In part two of our blog series about the legal finance process, Omni Bridgeway Associate Investment Manager Sarah Jacobson dives into the latter phases, including the negotiation of the funding agreement and what to expect from funders during the monitoring of a funded matter.
Omni Bridgeway Associate Investment Manager Sarah Jacobson addresses the litigation finance process in this 2-part step-by-step blog series. In part 1, she discusses NDAs, term sheets, the due diligence phase, and queries in specialized practice areas.
Plaintiff law firms have been eagerly awaiting a decision to be handed in respect of Victoria’s group costs order legislation, which permits a plaintiff’s solicitor to be remunerated by reference to a percentage of any award or settlement obtained. The Supreme Court of Victoria has now published its first decision in respect of the group costs regime, however, has the wait been worthwhile?
Champerty pops up again! Is it time to put the maintenance and champerty rules to the test? Senior Investment Manager, Jeremy Marshall shares his views.
Discussions about third-party funding often raise questions about the common law doctrines of maintenance and champerty. This article sets out how third-party funding fits into the Canadian legal landscape, in light of the history and evolution of maintenance and champerty.
In our latest Beyond Hourly podcast, we get insight from behind the bench, where our guests offer attorneys practical tips on how best to navigate the appellate process.
In what may prove to be a landmark decision for both of Singapore’s insolvency and litigation finance regimes, the Singapore High Court (HC) has ordered that Omni Bridgeway’s financing of an undisclosed private international arbitration be given super priority status in the context of a corporate restructuring.
Daniela Raz of Omni Bridgeway, Jose Astigarraga of Reed Smith, and Anna El-Erian of Gabriel Resources recently spoke to Annie Lespérance (Head of LatAm Group at Omni Bridgeway) about the development of the dispute finance market in Latin America.
The Australian Government is considering the merits of legislating a minimum return to group members in funded class actions, potentially as high as 70 per cent of gross proceeds. The introduction of a 70 per cent minimum would be a completely arbitrary measure and is not supported by reference to any analysis of the negative implications for the funding of class actions or the risks being assumed by litigation funders.
Omni Bridgeway’s Matt Harrison hosts an all-star panel of attorneys in this webinar brought by The Legal 500, where the most common questions about legal finance are discussed.
Did you read the last NDA you signed? Jeremy Marshall discusses the important UK Supreme Court decision in Harcus Sinclair LLP v Your Lawyers Limited and others and explains why an automatic e-signature could be very costly for lawyers and funders alike.
Brick by brick, the claim that funded class actions are the primary driver of rising directors’ liability insurance premiums is being dismantled. Even more precarious is the claim that the Commonwealth Government’s continuous disclosure reforms are the answer and will result in enormous savings for Australian business.
We take a deep dive into Canada’s amendments to its Foreign Investment Promotion and Protection Agreement Model ("model FIPA"). For foreign investors or parties bringing claims under new investment treaties, we discuss the key procedural and substantive changes.
Der Bundesgerichtshof hat mit – zum jetzigen Zeitpunkt noch nicht in den Entscheidungsgründen vorliegenden – Urteil vom 13. Juli 2021 (Az. II ZR 84/20) entschieden, dass Abtretungen an einen Inkassodienstleister rechtswirksam sind und kein Verstoß gegen das Rechtsdienstleistungsgesetz („RDG“) vorliegt.
With the Supreme Court recently handing down its decision in Manchester Building Society v Grant Thornton LLP and Khan v Meadows, Omni Bridgeway’s Jeremy Marshall highlights the challenges associated with litigation funding cases relating to audit negligence.
The international market for third-party funding is growing rapidly, driven by the increased use, cost, and complexity of international arbitration, together with increasing demands on arbitration parties and practitioners to manage the associated costs and risks and is gradually becoming more accepted in the Middle East and North Africa (MENA) region.
So much for the so-called ‘explosion’ in shareholder class actions backed by unscrupulous litigation funders. This claim, used liberally by sections of corporate Australia and their US big business allies to justify self-serving attacks on the litigation funding industry, was always based on dubious accounting. But now we have incontestable evidence that the ‘explosion’ is nothing more than a myth.
We discuss the recent UK decision in Laser Trust v Cfl Finance Ltd (2021) EWHC 1404 and how the distinction between a 'pure' vs 'professional' litigation funder played a role in the ultimate outcome of the case.
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