As investment bankers realize how funding serves to leverage affirmative legal claims, which are commonly overlooked assets, they are seeking opportunities to connect their distressed clients with opportunities to transform claims into vehicles for immediate income and substantial future recoveries. Such opportunities can be impactful for distressed clients because they help to improve a company’s cash position and profitability.
Disputes that arise in the energy sector are invariably complex, high value and often cross-border in nature. Common examples include disagreements about the construction or operations of oil and gas extraction projects, power production projects, commodity contract disputes and joint venture disputes. These types of commercial disputes are increasingly referred to international arbitration.
One of the most significant challenges for in-house legal teams is resource and budget limitations. Costs budgeting by both sides in litigation has the potential to enable the Courts, as well as the parties, to better manage and control the costs of the litigation and to avoid the risk of costs becoming disproportionate to the claim size.
Litigation finance provides litigants and lawyers access to capital to pursue meritorious litigation where there is a substantial chance of a positive outcome. In exchange, the funder receives a return, usually via a multiple of its investment or a percentage of the recovery. Financing is non-recourse, which means that the funder receives a return on its investment only in the event the litigation is successful .
Bentham IMF Spotlight Series: IP litigation veteran Sarah Tsou discusses how litigation finance helps companies mitigate the financial risks of protecting their IP.
The number of investment treaty arbitrations filed in 2018 continued to grow. As more parties seek to file meritorious claims, demand for third-party funding for these arbitration claims will also continue to rise.
Claimants should exercise caution in seeking out litigation funding, paying particular attention to the funder’s track record of success, source and availability of capital, and history of disputes (if any) with claimants or their attorneys.
With analysts predicting that the economy will slow in the year ahead, companies may find litigation finance to be a useful tool in managing their legal spend.
Bentham IMF Spotlight Series: We speak to Los Angeles Investment Manager and veteran insurance recovery litigator, Fiona Chaney, on why companies and firms in the insurance recovery field should be aware of how #litigationfunding can make a successful impact on the bottom line.
The Ontario Superior Court recently approved a funding agreement whereby the funder will pay for class counsel’s legal fees as the case progresses, in exchange for a return at the conclusion of the case. This arrangement enables the matter to proceed where the client is not able to pay legal fees, and the law firm is not able to carry its fees throughout the case.
IMF Litigation Funding Services Limited (IMF LFS) is delighted to be ranked as ‘excellent’ by Leaders League for litigation and arbitration funding in the UK. IMF LFS is the European arm of leading global dispute funder IMF Bentham Limited, one of the oldest and most experienced commercial litigation funders in the world.
Litigation finance can serve as a powerful tool for law firms seeking to attract new clients or win plaintiff-side work from existing clients. Incorporating funding as an option in pitches submitted to secure work affords significant advantage to law firms. Among other benefits, funding helps clients reduce litigation risk, afford their top-choice law firm and improve their balance sheet.
As Australia’s pioneer of commercial litigation funding and leading funder, IMF Bentham has a particular insight into the current system. Class actions are particularly complex and costly. Each action involves different circumstances, considerations and issues. We think that some of the ALRC’s recommendations will benefit class members and improve the existing class action regime.
Bentham IMF Spotlight Series: New York Investment Manager Daniela Raz, former General Counsel and veteran litigator, discusses what a game-changer litigation funding can be for companies
IMF Bentham announced it is approaching investment targets for two of its funding vehicles ahead of schedule and has successfully increased the capacity to meet strong market demand for investment funding.
Justice Brett Kavanaugh made headlines earlier this month when he issued his first majority opinion for the United States Supreme Court. The opinion resolved a circuit split over whether the Federal Arbitration Act permits a court to decline to enforce arbitration agreements that delegate arbitrability questions to an arbitrator.
As Bentham IMF celebrates its third anniversary in Canada, Chief Investment Officer Tania Sulan reflects on the company's achievements and what lays ahead for our business and the litigation funding industry in 2019.
IMF Bentham Limited (IMF Bentham), a leading global dispute funder, announced a proposed shareholder action in Denmark seeking compensation for losses suffered by shareholders of Danish financial institution, Danske Bank A/S.
