The Supreme Court of New Zealand has dismissed an application for leave to appeal an “unless” order striking out the proceedings unless the claimants’ provided security for costs by a certain date. The case was a multi-party action brought on behalf of some 3,600 investors in the failed carpet-maker, Feltex Carpets Ltd (Feltex). Despite the case being funded, the security was never provided and the Supreme Court’s refusal to grant leave has effectively brought the case to an end.
The directive, adopted by the EU Commission on November 24th 2020, goes further into detail than the German Declaratory Action 2018 model. Companies are concerned a lawsuit industry is coming to Germany while consumer advocates welcome the new form of action hoping to gain a share of the profitable litigation industry.
Third party funding (TPF) of disputes is now an established financial product in many jurisdictions around the world, including in Europe and the US. The use of TPF has also been growing in the Middle East, especially since the start of the Covid-19 pandemic, with interest coming both from funders entering the market, as well as from claimants wishing to use external finance for their disputes.
Curious what criteria are considered when a company seeks litigation finance for its trade secrets matters? Our in-house trade secrets expert, Stephanie Southwick, shares insight into what funders look for as well as discusses the benefits of working with us.
Plaintiffs that suddenly find themselves with an insolvent defendant face new obstacles and costs in continuing to litigate their claim. Omni Bridgeway's Amy Geise and Deidre Carey Brown of ForsheyProstok offer insight into how litigation finance can help.
The ERA Pledge is committed to promoting gender diversity in arbitral proceedings and provides Pledge Corporate Guidelines for corporations who seek broader and a more gender-balanced arbitrator selection process.
In a webinar for the Association of Corporate Counsel (ACC) Australia, Omni Bridgeway Investment Manager Leanne Meyer chatted with our Head of Enforcement for Asia, Marjolein van den Bosch-Broeren, about the role a dispute funder plays in enforcing judgments and awards from unwilling or evasive debtors and early steps in-house counsel can take to safeguard collectability.
All signs point to the Western District of Texas as the next hot spot for U.S. patent litigation filings. For companies and claimants looking to pursue infringement claims, litigation funding can be utilized to help see their cases through trial.
Ken Epstein of Omni Bridgeway, along with other panelists, provide valuable insight into the fundamentals of litigation finance and how it can be used by companies facing financial distress or insolvency in this Turnaround Time podcast.
Litigation funding is becoming a more regular feature of the legal landscape in New Zealand, particularly in the funding of large multi-party actions. However, there are no specific legislative or regulatory provisions that apply to litigation funding and no statutory class actions regime.
As litigation finance continues to grow in international markets, the English Court of Appeal issued a judgment earlier this year sending a strong message that funders be well capitalised and transparent about their financial position. Alistair Croft discusses this recent case, as well as Omni Bridgeway’s stance on these matters as a listed company.
As mining companies brace for increased financial pressures related to COVID-19, many are finding themselves engaged in increased legal disputes. In our Beyond Hourly podcast, we dive into some of the important issues for mining companies to consider in a post-COVID economy.
Adam Silverman joins Omni Bridgeway as an Investment Manager based in Singapore as demand for dispute finance in Asia is increasing, with more jurisdictions across the region embracing third party funding.