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Disclaimer: Please remember the information contained in any of our blogs is general in nature and does not constitute legal, financial or any other professional advice. We encourage you to seek independent legal or other professional advice before acting or relying on any of the content.

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Corporate Litigation Finance: Answers To Some of Your Company’s Questions (Part 1)

Readers of our previous issues understand that litigation finance is a tool for the legal department to control spending and help contribute to the company’s bottom line. Indeed, companies with litigation portfolios are more frequently using litigation funding to manage budgetary pressures and mitigate litigation risk. Notwithstanding the growth in this market, the companies still exploring litigation finance have questions about how it works and whether it can advance their strategic interests. This two-part series will answer some of the most prevalent questions from corporate legal departments that are considering litigation funding for their affirmative claims.

If Webuild It, Will Award Creditors Still Come? Recent Delaware Decision Complicates Efforts to Enforce Arbitral Awards in the U.S. Against Creative Debtors

The United States has long purported to be a champion of arbitration. This stance is embodied both in the “pro-arbitration” Federal Arbitration Act enacted by Congress nearly a century ago and in U.S. treaties providing for the recognition of international arbitration awards. The U.S. likewise boasts rich jurisprudence regarding personal jurisdiction, defining when parties can be hauled into court in this country. But what happens when these two principles collide, for example, when a foreign losing party to an international arbitration merges into another entity that has property in the U.S. that can be used to satisfy an adverse award?

Third Party Litigation Finance and its Impact on the Bankruptcy Industry

Litigation finance’s presence in the bankruptcy industry is in its early stages. However, given the overall size of capital that litigation funders control and how this capital is deployed across case types, its presence in the marketplace will continue to expand -- particularly as the market becomes more familiar with the process, funders grow comfortable with investing in the distressed debt market, and the pace of corporate filings increase in the next economic downturn.

DC Circ. Int'l Arb. Ruling Leaves Award Holders In Legal Limbo

On Aug. 16, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion widely anticipated in the international arbitration and award enforcement communities, involving numerous disputes between the Kingdom of Spain and renewable energy investors from other European nations. In its ruling in NextEra Energy Global Holdings BV v. Kingdom of Spain, the D.C. Circuit provided a glimmer of hope that award holders might succeed in U.S. courts — at least from a technical legal standpoint. At the same time, the court lit a path for foreign sovereigns to render any such victories economically meaningless.

The Recovery Campaign: Combining Asset Tracing and Judgment Enforcement to Get Results

After years of hard-fought litigation, most claimants are thrilled to obtain a final and enforceable judgment or arbitration award. However, more often than one thinks, this excitement is followed by the disappointing realization that the defendant has little interest in voluntarily satisfying the award. This article explores how a judgment creditor might consider creating an enforcement strategy by leveraging an asset trace report. While the research focuses on identifying assets, the ultimate strategy requires a thoughtful engagement between asset tracers and counsel—often across multiple jurisdictions—to achieve success.

LLC You In Court: Recent Second Circuit Decision Affirms New York Law’s Creditor-Friendly Approach to Seizing LLC Membership Interests

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.

Litigation Funding and Corporate Insolvency: What In-House Counsel Need to Know

In-house legal counsel are key members of corporate teams and are often responsible for managing credit and insolvency related risks faced by their organizations. Particularly when insolvency and litigation risks converge, in house lawyers play a critical role in helping corporations make strategic decisions to optimize value. The following cases demonstrate how funding can provide unique and flexible solutions for both debtors with affirmative litigation claims and creditors with claims against insolvent corporations.

Not just Class Actions: Dispute Finance adding value to Australian Corporate Transactions

In Australia, dispute finance has long been associated with class actions and access to justice. However, a paradigm shift is underway as well-heeled corporates begin to recognise the broader applications of dispute finance, particularly how it can be used as a sophisticated corporate finance and risk management tool.

Tailwinds for Judgment Creditors: Reverse Veil Piercing Continues to Gain Steam in New York

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.

Construction Claims Finance: Assessing and leveraging value, optimising cash flow, resolving claims at an early stage

In challenging economic conditions, construction businesses face intense pressure to maximise revenue and optimise cashflow. Legal claims are valuable assets in this context and should be prioritised. However, the upfront cost of advancing construction claims often prevents companies from doing so.
 

Press Releases

08-Oct-2024

Omni Bridgeway expands IP team, welcomes Will Freeman

Omni Bridgeway is pleased to announce the company’s continued focus on financing disputes in the intellectual property (IP) space with the appointment of Will Freeman as Investment Manager and Legal Counsel.
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26-Jun-2024

Omni Bridgeway leads the litigation funding industry with the most recognitions in Chambers 2024

Omni Bridgeway is proud to be the leading litigation funder in the Chambers 2024 Litigation Support Guide with the most recognitions overall, and the most Band 1 rankings across the globe. Thank you to our clients and peers for your endorsement and continued support!
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09-May-2024

Ruth Stackpool-Moore appointed to the role of Portfolio Manager – Global International Arbitration

Omni Bridgeway is delighted to announce the appointment of Ruth Stackpool-Moore as Portfolio Manager - Global International Arbitration, Senior Investment Manager.
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04-Jan-2024

Omni Bridgeway announces US$485m first close of Funds 4 and 5 Series II capital raising

Omni Bridgeway is pleased to announce the first close of capital raising for the second series of its core funds, Fund 4 and Fund 5. The company anticipates further closings over the next 12 months to build up to the capped size of US$1bn across both funds and Omni Bridgeway will continue to be a 20% co-investor. This further capital raising will be aimed at broadening our private capital investor base.
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13-Dec-2023

Omni Bridgeway completes innovative secondary market transaction involving an IP portfolio

Omni Bridgeway is pleased to announce the sale of a 25% interest in a portfolio of 15 intellectual property (IP) investments in the company’s Fund 4 to an affiliate of GLS Capital Partners for an initial amount of US$21.5 million, representing a multiple on invested capital (MOIC) of 2.0x of the apportioned aggregated deployments to date across over US$100 million in total committed capital in the investments.
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31-Oct-2023

Omni Bridgeway more than doubles the size of its London investment team

Omni Bridgeway is pleased to announce a substantial expansion of its operations in the UK with the addition of six individuals in London, bringing the total team to 11. All the new hires have significant experience in legal finance.
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03-Jul-2023

Omni Bridgeway leads the litigation funding industry with the most recognitions in Chambers 2023

Omni Bridgeway is proud to be the leading litigation funder in the Chambers 2023 Litigation Support Guide with the most recognitions overall, and the most Band 1 rankings across the globe. Thank you to our clients and peers for your endorsement and continued support!
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30-Jun-2023

Omni Bridgeway announces U.S. legal industry leaders appointed to its Investment Committee

We welcome renowned legal industry professionals Leora Benami and the Hon. Winifred Smith (Ret.) to our Investment Committee. Their experience and insight will be invaluable to our investment process, ensuring we continue to set the benchmark for the highest standards in the industry.
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19-Apr-2023

Omni Bridgeway launches in Italy, welcomes Giacomo Serra Zanetti

Omni Bridgeway is delighted to announce our expansion into Italy with a new Milan office and the addition of Giacomo Serra Zanetti as Investment Manager and Senior Legal Counsel. Giacomo will use his expertise in cross-border restructuring and insolvency transactions to develop strategic, non-recourse financing solutions for clients throughout Italy and around the globe.
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06-Feb-2023

Omni Bridgeway continues US expansion with new operations in Miami and Chicago

We are continuing our US expansion with the addition of investment managers and office heads Maryanne Woo in Chicago and Lauren Alexander in Miami. Also joining in Miami is Enrique Molina as investment manager. With their experience in complex commercial litigation and local market expertise, we are thrilled to provide on-the-ground resources in two of the fastest growing legal markets in the country.
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Case Studies

In Singapore's first funded commercial litigation, Omni Bridgeway assists an artist to recover revenue

Omni Bridgeway is funding a talented interdisciplinary artist and her design studio to gain a declaration of copyright ownership in Singapore in respect of high quality photographs they produced of a number of luxury hotels and, through proceedings in the US, seek damages for their extensive infringement on a variety of third party commercial websites over the last decade.

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An infrastructure construction company turns to Omni Bridgeway

Our client, an infrastructure construction company, concluded an agreement with an African state (via its Ministry for Works) to rehabilitate a roadway between two major cities.

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Major Japanese trading house recovers its debt in full from Mexican steel company AHMSA

We funded a US$8.75 million claim by a major Japanese trading house, who found themselves in a dispute with Mexican steel company AHMSA (Altos Hornos de Mexico S.A) after AHMSA entered administration and failed to pay for Roll Grinding equipment.

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Multi-jurisdictional enforcement claims for German construction firm against Ukrainian football club

We conducted a multi-jurisdictional enforcement for a German construction conglomerate against a Ukrainian professional Football Club.

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Turkish construction company turns to Omni Bridgeway to recover debts from Uzbekistan government

Having exhausted all avenues to enforce a favorable Award and recover monies owed by a parastatal of the Republic of Uzbekistan an exasperated Turkish construction company turned to Omni Bridgeway to devise and execute a recovery plan.

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Enforcement of international arbitration award against a Eurasian state

Our clients invested in the development of an oil pipeline in a Eurasian State. Following a dispute between them and the State, they sought arbitration in the International Centre for Settlement of Investment Disputes (ICSID) and were awarded two Awards totaling US$100 million to be paid by the State.

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Beyond Hourly Podcast

Tune in now to Omni Bridgeway’s BEYOND HOURLY podcast to learn about advancements in legal services that drive economic value.

Episode 30

Thoughts and Perspectives from Ninth Circuit Court Judge Bea

Episode 29

Brazilian Arbitration Trends

Episode 28

A Peek Behind the Appellate Curtain

Episode 27

Impact de la pandémie sur les expertises en quantification de dommages.

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Video Library

Investor Day 2024 - Q&A - Session 1

Recording of Q&A Session 1 at Omni Investor Day 2024

Investor Day 2024 - Q&A - Session 3

Recording of Q&A Session 3 at Omni Investor Day 2024

Investor Day 2024 - Q&A - Session 2

Recording of Q&A Session 2 at Omni Investor Day 2024

Events

Oct 09, 2024

Advantages of Litigation Finance: Strategies and Preparation for Funding

Maryland State Bar Association

Virtual
Oct 17, 2024 - Oct 20, 2024

Litigation Funding of Business Litigation

Association of Business Trial Lawyers - 50th Annual Seminar

Napa Valley, CA
Presenting: Fiona A. Chaney
Oct 24, 2024 - Oct 25, 2024

Fraud, Asset Tracing & Recovery Miami 13th Edition

American Conference Institute; C5 Global Conferences

Miami, FL
Oct 29, 2024

Show Me the Money: Exploring Third-Party Litigation Funding

The Bar Association of San Francisco - Barristers Litigation Section

Virtual
Presenting: Matthew Harrison
Nov 13, 2024

Who, What, and Where: Enforcement Involving Latin American Arbitration Awards

ICC Young Arbitration and ADR Forum - Energy Disputes & Award Enforcement: Spotlight on Latin America

New Orleans, LA
Presenting: Enrique J. Molina
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We look forward to learning about your needs and how we can help you accomplish your key financial goals. Send us a message or view our global contacts page to speak with a particular professional in one of the 20 cities where our teams are located. 

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