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There is growing interest in litigation funding for disputes in South America. Learn why below.

The readers of The Recorder have selected Bentham IMF as the number one litigation funding provider and one of the top three law firm funding providers.

For emerging companies in innovation hotspots, enforcing legal rights against competitors or other wrongdoers has traditionally been viewed as an unduly expensive and time-consuming endeavor and a drain on investor value.

The 2017 legislative changes in Singapore and Hong Kong permitting third-party funding in certain dispute resolution proceedings has led to funding opportunities for those involved in international arbitration matters and related proceedings. Tom Glasgow and Cheng-Yee Khong discuss this new environment in the latest issue of Asian-mena Counsel, a magazine for the in-house community featuring a special dispute resolution report.

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.

IMF Bentham, in conjunction with a leading law firm, is funding a complaint to the Australian Information Commissioner on behalf of Australian Facebook users in respect of the alleged breach. The case presents an opportunity to enforce citizens’ privacy rights and prevent the misuse of their personal data. To sign up for this class action, you can register here before July 31st.

Bentham IMF’s David Kerstein sheds light on how litigation finance companies work to dispel some of the myths and misconceptions about the industry, and give his take on the kinds of innovations going on in the industry overall.

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”.

This premier arbitration event will take place in Melbourne on 17 October 2018.

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.