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A Primer on U.S. Defense-Side Litigation Finance

Learn how your firm or company can shift its financial and litigation risk using defense financing. Omni Bridgeway’s Jason Levine explains key aspects of defense-side funding agreements, the potential benefits, and the elements that distinguish defense financing from the more common plaintiff-side transactions.

How dispute funding can play a vital role in Latin America’s cross-border insolvency cases

What role might dispute funding play in complex cross-border insolvency matters involving multiple Latin American jurisdictions? For a recent virtual seminar, INSOL International asked Omni Bridgway’s Tim DeSieno to moderate a panel discussion exploring that very issue with Henrique Forssell of Duarte Forssell, Enrique González of González Calvillo, and Nyana Abreu Miller of Sequor Law. Our latest blog summarizes their informative and insightful conversation.

The role of litigation finance in antitrust lawsuits

Antitrust lawsuits are distinctive in their complexity, duration, cost, and potential damages. They also require expensive specialized counsel and expert testimony. This is true not only for class actions and multidistrict litigation, but also for single-plaintiff cases involving restraint of trade, price-fixing, monopolization, unfair competition, and other related claims. These singular attributes of antitrust cases make them an excellent fit for litigation finance.

Why insurers are learning to favour dispute funding

In a recent webinar exploring the use of dispute funding in insurance-related cases, a significant change in attitudes is underway according to a panel of seasoned lawyers and litigation funders. Insurers, they said, are discovering funding’s effectiveness as a tool for financing their subrogated recovery claims.

The High Court expands the scope and purpose of s596A of the Corporations Act 2001 (Cth) – who can conduct a public examination

The High Court of Australia (HCA), in a majority decision, has held that the pursuit of a claim for the benefit of some shareholders may be as valid as a claim made for all shareholders. In each situation, the claim in respect of corporate misfeasance is in the public interest because it seeks to enforce the law and protect shareholders and creditors alike.

Covid-19 is *still* here. How can funding help?

There are three things that businesses and their legal advisors should be thinking about as we trudge through COVID such as limitation periods, attractive corporate opportunities and contractual commitments cannot be avoided.

Need to top up your CPD points before year-end?

Although jurisdictions vary in their date for CPD (continuing professional development) year-end, the universal experience seems to be that the CPD year-end approaches quickly! Omni Bridgeway has a suite of complimentary options to help you earn CPD points in practice management while learning how dispute finance can mitigate cost and risk for your business or clients.

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.