as 70 per cent of gross proceeds. The introduction of a 70 per cent minimum would be a completely arbitrary measure and is not supported by reference to any analysis of the negative implications for the funding of class actions or the risks being assumed by litigation funders.

Did you read the last NDA you signed?

Did you read the last NDA you signed? Jeremy Marshall discusses the important UK Supreme Court decision in Harcus Sinclair LLP v Your Lawyers Limited and others and explains why an automatic e-signature could be very costly for lawyers and funders alike.