The claim that Australia is the most likely jurisdiction outside the US where a company will face class action litigation dates from at least 2006. Since then, it has become a common refrain from some quarters of the Australian legal and business community. Professor Vince Morabito of Monash University has recently published a report seeking to test this claim.
The litigation finance market in South America is heating up as we’ve seen an uptick in the number of litigants with cases in the region inquiring about funding opportunities.
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.
In an article published today at Lawyerly.com.au, IMF Bentham's Kate Hurford sets out five key facts about litigation funding for litigators or in-house counsel handling commercial disputes who may be unsure about funding, and a brief summary of the funding process.
To learn about the benefits of litigation financing as a tool during the insolvency process, we spoke with Bentham’s Ken Epstein, who is responsible for leading the company’s investments in bankruptcy-related matters.
Sir Rupert Jackson, former Lord Justice of the Court of Appeal of England and Wales, will be guest speaker at an invitation-only twilight seminar hosted by IMF Bentham Limited on 20 September 2018, at the International Arbitration Centre in Hong Kong.
On 19 June 2018, the Victorian Law Reform Commission (VLRC) published its report on litigation funding and group proceedings. IMF Bentham Limited is concerned that some of the recommendations will merely result in more class actions being brought in the Victorian State Supreme Court and may encourage more competing class actions filed in different courts.
Another decision supports recent finding that litigants attempting to force disclosure of an opposing party’s litigation financing documents are “overwhelmingly unsuccessful.”
IMF Bentham’s Ms Cheng-Yee Khong will be a guest speaker at this year’s STEP Asia Conference, taking place at The Grand Hyatt Hotel, Hong Kong on 20-21 November 2018.
On 16 November 2018, Clive Bowman will chair an informative panel session on Class Actions with leading members of the legal profession at the 2018 National Conference of the Australian Bar Association & NSW Bar Association, “rise2018 - relevant / resilient / respected”.
IMF Bentham is proud to sponsor an informative session at the Centre for Investment Education’s (CIE) Annual ‘Chairs & CEOs Symposium', taking place in Canberra, ACT on 16 August 2018.
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?
Supporters of efforts to force disclosure of litigation funding arrangements often fail to mention the massive strain such proposals would likely place on an already overburdened court system.
A new study by Tennessee-based litigation funding broker Westfleet Advisors has found that litigants attempting to force disclosure of an opposing party’s litigation financing documents are overwhelmingly unsuccessful.
Cheng-Yee Khong, Associate Investment Manager – Hong Kong and member of the MARC Court, recently attended the first Mauritius Arbitration Week organised by the MCCI Arbitration & Mediation Center (MARC) in Port Louis.
Across Australia, IMF Bentham has participated in the Governance and Risk Management Forum 2018 panel discussions on insights into Directors & Officers insurance, changing market conditions, continuous disclosure, securities class actions and how the Australian D&O insurance market impacts the boardroom.
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.
