Browse Our Blog By Location

Florida Bankruptcy Court Applies the Common Interest Exception to Protect Claimant-Funder Communications from Discovery

As the litigation finance industry continues its growth and expansion within the marketplace, so does the body of case law discussing whether communications made between a claimant and a funder are privileged. While there is a slight variance in how different jurisdictions apply the privilege doctrines and exceptions thereto, the overwhelming majority of case law has developed in favor of finding that certain communications made to a litigation funder are indeed protected from discovery. In Part 1 of this 4-part series, we will discuss the Court’s analysis and application of the common interest exception to the attorney-client privilege.

Delaware Court Permits Use of Litigation Finance

Delaware Superior Court President Judge Jan R. Jurden decided yesterday in Charge Injection Technologies, Inc. v. EI du Pont de Nemours that a litigation funder's involvement in a case did NOT amount to improper meddling.

Bentham IMF's 2015 Year in Review

Taking stock in the last days of 2015, we note that 2015 has been outstanding. Bentham continued its expansion of offices in the US. We grew our product base. We invested in a record number of cases. And, we saw a substantial uptick in investment inquiries. We expect this exciting trajectory to continue in 2016. Happy New Year to all!

Is Commercial Litigation Finance Legal?

During the recent seminar, sponsored by Bentham IMF in conjunction with the Harvard Law School Association and hosted by Southwestern Law School, Los Angeles Investment Manager David Gallagher responds to the question posed by moderator David Houston – is commercial litigation finance legal?

Moving on from the Billable Hour

After launching Bentham’s San Francisco office in October, Matt Harrison describes litigation funding in the Bay Area as “going gang-busters.” Matt, with the help of his recent hire from Latham & Watkins, Priya Pai, are busy evaluating large commercial and law firm portfolio cases and have no regrets over saying goodbye to the billable hour. They sat down with The Recorder to discuss the transition from billing on cases to financing them.

High Spirits at Bentham IMF's Reception for the Official Opening of the San Francisco Office

On October 20th, with the lights of the Bay Bridge twinkling in the background, Bentham IMF welcomed over 150 Bay Area attorneys, in-house counsel, and executives to a cocktail reception to celebrate the official opening of Bentham’s San Francisco office. The festivities were hosted by Matt Harrison, head of the newly launched San Francisco office and former Latham & Watkins partner, and Priya Pai, legal counsel and former Latham litigation associate. Bentham IMF’s senior Australian management team was also on hand for the celebration and was impressed by the enthusiasm and interest in litigation funding among Bay Area legal professionals.

Meet the Team: Spotlight on Matt Harrison

In our Meet the Team series, the spotlight is on one of our newest additions - Matt Harrison. Matt leads Bentham's proliferation into the Bay Area and brings with him extensive litigation expertise. Read on to discover some fun facts about Bentham's newest litigation financier.

NY Court Finds Public Policy Supports Litigation Finance Agreement at Issue

In Hamilton Capital VII, LLC v. Khorrami, LLP, New York Supreme Court Justice Shirley Werner Kornreich disagreed with Defendant’s argument that the litigation finance agreement at issue constituted impermissible fee-sharing with a non-lawyer. More importantly, Justice Kornreich recognized that “providing law firms access to investment capital where the investors are effectively betting on the success of the firm promotes the sound public policy of making justice accessible to all, regardless of wealth.”