The litigators at Bentham IMF’s Toronto office do not have traditional legal jobs. And so, it’s fitting that they do not work in a traditional law office. Instead, the open concept brick-and-beam space represents a different approach. “As soon as I walked in here I knew this would be a creative, innovative and fun place to work,” says Bentham lawyer Paul Rand.
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.
Recent proposed changes to the rules governing investment treaty arbitrations demonstrate the growing use and evolution of third party funding in international arbitration.
The readers of Canadian Lawyer have spoken, and they have identified Bentham IMF as one of their top litigation funders. Over 2,000 professionals cast 89,000 votes in this years’ competition – so it’s a huge stamp of approval.
Bentham IMF welcomes Pierre-Jérôme Bouchard, to head new office - an expansion driven by widespread interest in litigation finance and favorable jurisprudence concerning funding.
Bentham is predominately involved in funding commercial cases. Class actions are not an immediate fit, because our funding typically covers some or all of the legal fees, and class action counsel often take matters on a contingency basis. However, from time to time, applications for class action funding cross our desks.
We are often asked if information shared with a litigation funder is protected by privilege. This discussion sets out the case law and legal principles that likely protect documents, discussion and analysis exchanged with a funder.
Intellectual property is one of the most active areas for litigation funding. A recent survey in the U.S. by Law 360 found that 49% of counsel who had used a funder to finance their litigation did so in IP cases. What is it about litigation finance that appeals so much to IP litigants and their law firms?
Litigation funding is gaining in popularity among plaintiffs, especially corporate litigants who could fund their own litigation but are looking at litigation funding as a form of project finance. This is because the business community and their legal advisors have begun to see litigation as a project or an asset class—one which they can unlock by using litigation funding.
Lawyers across Canada have taken note of Aird & Berlis v. Oravital Inc., a case in which Ontario’s highest court has provided guidance on lawyers’ duty to advise clients about litigation prospects and risks.
While litigation funding is frequently used by clients and counsel in many common law jurisdictions across the globe, it is still relatively new in Canada.
