Stubborn judgment debtors routinely look for ways to delay or increase the cost of collection. Aided by a vibrant “asset protection” industry in certain U.S. jurisdictions, they frequently turn to LLCs in those jurisdictions to retain the benefit of their property while shielding it from creditors, hoping that enforcement courts will defer to those states’ LLC acts and prevent turnover of membership interests. But a recent decision by the U.S. Court of Appeals for the Second Circuit provides some reason for optimism that, at least for debtors subject to personal jurisdiction in New York, these corporate shell games may not be entertained by courts in America’s financial hub.
Judgment and award creditors often fret that US courts are unfriendly and the tools to unravel complicated asset protection schemes are inadequate. In an encouraging ruling refuting this sentiment, the Southern District of New York recently reiterated its endorsement for reverse veil piercing as a remedy for unsatisfied judgment creditors seeking to hold corporate entities responsible for judgment liabilities of shareholders and directors.
The National Law Journal featured discussion from Jeff Newton on implementing judgment enforcement strategies at the outset of a litigation or arbitration and why plaintiffs should consider the endgame before the opening bell is rung.
Amy Geise and Sarah Jacobson explain how law firms can use multi-case or open law firm portfolios as a strategic measure to stimulate growth, increase market share and mitigate risk.
John Harabedian makes the case for companies to view their affirmative claims as a revenue-generating opportunity through the use of litigation funding.
Law360’s recent article on trends in international arbitration highlights the benefits of a combined litigation funding and judgment enforcement team. With our longstanding track record of assisting and funding judgment enforcement campaigns, you may not be surprised to learn that we agree! Gabe Bluestone and Jeff Newton discuss how having a judgment enforcement team as part of your litigation strategy makes good business sense.
In the five-page opinion authored by Judge Jacques L. Weiner, Jr., the court found that the appellant-debtor in In re Dean lacked standing to challenge a funding agreement approved by a Texas Bankruptcy Court. The Fifth Circuit found that the debtor was not “directly, adversely, and financially impacted” by the funding agreement or the bankruptcy court’s order.
Omni Bridgeway investment manager Ken Epstein discusses how the Anti-Money Laundering Act can be beneficial to whistleblowers and explains how litigation finance may be utilized.
Omni Bridgeway Investment Manager John Harabedian explains how law firms can smooth cash flow, enhance their alternative fee arrangement options to clients, and finance new hires and operational expenses with portfolio financing.
As patent litigation has become increasingly global in recent years, the cost of managing complex IP matters has risen too. Omni Bridgeway investment manager Sarah Tsou discusses what considerations parties should keep in mind when handling cross-border matters and how we are well-suited to finance global patent disputes.
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.
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.
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.
Omni Bridgeway celebrates its high ranking in the 2021 Chambers and Partners Litigation Support Guide and exceptional performance in Lawdragon’s 2021Global 100 Leaders in Legal Finance Guide, with 14 individuals recognised.
