Litigation Finance Canada

Omni Bridgeway helps Canadian companies by providing capital to advance meritorious claims, turning litigation into an asset. We are the first and only international commercial litigation funder with boots on the ground in Canada and are committed to ensuring Canadian businesses and lawyers can benefit from non-recourse litigation financing solutions.

We have offices in Toronto and Montreal and work with law firms and corporate clients throughout Canada, from case inception to post-judgment enforcement and recovery.

With over 30 years of experience, Omni Bridgeway has built a global track record of success, supported by our deep roots in key local markets.

Third-party litigation funding is quickly becoming an essential tool for claimants of all types to address the rising cost of litigation in Canada, including managing exposure for adverse cost awards. Working with Omni Bridgeway provides several key benefits:

  • Expertise in the local Canadian market
  • Managing litigation risk
  • Leveling the playing field by hiring the best counsel and experts
  • Improve cashflow and move litigation expenses off a company’s balance sheet
  • Strategic guidance from a team with experience from the top law firms around the world

Funding solutions tailored for you

Canadian companies and individuals: Turn your legal claims and judgments into revenue-generating assets. Omni Bridgeway will provide capital for major legal fees and expenses, removing costly litigation from your balance sheet. The funding can cover top counsel, expert witnesses, working capital and security for costs to enable you to litigate to a meritorious conclusion.

Canadian law firms and lawyers: Manage your law firm’s operations by monetizing anticipated fee income to smooth liquidity, mitigate risk, extend alternative fee arrangements to clients, generate new business, or fund strategic firm initiatives.

Class actions and group claims: Ensure that you can hire the best experts and have the means to withstand the delays and challenges of prolonged litigation, enabling your claims to be fairly adjudicated in court.

Sample disputes we have funded in Canada:

  • Major institutional pension plan in connection with securities litigation
  • Software company in an international arbitration
  • Global resources company in respect of a nine-figure claim
  • Property developer in relation to a breach of contract matter on a mega-project
  • Constructor in relation to dispute involving major road infrastructure
  • Entertainment company in connection with creative rights protection
  • Class actions alleging anti-competitive behavior harming consumers
  • Several highly regarded Canadian law firms with claims portfolios

How it Works

The process of applying for financing from Omni Bridgeway is easy and efficient. Contact us directly or through your legal counsel to discuss your judgment and award enforcement needs and the assets targeted for recovery. Our team will assess the matter and propose bespoke terms depending on the complexity and risk of the engagement and your unique needs.

Inquire for Funding

Maintenance and Champerty

Discussions about third-party litigation funding can raise questions about the ancient common law doctrines of maintenance and champerty. In brief, the principles of maintenance and champerty do not prohibit litigation finance which is well accepted by Canadian courts in both single-party and class action cases.

Omni Bridgeway has advanced Canadian jurisprudence to determine the best practices for third-party litigation funding. As a public company, Omni Bridgeway prides itself on following the highest level of ethical and responsible approaches to third-party funding. 

With extensive experience litigating and investing in disputes in Canada, we have in depth understanding of how third-party litigation funding fits into the Canadian legal landscape with respect to maintenance and champerty.  

For more information, our analysis of the doctrines is available here.  

Testimonials

Omni Bridgeway is at the forefront of the litigation funding market in Canada. With an investment team permanently based in the country, Omni is on hand to fund complex commercial litigation. The group has contributed to the Canadian jurisprudence on litigation funding with its involvement in landmark cases before the Supreme Court of Canada.

Chambers and Partners

I would strongly recommend the use of dispute finance again and using Omni Bridgeway to provide the funding.

Trent Mercier, former partner, Stikeman Elliot (now contract in-house counsel)

I found the presentation extremely useful particularly in the illustration of the range of opportunities where litigation funding could be of interest to potential clients. For example, I had not previously given thought to the possibility that financially strong companies may wish, for effective use of their funds, and to reduce legal spend, to share the risk of litigation with an outside funder. The presentation also provides a valuable insight to market trends for lawyers who act both on behalf of Plaintiffs and Defendants.

Doug Mitchell - Partner, IMK

Canada Investment Team: Capital plus skills

Our team of investment managers have deep expertise in litigation funding and backgrounds in civil and common law frameworks developed at top law firms from around the world.

Key Contacts

Learn more about

Paul Rand

Paul Rand

Managing Director and Chief Investment Officer - Canada +1 416 583 5720

Learn more about

Naomi Loewith

Naomi Loewith

Director of Strategic Partnerships - Canada, Investment Manager and Legal Counsel +1 416 583 5720

Learn more about

Pierre-Jérôme Bouchard

Pierre-Jérôme Bouchard

Investment Manager, Legal Counsel +1 514 257 6971

Learn more about

Geoff Moysa

Geoff Moysa

Investment Manager, Legal Counsel +1 416 583 5720
Meet Our Team

Insights

Disclaimer: The information contained in this blog is general in nature and does not constitute legal advice. We recommend that claim holders obtain advice from their lawyers on litigation funding.

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Using dispute finance to derisk recoverability in the construction sector

Construction disputes are often complicated, costly and slow to resolve. For long-suffering claimants, the expectation is that the short-term financial pain will be “worth it” when they finally win an award. But what happens when the respondent doesn’t pay?

How Would You Like to Pay for That?

In this article, Paul Rand discusses how choosing the right financing approach for a legal dispute can shape litigation strategy and drive business growth impacting a company’s cashflow, risk profile, and business operations.

Optimizing high stakes commercial claims for success

In this article, Paul Rand shares four over-arching themes that are constants in successful claims: the calibre of the legal team, clarity on goals and strategy, alignment of stakeholders and communication.

Webuilding Barriers to Enforcement: Ontario Court adds further hurdle to international enforcement of arbitral award

This article sets out the latest development in the global attempts to enforce the arbitral award in Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.P.A.

Quebec Court of Appeal Clarifies Path for Enforcement Against Foreign State: India’s Immunity Rejected and IATA Seizure Reinstated

A significant recent judgment in Quebec regarding the validity of state-related asset seizures offers a fresh perspective from the province's highest court on the application of international arbitration principles within Canada's legal framework, further solidifying the country’s reputation as an enforcement-friendly jurisdiction.

No, Litigation Funders Are Not 'Fleeing' The District Of Del.

Recent articles published on Bloomberg Law and Law360 have suggested that third-party litigation finance providers are “fleeing” the District of Delaware because of Chief Judge Connolly’s standing order regarding third-party litigation funding arrangements. Contrary to this perception, responsible funders have no reason to fear disclosure, and have no problem with their identities being disclosed if the claimant chooses to do so.

Introducing Omni Bridgeway's Asset Monitoring and Enforcement Funding Arrangement

With more than 30 years of enforcement experience, Omni Bridgeway’s global team of multi-disciplinary professionals continue to seek out and develop bespoke solutions to reduce the risks and costs of enforcement for our clients throughout their dispute resolution journey. Omni Bridgeway‘s asset monitoring and enforcement funding solution was developed for clients who foresee enforcement risk and either wish to fund the merits phase themselves, or the uncertainties of their case mean that our investment criteria for the funding of the merits phase are not able to be satisfied.

The UK continues to be an effective enforcement hub. Recent UK Court of Appeal decision provides further useful clarification that state immunity does not preclude the enforcement of ICSID awards.

The recent UK Court of Appeal decision in Infrastructure Services Luxembourg S.à.r.l. & Anor v The Kingdom of Spain ([2024] EWCA Civ 1257) has significant implications for the enforcement of International Centre for Settlement of Investment Disputes (ICSID) arbitration awards in the United Kingdom. This ruling provides useful clarification on the relationship between state immunity defences and the UK's obligations under the ICSID Convention. In upholding the judgment on appeal, this ruling reinforces London's status as an arbitration and enforcement hub, in line with its position as a global financial centre.

The Rising Tide of Legal Disputes on Data Centre Projects: How Legal Finance Can Help

Modern data centres cover millions of square metres, house expensive computing equipment, and consume as much power as small cities. They are complex undertakings involving intricate contractual obligations and supply chain interdependencies spanning all industries and economic sectors. With significant financial stakes tied to construction delays, regulatory compliance, service level agreements, intellectual property rights and energy supply, disputes are becoming more frequent and costly. Litigation funding is the perfect tool to alleviate the financial pressures created by data centre disputes and improve the investment returns on these assets.

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.

Crunching the Numbers: Using In-House Data Analytics to Prepare the Company’s Litigation Funding Request

Companies with affirmative claims increasingly are using litigation finance to pursue meritorious cases, reduce legal expenses, and manage financial risk. But not all funding requests are approved, and an application can be handicapped by an overly optimistic opinion about the potential recovery in a case or a casually prepared litigation budget.

Hamilton Reserve Bank v. Sri Lanka: Even Better for Sovereigns Than an International Bankruptcy Regime?

One of the significant risks that creditors weigh when deciding whether to lend money is bankruptcy risk: can the borrower use the bankruptcy laws to discharge the debt or compel the creditor to accept less than it bargained for? In the sovereign debt market, it has been an article of faith for creditors that states cannot file for bankruptcy and obtain such relief. But a recent ruling from the U.S. District Court for the Southern District of New York—Hamilton Reserve Bank v. Sri Lanka—may cause creditors to question that faith, with uncertain consequences for sovereign creditors and borrowers alike.

Court of Appeal affirms Omni Bridgeway cost undertaking was good security for Singapore litigation proceedings

The Singapore Court of Appeal has upheld a decision by the Singapore High Court that a costs undertaking given by Omni Bridgeway was an adequate form of security for costs. The High Court decision was the first time a Singapore court has permitted a litigation funder to provide a costs undertaking as security. The Court of Appeal’s endorsement of the decision is another example of the Singapore judiciary’s continuing acceptance of third party dispute finance for court proceedings.

Arvindran Manoosegaran on the criteria litigation funders apply when considering funding crypto disputes

More than a Lever: Partnering Litigation Finance with Legal Operations Divisions

Why Dispute Finance is Particularly Attractive to Mining Companies Right Now

Finding Balance: Amy T. Geise Profiled in the Journal of Corporate Renewal

Enhancing Preferred Legal Panels with Litigation Funding

Alistair Croft on why PACCAR may not have much impact on UK insolvency funding agreements

Ken Epstein speaks with The Wall Street Journal on the use of legal finance in insolvency matters

The Wall Street Journal featured Ken Epstein discussing litigation assets as another source of value for companies in insolvency.

Omni Bridgeway assists New Zealand claimants to bring an action against overseas insurers in Australia

In a landmark decision, Australia’s highest court has given the green light for New Zealand claimants to bring an action against overseas insurers in Australia. Gavin Beardsell explains its significance for New Zealand claimants in the Omni Bridgeway-funded Victopia Apartments class action.

Chris Citro weighs in on the disclosure debates from a funder’s perspective

Chris Citro spoke with Managing IP on how the U.S. courts are individually approaching requirements for disclosure of litigation funding and why a one-size-fits-all approach may not be the solution.

Beyond Single Case Funding: Smart Uses for Litigation Finance

Naomi Loewith highlights four strategic uses for legal finance beyond single-case funding.

Bloomberg Law quotes Ken Epstein on legal finance as a key tool in corporate insolvency proceedings

Ken Epstein speaks to Bloomberg Law about why litigation funding is a natural fit for use in corporate insolvency proceedings.

Legal finance solutions for distressed companies and insolvency practitioners

What is the endgame? Consider judgment enforcement strategies before filing your case.

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.

Matt Harrison speaks with Bloomberg Law on the growing demand for litigation finance in a challenging economy

Matt Harrison speaks to Bloomberg Law on the notable increase in funding requests and how current economic factors may be driving demand.

Law Firm Portfolio Financing: Three Strategies for Growth Amid Economic Challenges

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.

Omni Bridgeway authors litigation funding guide for Canada

Paul Rand and Naomi Loewith partner with Mondaq’s Comparative Guide to provide an overview of litigation funding in Canada, including the current legal framework, how it compares to other risk-sharing models available to claimants and firms, ethical considerations and much more. Read the full chapter here.

How corporate legal departments can generate revenue with legal finance

John Harabedian makes the case for companies to view their affirmative claims as a revenue-generating opportunity through the use of litigation funding.

Litigation Funding in Canada: Five Facts Law Firms and Corporations Need to Know

For Canadian law firms and corporations looking to mitigate legal and financial cost and risk, Laura Scheim discusses the top five benefits of legal finance.

Judgment Enforcement and Litigation Finance: A Growing Trend in International Arbitration

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.

The Evolutionary War: Overcoming the ABA’s Inertia and Closing the Justice Gap

In this op-ed, Ken Epstein discusses ABA Resolution 402 - where the ABA reaffirmed its existing policy against non-lawyers sharing legal fees and owning equity in law firms - and provides reasoning for a reconsideration of this policy as a way to broaden access to financial resources for individual claimants, law firms, and corporations facing an increasingly costly legal system.

The FTX implosion and the Role of Litigation Finance in “Black Swan” Events

Jason Levine explains how injured parties can use legal finance to reduce litigation costs and risk when pursuing claims involving black swan events like the recent FTX collapse.

Interview with The Texas Lawbook: The state of litigation finance in Texas

Amy Geise, Michael Miles and Natalie Parker sit down with The Texas Lawbook to discuss the growth of legal finance in Texas, spotlight emerging trends in the industry, and reflect on their transition from in-house and law firm roles.

Ireland contemplates third-party dispute funding in international arbitrations

As legislation to allow funding in international arbitrations is pending in Ireland, Camilla Godman opines on how the Irish courts may interpret, and allow for, the use of funding in this civil law jurisdiction.

NZ has a blueprint for a world-leading class action regime

Investment Manager Gracey Campbell in an opinion article published by BusinessDesk discusses New Zealand's rare opportunity to build a class action regime from scratch, learning from the trials and errors of others.

Global portfolio manager for IP, Sarah Tsou, discusses preserving value when funding IP litigation

As the popularity of IP litigation funding continues to rise, law firms and in-house counsel need to develop a thorough understanding of how funders evaluate potential investments. Sarah Tsou, Portfolio Manager – Global IP at Omni Bridgeway, chimes in with her significant IP expertise on this and other issues in Managing IP’s recent article, “How to stop a funded IP case from Falling Apart.”

Omni Bridgeway on “The State of Dispute Funding” in Latin America

Omni Bridgeway's Annie Lespérance, Daniela Raz, and Leticia Goñi give an analysis on the "State of Dispute Funding" in the First Edition of the Guide to Arbitration in Latin America.

CoreStaff class action: Omni Bridgeway assists PNG mine workers to recover unpaid wages

A Federal Court of Australia judge has approved the A$6.4 million settlement of class action proceedings against Australian labour hire company, CoreStaff NT Pty Ltd.

How antitrust cases can thrive with commercial litigation financing

Why are the characteristics of antitrust cases a great fit for legal financing? Omni Bridgeway’s Jason Levine, along with co-panelists Priyanka Timblo, David Kesselman and Bonnie Lau, explains in this Chambers and Partners webinar.

Omni Bridgeway (US) launches its inaugural Summer Associate Program

Our inaugural class of Summer Associates reflect on our US internship program, which was aimed towards providing an immersive experience about the role legal finance plays in the real world practice of law.

A Primer on U.S. Defense-Side Litigation Finance

Learn how your firm or company can shift its financial and litigation risk using defense financing. Omni Bridgeway’s Jason Levine explains key aspects of defense-side funding agreements, the potential benefits, and the elements that distinguish defense financing from the more common plaintiff-side transactions.

How dispute funding can play a vital role in Latin America’s cross-border insolvency cases

What role might dispute funding play in complex cross-border insolvency matters involving multiple Latin American jurisdictions? For a recent virtual seminar, INSOL International asked Omni Bridgway’s Tim DeSieno to moderate a panel discussion exploring that very issue with Henrique Forssell of Duarte Forssell, Enrique González of González Calvillo, and Nyana Abreu Miller of Sequor Law. Our latest blog summarizes their informative and insightful conversation.

The role of litigation finance in antitrust lawsuits

Antitrust lawsuits are distinctive in their complexity, duration, cost, and potential damages. They also require expensive specialized counsel and expert testimony. This is true not only for class actions and multidistrict litigation, but also for single-plaintiff cases involving restraint of trade, price-fixing, monopolization, unfair competition, and other related claims. These singular attributes of antitrust cases make them an excellent fit for litigation finance.

Omni Bridgeway’s Jason Levine on Legal Finance for Law Firms and Corporate Clients

In this episode of Legal Talk Network, legal finance is the topic of the day. Omni Bridgeway’s Jason Levine sits down with host Dave Scriven-Young to cover topics ranging from the key terms of a funding agreement to the benefits a firm or company obtains by monetizing litigation assets.

Why insurers are learning to favour dispute funding

In a recent webinar exploring the use of dispute funding in insurance-related cases, a significant change in attitudes is underway according to a panel of seasoned lawyers and litigation funders. Insurers, they said, are discovering funding’s effectiveness as a tool for financing their subrogated recovery claims.

The High Court expands the scope and purpose of s596A of the Corporations Act 2001 (Cth) – who can conduct a public examination

The High Court of Australia (HCA), in a majority decision, has held that the pursuit of a claim for the benefit of some shareholders may be as valid as a claim made for all shareholders. In each situation, the claim in respect of corporate misfeasance is in the public interest because it seeks to enforce the law and protect shareholders and creditors alike.

Identifying the opportunities and challenges for funding in Canada

Geoff Moysa explains the variety of funding solutions available to claimants and counsel, what a dispute funder looks for when assessing cases, some of the common legal and ethical issues encountered when obtaining funding, and how the funding relationship operates in practice.

Covid-19 is *still* here. How can funding help?

There are three things that businesses and their legal advisors should be thinking about as we trudge through COVID such as limitation periods, attractive corporate opportunities and contractual commitments cannot be avoided.

Success in high-stakes disputes: 9 tips from litigation experts

In a recent webinar, “9 Tips for Success in High-Stakes Litigation,” Omni Bridgeway brought together a panel of experts to share insights on these business-critical litigation issues from the client perspective, outside counsel and the funder perspective.

Need to top up your CPD points before year-end?

Although jurisdictions vary in their date for CPD (continuing professional development) year-end, the universal experience seems to be that the CPD year-end approaches quickly! Omni Bridgeway has a suite of complimentary options to help you earn CPD points in practice management while learning how dispute finance can mitigate cost and risk for your business or clients.

Fifth circuit rejects a challenge to litigation funding agreement for lack of standing

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.

Monetizing and enforcing arbitral awards in Brazil and beyond

An expert panel addresses critical questions related to enforcement and monetization of arbitral awards in Brazil and beyond as part of a webinar hosted by Omni Bridgeway.

The current approach to recovering third party funding costs in arbitration

Our experience is that arbitral tribunals are now increasingly familiar with funded parties (and third party funders) and so are more comfortable when faced with exercising their wide discretion to award Third Party Funding Costs.

Litigation finance drives profits for private equity and venture capital firms and their lawyers

The very nature of complex litigation is enough to give PE/VC investors pause. Omni Bridgeway offers the ability to assess the merits of cases across an entire PE/VC firm stable of companies and invest non-recourse capital in a portfolio comprised of those companies’ strongest potential claims and we lay out all the concerns and benefits facing investors and the difference Omni Bridgeway can make.

What lawyers and claimants should know about Brazil’s growing status as an arbitration hot spot

Annie Lespérance, Head of Omni Bridgeway’s Latin America Group, speaks with Fernando Merino of Steptoe & Johnson to discuss how the arbitration landscape has evolved in Brazil since the 1996 arbitration act, the increased use of dispute funding options in the area, and predict what’s to come in the next five to 10 years.

Lloyd v Google – a return to first principles

From a funder’s perspective, data breach claims that are to be litigated in England need to be approached in the same way as any other collective group claim – you need to be able to demonstrate that each claimant has suffered a loss. Omni Bridgeway Senior Investment Manager Jeremy Marshall explains.

New law increases incentives for anti-money laundering whistleblowers—and prospects for funding

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.

As litigation volume spikes in the US, law firm portfolio financing may help cover staffing shortfalls

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.

How legal finance can help claimants as patent disputes cross borders

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.

Law Commission calls for further submissions on draft procedure for class actions

The Aotearoa New Zealand Law Commission handed down its supplementary issues paper in its ongoing review of class actions and litigation funding in New Zealand and has confirmed its view that a statutory class action regime is desirable, observing that even those submitters who were sceptical of the benefits of class actions preferred the certainty of such reform.

Step by step: The nuts and bolts of the funding process, part two

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.

Step by step: The nuts and bolts of the funding process, part one

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.

Champerty pops up again!

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.

A peek behind the appellate curtain: Advice for counsel from behind the bench

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.

'Super priority' rescue finance in Singapore

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.

Why Latin America is a Growing Region of Interest for Dispute Funders

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.

Statutory price cap proposal: leaving victims of wrongdoing with nowhere to go

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.

The legal experts speak: Everything you wanted to know about funding (but were afraid to ask)

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?

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.

It’s the insurers, not class actions, driving D&O liability insurance premiums

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.

Canada Modernizes its Model Bilateral Investment Treaty

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.

Inkasso-Sammelklagen zulässig – ein Freibrief für die gebündelte Geltendmachung von (finanzierten) Massenansprüchen?

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.

The love-hate relationship with audit negligence

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.

Learning how litigation finance can make the difference in IP disputes

With the use of legal finance, companies can enforce their IP assets without a major financial disruption to their business.

Third-party funding in the MENA region

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.

Explosion? What explosion? The truth about class actions

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.

Are funders pure or professional or something in between?

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.

Omni Bridgeway reaches several significant milestones in 2021

Innovation. Capital and risk management. Access to Justice. 35 years and counting. Thank you for allowing us to serve the legal and business communities with #litigationfinance for over three decades.

Guides lead to top litigation funder – Omni Bridgeway

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.

How a strategic approach using litigation finance can help plaintiffs come out ahead against a bankrupt defendant

Know your options when pursuing litigation claims against a bankrupt defendant. In this Beyond Hourly podcast, learn how to obtain a successful outcome and how litigation finance can help maximize your recovery in this scenario.

Dispute funding in the U.K. and Singapore: A comparative review and looking ahead

Common law jurisdictions where third-party funding is in its nascent stage, such as Singapore, can look to jurisdictions with a more established third-party funding infrastructure, such as the U.K., to develop and refine its own regime. We engage in a comparative review of the development of litigation finance in the UK and Singapore and look ahead at how funding may continue to evolve there.

Hong Kong Law Reform Commission consultation on ‘outcome related fee structures’ for lawyers in arbitration – Omni Bridgeway submission

At present, Hong Kong lawyers are not permitted to charge legal fees based on the outcome of any proceedings. However, in some jurisdictions around the world, various forms of flexible financial solutions are permitted. As Hong Kong is a leading centre for arbitration and wishes to preserve and promote its competitiveness with other popular arbitral seats, the Law Reform Commission of Hong Kong (Commission) established a sub-committee to make recommendations regarding ‘Outcome Related Fee Structures’ (ORFS).

As a financial freight train looms, litigation finance can help GCs step off the tracks and into the conductor’s seat

Legal teams globally are facing larger workloads and shrinking budgets, but general counsel can look to litigation finance as a solution.

Omni Bridgeway celebrates its anniversaries in North America with reflection, and predictions, on the state of the litigation finance industry

With a decade under our belt of operating in North America, we discuss our expansion in the region, how we’ve brought dispute funding services to claimants, firms, and companies, and predict what’s in store for the future of the litigation finance industry.

Litigation funding can maximize recoveries for federal equity receivers

Don’t settle for less - litigation funding offers federal receivers the ability to receive a much larger recovery than under a contingent fee arrangement.

New Zealand Feltex case highlights importance of choosing a reliable litigation funder

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.

Looking Ahead: How Will the EU Representative Action Directive Affect Germany’s Class Action Regime?

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 and Shariah (Islamic) compliance

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.

Spotlight on Omni Bridgeway Trade Secrets Expert, Stephanie Southwick

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.

So, the defendant filed for bankruptcy … what’s next?

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.

New ERA Pledge Corporate Guidelines Aim to Assist Corporations in Promoting Women in Arbitration

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.

Unwilling but able: how to successfully enforce favourable judgments or awards against evasive debtors

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.

A Lone Star opportunity? A new U.S. epicenter for patent claims.

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.

Dispute funding for financially distressed companies

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.

Why royalty disputes rein in mining-related commercial litigation and arbitration

In the mining sector, disputes over royalties are some of the most common types of litigation. We discuss the latest trends in the industry, and why they may be ripe for litigation finance.

Leaders League bestows top rankings to Omni Bridgeway’s US, UK and Europe teams for funding litigation and arbitration

Omni Bridgeway is again recognized by Leaders League for its expertise as a leading litigation funder in several regions around the world.

Omni Bridgeway supports appropriate regulation of litigation funders in New Zealand

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.

The proposed cap on litigation funders’ returns would deny access to justice for many victims

A number of sensible reforms to Australia’s 30-year-old class action system are underway, with the ‘light touch’ regulatory regime that has drawn legitimate criticism starting to get a little heavier.

Financial transparency the best policy for funders

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.

Mining companies may be digging in for more disputes with sovereigns

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.

Omni Bridgeway recognized by National Law Journal with Top 3 and Hall of Fame Honor in its 2021 Best Of publication

The National Law Journal’s 2021 “Best Of” list is out and Omni Bridgeway received honors in their Hall of Fame and ranked Top 3 as a law firm funding provider.

Omni Bridgeway grows its Arbitration practice group in the German speaking region

Omni Bridgeway welcomes Dr. Martin Metz, LLM to its German team as an Investment Manager and Senior Legal Counsel based in the Cologne office.

Omni Bridgeway strengthens leading Asia presence welcoming Adam Silverman in Singapore

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.

A new resource for learning the fundamentals of litigation finance

Omni Bridgeway provides a resource about how litigation funding works and the key benefits it affords to claimants, law firms, and companies.

Don't be late – the risk of arbitral awards becoming unenforceable due to limitation periods

Omni Bridgeway's dispute finance and enforcement capabilities can help claimants collect on arbitral awards well before the limitations period runs.

Omni Bridgeway welcomes Camilla Godman as Investment Manager

Omni Bridgeway (ASX:OBL) is pleased to welcome Camilla Godman as Investment Manager based in London (on secondment to the Singapore office until July 2021).

Negotiation strategies for commercial dispute resolution - how to set up for success – Part 2

This is part 2 of our podcast on negotiation strategies for commercial dispute resolution in which Omni Bridgeway’s Clive Bowman chats with Robert Bordone, a Senior Fellow at Harvard Law School. In Part 2, Clive and Bob discuss positional bargaining and alternative methods of negotiating and how to get around difficult behaviour from the other party. They also share key learnings from the globally renowned Harvard Negotiation Institute workshop.

Negotiation strategies for commercial dispute resolution - how to set up for success – Part 1

In this two-part podcast, Omni Bridgeway’s Clive Bowman chats with Robert Bordone, a Senior Fellow at Harvard Law School, about negotiation strategies for commercial dispute resolution. In Part 1, Clive and Bob discuss theories behind negotiation methods, principles for negotiating a good outcome and how to create value in negotiation and why it is important.

Funding insolvency claims in Asia-Pacific

In this recent webinar panel discussion hosted by Lexology, Omni Bridgeway and an expert panel shared their insights and answered some of the most critical questions that companies, and lawyers have about using dispute finance for insolvency-related claims across Asia-Pacific.

In-house counsel insights into dispute finance

Many in-house counsel would consider using dispute finance for commercial claims according to a survey conducted by Omni Bridgeway at the 2020 Association of Corporate Counsel (ACC) in-house Legal Virtual Conference, with the inability to afford litigation being the main factor influencing their decision.

Omni Bridgeway expands its German cartel team with Anna-Maria Quinke

Please join us in welcoming our new Investment Manager, Anna-Maria Quinke! Based in Omni Bridgeway’s Cologne office, Anna-Maria adds significant value to the team, particularly in antitrust litigation – a key focus for the region.

Building a New Law Firm in Times of Uncertainty – Part II

In part 2 of this podcast series, “Building a New Law Firm in Times of Uncertainty,” Omni Bridgeway’s Jim Batson and Ariana Tadler of Tadler Law discuss the unique challenges facing firms during this pandemic as well as why diversity and inclusion are important factors for success.

Omni Bridgeway now services Latin America

Omni Bridgeway’s new Latin America Group will bring litigation and arbitration funding solutions, along with judgment enforcement and distressed debt capabilities, to countries including Brazil, Mexico, Argentina, Columbia, Chile, and Peru.

Building a New Law Firm in Times of Uncertainty – Part I

Starting a law firm can be risky business, and more so during these uncertain times. In part 1 of our latest Beyond Hourly episode, Jim Batson speaks with Ariana Tadler of Tadler Law about her decision to start her own firm and factors to consider to help make a firm successful.

The Cayman Islands confirms its commitment to disputes funding

In a collaboration with Harneys, we discuss the Cayman Islands’ Private Funding of Legal Services Act 2020, and the implications thereof, on the use of litigation finance in the Caymans.

NZ property owners one step closer to compensation in combustible cladding class action

The Omni Bridgeway-funded class action against the manufacturer and suppliers of certain polyethylene (PE) core cladding has commenced in the High Court of New Zealand. The action seeks compensation for New Zealand property owners and lease holders who have suffered or will suffer financial loss in relation to the Alucobond PE and Alucobond Plus cladding products which are or were affixed to their buildings.

Litigation finance helps companies keep their cool during trade secrets disputes

Stephanie Southwick sits down with trade secrets litigation expert James Pooley to discuss trends in IP litigation, including the use, and benefits, of dispute finance by companies in this space.

How insolvency trustees can use dispute funding to accelerate and increase creditor distributions

For bankruptcy trustees facing a lack of resources to pursue complex claims, Amy Geise and Ken Hill discuss how litigation finance can help.

Navigating the road to recovery in IP cases with litigation finance

Sarah Tsou, an Investment Manager and Legal Counsel with Omni Bridgeway, is an expert on how litigation finance can help claimants unlock the potentially tremendous value of their most important IP. Read about her most recent appearance, as a guest on the podcast Clause 8, The Voice of IP with Eli Mazour of Harrity & Harrity, LLP, and access other podcasts and blog posts where she has shared her knowledge.

Walking the walk: Omni Bridgeway displays thought leadership and expertise in PLI Studio Briefings and Pocket MBA webinars

Our team walks the walk in these PLI webinars ranging from a discussion of ethical issues to the utilization of funding in specialty practice areas.

Compensation distributed to members of Williamtown Contamination Class Action

This week, the members of the Williamtown Contamination Class Action received some good news in the run up to Christmas: $57m in compensation was distributed by their settlement scheme administrator, Ben Allen of Dentons. The distributions followed from the landmark settlement achieved in February 2019 by Omni Bridgeway’s funded class action.

Are the floodgates now open?

We discuss the recent UK Supreme Court decision in Mastercard Inc et al v Merricks.

How Diversity at Start-Ups May Change the Face of Silicon Valley

Omni Bridgeway’s Stephanie Southwick sits down with Aravinda Seshadri, founding partner of Venturous Counsel, to discuss why ensuring a diverse workforce is good for business in Silicon Valley and beyond.

Queensland Supreme Court decision recognises public benefit of funded class actions

A recent decision of the Supreme Court of Queensland (Court of Appeal) held that the funding agreements between a funder and the members of a class action were not unenforceable as being against public policy and recognises the public benefit to be derived from class actions funded by a third party litigation funder.

Omni Bridgeway Hires Mara Abols as Corporate Counsel Based in Toronto

We’re growing our Canadian team to meet the needs of sophisticated clients as the size and volume of the deals we handle in the country has increased. Please join us in welcoming Mara Abols as Corporate Counsel-Canada for Omni Bridgeway!

Cases taking longer than expected? Consider litigation finance.

Recent statistics by the United States District Courts indicate the average civil case takes 28.4 months from filing to trial, a figure which seems to be on the rise. With cases increasingly becoming lengthy and costly consider litigation finance at any stage of your case to help you get to the finish line.

Australian combustible cladding class actions – important information regarding Omni Bridgeway’s online registration for building owners, bodies corporate and public bodies

Building owners, bodies corporate and public bodies of properties in Australia who believe their buildings may be affected by combustible cladding will find important information on Omni Bridgeway’s Australian Combustible Cladding Class Actions webpage. The webpage contains Notices for likely class members that have been approved by the Federal Court of Australia and full details of the online registration process.

Using Litigation Financing, Companies Can Reduce Risk in Uncertain Times

We discuss three methods businesses can use to deploy litigation finance to reduce risk and build revenue during uncertain times.

Christopher J. Young, Omni Bridgeway General Counsel-North America and Chief Compliance Officer, Featured in Vanguard Law Magazine

Vanguard speaks with Chris Young, Omni Bridgeway’s GC for North America and Chief Compliance Officer, about the growth of the litigation finance industry and the reasons why he embraces risk in his line of work.

Omni Bridgeway Wins 2020 Canadian Lawyer Readers’ Choice Award as a Top Litigation Funder

The readers of Canadian Lawyer have again identified Omni Bridgeway as one of their top litigation funders, for the third year in a row.

How companies can leverage litigation to fund mergers and acquisitions

Companies often take on significant debt from financial institutions to finance mergers and acquisitions. Learn how litigation finance can be used to stimulate cash flow until the deal is sealed.

How growing corporate governance and global class actions may intersect

Increasing numbers of corporate Environmental, Social, and Governance (ESG)- related class actions may benefit from dispute funding due to their size, scope, and complexity.

Omni Bridgeway celebrates its one year merger-versary

We look ahead on our one-year merger-versary excited to expand geographically, introduce new funding solutions to the market and pursue strategic priorities to increase deal flow, grow our funds under management and achieve operational excellence.

Using litigation finance for intercreditor litigation

Litigation funding for intercreditor disputes has become “a clear third option” to paying hourly fees or hiring a law firm on a contingency basis.

The Exential case and litigation funding in the BVIs

We discuss the first written opinion expressly approving third party funding in the British Virgin Islands and what that means for those looking to use litigation finance there.

No more tyranny of distance in a virtual world – international arbitration in Australia

Omni Bridgeway was delighted to participate in a successful and stimulating Australian Arbitration Week (AAW2020), held in mid-October 2020. Given the current COVID-19 restrictions, AAW2020 was offered virtually and open to registrants from around the globe. It included speakers from Australia and abroad, including Omni Bridgeway arbitration specialists located in Australia, Asia and the US.

A prevailing party to a lawsuit does not lose its entitlement to a statutory fee award because it uses third party financing to pursue its claim

Legal challenges to the use of litigation finance continue to get debunked. Ken Epstein and Nilufar Hossain analyze recent case law discussing whether the presence of funding affects a prevailing party’s standing to recover a statutory fee award.

Seeking litigation funding before the end of the fiscal year? Law firms shouldn’t wait too long.

The clock is ticking. Exploring litigation funding sooner rather than later can help law firms lessen the impact of the current economic slowdown before the end of the fiscal year.

Claimants can benefit when dispute funders take an active role

In countries where it is permitted, Omni Bridgeway’s investment managers offer their expertise in managing complex arbitration, litigation and recoveries. This can enhance the claimant’s chances of achieving the best possible result.

Expected surge of non-performing loans will increase NPL workload for banks’ remedial departments; a bespoke NPL solution from IFC - Omni Bridgeway joint venture “MENA DARP” can offer relief

With the threat of large NPLs (non-performing loans) looming in the face of an economic downturn, financial institutions can turn to dispute funding to alleviate the risk of, and retrieve value from, NPLs.

87% of insolvency practitioners and financial institutions would consider dispute finance

87% of insolvency practitioners and financial institutions now consider third party finance a valuable solution after learning how it works from Omni Bridgeway’s Ruth Stackpool-Moore in a recent webinar hosted by Simmons & Simmons.

Dispute finance for corporates – financial and human capital benefits of working with an experienced funder

Omni Bridgeway Investment Manager and former General Counsel of RSL NSW, Leanne Meyer, chats with Christian Paech, former General Counsel and Company Secretary of Australian energy company, Santos Limited. They discuss some of the challenges for an in-house legal team when a company has a claim and how dispute finance can assist.

Singapore introduces further express legislation facilitating funding

New insolvency and restructuring laws in Singapore will make it easier for liquidators and judicial managers to obtain dispute funding in a broader range of insolvency related claims. The new laws were not drafted with the effects of a pandemic in mind but are timely and should provide valuable assistance in some circumstances.

Omni Bridgeway granted an Australian Financial Services Licence under new regulatory regime for Australian class actions

Omni Bridgeway is pleased to be the first company in Australia to be granted a litigation funding Australian Financial Services Licence (AFSL). The AFSL means we are able to fund Australian class actions in compliance with the new regulations that came into force last month.

How class actions help address the cost of misconduct

In Australia, shareholder class actions are one mechanism that can be deployed when other safeguards have failed to protect shareholder rights, enhance long-term value and change behaviour for the better.

Two Omni Bridgeway arbitration funding specialists receive recognition in Who’s Who Legal: Arbitration 2021

Omni Bridgeway is one of the few dispute finance companies with individuals recognized by Who's Who Legal:l Arbitration 2021, which highlights outstanding arbitration practitioners around the globe.

How law firms and insurers can use dispute finance to maximize recoveries

Help your insurance industry clients afford to bring subrogation and reinsurance claims and see them through to their optimal outcome. Litigation funding provides the budget predictability companies need to proceed with pursuing meritorious claims.

Licensing of litigation funders worked in the past – and it can work again

Omni Bridgeway supports the introduction of a licensing regime for litigation funders operating in Australia that includes minimum onshore capital adequacy requirements. This would increase confidence in the Australian class actions system and benefit all parties – class members, defendants and the courts.

Litigation funding reforms in Australia must strike the right balance

The role of litigation funders in the Australian class action system is currently under assault from a number of vocal pro-business advocates. Their motive is clear: remove the funders and you remove class actions against large companies.

The ABA’s Best Practices for Third-Party Litigation Funding come up short

Dear ABA, the new Best Practices for Third-Party Litigation Funding guide falls short on ethical guidance for lawyers. We give some practical insight for consideration.

Omni Bridgeway expands into global distressed debt with appointment of renowned debt restructuring leader Tim DeSieno

Omni Bridgeway is delighted to welcome renowned leader in emerging markets debt restructuring, Tim DeSieno as its new Global Director of Distressed Debt and Senior Investment Manager.

Circularity arguments against Australian shareholder class actions ignore their significant benefits

Pro-business advocates have used ‘circularity’ arguments in their attempts to discredit shareholder class actions in Australia and prevent investors from seeking justice. In our latest blog we examine these arguments and the many significant benefits of these actions for shareholders and more broadly for Australia’s financial markets.

Insights on dispute finance for insolvency-related claims

In this podcast, Omni Bridgeway’s Tom Glasgow and insolvency practitioner Luke Furler discuss dispute finance for insolvency-related claims in Singapore and more widely within the Asia-Pacific region.

Using financing to pursue international arbitration cases: A growing opportunity

International arbitration is becoming the go-to dispute resolution choice for many multinational companies. Here’s how dispute funding makes it affordable and creates opportunity to monetize awards.

Talking the talk: Omni Bridgeway participates in PLI Studio Briefings to discuss how litigation finance is applied in specialty legal practices

Learn how dispute finance can be applied in patent proceedings, cross-border disputes, insolvency matters, and as a means to drive client value in these CLE-accredited PLI Studio briefings.

Cladding class actions in Australia and New Zealand gain momentum: register now

Watch Omni Bridgeway’s Gavin Beardsell in this interview with Amanda Farmer, founder of Your Strata Property, discussing two Australian class actions Omni Bridgeway is funding against manufacturers of combustible cladding products, as well as a potential combustible cladding class action in New Zealand.

Without litigation funders to back class actions, everybody loses

Litigation funding not only provides access to justice for claimants in Australian class actions but provides protection to defendants who know their costs will be paid in the event the action is unsuccessful. Funded class actions also have a number of other benefits.

Funding arbitration claims, recovering assets and the impact of COVID-19: HKIAC webinar

Omni Bridgeway investment managers, Cheng-Yee Khong and Marjolein van den Bosch-Broeren, were delighted to participate in a HKIAC webinar on funding claims, recovering assets and the impact of COVID-19 with Briana Young of Herbert Smith Freehills, the Vice-Chair of HKIAC.

Meet Martha Solinger: The newest member of Omni Bridgeway’s US Investment Committee

Spotlight on Martha Solinger: As the newest member of Omni Bridgeway’s US Investment Committee, Solinger brings a wealth of experience with class actions and other complex securities matters across the globe. We are excited to add her to our elite, diverse team.

How dispute finance can help distressed energy companies around the globe: Focus on Europe and the Middle East

In Part 3 of our 3-part series focusing on the energy sector, our Omni Bridgeway team in EMEA, Oscar van Rossum du Chattel and Jonathan Siklos, provide thoughtful commentary about the impact of the pandemic and how litigation finance can help companies get through rough financial waters.

Litigation funders level the playing field

Why are so many class actions bankrolled by litigation funders? Simple. Because class actions are high risk, highly complex and highly expensive.

Leaving money on the table: The costs colleges and universities bear from under-utilizing patent portfolios

Litigation finance offers a new school of thought for universities holding valuable, but costly, patent portfolios.

How dispute finance can help distressed energy companies around the globe: focus on Australia and Southeast Asia

In Part 2 of this 3 part series about how the energy industry is faring through the pandemic, we turn to our APAC team members, Nathan Landis, Shane Taylor, Marjolein van den Bosch-Broeren, and Chee Chong Lau, for their insight on the economic impact in their region.

Funder's fees put in context

The Murray Goulburn class action, taken on behalf of aggrieved unit holders in the dairy business and which settled late last year, has been cited repeatedly in the current Australian Parliamentary inquiry into class actions and litigation funding. To some, the returns generated by Omni Bridgeway, which funded the successful action, were too high. To others – including the one person in the best position to judge – they were reasonable. This article explains a number of critical factors that need to be considered.

The CFO perspective on dispute financing

The priorities and challenges that today's CFOs face are varied and complex. In a newly published Beyond Hourly podcast, Omni Bridgeway’s Group Chief Financial Officer Stuart Mitchell talks about what attracted him to the dispute finance industry and how dispute finance assists today’s CFOs address their priorities and challenges by converting litigation from an expense into an asset.

How dispute finance can help distressed energy companies around the globe: Focus on North America

In part 1 of this 3 part series about how companies in the energy sector can benefit from dispute finance during the economic downturn, we hear from our North American team members, Amy Geise, Eric Chenoweth, and Naomi Loewith about what companies need to know in order to navigate the tough times ahead.

Litigation as an asset: dispute finance in the toolkit for corporate legal teams

Omni Bridgeway investment manager Leanne Meyer chats with Sacha Kirk, co-founder of Lawcadia, about her recent transition from general counsel to investment manager.

In Australia, class actions are good for our markets – just ask the investors

No company wants to face a class action from its own shareholders. They are disruptive, time-consuming, reputation-shredding and expensive – potentially very expensive. Fortunately, there is a proven way to avoid class actions: don’t break the law.

As COVID’s impact deepens, funding can help companies, outside counsel reduce risk and costs

Surveys indicate growing tension between the likely growth in litigation and the budget pressures in-house leaders face. Here’s how dispute finance can help relieve the pressure.

Omni Bridgeway invests in Japanese legal business to provide access to justice for Japanese claimants

Omni Bridgeway Limited has announced a new legal finance facility and an equity investment in an exciting new Japanese business providing Japanese clients with access to justice, without the associated costs and risks of pursuing their claims.

Remembering Steve Susman, A Legal Giant

Remembering Steve Susman: US CIO Allison Chock reflects on his contribution to our US Advisory Panel as well as his legacy in the legal profession.

Litigation finance can help in the battle over business interruption claims

Corporate insurance policyholders around the globe are battling their insurers over millions of dollars in unpaid business closure insurance claims. We discuss why litigation finance is the solution to help these companies.

Australian Parliamentary inquiry into litigation funding and class actions – getting the balance right

Andrew Saker, CEO of Omni Bridgeway, welcomed the opportunity to appear before the Australian Parliamentary Joint Committee on Corporations and Financial Services on 13 July 2020. The Joint Committee is inquiring into litigation funding and the regulation of the class action industry.

What insolvency practitioners should know about financing claims in a COVID world

Litigation and arbitration claims can be highly valuable assets of insolvent estates. Omni Bridgeway’s investment manager and insolvency specialist, Heather Collins, answers critical questions about how dispute finance can assist insolvency-related claims.

Corporate wrongdoing is the real reason D&O premiums in Australia are rising

Andrew Saker, CEO of Omni Bridgeway, explains how corporate wrongdoing is the real reason D&O premiums are rising in Australia.

Do operating companies have a better shot at IP litigation funding? The answer may surprise you.

Dispute finance can help both operating companies and non-practicing entities assess and manage the legal risks associated with litigation.

Litigation funding returns in Australian class actions - the facts

Omni Bridgeway has welcomed the Parliamentary inquiry into litigation funding and class actions that is currently underway in Australia. It provides an opportunity to improve the Australian class action system. However, opponents of litigation funding and class actions are using the inquiry to spread misinformation, in particular about returns generated by funders on successful actions. We set out some facts.

How funding can help VCs and startups unlock their litigation assets

VCs and startups often view litigation as a cost that dilutes a company’s capital, but by working with a funder like Omni Bridgeway, companies can develop a strategy to turn their meritorious legal claims into profitable assets.

Omni Bridgeway recognized by Chambers and Partners as a top litigation funder and asset tracing and recovery specialist

Omni Bridgeway has received recognition as a leading funder and asset tracing and recovery specialist from Chambers and Partners.

Omni Bridgeway makes a splash in Lawdragon Global 100 Leaders in Legal Finance Inaugural Guide

Congratulations to our many team members recognized on Lawdragon’s inaugural 2020 Global 100 Leaders in Legal Finance guide.

Why dispute funding should be on your company's radar

What is dispute funding and how can your company benefit? Time to put this advantageous tool on your company’s radar.

Investment treaty arbitration and dispute resolution finance

In this podcast, Omni Bridgeway Investment Manager and arbitration specialist, Nathan Landis, and Nick Gallus, Special Counsel with law firm Lipman Karas, discuss a range of issues relating to investment treaties between states and other entities, including the role of investment treaty arbitration to resolve any disputes that arise.

Latest judgment in the dispute between Mr Farkhad Akhmedov and Tatiana Akhmedova shows strong endorsement of funding from the English Courts

Every good law student, and indeed litigation funder, knows that it is a maxim of English law that if there is a conflict between the common law and equity, equity will prevail. The judicial approach to litigation funding has largely been shaped by the motivations of those parties who either have funded cases or have been the beneficiaries of such funding.

Correcting the record – litigation funding and returns to group members in Australian funded class actions

The Parliamentary inquiry into litigation funding and class actions announced earlier this year seeks to ensure fair and equitable outcomes for claimants and group members. As a pioneer of the industry and largest funder in Australia, Omni Bridgeway fully supports these aims. Part of our business is to provide finance and access to justice to claimants and group members in class actions who lack the resources to pursue complex and costly disputes.

Enforcement efforts receive a significant boost in the United Arab Emirates

A pair of recent legal developments involving the United Arab Emirates should significantly enhance the ability of parties seeking to enforce judgments from this important Middle Eastern business hub.

Omni Bridgeway welcomes leading international arbitrator Benjamin Hughes to its Investment Committees

Omni Bridgeway is delighted to welcome highly respected international arbitrator, Benjamin Hughes, to its Investment Committees.

A win for claimants in Alucobond cladding class action

The claimants in the ‘Alucobond’ cladding class action had a significant victory in court last week. The claimants, which include the bodies corporate of residential apartment buildings plus local councils, are bringing the product liability class action against the manufacturers of ‘Alucobond’ PE core cladding products, being the German company, 3A Composites GmbH and the Australian company, Halifax Vogel Group Pty Ltd. The action has been brought in the Federal Court of Australia under consumer protection laws.

Minnesota Supreme Court abolishes common law champerty, upholds litigation finance agreement

Breaking news: The sun has set on champerty in Minnesota as the state’s Supreme Court abolishes the age-old doctrine.

How Litigation Funding Can Help Small Firms and Solo Practitioners

In the second of this two-part series in The State Bar of California's 'Big News for Solo and Small Firms,' L.A. Investment Manager David Gallagher discusses common ethical issues raised by practitioners over the use of litigation funding.

Enforcing awards and judgments in Asia requires global resources and local expertise

Winning a case may represent just the first step in a long, difficult battle to recover the proceeds. Omni Bridgeway assists clients in Asia by leveraging deep local knowledge, global resources, and decades of enforcement expertise.

Doing more with less: how dispute finance can help in-house counsel generate revenue and preserve cash for their business

In-house teams are increasingly being asked to do more with less. Dispute finance can provide a pathway to help them achieve their companies’ financial goals while pursuing highly meritorious claims and substantially mitigating risk.

Supreme Court of Canada approves Omni Bridgeway’s litigation funding agreement

The Supreme Court of Canada recognized Omni Bridgeway’s litigation funding arrangement as ‘fair and reasonable’ in a landmark decision for the litigation finance industry in Canada. We delve into the details of the Court’s written opinion on our blog.

Dispute finance for companies in New Zealand

In New Zealand, dispute finance is becoming a more regular feature of the legal landscape. Leading global funder, Omni Bridgeway, recently announced it is expanding its footprint into New Zealand, where the company is already active in several actions.

Who’s Who Legal recognizes 22 Omni Bridgeway thought leaders in inaugural guide on dispute funding

Omni Bridgeway is pleased to have 22 of our global team recognised as thought leaders in the inaugural edition of WWL: Thought Leaders – Third Party Funding 2020 published by Who’s Who Legal.

Does your litigation funder have the capital to see you through to the finish line?

Capital adequacy matters. When faced with economic uncertainty and pending litigation, firms need a disputes financier they can rely on. Omni Bridgeway’s sizeable and stable investment funds can help.

Omni Bridgeway authors Practical Law Guide on litigation funding in Canada

Drawing from its expert team, its foundational position in the Canadian market, and its 30+ years of global funding experience, Omni Bridgeway has created a comprehensive and user-friendly guide to the legal and practical issues in a rapidly growing industry in Canada.

Leaders League recognizes Omni Bridgeway as a leader in litigation funding

We are pleased to announce top recognition by Leaders League in the “Litigation Funders” category, with rankings of ‘leading’ in the fields of litigation and arbitration in the United States and Europe as well as for ‘excellence’ in litigation and arbitration in the UK.

How litigation finance can be utilized in insurance cases

Insurers and policyholders can use litigation finance to pursue claims and maximize recoveries. Learn how.

Law Times: Canadian litigation financiers seeing increased interest in funding

The commercial litigation finance industry has entered its fifth year of having an on-the-ground presence in Canada, with Omni Bridgeway (formerly known as Bentham IMF) having been the first funder to establish Canadian operations when it opened a Toronto office in January 2016

Economic impact of COVID-19 and monetizing legal assets

Dispute finance is providing helpful liquidity for businesses of all sizes who are seeking to preserve cash.

Dispute finance for businesses in difficult economic times

In the current environment, businesses affected by mandatory closures, as well as their lawyers, may face constraints on cash and difficult decisions. Dispute finance options may be part of the solution for businesses seeking to relieve pressure on legal budgets and manage cash flow. We thought a quick overview of dispute finance might be useful for those looking for new strategies.

How funding can help companies in a representation and warranties insurance battle

Caught in a reps & warranties insurance dispute following a merger? See how funding from Omni Bridgeway allows companies to pursue claims without putting resources at risk.

Omni Bridgeway welcomes Raymond van Hulst to the Board

Omni Bridgeway Limited is delighted to announce the appointment of Raymond van Hulst to the Board of Directors.

Turning to litigation finance in uncertain times

Uncertain times call for innovative solutions. With litigation funding, you can reduce risk and unlock the value of your meritorious claims.

Can dispute funding help?

In the current environment, claimants, particularly businesses affected by the mandatory closures, as well as their counsel, may face constraints on cash and difficult decisions. Dispute finance options may be part of the solution for businesses seeking to relieve pressure on legal budgets and manage cash flow. We thought a quick overview of dispute finance might be useful for those looking for new strategies.

Even when you have a strong case, here’s how you can benefit from the use of litigation finance

Partnering with a funder like Omni Bridgeway can help you maximize your claim’s potential recovery, while mitigating the risk in the event of an unfavorable outcome.

What investment bankers need to know about litigation finance

For investment bankers tasked with monetizing a firm’s legal assets, litigation funding can provide the tools needed to unlock the value of a company’s meritorious claims.

The world's largest dispute resolution finance team continues expansion with senior appointments

Omni Bridgeway has welcomed talented new colleagues to the team as the company continues its international expansion. The appointments include global leadership positions following the merger of IMF and Omni Bridgeway in November 2019 and important roles in Australia in response to increased appetite for dispute finance solutions. Omni Bridgeway can also announce it is expanding its footprint into New Zealand, where the firm is already active in several actions.

How insurers can use dispute finance to reduce risk in subrogation and reinsurance cases

Dispute finance can be applied in creative ways to generate value within the insurance industry.

Why litigation funding makes financial sense for your company

Litigation finance can offer in-house counsel a path to modernization lined with benefits that include increased profits, a decrease in litigation spend, and an experienced partner with whom to share the risk of litigation.

Why your law firm should consider litigation finance

As litigation finance continues to grow, many firms are discovering they can use it as an alternative to taking on debt while maximizing revenue from their portfolio of litigation matters

Combustible cladding class actions – claims to be expanded

The Federal Court of Australia has today granted leave for the claimants in the two combustible cladding class actions to expand the claims against the respective defendants in those actions. The class actions are being funded by IMF Bentham and the claimants are represented by William Roberts Lawyers.

Decision Alert: Supreme Court of Canada unanimously affirms lower court’s power to authorize our company's Litigation Funding Agreement in landmark insolvency matter

Decision Alert: The Supreme Court of Canada affirms a debtor’s litigation finance agreement with Bentham Canada. We discuss what this could mean for U.S. insolvency practitioners.

IMF Bentham and Bentham IMF to become Omni Bridgeway

IMF Bentham Limited and Omni Bridgeway are excited to announce that IMF Bentham Limited and its subsidiary companies, including Bentham IMF, are adopting the unified global name of Omni Bridgeway, following a shareholder vote at the company's General Meeting on 14 February 2020.

Startup guru Andre Gharakhanian on Silicon Valley, emerging companies, and litigation finance

Startup guru Andre Gharakhanian disucsses his move from Big Law to a startup practice, his philosophy about representing early-stage companies, and his expert advice to company founders on everything from the search for legal counsel to the value of litigation finance as a tool for resource-challenged startups.

Pursuing an international enforcement campaign against an able but unwilling judgment debtor

One may need to bring an enforcement action that will capture debtor’s assets or create enough leverage with the debtor to force payment. But enforcement against an unwilling debtor can be complex, time consuming and very costly—and even more so when the debtor and its assets are situated abroad.

A smart way to share the risk in subrogation and reinsurance cases

For insurers and their outside counsel, litigation finance can offer creative ways to pursue subrogation and reinsurance claims that otherwise may have been left behind.

How a conservative legal scholar came to embrace litigation finance

The Conservative Case for Litigation Finance: We discuss how litigation finance has become an integral part of our legal system and what this means for lawyers and claimants.

Expansion of Omni Bridgeway and IMF Bentham in Europe: Mr Maarten van Luyn joins as director of Collective Redress

The world's largest dispute finance team just got even stronger with Mr Maarten van Luyn joining Omni Bridgeway and IMF Bentham in Europe as director of Collective Redress

Supreme Court of Canada unanimously approves Bentham's litigation funding agreement in landmark insolvency matter

On Thursday, the SCC unanimously allowed an appeal from the bench in a precedent-setting matter on litigation funding in the insolvency context.

How disputes funding works across jurisdictions

International arbitration can be a costly, lengthy, and complex process. Funding provides benefits to both smaller and larger companies engaging in them.

Leading members of our community meet our CEO Andrew Saker

Bentham and leading members of the Quebec bar and academia meet to discuss questions relevant to the future of litigation funding in Canada.

Discovery & Disclosure Series: Disclosure of funding in bankruptcy cases

Discovery and Disclosure Series: We discuss how bankruptcy cases prove to be the exception to the rule when it comes to disclosure of funding documents.

A managing partner’s advice on securing capital from litigation funders

Gain insight on the benefits of litigation finance from a Managing Partner turned Investment Manager. Spotlight is on Stephanie Southwick, our newest addition to our SF office.

Using a trial court judgment to obtain capital

You may have won the battle, but not the war. Appellate funding can help claimants and firms monetize a trial court judgment while their case is pending appeal.

In entertainment cases, litigation funding can be the star of the show

Bentham funds a whole range of entertainment-related claims, from breach of contract to copyright infringement to trade secrets and idea misappropriation matters. See how litigation finance can help your entertainment company manage your meritorious claims.

Interview with Jim Batson at The Deal conference

In this informative five-minute interview, The Deal’s Armie Lee sits down with Jim Batson, the head of Bentham IMF’s New York office for his take on developments within the commercial litigation finance industry.

How portfolio financing can unlock hidden corporate revenues

A funder like Bentham IMF, staffed with litigation experts and deeply experienced in identifying the value of cases, can help companies develop a coordinated strategy to pursue their claims., allowing them to create a significant recovery program.

Meet Nilufar Hossain, Bentham legal counsel and international arbitration specialist

Learn how Bentham’s NIlufar Hossain, uses her experience as a former in-house general counsel to evaluate cases for potential investment.

How Bentham's gender diversity helps clients

Bentham IMF brings several advantages to the table when it comes to litigation finance: its status as one of the world’s most experienced legal funders, its record of investment success, and its global reach, among others. Less well known, perhaps, is another core strength: the company’s gender diversity.

The Leading Edge: Why patent practitioners are ahead of the curve on litigation finance

Litigation funding offers benefits in Intellectual Property cases that cannot be achieved through traditional contingency arrangements, or through self-funding. We discuss how funding can provide patent lawyers a strategic advantage.

IMF Bentham and Omni Bridgeway complete merger, becoming a global leader in disputes financing

The merger brings together two pioneers of the litigation funding industry with an unrivaled 33-year track record of funded and recovered claims throughout the world.

Bentham IMF wins 2019 Canadian Lawyer Readers’ Choice Award as a top litigation funder

The readers of Canadian Lawyer have spoken, and once again have identified Bentham IMF as one of their top litigation funders.

Experienced dispute financier joins IMF Bentham and Omni Bridgeway Asia team

IMF Bentham Limited is delighted to welcome Ms Ruth Stackpool-Moore to our expanding global team as an Investment Manager, based in our Singapore office.

Selecting a disputes financier: Why experience and scale matter

For companies seeking funding, an experienced funder can help assess the strength of litigation and provide connections and advice on counsel and experts that can help maximize recoveries.

Pursuing opt-out cases with litigation finance

In a large antitrust action, the question often arises of whether a possible class member should participate by remaining in the class or pursue its own action and opt out of the class action. There are benefits and costs associated with both approaches. Here, we analyze how companies should consider these issues and how litigation finance can help.

Dispute finance for international arbitration claims

The use of dispute finance in international arbitration has been growing in recent years in many jurisdictions around the world, driven by the growth in use, cost and complexity of international arbitration, together with increasing demands on arbitration parties and practitioners to manage the associated costs and risks.

When funding makes sense for well-capitalized companies

Not every company that seeks litigation financing does so because it lacks the resources to pursue elective litigation. Well-capitalized companies, can use litigation funding to help turn legal claims into valuable assets and, transforming the legal department into a contributor to corporate revenues and profits.

Negotiation strategies for commercial dispute resolution - how to set up for success

In this two-part podcast, IMF Bentham’s Clive Bowman chats with Robert Bordone, a Senior Fellow at Harvard Law School, about negotiation strategies for commercial dispute resolution.

IMF Bentham and Omni Bridgeway announce plans to merge to become a global leader in disputes financing

Upon completion, the merger will form a global leader in disputes financing, with resources to provide seamless service to clients and their advisors throughout the globe.

Compensation sought for shareholders of failed New Zealand insurance company, CBL Corporation: shareholder class action announced

International dispute financier, IMF Bentham Limited has announced a class action seeking compensation for shareholders of failed New Zealand insurance company, CBL Corporation (CBL). IMF Bentham has teamed up with New Zealand law firm, Glaister Ennor who will lead the action together with a counsel team headed by Philip Skelton QC.

Bentham IMF and New York International Arbitration Center sign three-year strategic collaboration agreement

Bentham IMF is pleased to announce that it has signed a strategic, three-year collaboration agreement with the New York International Arbitration Center (NYIAC), a nonprofit organization formed to advance, strengthen and promote the conduct of international arbitration in New York.

Peering into the future of litigation funding

What’s next for funding? As the legal industry continues to evolve, and as companies and law firms look to reduce risk and raise revenue, litigation finance will be a key driver.

How litigation funding can help cross-border insolvencies

Learn how litigation funding can help companies access the court system in local and cross-border insolvency matters.

Why are well-capitalized litigants increasingly turning to dispute funding?

We are frequently asked why a well-capitalized corporate entity would use litigation funding. A recent article published by Institutional Investor provides some answers.

FastShip – a case study: The creative use of bankruptcy and litigation funding to enhance the likelihood of creditor recoveries

Recently, the United States Court of Federal Claims rejected the U.S. Government’s argument that a litigation financing agreement precluded a plaintiff from asserting a claim for attorneys’ fees.

An expert’s view: patent litigation and the factors that drive funding

Patent cases are excellent candidates for litigation funding. Hear Sarah Tsou, Bentham’s investment manager and former Kirkland partner and patent litigator, describe how funding and patent litigation work together.

Pursuing claims without driving down share prices

A company’s claims are an often-overlooked asset with the potential to attract millions of dollars of investment capital without diluting shareholders’ interests. Yet for many investors, the prospect of a company pursuing litigation or arbitration raises concerns of a costly and unpredictable process that may have a negative impact on earnings and share prices. Dispute resolution finance from IMF Bentham can alleviate these concerns for companies.

How to work with your funder when the unexpected happens in a case

Litigation is inherently unpredictable. We consider a few of the case developments that can affect funding relationships, how they might be handled, and the solutions that funders, claimants and their counsel typically adopt when a case takes a surprising turn.

Bentham IMF completes third round of US hiring since launch of $500M Fund devoted to US investments

New hires bolster Bentham’s ability to provide specialized trade secrets and international arbitration expertise and boots-on-the-ground support to clients.

Litigation finance: a bankruptcy litigator’s viewpoint

Stevens & Lee bankruptcy specialist, Nicolas Kajon discusses how litigation finance benefits his clients and why law firms should build relationships with funders like Bentham.

Financial and other issues to impact the legal industry: how dispute resolution finance can help

‘Financial issues’ are one of the top five trends legal professionals expect to have greatest impact over the next three years, according to a survey by Wolters Kluwer Legal & Regulatory. These include greater price competition, alternative fee structures and cost containment pressures.

Federal Court approval of funding commission recognises risks faced by funders

Last week, Justice Beach in the Federal Court of Australia approved the settlement of the securities class action against Sirtex Medical Limited (Sirtex). The action, funded by IMF Bentham Limited, had settled during the trial, subject to the court’s approval.

Competing with BigLaw: strategies for small firms

For a small law firm—even one with deeply experienced talent and a proven record of success—it can be difficult to win a battle for litigation work against a BigLaw competitor. A litigation funder can help small, well-qualified firms level the competitive playing field with BigLaw.

Quinn Emanuel partner Steve Cherny points to predictability, better lawyering and stronger cases as outcomes of litigation finance

Quinn Emanuel partner and patent litigator Steve Cherny discusses the ways his firm shares risk with clients, how litigation funding has affected Cherny's practice, and how funding is benefitting the legal system as a whole.

Supreme Court of Canada to consider litigation funding for the first time

The Supreme Court of Canada agrees to hear an appeal in a case funded by Bentham IMF involving a lawsuit against Callidus Capital Corporation, in a matter that will shape Canadian law on litigation funding.

A patent litigators view: maximizing your claim means telling a good story

How valuable is your patent litigation claim? Quinn Emanuel partner and patent litigator Steve Cherny sat down with Bentham IMF investment manager Sarah Tsou to share his 30 years of knowledge and insights on the patent industry.

With insolvent companies, the earlier a funder is involved, the better

For insolvent companies with high-value claims, litigation financing can unlock capital to pay creditors or keep operations afloat.

Easing the pain of corporate cost cutting

In-house legal teams and their outside counsel are under ever-greater pressure to do more with less. We explain how a shift in strategy can help generals counsel continue to deliver results and even drive revenues despite budget cuts.

Litigation funding in arbitration: three recent developments

Each month, we aim to update the legal community on issues related to litigation funding in Canada, and also on broader news in the industry.

Six criteria to consider when selecting a funder

As litigation funding continues to grow in Canada, how can claimants differentiate between funders and make an informed choice for their funding needs?

Litigation finance: three trends shaping our industry in 2019

As we advance into the second half of 2019, three trends that have taken shape in recent years continue to propel growth of the litigation finance industry. We identify the trends below and discuss why they continue to matter in a sector bringing well-timed disruption to the legal services pricing model.

Insights on dispute resolution finance for insolvency-related claims

In this podcast, IMF Bentham’s Tom Glasgow and insolvency practitioner Luke Furler discuss dispute resolution finance for insolvency related claims.

For law firms, portfolio financing means less risk and a greater potential upside

Litigation practice groups can yield predictable cash flows—even while taking matters on full contingency. We explain how portfolio financing makes it possible

In insurance coverage disputes, litigation funding eases the path to recovery

In many insurance coverage cases, the insured may forego their coverage claims or settle for pennies on the dollar because the insured lacks the time, energy, and resources to pursue litigation. By working with a litigation funder, the insured can assert its rights with minimal up-front investment

Legal recovery programs and dispute resolution finance

Recent reports show that companies are forgoing millions of dollars in dormant claims and unpursued recoveries. An expected economic downturn is likely to exacerbate this problem as companies’ legal budgets are reduced further, making it less likely that funds will be expended on disputes. A legal recovery program, combined with dispute resolution finance, can mitigate these problems and generate revenue and value for companies.

Dispute resolution finance for companies: Turn your in-house legal department into a source of revenue

One of the most complex issues facing many in-house counsel is the expense of litigation. Companies, even well-capitalised ones, with potentially valuable claims are often reluctant to pursue them, or see them through to their most valuable stage. Dispute resolution finance can help in-house counsel transform their legal departments from cost to profit centres.

Is third-party funding of commercial disputes permissible in Singapore and Japan?

Asia is the fastest-growing economic region in the world. Increasing regional cross-border investment leads to a rise in the number of international commercial disputes. The dispute resolution finance industry in Asia is still developing. However, growth of the industry is expected to be swift. IMF Bentham's Asia-based team have recently co-authored two articles on third-party dispute resolution finance in Singapore and Japan.

Dispute resolution increasing in the Middle East as economies reform

IMF Bentham's Nathan Landis shares insights from his experience living and working in the Middle East and why the market for dispute resolution finance is growing rapidly.

Litigation funding practice pointer: maximize your chance of obtaining funding

While Bentham IMF appreciates the role it can play in giving plaintiffs the resources they need to have a fighting chance in cases where the strength of their claims merit pursuit, we must exercise caution when making investments.

Chambers recognises IMF Bentham as ‘Band 1' dispute resolution funder across Australia, Asia-Pacific and US

IMF Bentham is delighted to be recognised as the only ‘Band 1' funder in the Asia-Pacific from the legal industry’s leading global directory, Chambers and Partners. We are also one of only two funders ranked Band 1 in the United States.

Litigation finance: a proactive way to source new business

What many lawyers may not realize is that they can take proactive steps to do something about it—and in the process obtain new, or more, business while forging a stronger relationship with their clients. In working with a litigation funder, outside counsel can develop a plan for alternative fee arrangements for affirmative litigation that will drive revenue for their client, trim litigation costs, and reduce risk.

Shareholder class actions in Australia: key information for global institutional investors

IMF Bentham’s Matthew Kennedy and Noah Wortman discuss the rapidly evolving class action regime in Australia and how IMF Bentham’s global program assists institutional investors to recover value for shareholders.

IMF Bentham launches new US$500 million fund in response to increased worldwide demand for dispute resolution finance

IMF Bentham launches US$500m Fund in response to market demand for dispute resolution finance. Total funds under management now close to A$2billion.

Bentham is delighted to announce exciting leadership developments

Since Bentham IMF commenced operations as the first commercial disputes funder in Canada, there has been significant growth in the number and range of clients looking to implement a litigation funding strategy. As the industry evolves in Canada and across the globe, Bentham IMF is delighted to announce exciting leadership developments.

Making the business case for litigation finance: A guide for partners seeking law firm management committee approval of portfolio financing

Litigation funding isn’t just for clients: increasingly, law firms are turning to funders to help them manage the business side of law so that they can better focus on winning cases, meeting client needs, and attracting new business.

Second class action commenced seeking compensation for combustible cladding on Australian buildings

Global dispute financier IMF Bentham Limited and William Roberts Lawyers have commenced a second product liability class action in the Federal Court of Australia under consumer protection laws. The action is against the manufacturer of ‘Vitrabond’ PE core cladding products, Fairview Architectural Pty Ltd. It follows the commencement in February 2019 of a class action against the manufacturers of ‘Alucobond’ PE core cladding products.

IMF Bentham - executive developments

We are delighted to advise you of the following leadership developments in IMF Bentham’s Australian business, which will become effective from 1 July.

For new GCs, litigation finance can help accelerate law department transformation

Litigation finance can serve as a powerful tool for new general counsel looking to transform their law departments. The new GCs are inheriting a rapidly shifting legal department landscape. Increasingly, companies are expecting law department leaders not only to mitigate risk, but to help generate revenue and boost corporate profit margins.

Andrew Saker and Allison Chock recognized by Lawdragon in its 100 Leading Legal Consultants and Strategists

Lawdragon’s 2019 guide to the 100 Leading Legal Consultants and Strategists has recognized Andrew Saker and Allison Chock among leading professionals in commercial litigation funding.

Decisions, decisions—what sets a funder apart from the rest of the crowd?

Legal industry surveys estimate 72 percent of litigators will have firsthand experience working with a litigation financing company within two years. Find out what sets a funder apart.

A law firm guide to monetizing litigation claims using litigation finance

Many firms are now turning to litigation finance to get comfortable with taking matters on contingency. With litigation finance, firms are given the opportunity to maximize revenue and generate greater value for their clients.

Bentham IMF hires recognized international arbitration expert in Canada

Bentham IMF is delighted to announce that well-known international arbitration expert Annie Lespérance, FCIArb has joined our Montreal team in the capacity of Legal Counsel.

The benefits mid-sized and large companies realize from litigation finance go beyond access to capital

Litigation finance is often thought of as a resource used solely by law firms, individual claimants and small companies. However, the benefits of using it to pursue strong claims also appeal to mid-sized and large companies.

High-interest litigation “loans” vs. non-recourse litigation funding

Last month’s Ontario Superior Court costs decision in a personal injury-type case, Davies v. Clarington (Municipality), caught our attention. It puts into sharp relief the differences between companies who offer loans for personal injury litigation and funders like Bentham who provide funding for corporate-commercial claims and class actions.

Bentham IMF launches the Beyond Hourly Podcast

Launch Episodes Feature Top Bankruptcy and Patent Litigators Discussing Advancements in Legal Services Driving Economic Value for Clients

Five commonly-asked questions about Bentham’s litigation funding process

Get a behind the scenes look at the factors we take into account when reviewing a potential matter for investment and how our funding process works.

Replacing combustible cladding? The class action you need to know about

Omni Bridgeway’s Gavin Beardsell has been interviewed for a podcast by Amanda Farmer, founder of Your Strata Property. Gavin discusses the combustible cladding class action that Omni Bridgeway is funding against the manufacturers of Alucobond polyethylene (PE) core cladding products.

In-house counsel can use litigation finance to build a revenue-generating legal offense

When funding is used to finance litigation, legal spending is removed from the books, the company’s bottom line improves, and cases are transformed into financial assets.

A cost-benefit analysis of litigation finance

Litigation finance allows law firms and companies access to a source of capital that can be far more flexible than other financing options—with stronger results for the bottom line.

An international arbitration expert sees expanding frontiers for funding

Dana MacGrath discusses the benefits of funding for international arbitration parties.

IMF Bentham and Boies Schiller Flexner announce US$30 million to fund Vietnam-related arbitration and litigation

Global dispute funder, IMF Bentham Limited, and Boies Schiller Flexner LLP (BSF), one of the leading litigation and arbitration firms in the world, have announced their agreement to provide up to US$30 million to fund international arbitrations globally or litigation in the US or UK for Vietnam-related cases. This is the first country-specific litigation funding deal for IMF Bentham in Asia.

Litigation funding practice pointer: what funders look for when evaluating damages

Over the course of its years in the litigation finance industry, Bentham has developed funding criteria to guide its investment strategy. These criteria are tailored to each type of funding product Bentham offers, and, while they vary slightly by funding category, they are all designed with the common goal of helping to identify quality cases where the introduction of litigation funding can provide a fair, healthy return to all parties involved – claimant, lawyers, and funder.

The changing world of dispute finance, part 2 – where to next?

IMF Bentham’s Chief Investment Officer (Asia), Tom Glasgow, explains developments in dispute finance in Asia (including jurisdictional nuances and funders’ investment criteria) and Managing Director and CEO of IMF Bentham’s global operations, Andrew Saker, discusses the expansion of funding products available.

The changing world of dispute finance, part 1 – where it all began

IMF Bentham Executive Director and pioneer of the dispute finance industry, Hugh McLernon, shares insights into the origins of modern-day dispute finance and its global expansion.

Private equity: using litigation funding's smart capital

Private Equity firms and their advisors are increasingly recognizing the value of partnering with experienced litigation funders. This blog post discusses some of the ways that litigation funding can add value to a PE manager's strategy.

Growing interest in third-party funding of disputes in India

The dispute finance industry is still at an early stage in India but is growing rapidly. Tom Glasgow, IMF Bentham’s Chief Investment Officer (Asia), was recently interviewed by VCCircle.com about third-party finance there.

New role for retired Supreme Court Judge who sits on IMF Bentham’s Investment Committee

IMF Bentham congratulates Mr John Sulan on his recent appointment as South Australia’s Reviewer of the Independent Commission Against Corruption (ICAC). This role provides independent oversight of the ICAC and the Office for Public Integrity, reporting to the South Australian Attorney General and Parliament’s Crime and Public Integrity Policy Committee.

The new tool investment bankers are suggesting to financially distressed corporate clients

As investment bankers realize how funding serves to leverage affirmative legal claims, which are commonly overlooked assets, they are seeking opportunities to connect their distressed clients with opportunities to transform claims into vehicles for immediate income and substantial future recoveries. Such opportunities can be impactful for distressed clients because they help to improve a company’s cash position and profitability.

Dispute funding and the energy sector

Disputes that arise in the energy sector are invariably complex, high value and often cross-border in nature. Common examples include disagreements about the construction or operations of oil and gas extraction projects, power production projects, commodity contract disputes and joint venture disputes. These types of commercial disputes are increasingly referred to international arbitration.

Cost budgeting: controlling the costs of litigation

One of the most significant challenges for in-house legal teams is resource and budget limitations. Costs budgeting by both sides in litigation has the potential to enable the Courts, as well as the parties, to better manage and control the costs of the litigation and to avoid the risk of costs becoming disproportionate to the claim size.

How funding can optimize the outcome of your company’s litigation

Litigation finance provides litigants and lawyers access to capital to pursue meritorious litigation where there is a substantial chance of a positive outcome. In exchange, the funder receives a return, usually via a multiple of its investment or a percentage of the recovery. Financing is non-recourse, which means that the funder receives a return on its investment only in the event the litigation is successful .

IP litigation veteran discusses how corporate IP practitioners and claimants can benefit from the use of litigation finance

Bentham IMF Spotlight Series: IP litigation veteran Sarah Tsou discusses how litigation finance helps companies mitigate the financial risks of protecting their IP.

Increase in international arbitrations filed points to greater demand for litigation funding

The number of investment treaty arbitrations filed in 2018 continued to grow. As more parties seek to file meritorious claims, demand for third-party funding for these arbitration claims will also continue to rise.

A guide to negotiating fair deal terms with a litigation funder

Claimants should exercise caution in seeking out litigation funding, paying particular attention to the funder’s track record of success, source and availability of capital, and history of disputes (if any) with claimants or their attorneys.

Preparing for the storm: unleashing recession-proof assets and shoring up liquidity with litigation finance

With analysts predicting that the economy will slow in the year ahead, companies may find litigation finance to be a useful tool in managing their legal spend.

Insurance recovery veteran sees a big upside for firms and claimants that use litigation finance

Bentham IMF Spotlight Series: We speak to Los Angeles Investment Manager and veteran insurance recovery litigator, Fiona Chaney, on why companies and firms in the insurance recovery field should be aware of how #litigationfunding can make a successful impact on the bottom line.

Ontario court approves funding agreement in which funder pays legal fees as class action progresses

The Ontario Superior Court recently approved a funding agreement whereby the funder will pay for class counsel’s legal fees as the case progresses, in exchange for a return at the conclusion of the case. This arrangement enables the matter to proceed where the client is not able to pay legal fees, and the law firm is not able to carry its fees throughout the case.

Litigation and arbitration funding: Leaders League ranks IMF ‘excellent' in UK and US

IMF Litigation Funding Services Limited (IMF LFS) is delighted to be ranked as ‘excellent’ by Leaders League for litigation and arbitration funding in the UK. IMF LFS is the European arm of leading global dispute funder IMF Bentham Limited, one of the oldest and most experienced commercial litigation funders in the world.

Winning the beauty contest: an experienced funder can help law firms win client confidence

Litigation finance can serve as a powerful tool for law firms seeking to attract new clients or win plaintiff-side work from existing clients. Incorporating funding as an option in pitches submitted to secure work affords significant advantage to law firms. Among other benefits, funding helps clients reduce litigation risk, afford their top-choice law firm and improve their balance sheet.

IMF Bentham’s CEO Andrew Saker responds to ALRC reform recommendations

As Australia’s pioneer of commercial litigation funding and leading funder, IMF Bentham has a particular insight into the current system. Class actions are particularly complex and costly. Each action involves different circumstances, considerations and issues. We think that some of the ALRC’s recommendations will benefit class members and improve the existing class action regime.

Former GC and veteran litigator sees funding as a game-changer for in-house teams

Bentham IMF Spotlight Series: New York Investment Manager Daniela Raz, former General Counsel and veteran litigator, discusses what a game-changer litigation funding can be for companies

IMF Bentham upsizes funds in response to market demand for investment funding

IMF Bentham announced it is approaching investment targets for two of its funding vehicles ahead of schedule and has successfully increased the capacity to meet strong market demand for investment funding.

Affording arbitration: Kavanaugh’s first majority opinion further strengthens the enforceability of contractual arbitration clauses

Justice Brett Kavanaugh made headlines earlier this month when he issued his first majority opinion for the United States Supreme Court. The opinion resolved a circuit split over whether the Federal Arbitration Act permits a court to decline to enforce arbitration agreements that delegate arbitrability questions to an arbitrator.

Reflections from Tania Sulan on Bentham Canada's Third Anniversary

As Bentham IMF celebrates its third anniversary in Canada, Chief Investment Officer Tania Sulan reflects on the company's achievements and what lays ahead for our business and the litigation funding industry in 2019.

Bentham IMF hires two more Investment Managers, further strengthening the specialized expertise of its Investment Management team

Please join us in welcoming Dana MacGrath and Sarah Tsou to the Bentham IMF investment management team!

Compensation for shareholders of Danske Bank: Proposed shareholder action

IMF Bentham Limited (IMF Bentham), a leading global dispute funder, announced a proposed shareholder action in Denmark seeking compensation for losses suffered by shareholders of Danish financial institution, Danske Bank A/S.

How Funding for International Arbitrations Equalizes Power and Reduces Risk

Claimants in international arbitrations are increasingly using the powerful new tool, litigation funding, to reduce costs and reallocate risk.

Northern District of California rejects discovery of litigation funder identity on relevance grounds

Last week, the U.S. District Court for the Northern District of California denied as irrelevant defendant Micron Technology’s demand that plaintiff MLC Intellectual Property disclose the identity of the source of any third-party funding in MLC’s patent infringement lawsuit.

IMF Bentham’s Tom Glasgow discusses enforcement of legal awards in Asia

IMF Bentham Ltd’s Tom Glasgow shared insights about enforcement of awards in Asia with online publication, Asset Recovery Hub.

Partnering to add value

It's the season for partnership announcements, and the team at Bentham congratulates newly minted partners! As new partners look for ways to add value, it is worth considering the commercial litigation funding tools offered by Bentham.

With rising interest rates, corporations can look to litigation finance as an alternative means of financing

Modern litigation finance offers an alternative to the rising costs of traditional loans, and can allow cash-strapped businesses to simultaneously pursue growth strategies and valuable litigation claims.

Litigation finance forecast: six trends to watch in 2019

As 2019 dawns, Bentham IMF is paying close attention to the trends that may be affecting litigation and the funding industry in the year ahead.

The litigation finance industry shines bright, dispelling early concerns

The American litigation finance industry is seeing increasing demand for litigation funding taking root at companies and law firms across the country. This demand, which companies like Bentham are meeting with increasing capital available for investment, demonstrates recognition within the legal and business communities of the economic value that litigation funding affords to parties pursuing and handling high-stakes commercial litigation.

Fact or fiction: litigation finance myths dispelled

We separate fact from fiction and debunk these common misconceptions about litigation funding.

Hong Kong Code of Practice for third party funding published

The Hong Kong Department of Justice (“DOJ”) has published the much-anticipated Code of Practice for third-party funding of arbitration, which will regulate and provide guidance to the arbitration funding industry in Hong Kong. The DOJ has confirmed that the new provisions of the Arbitration Ordinance, which facilitate the funding of arbitration, will come into operation on 1 February 2019.

2018 litigation funding year in review

Another year, another leap forward for commercial litigation funding: as we predicted at the end of 2017, the industry’s rapid growth continued unabated in 2018. The year was marked by story after story covering the growth of litigation funds as an attractive alternative investment class.

IMF Bentham opens new office in Europe

Leading litigation funder IMF Bentham Limited has returned to the UK/EU with the launch of its subsidiary IMF EMEA. IMF EMEA is based in London and staffed by highly experienced alumni. It is headed by Oliver Gayner and includes Jeremy Marshall and Alistair Croft.

B.C. legislative amendments confirm important role of third-party funding in international arbitrations

In May 2018, British Columbia modernized its International Commercial Arbitration Act by largely adopting the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration.

Bentham IMF announces new $500 million Fund for US commercial litigation finance investments, with upsize potential to $1 billion

IMF’s funds under management have increased to over A$1B. The new fund positions the company to substantially grow its US team and offer the resources needed to address market need and make larger investments.

Precedent Magazine: where innovation works

The litigators at Bentham IMF’s Toronto office do not have traditional legal jobs. And so, it’s fitting that they do not work in a traditional law office. Instead, the open concept brick-and-beam space represents a different approach. “As soon as I walked in here I knew this would be a creative, innovative and fun place to work,” says Bentham lawyer Paul Rand.

Liquidity without leverage: the benefits of exit financing through litigation funding

Litigation funding can play an important role in bankruptcy reorganization. Learn how you can benefit from this non-traditional form of exit-financing.

Bentham IMF expands investment team following launch of a new US Fund

Please join us in welcoming litigators Fiona Chaney and Daniela Raz to Bentham IMF’s investment team!

Implications of this week’s Full Federal Court ruling on competing class actions

The Full Court of the Federal Court of Australia confirmed this week that only one of three competing class actions against GetSwift Limited may proceed. This ruling is significant for the Australian class action landscape and is the first time the Full Court has ruled on competing class actions. The Full Court said that guidance was required on the factors to be considered and the options open to judges when dealing with competing ‘open’ class actions.

On the partnership track? Let litigation finance maximize your chance of success

The approaching end of the calendar year means that it’s officially announcement season for big law firms, as associates will learn what year-end bonuses they can expect, and a select few top senior associates will learn if they’ve earned the biggest bonus of all: partnership status.

Efficient management of litigation and arbitration in the Asia Pacific region – videos of IMF Bentham seminar

Watch the videos from the event.

Three questions every company should ask before commencing litigation

When a company is considering whether to commence litigation, it will typically assess both the “soft” and “hard” factors at play/Lorsqu'une entreprise songe à intenter un recours judiciaire, elle évalue généralement les facteurs « intangibles » et les facteurs « tangibles » en jeu.

In-House Update: Three Litigation Strategy Mistakes to Avoid

Corporate legal departments are in the midst of a transformation. They are embracing operational efficiencies and building teams that allow for the insourcing of legal matters traditionally handled by outside counsel.

IMF Bentham’s Oliver Gayner discusses third-party dispute finance

IMF Bentham Ltd's Oliver Gayner discusses the origins of dispute finance in Australia in the mid-1990s and its subsequent growth in many jurisdictions around the world, where it is now an integral part of civil justice, providing a means of facilitating access to justice and offlaying litigation risk.

IMF Bentham’s Cheng-Yee Khong takes part in Hong Kong Arbitration Week 2018

IMF Bentham Limited’s Cheng-Yee Khong participated in a number of exciting events at this year’s Hong Kong Arbitration Week, including serving as a judge at the Arbitration Debate 2018, speaking at a MARC event and attending the Arbitration Charity Ball.

IMF Bentham’s Noah Wortman attends Council of Institutional Investors Fall Conference

IMF Bentham Ltd’s Noah Wortman attended the Council of Institutional Investors (CII) Fall Conference in NYC in late October. CII’s Fall Conference brought many of the world’s institutional investors, regulators, and ESG professionals together under one roof to discuss and debate topics surrounding investment stewardship, public policy, corporate governance, and shareholder activism.

A Second Trilogy of Canadian Litigation Funding Case Law

Bentham’s litigation funding agreements have been the subject of three recent class action decisions. Learn more:

The Golden Rule of Applying for Litigation Financing: How to Avoid Having Surprise Revelations Derail Your Prospects of Qualifying for Litigation Funding

The best approach to funding follows the “Golden Rule” of applying for litigation financing: tell your prospective funder everything that you would want to know if you were in the funder’s shoes.

Australian Federal Court judge proposes trial of costs budgeting in class action

Justice Bernard Murphy has said he would like to trial costs budgeting in proceedings currently on foot in the Federal Court in Victoria. During a procedural hearing in two shareholder class actions against Brambles Limited(1), the judge said that he would like to trial an adoption of UK-style costs budgeting, as outlined by Sir Rupert Jackson at a recent conference in Melbourne, co-sponsored by IMF Bentham Limited.

IMF Bentham and University of New South Wales Class Actions Conference 2018 - videos now available

Videos are now available from the successful IMF Bentham Limited and University of New South Wales National Class Actions Conference held in Melbourne on 25 September 2018.

IMF Bentham’s Nathan Landis discusses third-party funding at inaugural Darwin Arbitration Symposium

IMF Bentham Ltd’s Nathan Landis participated in the inaugural Darwin Arbitration Symposium, held in Darwin on 24 October. The Symposium, hosted by William Forster Chambers in Darwin, was the first arbitration event held in the Northern Territory. During the session dealing with third-party funding, Nathan discussed the steps to obtain financing, and described how to prepare a matter for funding, including the types of documents that should be provided.

The latest legal thriller: key issues in litigation finance

Bentham IMF is pleased to announce the publication of its guidebook on the key issues related to commercial litigation finance.

Investment treaty arbitrations: the evolution of third party funding

Recent proposed changes to the rules governing investment treaty arbitrations demonstrate the growing use and evolution of third party funding in international arbitration.

Compensation for combustible cladding on Australian buildings: IMF Bentham announces proposed class action

IMF Bentham Limited has announced it is proposing to fund a potential class action seeking compensation for property owners of certain buildings throughout Australia that have a highly combustible and therefore potentially dangerous external cladding. Law firm William Roberts will act for claimants in the action.

Securities class actions and maximising recoveries: IMF Bentham presentation at Superfund Back Office conference

IMF Bentham Limited’s Ewen McNee was delighted to participate in the Superannuation Fund Investment Operations Forum 2018, held in Sydney on 22-23 October. The forum, presented by International Business Review, was the 5th annual Superfund Back Office conference.

Bentham IMF Participates in Debtwire Podcast on the Evolution and Applicable Uses of Litigation Finance in and out of Insolvency Contexts

Bentham IMF Investment Manager, Ken Epstein, joined Howard Brownstein, President and CEO of Brownstein Co. and Cathy Reece, financial restructuring, bankruptcy and creditors' rights practice group chair at Fennemore Craig, to discuss litigation finance in a Debtwire podcast airing on October 25, 2018.

IMF Bentham shares insights in The Australian Legal Review

Global litigation financier, IMF Bentham Limited, has featured in The Australian Legal Review magazine. The Australian was keen to understand how this extremely successful pioneer achieved its position as one of the most trusted brands in the funding industry. The answer to IMF Bentham’s success is its highly talented and experienced team of Investment Managers and a rigorous investment process overseen by a prudent Investment Committee, comprising industry founders and former judges (including The Honourable John Sulan QC who was interviewed for the feature). The 500+ years collective wisdom of this team has produced a 90% success rate over 17 years, recovering $1.4 billion for funded claimants.

Israel Litigation Fund enables companies to level the playing field against large corporations

An unfortunate yet all too frequent problem that arises in the lifecycle of startup and emerging companies worldwide is how to effectively enforce important legal rights against large, multi-national corporations that have wronged them.

From Billables to Bentham: The Role Legal Counsel Play in Bentham’s Funding Decisions

Part two of our series focuses on how our legal counsel collaborate with Bentham’s investment managers to make deal decisions, and the strategies they employ to objectively evaluate cases for investment.

New MARC Arbitration Rules launched in London

IMF Bentham Limited’s Cheng-Yee Khong participated in the first leg of a roadshow held in London to launch the new MARC Arbitration Rules. The new Rules were officially launched in Mauritius and came into force in May 2018. The roadshow in London was held to inform practitioners and arbitrators about MARC and the development of international arbitration in Mauritius which has a supportive judicial system.

Experience and results: litigation funder IMF Bentham interview in The Australian

IMF Bentham Limited’s Andrew Saker and Clive Bowman were interviewed for the Legal Affairs section of The Australian. Andrew is the global Managing Director and CEO and Clive is the Chief Executive for Australia and Asia.

Class actions require flexible approach: IMF Bentham submissions to ALRC Inquiry

IMF Bentham Limited was very pleased to provide further submissions to the Australian Law Reform Commission’s (ALRC’s) Inquiry into Class Action Proceedings and Third-party Litigation Funders.

IMF Bentham participates in IBA 2018 ​

IMF Bentham Limited’s Cheng-Yee Khong attended IBA 2018, the International Bar Association’s Annual Conference, held in Rome this year. The IBA’s Annual Conference is the legal profession’s largest international event. Cheng-Yee was a panellist on a session titled, Arbitration and Litigation Finance in the Arab World.

Funding Can Help Companies Cope with the Rising Tide of Trade Secret Cases

Recently released statistics show a rapid rise in the number of trade secret cases filed in the United States. It is a trend we are seeing play out at Bentham IMF, as well as with litigants increasingly seeking opportunities to employ litigation funding to finance their claims.

Exciting new appointments to IMF Bentham

IMF Bentham Limited is delighted to welcome new appointments and to thank and farewell one of its non-executive directors.

From Billables to Bentham: A Day in the Life of a Litigation Finance Legal Counsel

Behind the scenes at Bentham IMF, we employ a talented cadre of legal counsel, many of whom have left law firms—and billable—to focus on helping our company make critical litigation investment decisions.

Take a DIP into Litigation Finance

A recent case in Canada provides a prime example of how the innovative use of litigation funding can unlock potential claims worth millions of dollars to a bankrupt estate.

Class actions, costs management and fairness - IMF Bentham co-hosts conference in Melbourne

IMF Bentham was delighted to co-host a National Class Actions Conference with the University of New South Wales (UNSW) in Melbourne on 25 September 2018.

Bentham IMF Wins 2018 Canadian Lawyer Readers’ Choice Award as a Top Litigation Funder

The readers of Canadian Lawyer have spoken, and they have identified Bentham IMF as one of their top litigation funders. Over 2,000 professionals cast 89,000 votes in this years’ competition – so it’s a huge stamp of approval.

Growth of litigation funding in Asia – Dispute resolution summit in Hong Kong

IMF Bentham's Clive Bowman, Tom Glasgow and Cheng-Yee Khong were delighted to participate in Asialaw & Benchmark Litigation Asia-Pacific Dispute Resolution Summit in Hong Kong on 20 September.

Benefits of costs management of litigation and arbitration – IMF Bentham seminar in Hong Kong

IMF Bentham was delighted to host a seminar in Hong Kong on 20 September 2018 on the efficient management of litigation and arbitration. The guest speaker was Sir Rupert Jackson, a former Lord Justice of the Court of Appeal of England and Wales.

The IMF Bentham and UNSW National Class Actions Conference papers are available

Following a successful conference in Melbourne on 25 September 2018, conference papers are now available. See full post for links.

Third-party dispute finance for Asian corporates - In-House Congress in Singapore

IMF Bentham’s Clive Bowman and Tom Glasgow presented a workshop titled ‘Third Party Dispute Finance for corporates – The New Normal’ in Singapore on 19 September. The workshop was held during the 19th In-House Congress Singapore, part of the highly successful In-House Community Congress series, hosted by Pacific Business Press.

Expansion of IMF Bentham’s Asia team

IMF Bentham is delighted to welcome Arvindran Manoosegaran to our expanding global team as an Associate Investment Manager, based in our Singapore office.

Portfolio Financing Can Help A Boutique Firm Blossom

Launching a new firm requires a strong capital investment and understandably, few lawyers are willing to put their savings on the line to chase the dream.

Introducing the Legal Counsel role: an alternative path for litigators

A balanced life is the best life. Legal Counsel at Bentham enjoy the opportunity to hone their legal analysis and business skills in an environment conducive to work-life balance.

IMF Bentham Limited takes part in 2018 China Arbitration Week

IMF Bentham’s Tom Glasgow and Cheng-Yee Kong attended the 2018 China Arbitration Summit (2018 Summit) held in Beijing on 16 and 17 September.

IMF Bentham Limited presentation on third-party funding of cross-border disputes in China

IMF Bentham was delighted to be invited to present to leading Chinese law firm, Tiantong & Partners, and their clients at a seminar in Beijing on 18 September. The presentation, by IMF Bentham’s Tom Glasgow and Cheng-Yee Kong, was titled “Developments of Third Party Funding in the APAC Region and the World – The New Method of Financing Cross Border Disputes”.

Bentham IMF welcomes Paul S. Rand

Bentham IMF hires its seventh lawyer as demand for funding grows.

GST incorrectly charged on Canberra apartments - second class action filed by IMF Bentham Limited

IMF Bentham is funding a second class-action to recover GST paid by buyers of new residential units in certain developments in the ACT. The action has been commenced in the Federal Court in NSW against entities associated with the Morris Property Group and Doma Group in joint venture. The plaintiffs claim that GST was incorrectly charged on apartments in the “Governor Place” development, in Barton ACT.

Israeli Startups and Emerging Companies Have an Innovative New Way to Assert Legal Rights

Global litigation financing firm Bentham IMF and Kobre & Kim, a New York-based law firm are providing a solution to enforce important legal rights against large, multi-national corporations that have wronged them.

IMF Bentham to co-host National Class Actions Conference

IMF Bentham is delighted to be co-hosting a National Class Actions Conference with the University of New South Wales (UNSW) on Tuesday, 25 September. The Conference is to be held in Melbourne and will focus on current issues in Class Actions, including access to justice.

Milestone decision on third-party funding in Singapore

In a first for Singapore, the High Court has declared that a commercial third-party funding arrangement may proceed. On 11 September 2018, Justice Chua Lee Ming made a declaration permitting IMF Bentham to fund investigations and potential claims in the context of a major corporate collapse costing Singaporean retail investors hundreds of millions of dollars.

Cheng-Yee Khong and other international experts’ training session on international arbitration for elite Guangdong lawyers reaches over half a million viewers

IMF Bentham’s Cheng-Yee Khong participated in a 3-day training session on international arbitration for elite Guangdong lawyers held in Shenzhen from 28 to 30 August. Cheng-Yee spoke about costs of arbitration and third-party funding.

Curiouser and Curiouser! A Review of the NYCBA’s Ethics Opinion on Litigation Funding

Bentham IMF opines on the recent New York City Bar Association Ethics Committee opinion on litigation funding.

Tips for in-house lawyers: How to conduct litigation efficiently and cost-effectively

Recent research by the Association of Corporate Counsel in Australia found that dispute resolution work was the second most significant area of legal work performed by in-house counsel. However, many companies do not have a specialist litigator in their in-house legal team. The article therefore provides some tips for in-house lawyers who are not frequent litigators on how to manage disputes and conduct the litigation process more efficiently.

Beyond the Carve Out: Early Actions Creditors' Committee Counsel Can Take to Secure Funding for Claims Prosecution and Other Expenses

Carve-out disputes tend to be uphill battles for committees, yielding scarce resources for investigating and prosecuting claims. Enter litigation finance.

Is third-party funding of disputes available in India?

IMF Bentham’s Investment Manager (Asia), Tom Glasgow, will be one of the speakers at a webinar on 11 September titled: Third Party Funding in Disputes: Viable Option in India? The webinar will examine topics including the legal position in relation to third-party funding in India, global best practices, the possibility of early settlement in funded cases and the steps to secure a third-party funder.

Recent articles and podcast highlighting value of litigation funding for insolvency matters

As the interest in litigation funding continues to grow, insolvency practitioners in Canada and the U.S. are increasingly considering its value.

3 Reasons Litigation Finance Is Trending

In the ever-competitive legal industry, lawyers who learn about litigation finance gain an advantage.

Bentham IMF welcomes Pierre-Jérôme Bouchard to head new Montreal office

Bentham IMF welcomes Pierre-Jérôme Bouchard, to head new office - an expansion driven by widespread interest in litigation finance and favorable jurisprudence concerning funding.

Popularity of litigation funding for insolvent companies continues to grow

A recent article in the Law Times provides a timely update to the Canadian bar on the demonstrable benefits of litigation funding.

Litigation Finance Offers Solution for Rising Litigation Costs

Earlier this year, the Board of Trustees for the State Bar of California commissioned a comprehensive analysis of the current state of the legal services market, with a particular focus on new technologies and business models used in the delivery of legal services.

Teaming with a Litigation Funder to Maximize Trust Recoveries

Chapter 7 or post-confirmation trustees looking to maximize the value of their claims gain significant advantage when they partner with litigation funders.

Financement de litiges en Amérique du Sud

Litigation Funding in South America

There is growing interest in litigation funding for disputes in South America. Learn why below.

Bentham IMF Voted “Best Of” by Readers of The Recorder

The readers of The Recorder have selected Bentham IMF as the number one litigation funding provider and one of the top three law firm funding providers.

Private equity trend alert: the benefits of partnering with a funder

For emerging companies in innovation hotspots, enforcing legal rights against competitors or other wrongdoers has traditionally been viewed as an unduly expensive and time-consuming endeavor and a drain on investor value.

Tom Glasgow and Cheng-Yee Khong discuss Third-Party Funding in Asia with Asian-mena Counsel

The 2017 legislative changes in Singapore and Hong Kong permitting third-party funding in certain dispute resolution proceedings has led to funding opportunities for those involved in international arbitration matters and related proceedings. Tom Glasgow and Cheng-Yee Khong discuss this new environment in the latest issue of Asian-mena Counsel, a magazine for the in-house community featuring a special dispute resolution report.

A Comparison: Litigation Funders, ATE Insurers and the Class Proceedings Fund

Bentham is predominately involved in funding commercial cases. Class actions are not an immediate fit, because our funding typically covers some or all of the legal fees, and class action counsel often take matters on a contingency basis. However, from time to time, applications for class action funding cross our desks.

Defend Your Right to Privacy: Register for the IMF Bentham Facebook Class Action by July 31st

IMF Bentham, in conjunction with a leading law firm, is funding a complaint to the Australian Information Commissioner on behalf of Australian Facebook users in respect of the alleged breach. The case presents an opportunity to enforce citizens’ privacy rights and prevent the misuse of their personal data. To sign up for this class action, you can register here before July 31st.

Legal Innovators Podcast - Litigation Financing: Separating Fact From Fiction

Bentham IMF’s David Kerstein sheds light on how litigation finance companies work to dispel some of the myths and misconceptions about the industry, and give his take on the kinds of innovations going on in the industry overall.

Australia: More Class Actions Than Anywhere Else?

The claim that Australia is the most likely jurisdiction outside the US where a company will face class action litigation dates from at least 2006. Since then, it has become a common refrain from some quarters of the Australian legal and business community. Professor Vince Morabito of Monash University has recently published a report seeking to test this claim.

Is South America the Next Litigation Funding Hot Spot?

The litigation finance market in South America is heating up as we’ve seen an uptick in the number of litigants with cases in the region inquiring about funding opportunities.

Is Information Exchanged with a Litigation Funder Protected by Privilege?

We are often asked if information shared with a litigation funder is protected by privilege. This discussion sets out the case law and legal principles that likely protect documents, discussion and analysis exchanged with a funder.

Funding Commercial Claims: 5 Keys Facts for Litigators and In-House Counsel

In an article published today at Lawyerly.com.au, IMF Bentham's Kate Hurford sets out five key facts about litigation funding for litigators or in-house counsel handling commercial disputes who may be unsure about funding, and a brief summary of the funding process.

Using Litigation Finance to Help Boost Unsecured Creditors’ Recoveries

To learn about the benefits of litigation financing as a tool during the insolvency process, we spoke with Bentham’s Ken Epstein, who is responsible for leading the company’s investments in bankruptcy-related matters.

Renowned British Judge to speak at IMF Bentham event in Hong Kong

Sir Rupert Jackson, former Lord Justice of the Court of Appeal of England and Wales, will be guest speaker at an invitation-only twilight seminar hosted by IMF Bentham Limited on 20 September 2018, at the International Arbitration Centre in Hong Kong.

Victorian Law Reform Commission recommendations may simply encourage more competing class actions in Victoria

On 19 June 2018, the Victorian Law Reform Commission (VLRC) published its report on litigation funding and group proceedings. IMF Bentham Limited is concerned that some of the recommendations will merely result in more class actions being brought in the Victorian State Supreme Court and may encourage more competing class actions filed in different courts.

Decision Alert: Northern District of California Adds to the Growing Body of Law Rejecting Discovery Regarding Litigation Financing on Relevance Grounds

Another decision supports recent finding that litigants attempting to force disclosure of an opposing party’s litigation financing documents are “overwhelmingly unsuccessful.”

IMF Bentham guest speaker at STEP Asia Conference in Hong Kong

IMF Bentham’s Ms Cheng-Yee Khong will be a guest speaker at this year’s STEP Asia Conference, taking place at The Grand Hyatt Hotel, Hong Kong on 20-21 November 2018.

IMF Bentham proudly sponsors the 2018 National Conference of the Australian Bar Association and NSW Bar Association

On 16 November 2018, Clive Bowman will chair an informative panel session on Class Actions with leading members of the legal profession at the 2018 National Conference of the Australian Bar Association & NSW Bar Association, “rise2018 - relevant / resilient / respected”.

IMF Bentham is proud to support the Law Council of Australia's 6th International Arbitration Conference

This premier arbitration event will take place in Melbourne on 17 October 2018.

IMF Bentham sponsors Panel Discussion at CIE Chair's and CEO's Symposium

IMF Bentham is proud to sponsor an informative session at the Centre for Investment Education’s (CIE) Annual ‘Chairs & CEOs Symposium', taking place in Canberra, ACT on 16 August 2018.

Why is litigation funding so appealing to IP litigants?

Intellectual property is one of the most active areas for litigation funding. A recent survey in the U.S. by Law 360 found that 49% of counsel who had used a funder to finance their litigation did so in IP cases. What is it about litigation finance that appeals so much to IP litigants and their law firms?

Mandatory Disclosure of Funders Would Further Clog Overburdened Court Dockets

Supporters of efforts to force disclosure of litigation funding arrangements often fail to mention the massive strain such proposals would likely place on an already overburdened court system.

Study Finds Attempts to Force Disclosure of Litigation Funding Agreements “Overwhelmingly Unsuccessful”

A new study by Tennessee-based litigation funding broker Westfleet Advisors has found that litigants attempting to force disclosure of an opposing party’s litigation financing documents are overwhelmingly unsuccessful.

IMF Bentham sponsors Mauritius Arbitration Week

Cheng-Yee Khong, Associate Investment Manager – Hong Kong and member of the MARC Court, recently attended the first Mauritius Arbitration Week organised by the MCCI Arbitration & Mediation Center (MARC) in Port Louis.

IMF Bentham takes part in the Governance and Risk Management Forum 2018

Across Australia, IMF Bentham has participated in the Governance and Risk Management Forum 2018 panel discussions on insights into Directors & Officers insurance, changing market conditions, continuous disclosure, securities class actions and how the Australian D&O insurance market impacts the boardroom.

Bentham IMF Launches Litigation Funding Task Force Guide for Firms Managing Their Way to Profitability

Bentham IMF has launched a free guide law firms can use as they embark on the process of systemizing their approach to litigation finance.

Understanding the Strict Criteria Commercial Litigation Funders Use to Assess Investments

Securing financing for commercial litigation cases can be difficult. Litigation is unpredictable and one adverse ruling can scuttle an entire case.

Case Study: How Litigation Funding Increases Revenue, Preserves Capital and De-Risks Litigation

Litigation funding is gaining in popularity among plaintiffs, especially corporate litigants who could fund their own litigation but are looking at litigation funding as a form of project finance. This is because the business community and their legal advisors have begun to see litigation as a project or an asset class—one which they can unlock by using litigation funding.

Finding a Funder in Three Simple Steps

It can be a daunting task to decide to make the first call to a funder. We recommend following these three steps.

We're Honoured

This week, IMF Bentham’s US operations received top-tier recognition from Chambers and Partners, which selected us as one of only two “Band One” litigation funding companies in the United States.

Bentham IMF Wins Recognition as a Top Tier Litigation Funder

Chambers and Partners has selected Bentham IMF as one of only two “Band One” litigation funding companies in the United States. We are honored by the feedback that our clients and friends shared with the publication about their experiences working with us.

TMA’s Journal of Corporate Renewal: Funding the Post-Confirmation Trust When the Well Runs Dry

In an article featured in the April issue of the TMA’s Journal of Corporate Renewal, Bentham IMF's Ken Epstein explains how practitioners and bankruptcy courts are using litigation funding with increasing frequency to help boost creditor recoveries.

The Litigation Funding Transparency Act of 2018

Bentham IMF opines on The Litigation Funding Transparency Act of 2018, which would require disclosure of litigation funding arrangements in any federal class action and any federal claim that is aggregated into a federal multi-district litigation (MDL) proceeding.

Discussing Litigation Funding Can Help Lawyers to Meet their Duty of Care to Clients

Lawyers across Canada have taken note of Aird & Berlis v. Oravital Inc., a case in which Ontario’s highest court has provided guidance on lawyers’ duty to advise clients about litigation prospects and risks.

As the Funding Industry Evolves, Portfolio Financing Grows in Popularity

Litigation funding has evolved into a tool that funders also use to help law firms and companies finance portfolios of litigation, including occasional defense-side matters, to reduce risk and maximize potential recoveries.

Commercial litigation financing drives new demand for client value: an interview with Bentham’s CMO, Gretchen Lyn Koehler

Law firms are embracing litigation finance as a strategic client development tool. Learn more about why it appeals to firms and clients.

Familiarity Breeds Contentment for In-House Lawyers Who Use Funding

For in-house counsel, litigation funding is a powerful corporate finance tool—one that can help them transform legal claims into revenue-generating assets rather than anchors dragging down the bottom line.

Case Study: How a Hybrid Portfolio Can Help Firms Extend Discounts on Defense-Side Cases

Get creative with alternative fee arrangements by using litigation finance for hybrid portfolios of plaintiff and defense side matters. We explain in the final segment of our four-part Case Studies series.

Bentham IMF Welcomes Geoff Moysa

Bentham IMF hires another Investment Manager to help develop the fast-growing commercial litigation funding industry in Canada.

Case Study: How Law Firms Can Use Portfolio Financing to Broaden Fee Arrangement Options for Clients

We explore how funding enables law firms to offer their clients a broader array of fee arrangement options while also boosting firm revenues and profits and reducing the risks associated with traditional contingency arrangements.

ALRC announces preliminary ideas on the regulation of litigation funding and class action reform

At two class action conferences held in Melbourne and Sydney last week, ALRC chair Justice Sarah Derrington announced some of the Australian Law Reform Commission’s preliminary ideas. The formal submission stage will take place in June / July before the final report is submitted in December 2018.

ABI Podcast: Examining Issues Surrounding Commercial Litigation Finance in Bankruptcy

Bentham IMF's Ken Epstein, Investment Manager and Legal Counsel, went on American Bankruptcy Institute's podcast to discuss some of the effective ways litigation finance can be used in bankruptcy.

Case Study: How Litigation Funding Can Preserve Corporate Solvency During a Bet-the-Company Battle

In the second of our illustrative four-part series covering hypothetical litigation finance case studies, we explore how Bentham IMF helps companies pursue their meritorious claims—and preserve their solvency—by providing litigation funding and working capital to maintain operations during protracted legal battles

Murray Goulburn Investor Class Action – registration underway

IMF Bentham and Slater and Gordon have opened registrations for a class action against Murray Goulburn on behalf of Unitholders.

The experts weigh in on the competing class action landscape

What are competing class actions? How are the Courts managing them? What are the potential solutions? These were just some of the questions addressed by an expert panel chaired by IMF Bentham’s Clive Bowman.

Case Study: Generating Multi-Million Dollar Revenues with Litigation Funding

Familiarity with litigation funding has ramped up across the legal and corporate communities in recent years, with lawyers and executives becoming comfortable with abstract concepts of how funding works.

Even well-resourced businesses need innovation to combat high litigation spend - IMF Bentham guest speakers at Minter Ellison’s CPD week 2018

Investment Managers at IMF Bentham are required to wear many different hats – investigators, financiers, project managers – but it is not often we are asked to display our acting skills.

Decision Alert: Third Circuit Affirms Lower Court’s Rejection of Champerty and Usury Defenses

As litigation funding rises to the mainstream, the body of case law signaling judicial acceptance of non-recourse litigation finance continues to grow.

CCAA Court Approves Bentham's Litigation Funding Agreement / La Cour LACC Approuve le Financement du Litige de Bentham

The Quebec Superior Court has approved the litigation funding agreement in Bentham's first insolvency case in Canada.

IMF Bentham was well represented at this year's highly successful IPBA Conference in Manila

IMF Bentham was well represented at this year’s highly successful Inter-Pacific Bar Association Conference in Manila (14-16 March). The event brought together over 1000 lawyers from the Asia-Pacific region and beyond to discuss latest trends and innovations.

Dispute Resolution Finance in South Korea

Like many of the Asian jurisdictions in which we operate, parties in South Korea are beginning to turn their minds to dispute resolution finance. Korean businesses and law firms are increasingly involved in complex, high-value international transactions and projects. Related disputes can be equally complex, costly and high-risk, often involving international arbitration. The advent of third-party funding in Asia is appealing to those Korean parties seeking to manage costs, risks and legal budgets.

Litigation funding for insurers

IMF Bentham’s Investment Manager, Gavin Beardsell explains how litigation funding can assist insurers to recover their losses by way of subrogated claims.

MagCorp bankruptcy trustee’s counsel gives insight on the use of litigation finance in the bankruptcy sphere

We sat down with Nicholas Kajon to get his take on how the bankruptcy bar has reacted to the use of litigation finance since MagCorp and whether funding should be integrated by lawyers into their practice.

New York Law Journal: Litigation Funding - An Essential Tool for Maximizing the Value of the Debtor’s Estate

Kenneth Epstein, Investment Manager and Legal Counsel at Bentham IMF, and Eric B. Fisher, Partner at Binder & Schwartz, analyze and explain the benefits of utilizing commercial litigation finance in corporate bankruptcy cases in an article published by the New York Law Journal.

IMF Bentham and King & Spalding host third-party funding seminar in Manila

Over 60 legal practitioners, academics and students studying dispute resolution gathered for the first ever seminar on third-party funding in Manila on 13 March co-hosted by IMF Bentham and King & Spalding.

One Short Page, Six Clear Answers: Frequently Asked Questions About Litigation Funding

While litigation funding is frequently used by clients and counsel in many common law jurisdictions across the globe, it is still relatively new in Canada.

Bentham Canada Across the Press Spectrum: Mainstream, Legal and Litigation Funding

Preparing future generations of arbitration specialists at the 'Generations in Arbitration' Conference, Hong Kong

Arbitration is increasingly popular amongst the international business community as a means of resolving cross-border commercial disputes - so how do we prepare future generations of lawyers to meet the demand for skilled legal representation?

IMF Bentham funds its first international commercial arbitration in Singapore

IMF Bentham Limited has agreed to finance its first international commercial arbitration in Singapore. It is one of the first known examples of funded international arbitration in Singapore since the city-state passed new laws facilitating the use of third-party funding last year.

Decision Alert: Pennsylvania Federal Court Adds to the Growing Body of Law Extending Work Product Protection to Funder Communications

A Pennsylvania federal court confirms what a majority of courts have already held – that funder communications are protected by the work product doctrine.

IMF Bentham will welcome Lord Justice Sir Rupert Jackson to Melbourne Class Actions Conference on 25 September

Lord Justice Sir Rupert Jackson of the Court of Appeal of England and Wales will be guest speaker at an invitation-only Class Actions Conference hosted by IMF Bentham and The University of NSW on 25 September 2018 in Melbourne.

Corrs Chambers Westgarth Symposium on Class Actions and Litigation Funding in Western Australia

IMF was delighted to participate in a symposium on 1 March 2018 to discuss class actions in Western Australia and third-party litigation funding. The symposium was organised by leading independent Australian law firm, Corrs Chambers Westgarth.

Andrew Saker is profiled in The CEO Magazine

Andrew Saker, IMF Bentham CEO and Managing Director, recently sat down with The CEO Magazine’s Adrian Flores to discuss IMF Bentham’s business strategy and what it takes to lead Australia’s largest litigation funder.

2018 PIAC Social Justice Dinner

IMF Bentham was delighted to host a table at this year’s Social Justice Dinner convened by PIAC (Public Interest Advocacy Centre). The dinner took place on 1 March 2018 at Doltone House, Sydney and featured guest speaker Professor Megan Davis.

Turn your legal department into a source of revenue with funding

Litigation finance is a tool that can help in-house counsel transform their corporate legal departments from cost to profit centers.

Litigation Funding in Quebec / Financement de litiges au Québec

Exciting developments for litigation funding in Quebec.

Class-Action Reaction - Clive Bowman on expert panel at Investment Operations Conference 2018

81% of Fund Managers feel obliged to participate in class actions and over half have a defined protocol in place for class actions, according to audience polling at a recent Investment Operations Conference.

Law360: The Art Of The Litigation Funding Deal

In an article that was published in Law360, Julia Gewolb, legal counsel at Bentham IMF, outlines key questions on the economics of single-case funding that all claimants should carefully consider when comparing funding terms.

Decision Alert: PA Court Deems Fee-Splitting Rule "Not Absolute"

ABA Model Rule 5.4 prohibits lawyers from sharing legal fees with non-lawyers except under limited circumstances like including non-lawyer employees in compensation or retirement plans.

Podcast: Bentham’s CIO Discusses Its Latest Developments and Those Being Made in the Broader Litigation Funding Industry

What does litigation finance and ‘tall poppy syndrome’ have in common? Listen to this podcast to find out!

Trend Alert: Litigation Finance to Help PE Firms Maintain Deal Flow Despite Decreased Capital Inflows from Traditional Sources

Litigation funders could be the new co-investors of choice for PE firms.

Why Law Firms Choose Litigation Finance Over Loans

Litigation financing can provide distinct advantages for law firms looking to grow their practice without taking on the risk and expense of a loan from a bank.

Bentham IMF Set to Offer Commercial Litigation Funding in Quebec with Hire of Veteran Litigator George R. Hendy

Experienced litigator George R. Hendy, Ad.E. – formerly with Osler, Hoskin & Harcourt LLP – joins as Senior Advisor-Quebec to lead Bentham IMF’s entry into Quebec.

Innovation or business as usual?

Bentham loves being part of the legal innovation conversation and watching the exciting developments in this space unfold.

IMF Bentham substantially de-risks balance sheet and upsizes fund in progressive capital play

Sale of the majority of its US investment portfolio to its US Fund enables company to retain substantial upside exposure to the cases while substantially de-risking its balance sheet.

Breaking Down Barriers to Commercial Litigation Finance in the Cayman Islands

Public policy cited as the basis of a Grand Court decision permitting the use of litigation funding in Grand Cayman.

Reflections and Projections

Bentham Canada has had an amazing 12 months. Chief Investment Officer, Tania Sulan looks back on this whirlwind second year, and to mark the start of her third year in Canada, she shares three reflections and three projections.

Consumer vs. Commercial Litigation Funding: How They Are Different and Why It Matters from a Regulatory Perspective

Mixing up the two types of litigation financing creates the risk of regulating in the interest of protecting consumers while limiting solutions that level the playing field for commercial enterprises.

2018 Litigation Forecast: Class Action Lawsuits are Caught in the Crosshairs of Justice

The year ahead for those who rely upon the class action process to access the justice system may be a rocky one.

Advancing a Claim when a company is in CCAA

Two recent Ontario decisions address when and how a Monitor can advance an oppression claim under the Companies Creditors’ Arrangement Act (CCAA).

IMF Bentham welcomes new appointment in Hong Kong

IMF Bentham is delighted to welcome Ms Cheng Yee Khong as Associate Investment Manager (Asia), based in Hong Kong.

IMF Bentham chairs University of NSW panel on Competing Class Actions

IMF Bentham will join UNSW to examine key issues around Class Actions at an upcoming CLE seminar in March. Tickets are now available.

California Courts Gave Commercial Litigation Funding the Seal of Approval Over 25 Years Ago

The proliferation of litigation funding in recent years has caused some to question whether it should be allowed. However, the reality is that California courts settled that question more than 25 years ago.

2017 Litigation Funding Year in Review

Lexology article authored by Bentham IMF’s John Harabedian discusses notable legal decisions impacting litigation funding in 2017.

2018 Litigation Forecast: Will SCOTUS Transform Patent Review?

As the new year dawns, SCOTUS ponders the administrative review process for patents at the U.S. Patent and Trademark Office.

Are You Being Proactive or Reactive to Your Client's Needs?

In a profession that is notorious for being resistant to change, this survey is a yearly reminder of what in-house counsel deem important as well as a guide of how to tweak your approach to meet client needs.

Friday Funding Series: Be the Best Counselor You Can Be by Giving Your Clients More Financing Options

If you’re not presenting this financing option to your clients, are you really being the best counselor you can be?

Investors Take Notice of Litigation Funders’ Expertise and Successes, Driving Interest in the Asset Class

As the Wall Street Journal reported, established funders have substantial capital, and a number of new investors and funding companies have been entering the market.

Litigation Funding under Inquiry

IMF Bentham will seek to assist the Australian Law Reform Commission inquiry into third-party funding and class action proceedings.

Friday Funding Series: Litigation Funding as a Corporate Finance Tool

Do you have all the necessary tools to stay competitive in today’s legal market? Read more to find out.

2017 Roundtable: Bentham hosts top Canadian litigators to discuss how far litigation funding has come, and where it might go next

Long before opening in Canada, Bentham engaged with the Canadian legal community to understand the needs of litigants and law firms, and how litigation funding could best satisfy those needs.

Ethical Litigation Funding in Texas

As the largest commercial litigation funding company in Texas, Bentham IMF is often asked by attorneys in the Lone Star State about specific ethics issues and their relation to funding.

Litigators Point to Litigation Finance as a Useful and Important Option for Clients

Stevens & Lee P.C. attorneys Eric Robinson and Daniel Huyett urge litigators to discuss litigation finance in an article published by Law360 today, describing it as “a subject that litigators ignore at the risk of a client relationship.”

Finding Funding in Three Simple Steps

The topic of litigation funding has graced the front pages of America’s legal journals and publications since its arrival in the U.S. marketplace.

Friday Funding Series: Why the Demand for Litigation Funding Has Increased

What’s driving increased demand for litigation funding? Jim Batson explains in part 4 of our Friday Funding Series.

Litigation Wary or Litigation Weary? Funding Can Help With Both.

Litigation funding can be a valuable tool in discussions with clients, both when exploring a legal claim and as an action progresses.

Litigation Funders: Champions or Champertous?

How is litigation funding possible in states with active champerty statutes? We explain how it works in NY.

Friday Funding Series: Portfolio Funding for Law Firms

How can law firms smooth cash flow while handling multiple cases on contingency? Jim Batson explains in segment 3 of Bentham’s Friday Funding Series.

Companies Engaging a Wider Variety of Lawyers and Law Firms to Handle their Disputes, Survey Reveals

Norton Rose recently published the results of its 2017 litigation trends annual survey, which highlighted several trends that underscore the importance of managing disputes economically.

How to get your case financed: basic investment criteria

IMF Bentham Investment Manager for Asia, Tom Glasgow, has outlined the basic investment criteria we use when considering a case for funding.

How insolvency and restructuring professionals can use litigation funding to investigate and monetize litigation assets

In the World Bank’s recent Resolving Insolvency report, Canada ranked 11th worldwide for the recovery rate by secured creditors through reorganization, liquidation or debt enforcement.

How to ensure you do not miss out on a class action settlement

Are you a shareholder or investor in a company whose management has engaged in misleading conduct? IMF Bentham Investment Manager, Ewen McNee, explains how participating in a class action can help you recover your losses.

Cost of Litigation Finance Unlikely to Shift as Litigation Funding Industry Expands

A rising demand for litigation funding from law firms and litigants, coupled with a surge in outside investment into the industry, has fueled the rapid expansion of the U.S. litigation finance market.

Friday Funding Series: Leveraging Litigation to Obtain Working Capital

In part 2 of our Friday Funding series, New York Investment Manager Jim Batson explains how law firms and claimants can benefit from utilizing litigation funding for working capital.

Beyond Single Cases: Litigation Funding for Law Firms

This week, Bentham Canada received its 200th request for litigation funding. The vast majority of our inquiries have been for single cases, but there is a growing interest in portfolio funding

Disclosure of Funding in Class Actions Makes Sense

Earlier this year, the influential U.S. District Court for the Northern District of California grappled with whether civil litigants should be forced to disclose litigation funding in any case.

Directors' duties and climate change risk

IMF Bentham's Laura Maytom, explains key elements of an opinion published by the Centre for Policy Development, on the obligations of company directors to disclose climate change risks.

Friday Funding Series: How Litigation Funding Provides Access to Justice

In the first of this 6-part video series by Lawline, Bentham IMF’s Jim Batson participates on a panel discussion with Professor Brad Wendel of Cornell Law School and Evan Fried, a Principal at Greybridge Capital LLC.

Five Ways Senior Associates Can Use Litigation Funding for Profile Building and Client Service

Litigation funding is quickly emerging as an indispensable tool in every lawyer’s toolkit. Yet, as a former senior Bay Street associate, I know that many people you work with may still be unfamiliar with litigation funding.

Making Rational Financial Choices in Litigation

Litigation funding can provide claimants and their lawyers with the resources necessary to avoid making adverse decisions that can reduce the value of their claims and prematurely end meritorious cases.

Third party litigation funding and contingency fees

IMF Bentham has made a submission to the Victorian Law Reform Commission's Inquiry into litigation funding and class actions. IMF's response addresses the issues raised on regulation of funders and contingency fees.

Aon – Advanced Risk Conference 2017 “A New World Disorder”

IMF Bentham’s General Counsel Jeremy Sambrook discussed the impact of litigation funding on Directors’ and Officers’ (D&O) insurance at the AON Advanced Risk Conference 2017 in Melbourne.

IBA Conference 2017 – panel debate on third-party funding

On 10 October, IMF Bentham’s Oliver Gayner discussed trends in third-party funding alongside the President of the NSW Court of Appeal, as part of a panel at the International Bar Association's Annual Conference in Sydney.

The Modern Evolution of Litigation Funding

During the last 16 years, Bentham IMF has been involved in the growth of third-party litigation funding in commercial litigation hot spots around the globe.

Contamination - Four Corners

ABC's Four Corners aired an investigation into "one of the biggest environmental scandals in Australian history" on Monday 9 October. The investigation highlights the extent of the chemical contamination problems at Oakey, Williamtown and Katherine.

IMF Bentham addresses ICC FraudNet Conference

IMF Bentham’s Clive Bowman Wayne Attrill and Oliver Gayner presented to the ICC FraudNet Conference in Sydney on Saturday 7 October 2017.

Bentham’s Support for Whistleblowers Can Help Expose Government Waste and Fraud

Blowing the whistle on fraudulent conduct doesn’t have to mean sacrificing your financial security. Learn how Bentham IMF’s non-recourse financing can help.

Law Firm Partners as Asset Managers? How Applying Asset Management Tactics Can Improve Your Legal Practice

An asset management approach to litigation allows law firm partners to spend less time worrying about how to cover legal expenses and more time doing what they do best: being lawyers.

IMF Bentham launches $150m investment vehicles for future cases in Asia

IMF Bentham is pleased to announce two further funding vehicles for future cases and investments in Asia and abroad.

IMF Bentham launches $150 million investment vehicles

IMF Bentham has announced the launch of two further investment vehicles, worth a combined A$150 million, to fund future cases and investments in Australia, Asia, Canada and Europe.

What your small - medium-sized business needs to know about litigation funding

If you are an SME facing a well-resourced defendant, third party litigation funding can level the playing field and bring significant value to you.

The Benefits of Using Litigation Funding Over Litigation Insurance

Litigation funding and litigation insurance are sometimes compared as ways to help litigants reduce their risk when bringing contingency fee-based claims.

Bentham Urges Rules Committee to Reject Chamber’s Proposed New Requirement For Federal Cases

The U.S. Chamber again seeks to amend the FRCP to allow for automatic disclosure of litigation funding agreements. In our response, we explain why their request should be denied by the Rules Committee.

Litigation Funding and the Psychology of the Billable Hour

Litigation funding can provide lawyers and law firms with an effective alternative to one of the thorniest business challenges they may face — the billable hour.

Creating New Law: A Trilogy of Litigation Funding Cases

In recent weeks, the Federal Court of Canada and the Ontario Superior Court have given valuable guidance on litigation funding arrangements in Canada

Covering The Cost of Lateral Hires With Litigation Funding

Law firm portfolio funding is distinct from litigation funding for an individual claim. With portfolio funding, a law firm has a number of contingency fee or partial contingency fee cases.

How Litigation Funding Fills the Gaps Where AFAs Fall Short

Sometimes there is a “tradeoff” to entering an alternative fee arrangements. And sometimes that tradeoff results in a failure to maximize the value of the litigation claims.

Why Big Law Litigators Are Making the Move to the Litigation Finance Industry

One of the key benefits for those who seek funding from Bentham IMF is the experience offered by its team of highly skilled litigation experts.

Five things to know about litigation funding

Litigation is inevitable, and when it happens, a prospective plaintiff needs to consider whether litigation funding will form part of their litigation strategy. Whether you’re a lawyer in private practice, in-house counsel, or corporate decision maker, a knowledge of litigation funding will put you in the best position to advise your client, the board, or the C-suite. Alexandra McVay, Associate Investment Manager with litigation funder IMF Bentham Limited details 5 key things you need to know when considering litigation funding.

How to Get Your Case Financed: Closing and Monitoring a Litigation Finance Transaction

In our final installment, we will review key terms to take into consideration when faced with the all-important funding agreement.

Let’s Talk: Conversations About Litigation Funding

In a recent podcast, the team at Building New Law interviewed Casey Flaherty about his new book Unless You Ask. The book encourages law firms and clients to have conversations to improve their working relationships.

How to Get Your Case Financed: Presenting a Matter for Funding

Our third installment of this four-part blog series on how to get a case funded will focus on the do-or-die moment for an investment: the diligence process.

Funders Offer Claimants Benefits Beyond Financing

The benefits of working with Bentham include less obvious advantages that improve a claimant’s chances for litigation success.

How to Get Your Case Financed: Getting to the Term Sheet

Seeking litigation finance for your company or client? Here’s what you need to know before signing a term sheet.

What factors will a litigation funder consider in making its decision?

In determining whether to fund a case, professional litigation funders put each potential investment through rigorous due diligence, which typically takes 30 to 45 days.

How to Get Your Case Financed: Choosing a Funder and the Importance of the NDA

In the first of this four-part series, find out what to look for in partnering with a litigation financier and why entering into an NDA is of utmost importance.

Can I share confidential and privileged documents with a litigation funder?

Ever wondered what type of information you can share with a litigation funder? IMF Associate Investment Manager, Kate Hurford, explains a funder's responsibilities when dealing with confidential documents.

Patents: Public or Private Property?

A pending decision from SCOTUS on the constitutionality of inter partes review could change the patent litigation landscape. With the underlying nature of IP at the heart of the case, here’s what you need to know.

The UK Code of Conduct for Alternative Litigation Financing

Alternative litigation financing is regulated in the UK and Wales through the Code of Conduct of the Association of Litigation Funders of England and Wales. In the US, the commercial financing industry is newer and so far, the commercial litigation funders have not yet established a formal association. Bentham suggests that guiding principles would help assure claimholders, lawyers, and the courts of the solidarity and moral compass of a U.S. association of commercial litigation funders.

Could Litigation Finance Help Save the Oil & Gas Industry?

Bentham’s investment can assist oil and gas industry companies that are considering or have filed for bankruptcy.

Bentham Hires from Top Canadian Firm to Keep Up with the Demand for Commercial Litigation Funding

Bentham IMF has once again recruited talent from a top Canadian firm to keep pace with the high volume of funding inquiries it has received since January 2016, when it became the first global commercial litigation finance firm to enter the Canadian market.

Using Litigation Funding as a Strategic Finance Tool

Litigation funding can provide a highly effective way to increase revenue without compromising the bottom line at law firms and corporations.

The Mastercard judgment – a bumpy start for class actions in the UK?

A £14 billion class action against MasterCard in the UK's Competition Appeal Tribunal has been stopped in its tracks, following its failure to be certified as a 'collective proceeding'. IMF Bentham Investment Manager, Oliver Gayner, explains more about the recent decision and what it means for the new UK class action regime.

How a Smaller Company Can Right Wrongs Using Litigation Funding

Learn more about the ways smaller companies and their counsel use litigation funding to their advantage.

Funders Offer Claimants Benefits Beyond Financing

Financial support is the benefit most often sought by claimants who use third party litigation funding to pursue meritorious commercial litigation claims. The benefits of working with Bentham, however, also include additional advantages that can improve a claimant’s chances for litigation success.

Decision Alert: NDIL Says Work Product Doctrine Covers Disclosures to Litigation Finance Firms - Again

Once again, the work product doctrine has been affirmed as a shield against the production of documents shared with litigation finance firms.

Launching a Litigation Boutique Firm with Portfolio Funding

For those looking to launch a litigation boutique firm, a primary concern is how to cover initial overhead expenses without personally acquiring mountains of debt. Here’s how portfolio funding can help.

Lord Neuberger on Access to Justice

Lord David Neuberger is no ordinary judge. As President of the UK Supreme Court, he has been campaigning to promote access to justice for many years.

Five Things Law Firm Management Committees Should Know About Litigation Finance

Learn more about the ways that litigation finance can help management committees create value for their firms and clients

The future of Class Action litigation and issues that impact finality

IMF Bentham bought together a panel of class action experts to provide their insight on the current issues in finalising class action litigation. Here’s what they had to say.

Using Litigation Funding in Assignments for the Benefit of Creditors

ABCs are an increasingly common choice for insolvent companies looking to liquidate assets without going through the traditional Chapter 7 or 11 bankruptcy process.

Achieving fair and efficient Class Action Settlements

Maurice Blackburn Principal, Rebecca Gilsenan, and UNSW Law Associate Professor, Michael Legg, recently presented a detailed report on class action settlement distribution schemes. The research was presented as part of the IMF Bentham Class Actions Research Initiative conference.

Debtwire Discusses Financing Litigation in the Distressed Space with Bentham IMF and Morgan Lewis

In this Debtwire podcast, Bentham IMF’s Dave Kerstein, along with Morgan Lewis’ Ed Smith and James Moore, discuss financing litigation in the distressed space.

Do courts have the power to adjust litigation funders' returns?

A recent IMF Bentham and UNSW Class Action Conference examined 'hot topics' in class action litigation, including whether the courts have the power to adjust litigation funders’ contractual commission rates. IMF Bentham Senior Investment Manager, Wayne Attrill, summarises the points raised by Justice Michael Lee on this important topic.

Document Requirements for Litigation Funding

Information a Litigation Funder will look at when assessing a potential claim for funding.

Disrupting Bully Behavior in Niche Industries with Litigation Finance

Most startups facing bet-the-company IP litigation will need experienced counsel and resources to survive.

Hong Kong joins Singapore as Asia continues to embrace litigation finance

On Wednesday, 14 June 2017, Hong Kong’s Legislative Council passed long-awaited legislation expressly permitting third-party funding for arbitration, mediation and related court proceedings in Hong Kong.

The Supreme Court Upends 27 years of Forum Selection for Patent Holders

What a difference a phrase makes. How the removal of "under this chapter" by Congress in its 2011 amendments to 28 U.S.C. section 1391 caused SCOTUS to limit a patent holder’s choice of venue to the defendants’ place of incorporation in TC Heartland LLC v. Kraft Foods Group Brands LLC.

Trade Secret Theft: How Litigation Finance Can Save Companies on the Brink of Losing It All

Bentham IMF frequently receives litigation funding inquiries from companies of all sizes facing potentially enterprise-endangering trade secret theft.

Asia Disputes Lawyers: Are you pitching litigation finance options to your clients? You should be.

IMF Bentham's Investment Manager for Asia, Tom Glasgow, discusses the reasons why you should be pitching litigation finance options to your clients.

The Wall Street Journal and The American Lawyer Seek Bentham IMF’s Reaction to U.S. Chamber of Commerce Push for Mandatory Disclosure of Litigation Funders

Three years after its rejection by the Committee on Rules of Practice and Procedure, the U.S. Chamber of Commerce renews its attempt to stifle litigation finance through a broad automatic disclosure rule.

Senior Associates: 4 Ways Litigation Funding Can Build your Profile

Here's how Senior Associates can use litigation finance to develop new client relationships and build their book of business.

Enforcing Judgments and Recovering Assets with Litigation Finance

Litigation funders are increasingly helping litigants with one of the most challenging issues they face: collecting on a judgment.

Why Would a Well-Resourced Client Use Litigation Funding?

Last week, Bentham IMF enjoyed meeting the legal community in Halifax and attended the Advocates’ Society Atlantic Spring Symposium.

Oil & Gas Industry Alert: How Litigation Funding Can Aid in the Industry’s Recovery

Litigation funding can provide distinct advantages for oil and gas companies that are seeking ways to generate or preserve capital as they emerge from an industry-wide downturn.

Senior Associates: 4 ways litigation funding can help build your profile

Having made the transition from lawyer to litigation funder, IMF Associate Investment Manager, Laura Maytom, provides her top tips to Senior Associates on how litigation funding can help both their clients and career.

Key Truths Insurers Need to Know About Litigation Finance - as Reported by the ABA/BNA

At the 16th Annual Legal Malpractice and Risk Management Conference, New York Investment Manager Jim Batson participated on a panel discussion that addressed some of the key truths insurers need to understand about litigation finance. Read on for some of the highlights of the topics discussed.

Where litigation is funded, who decides whether a settlement offer should be accepted?

Professional litigation funders do not seek to exercise control over the day-to-day litigation decisions

Whistleblowers Can Look to Litigation Finance for Support when Choosing to Stand their Ground

Bentham IMF’s whistleblower program can provide funding to cover all or a portion of a whistleblower’s living and business expenses while the litigation is pending.

Third Party Funding Opportunities in Singapore

IMF Bentham recently announced plans for an office in Singapore, following regulatory changes encouraging third-party funding in the region. Asian Legal Business spoke with IMF about the evolving third-party funding market in Singapore.

Litigation Finance Proves Valuable Tool for Private Equity Acquisitions and Divestments

Funders like Bentham IMF are experts in determining the value of a company’s litigation assets.

The Advocates’ Society Talks Litigation Funding

Yesterday the Advocates' Society held its 16th Annual Spring Symposium in Toronto, co-hosted with the American College of Trial Lawyers.

Allison Chock Appointed to Board of Directors for Public Counsel

Bentham IMF congratulates its U.S. Chief Investment Officer, Allison Chock, on her recent appointment to the board of directors for Public Counsel, the largest pro bono law firm in the nation.

Bentham IMF Names Allison Chock as Chief Investment Officer, Setting Stage for Further Growth and Development in the U.S.

Bentham IMF announced today that Allison Chock has been named as the new Chief Investment Officer for the company. Allison steps into the role after serving for almost four years as an Investment Manager and head of Bentham’s Los Angeles office.

The Benefits of Using Litigation Funding in Trust and Estate Litigation

The ability to pursue trust and estate litigation depends largely on liquidity: Do the clients have the liquid assets on hand to pursue worthy claims?

Proposed Income Tax on WIP? How Working with a Litigation Funder Might Help

In its recent budget, the federal government proposed the elimination of billed-basis accounting (BBA) for designated professionals.

Bentham Passes Test on Ethics Concerns Raised by Attorney Malpractice Insurers

Bentham offers insurers peace of mind that its litigation funding practices do not expose insured attorneys to enhanced malpractice risk.

Developments in Common Fund Orders since QBE

In recent weeks the Federal Court granted a ‘common fund order’ during settlement approval of the Blairgowrie v Allco shareholder class action. IMF Bentham Investment Manager, Ewen McNee, discusses this recent development and the role courts play in settlement approval.

IMF launches Shareholder Class Action Portal "My IMF"

IMF Bentham has launched a new client portal, My IMF, to provide an enhanced experience for its shareholder claim clients. Find out how IMF clients can access information about their past and present claims all in the one place.

U.S. Supreme Court Decision to End Laches Defense Could Drive Increase in Patent Case Filings

Eric Chenoweth, Houston Investment Manager and Legal Counsel, opines on the recent U.S Supreme Court decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC.

The Innovation Budget: Where Does Law Fit In?

Last week’s federal budget was touted as the “innovation budget”, and included commitments for clean technology, digital industries and health/bio-sciences. The budget also renewed discussion about where innovation plays a role in the practice of law.

Bentham Can Provide Working Capital

Part two of this esteemed panel discussion describes how law firms and claimants can benefit from utilizing litigation funding for working capital.

IMF Bentham expands operations into Asia-Pacific

IMF Bentham is expanding its operations into the Asia-Pacific region with the launch of a new office in Singapore and the hire of Tom Glasgow as Investment Manager (Asia).

How Litigation Funding Provides Access to Justice

This esteemed panel discusses various issues and topics that often arise when contemplating the subject and use of litigation funding.

Litigation Funding Alert: Minnesota Stands Firm on Anti-Champerty Laws

Minnesota, recently doubled down on its funding prohibition when it rejected an attempt to circumvent the state’s common-law rule against champerty through contract.

California Court Gets Automatic Funding Disclosure Right

For an in-depth discussion of the Northern District of California's recent modification of its global standing order requiring disclosure of litigation funders in class actions, check out Matt Harrison and Priya Pai's op-ed, published in Law 360.

Insolvency professionals - why take the risk? Some reasons why you should consider litigation funding for litigated recoveries

Insolvency professionals have obligations to do all they reasonably can to increase the assets available for distribution to creditors and as IMF Bentham Senior Investment Manager, Susanna Khouri, explains, there are a number of solutions to assist practitioners to manage the financial risks of litigation.

The UK Ministry of Justice Finds No Need for Statutory Regulation of Litigation Funding

The UK recently determined there was no need to introduce statutory regulations on litigation funders as it found its current voluntary system was sufficient. Similarly, the U.S. Dist. Ct. for the Northern District of California considered revising LR 3-15 to require automatic disclosure of funders, but instead, streamlined disclosure to proposed class action lawsuits only.

Litigation Funding in Oil Country

This week Bentham IMF announced the opening of its tenth office, in Houston, Texas. Houston is one of the busiest litigation centres in the U.S., and benefits from Texans’ entrepreneurial approach to business.

Show me the ... documents

IMF Bentham Investment Manager, Nathan Landis, details the information a Litigation Funder will look at when assessing a potential claim for funding.

Bentham Announces Expansion to Houston with Hire of Top Local Talent

Bentham IMF taps Eric Chenoweth, longtime litigation partner of top-ten trial boutique Yetter Coleman to head new office; Company sees substantial commercial funding opportunities across Texas’ vibrant litigation market.

How Well-Capitalized Companies Use Litigation Funding

Over the last several years, Bentham IMF has found that companies are increasingly interested in exploring litigation funding to help manage their legal spend and the risk associated with litigation.

IMF Bentham launches US$200 million funding vehicle

On 13 February 2017 IMF announced one of the most significant deals for the company, with the launch of a US$200 million litigation investment funding vehicle (“the Fund”).

How Companies Use Litigation Funding to Reduce their Legal Spend

Funding can bridge the gap with a hybrid approach that helps a company reduce its litigation outlay while allowing a firm to take a more measured risk.

Boosting Litigation Trust Recoveries with Litigation Finance

Partnering with a funder can also provide a litigation trust with greater confidence about the viability of its claims.

SIAC’s new Investment Arbitration Rules – another step forward for funding in Asia

On 1 January 2017, the Singapore International Arbitration Centre (SIAC) introduced the first edition of its Investment Arbitration Rules. Amongst the innovations, the Rules recognise that Third Party Funding (TPF) arrangements exist and confirm that Tribunals have the power to obtain information concerning such arrangements. In this post, Susanna Khouri, Oliver Gayner and Nathan Landis of IMF Bentham share their perspectives on the developments.

Benefits of sharing your business litigation risk with a funder

The benefits of using a litigation funder's money, and not your own, to pursue a meritorious claim.

Integrating Litigation Funding into Your Next Client Pitch

In recent years, the legal industry has seen a dramatic increase in demand for alternative fee arrangements (AFAs).

Reflections on Bentham's First Year in Canada

Whilst 2016 was a somewhat discombobulating year across the globe, it was also a year of new beginnings, terrific opportunity and achievement.

Bentham IMF Investment Committee Member Vaughn Walker Takes on Industry Critics and Advocates for the Benefits of Litigation Finance

Vaughn Walker, retired Chief Judge of the U.S. District Court for the Northern District of California and a member of Bentham’s Investment Committee, sat with ALM’s Ben Hancock for a podcast interview where he took industry critics to task as well as discussed the benefits of litigation finance.

Industry Update: Litigation Funding Spreads to Singapore

Bentham IMF Legal Counsel Julia Gewolb discusses the Singapore Parliament’s recent passage of legislation allowing the use of litigation finance in international arbitration cases.

Litigation Finance in Asia: “bring in the new, but build on the old”

On 10 January 2017, the Civil Law (Amendment) Bill (38/2016) passed its second reading before the Parliament of Singapore. The Bill abolishes the torts of maintenance and champerty, and for the first time makes it expressly lawful for a third party to fund dispute resolution proceedings in Singapore.

Litigation Funding in 2017: Expected Trends From Below the 49th Parallel

In the United States, the litigation finance industry is more mature than in Canada; American law firms and clients often use funding to pursue meritorious commercial litigation. At the same time, the U.S. market is evolving quickly. In just five years since Bentham opened its first U.S. office, it represents approximately 50% of our cases worldwide.

The Importance of Focusing on the Client

Bentham IMF’s New York Investment Managers and Legal Counsel, Dave Kerstein and Jim Batson explain how Bentham structures its financing deals to enable risk sharing while delivering simplicity, fairness, and transparency.

Keeping your shareholders happy

The benefits to businesses, big and small, of taking the risk of litigation off balance sheet to free up capital for use elsewhere.

The Future of Whistleblower Enforcement Activity Under the Trump Administration

Supporting whistleblowers and their lawyers in cases exposing fraud committed against the government is a priority for Bentham IMF.

Six Key Commercial Litigation Finance Trends for 2017

Law360 published an expert analysis column written by Bentham IMF’s Chief Investment Officer, Ralph J. Sutton, which sets forth several predictions about major commercial litigation funding trends to watch in the new year.

How Litigation Finance Compares to Earlier Third-Party Interventions in the U.S. Legal System

Every century or so, the legal industry evolves to help parties deal with the ever-increasing costs of litigation.

Year in Review: 2016 Cases Will Not Hinder Litigation Funding

Law.com published an article written by Bentham IMF Legal Counsel, John Harabedian, regarding the assortment of notable legal decisions relating to litigation funding that were handed down in 2016.

AFAs on the Rise: A Proactive Approach Dramatically Increases Law Firm Profitability, Survey Reveals

A jaw-dropping 59% of firms reported that “non-hourly” fee projects were as profitable or more profitable than standard hourly billing.

How to Propose a Case for Funding - A step by step guide to preliminary funding criteria

While each funder uses a unique set of criteria to assess the potential value of investing in a case, lawyers are likely to find similarities in the factors taken into consideration.

At what stage should you involve a litigation funder?

Involving an experienced litigation funder at an early stage can give clients a significant strategic advantage, certainty about how their litigation will be resourced, and eliminate adverse costs risk.

How Litigation Funding Helps Firms Pay the Bills Without Selling Receivables

Litigation funding may provide an effective alternative to selling receivables for law firms looking to quickly improve cash flow, enhance profitability, and preserve future revenue.

Covering The Cost of Lateral Hires With Litigation Funding

Law firm portfolio funding is a form of litigation finance involving a third-party investment in several cases on which the same law firm has been engaged on a contingency basis.

What insolvency practitioners need to know about small claim and ‘seed’ funding

Claim value is unquestionably a key factor in the funding decision. A $1 million claim can be as complex and expensive to run as a $5 million claim. As claim value moves below $1 million it is likely to be less commercially viable to fund. An inflection point is reached where the costs and risks approach or exceed potential recoveries. In the insolvency context, Court approval, if required, may depend upon the Insolvency Practitioners demonstrating that pursuing the claim is in the creditors’ interests. To that end Courts have regard to claim value and likely return to creditors .

Litigation Finance Helps Debtors and Trustees Increase Recoveries

Litigation finance is an important tool that can help debtors and trustees improve recoveries for their stakeholders. Here's how.

Small Claims Funding Taking Off - Minimising Risk for both Claimants and Practitioners

IMF Bentham re-introduced funding for small claims due to the continuous amount of enquiries it was receiving from claimants with meritorious small claims but a lack of funds to pursue them. Find out more about how small claims funding can help to minimise litigation risk for both claimants and practitioners.

Leading Legal Minds Meet to Discuss Litigation Funding

In September, Bentham hosted leading experts, litigators and academics for a roundtable discussion about the role that litigation funding might play in Canada.

Understanding The Financial Realities of the Litigation Funding Process

Bentham must consider a host of important financial and economic factors when considering whether to fund a case.

Queensland introduces Class Action legislation

Earlier this month, the Queensland Parliament enacted legislation to allow class actions to be commenced in the Supreme Court of Queensland. The new regime largely adopts class action procedures already in place in other jurisdictions. IMF Associate Investment Manager, Alexandra McVay, details more about the new regime.

Canadian Business Magazine Predicts Litigation Funding Could Spur Real Change In Legal System

In the latest issue of Canadian Business Magazine, Sarah Niedoba explores the growth of litigation funding in Canada.

Vaughn R. Walker, former N.D. of Cal. chief judge, joins Bentham’s U.S. Investment Committee

Bentham welcomes a new addition to its U.S. investment committee - former chief judge of the Northern District of California, Vaughn R. Walker.

Litigation Funding Makes Inroads in Asia

Litigation funding is rising in Asia, giving law firms and their clients new opportunities to pursue strong claims in a wide variety of cases.

Federal Court Makes First Common Fund Order

On 26 October 2016 the Full Federal Court made its first potential "common fund order" in the class action Money Max Pty Ltd (Trustee) v QBE Insurance Group Limited. Provided the funder, applicant and solicitors for the applicant undertake to comply with the court sanctioned funding terms, the Court will make orders, including that the applicant and all group members pay the funder a Court approved funding fee from any recoveries.

How Funding can Help Firms Weather a Litigation Slowdown

Firms that are experiencing a slowdown may find value in litigation funding as a means of taking on high-risk cases.

Momentum in the Arbitration World: Recent Global Developments Regarding Litigation Funding

Earlier this month, Hong Kong’s Law Reform Commission recommended that the common law principles of maintenance and champerty, which have held force in Hong Kong far longer than other jurisdictions, should no longer apply to arbitration and associated proceedings. This development comes hot on the heels of the promulgation of Singapore’s Civil Law (Amendment) Bill, anticipated to become law by the end of the year, abolishing maintenance and champerty in arbitration and certain other proceedings.

Rapid Expansion of Third-Party Funding in International Arbitration

The latest issue of Norton Rose Fulbright’s International Arbitration Report focuses on recent changes to the rules surrounding third-party funding in international arbitration.

Using Funding to Manage the Impact of Litigation Spending on Law Department Budgets

Litigation funding provides in-house counsel with the ability to pursue claims while overcoming the objections they typically hear from their financial team.

Recent Pennsylvania Court Decision Invalidating Attorney’s Retainer Agreement Due to Fee Splitting Predicted to Have Limited Impact

Though the ancient doctrine of champerty is on the decline, it’s still used in some jurisdictions to invalidate funding agreements.

When a Litigation Funder Enters the Picture, Control over Litigation Strategy Remains with the Claimant and Lawyer

There are ethical rules funders and lawyers must be mindful of that prevent a third party from directly influencing case strategy.

David Gallagher Participates in LACBA Panel Discussion on Litigation Finance

Los Angeles Investment Manager David Gallagher recently participated on a panel discussion about litigation funding hosted by LACBA's Antitrust & Unfair Business Practices Section.

Litigation Funding Proves Hot Topic at Seattle IP Inn of Court Event

Bentham's Matthew Harrison participates in a panel discussion focused on the “Financial Aspects of Intellectual Property Litigation.”

Bentham Presents to the American Arbitration Association on the Ethics of Litigation Finance

Third Party Litigation Funding: Saskatchewan Makes Six

Following the recent decision of the Queen’s Bench for Saskatchewan in Schneider v Royal Crown Gold Reserve Inc, six provinces have now set out the guiding principles for approving third-party litigation funding agreements. Although most decisions are in the class action context, they are instructive for general commercial litigation, the core of Bentham IMF’s business in Canada.

Survey Says: Use of Alternative Fee Arrangements on the Rise

The results of Norton Rose Fulbright's 2016 Litigation Trends Annual Survey are in and show a rising trend in the use of Alternative Fee Arrangements.

With Aid from Funders, Bankrupt Litigants Find a Lifeline

For a cash-strapped estate, financing a litigation asset to obtain an infusion from a funder can mean the difference between continuing with a winning strategy or potential capitulation.

Legal Luminaries Lead Discussions about Litigation Finance Driving Law Firm Profitability at Bentham IMF Fifth Anniversary Event

Bentham IMF recently celebrated its 5-year anniversary in the United States on September 21, 2016 with a seminar co-hosted by Bloomberg BNA titled "Litigation Finance: Driving Law Firm Profitability."

Paying for E-Discovery Costs Using Litigation Funding

For plaintiffs, the growing costs of e-discovery can cramp their attempt to gather evidence and ultimately endanger their ability to pursue worthwhile litigation.

What Small and Medium-Sized Businesses Need to Know about Litigation Funding

Third party litigation funding (TPF) can benefit businesses of all sizes, but small and medium sized companies can find particular value in using TPF for their cases.

Portfolio Funding: A Creative Approach to Managing Risk

Bentham IMF works with law firms to create litigation portfolios that allow firms to finance several clients’ cases at once.

Dave Kerstein speaks with Prism Legal law blogger about the ins-and-outs of litigation funding with Bentham

In this week's blog on Prism Legal, Bentham's Dave Kerstein discusses the evolution of the litigation finance industry in the U.S. and discusses why law firms increasingly look to funding as a means to reduce risk.

How Litigation Funding Helps Plaintiffs Avoid Getting Burned By a Scorched-Earth Defense

Scorched earth tactics tend to occur in cases where a smaller business sues a larger, deep-pocketed defendant.

Five Ways Litigation Funders Can Help GCs Pursue Cases

With corporate legal departments facing financial constraints, litigation funders like Bentham IMF are emerging as vital partners for companies looking to recover assets and protect their rights in the marketplace.

Maintenance and Champerty: Dead but not buried?

In our conversations introducing commercial litigation funding to the Canadian legal market, we are frequently asked about maintenance and champerty. Under current Canadian jurisprudence, third-party funding does not offend the doctrines of maintenance and champerty.

Law360 Publishes Bentham’s Op-Ed Explaining Why Rumblings About the Decision in Gbarabe are Much Abuzz About Nothing

Bentham’s Ralph Sutton and Julia Gewolb weigh in on the implications of Judge Illston’s decision in Gbarabe v. Chevron Corp., No. 14-cv-00173, 2016 WL 4154849 (N.D. Cal. Aug. 5, 2016) to compel a class action plaintiff to produce his confidential litigation funding agreement to the defendant.

How to Propose a Case for Funding

While each funder uses a unique set of criteria to assess the potential value of investing in a case, lawyers are likely to find similarities in the factors taken into consideration.

Counseling Clients about Litigation Funding

When lawyers become comfortable with explaining the intricacies of litigation funding, they become better counselors to their clients because they are able to present a broader array of options for financing a case.

How To Do More Work For Existing Clients

When growing a legal practice, existing clients tend to be the best source of further work. Often, however, lawyers struggle to entice current clients to give them more work.

4 Questions Worth Exploring about Gaining Greater Client Wallet Share

Bentham has developed a brief list of questions that lawyers can utilize to determine whether litigation funding can help them increase their client wallet share.

Firm Expansion and Growth Using Portfolio Funding

Law firms exploring strategic growth have a new financing option to consider. By securing funding against a portfolio of three or more commercial litigation cases on a partial contingency basis, firms gain access to capital provided by Bentham.

The L.A. Business Journal Talks with Allison Chock about Uptick in U.S. Litigation Funding Industry

The Los Angeles Business Journal reports on the rise of the litigation funding industry in the United States.

Litigation Funding’s Impact on Whistleblower Cases

Whistleblower claims have been one of the few areas of litigation on the rise. With the clarifications in the recent Supreme Court decision in Universal Health Services v. Escobar, these claims are likely to continue to grow.

The Los Angeles Times Reports on Bentham IMF’s $300,000 Commitment to Fund UCI Civil Justice Research Institute

The Los Angeles Times discussed Bentham IMF's commitment to fund UC Irvine's new Civil Justice Research Institute in a recent article.

Understanding How Litigation Funding Enhances Attorney Effort

Litigation funding for individual cases and law firm portfolios not only “enhances” attorney effort, but often makes that effort possible.

Case Review: Major Points and Highlights from the Florida BK Court’s Decision In re International Oil Trading Company, LLC

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.

Litigation Funders - A new source of referrals to grow your business

Working with well-established litigation funders can have unexpected benefits for law firms. Among those benefits are opportunities to receive referrals for new business. In our experience, referral opportunities arise most commonly in the following situations...

Case Law Indicates Growing Acceptance of the Litigation Finance Industry

In conclusion to this 4-part series, we look at how recent decisions protecting claimant-funder communications and work product indicate the judiciary’s growing acceptance of litigation funding.

How Law Firms Can Create New Value for Clients with Litigation Funding

In recent weeks, large law firms have announced significant increases in associate salaries. Not surprisingly, many clients are voicing concerns over any potential rises in billable rates as firms try to pass those costs onto clients. Long before the announcements, firms were already dealing with increasing pressure from clients shifting work in-house and asking for reduced rates, discounts, and alternative fee arrangements. As Allison Chock and Matt Harrison (the heads of our Los Angeles and San Francisco offices respectively) explain in our Q&A below, litigation funding provides a great way to address these issues and also create new value for clients.

Work Product Doctrine Protects Litigation Finance Documents from Disclosure in Florida

In Part 3 of this 4-part series, we will look at the Florida Bankruptcy Court’s analysis and application of the Work Product Doctrine to a document production request in In re International Trading Company, LLC (“IOTC”).]

Three Qualities Clients Value Most

Recent surveys of corporate counsel demonstrate that they are looking for three important things from their outside advisors. When law firms don’t respond to these demands, they may lose out on litigation opportunities.

Litigation Funders – A new source of referrals to grow your business

Working with well-established litigation funders can have unexpected benefits for law firms. Among those benefits are opportunities to receive referrals for new business.

Florida Bankruptcy Court Utilizes the Agency Exception to Protect Claimant-Funder Communications from Discovery

In Part 2 of this 4-part series, we will discuss the Court’s analysis and application of the agency exception to the attorney-client privilege.

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.

Hogan v. Gawker: A Third Party Investment Understanding How Thiel's Funding Differs from Traditional Commercial Litigation Funding

Peter Thiel's funding of Hulk Hogan's suit against Gawker differs from traditional commercial litigation funding in a number of ways. Bentham explains.

When SMEs Need a Powerful Partner

By partnering with a litigation funder, an SME can focus its capital on growth and development, and use the funder’s resources to retain top counsel.

Putting our Money Where Our Mouth Is: Access to Justice Initiatives

By enabling meritorious litigation to proceed to court, and ensuring that claims are properly resourced, Bentham has long provided access to justice to individuals and corporations. Bentham’s commitment to justice, however, extends beyond the individual cases that we fund.

The Wall Street Journal Highlights Success of Bentham’s Portfolio Funding

The Wall Street Journal recently highlighted how Bentham's litigation portfolio funding benefits startup litigation boutiques, Big Law, and Small Law firms.

The Business of Law: AFAs and Litigation Finance Enter the Mainstream

As demand for Alternative Fee Arrangements grow in popularity, learn how litigation finance works as a tool to help spread the costs and risks associated with your legal expenses.

Litigation Funding and Liability Insurance: Mirror Images

Litigation Funding Paves Way for Crystallex’s $1.4B Award Against Venezuela

Read below about how an insolvent company, Crystallex, used litigation funding to pursue a claim and realize significant value for its creditors.

Third-Party Funding Paves Way for Crystallex’s $1.4B Award Against Venezuela

On April 4, 2016, Canadian mining company Crystallex International Corp. won a $1.38B arbitration award for Venezuela’s unlawful expropriation of its Las Cristinas gold mine. Crystallex’s claim was advanced with the support of a third-party litigation funder.

Jim Batson’s Zubulake Win Continues to Provide Lessons on E-Discovery

Jim Batson, Senior Investment Manager in Bentham's New York office, gave a guest lecture at Florida State University, College of Law on Monday, April 4, 2016 about his involvement and experience in the seminal e-discovery case of Zubulake v. UBS Warburg.

Matt Harrison Invited to Speak at the Northern District of California Judicial Conference

Matt Harrison, Investment Manager and Legal Counsel in Bentham's San Francisco office, will participate in a panel discussion about litigation funding at the Northern District of California Judicial Conference on April 9, 2016.

Roman Silberfeld, an Esteemed Member of our Advisory Panel, is recognized as a Trial Pro by Law 360

Roman Silberfeld, a member of our Advisory Panel, was recently recognized as a Trial Pro by Law 360. Congratulations Roman!

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.

What's in a Name?

Bentham IMF in Canada is a subsidiary of Bentham IMF Limited, a public company traded on the Australian Stock Exchange (ASX: IMF). We are the oldest and most experienced commercial litigation funder in the world.

Pennsylvania District Court Upholds New York Choice-of-Law and Rejects Champerty and Usury Defenses

A recent decision on a summary judgment motion out of the Western District of Pennsylvania rejected usury and champerty defenses to an alternative litigation finance agreement. This latest decision indicates the judiciary is becoming more receptive to the use of alternative litigation funding.

Litigation Finance Part of the Conversation at the ABA EMP Joint CLE Seminar

Los Angeles Investment Manager Allison Chock will participate in a panel discussion about litigation funding at the ABA Environmental, Mass Torts & Products Liability Joint CLE conference in Park City, Utah on Friday, January 22, 2016. Register today!

Allison Chock Selected to Speak to the ABTL Northern California Chapter About Litigation Finance

Allison Chock will participate in a panel discussion on litigation finance on January 19, 2016 at The Four Seasons in San Francisco along with a distinguished panel consisting of members of the judiciary and representatives from Burford Capital and Lake Whillans. Register today!

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?

Bentham and HLS Host Panel on Commercial Litigation Funding

Proving that legal education does not stop at graduation, Harvard Law School alumni, their colleagues and friends gathered on November 19, 2015 at Southwestern Law School to hear a distinguished panel discuss commercial litigation funding.

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.”

Statement from Bentham IMF about Congressional Inquiry into Commercial Litigation Funding

The Committee On The Judiciary of the United States Senate has announced an inquiry into third party litigation financing in the US. Read here for Bentham IMF’s statement about this inquiry:

Debunking Myths Surrounding Third Party Funding in US Litigation

Ralph Sutton was both the lead-off and wrap-up player at the 9th Annual Judicial Symposium in Civil Justice Issues given by George Mason University School of Law. Presenting to a group of sixty Federal and State judges, Ralph kicked off the session on litigation funding with an introduction to commercial litigation financing. After two law professors and a partner at an esteemed national law firm presented their views on aspects of commercial litigation funding, Ralph made sure that any questions on the validity of commercial litigation's benefits to access to justice were dismissed by his talk on "Debunking Myths Surrounding Third Party Financing of US Litigation".

"Statute of Limitations Issues in Looted-Art Cases"

More recently, Nazi-looted art has gained focus in the mainstream due to various movies as well as in the German Cornelius Gurlitt case. However, it is not as simple as finding the rightful heirs of the art. In many cases, several issues arise. Read Chris Michaels' article, "Statute of Limitations in Looted-Art Cases," in The Legal Intelligencer for an in-depth analysis.

How will 'Loser-Pays’ Standard Affect Litigation Funding?

As Congress is on the verge of passing new laws intended to curb patent trolls, it will be interesting to see how these laws will affect the alternative litigation finance industry.

Advisory Panel Member of Litigation Financier Bentham IMF Gives Lecture at Penn Law

Steve Susman, a Bentham Advisory Panel member, discusses the 'Joy of Lawyering" at Penn Law.

Jim Batson Selected to Speak at the Legal Marketing Association’s P3 Conference in Chicago, June 10, 2015

Jim Batson will be co-leading a panel at the Legal Marketing Association’s P3 conference entitled “Litigation Financing: A Potential Game Changer for Risk-Sharing Engagements” on June 10, 2015. Register today!

Ralph Sutton Selected to Speak at the 9th Annual Judicial Symposium on Civil Justice Issues at George Mason University School of Law & Economics Center

Bentham's Ralph Sutton will present a program on Third Party Litigation Financing at the 9th Annual Judicial Symposium on Civil Justice Issues at George Mason University School of Law. Register for this event today!

Bentham IMF’s Jim Batson to Speak on a Panel Discussion at the IP Finance 2015 Conference

Jim Batson will participate in Premier Cercle's IP Finance seminar "IP Litigation: The New Business of Litigation Finance" on May 14, 2015. Sign up today!

Bentham’s Jim Batson Selected for a Panel Discussion at the ABA’s Litigation Section Program “Globalization of Securities Litigation”

Jim Batson will participate at the upcoming program "The Globalization of Securities Litigation" sponsored by Baker & McKenzie LLP where he will discuss litigation funding and how parties can look to it as a resource when litigating securities matters.

Delaware Superior Court Holds the Work Product Doctrine Protects Disclosure of Litigation Funding Documents

The Delaware Superior Court's recent decision in Charge Injection Technologies v. E.I. DuPont De Nemours & Company falls in line with the Delaware Chancery Court's decision in Carlyle v. Moonmouth Company that the terms of a litigation finance agreement are protected from disclosure under the Work Product Doctrine.

Bentham IMF Sponsors and Presents at the Litigation Counsel of America’s 2015 Spring Conference and Celebration of Fellows

Bentham's Jim Batson will discuss the use of litigation funding in intellectual property matters at a seminar with Renee Rothauge of Markowitz Herbold PC at the Litigation Counsel of America's 2015 Spring Conference and Celebration of Fellows on April 15-17.

Bentham NY and Bentham Europe Team Up to Educate Law Students about Litigation Funding

On Monday April 6, 2015, Bentham IMF U.S. and Bentham Europe teamed up to give a joint lecture about third party litigation finance at the Florida International University School of Law.

Meet the Team: Spotlight on Marianne Talbot

Our Chief Marketing Manager, Marianne Talbot, possesses a unique combination of litigation and marketing experience that is key to growing Bentham's presence in the United States. Please join us in extending a warm welcome to Marianne!

Bentham IMF’s Allison Chock Selected to Participate on a Panel Discussion at the Thomson Reuters 2nd Annual Legal Executive Forum

The Thomson Reuters 2nd Annual West Coast Legal Executive Forum in San Francisco, California will discuss and address various issues legal executives are faced with in this post-recession era.

Litigation Finance as an Alternative Fee Arrangement Discussed by Jim Batson at NYIPLA CLE Seminar

Jim Batson participated on a panel discussion this week at the NYIPLA CLE program "Keeping It Profitable: Creating and Managing Alternative Fee Agreements in IP Cases." Read on for a short summary and link to a great article summarizing how alternative fee arrangements can be beneficial to your law practice.

Work Product Doctrine Protects Litigation Finance Documents from Discovery in Delaware

In Carlyle Investment Management L.L.C., et al. v. Moonmouth Company S.A., et al., the Delaware Chancery Court determined that the Work Product Doctrine protected litigation funding documents from discovery.

Bentham IMF Provides Industry Thought Leadership at SCG Legal Spring Conference on March 20-22, 2015

The 2015 SCG Legal Spring Conference in Miami, Florida will highlight various ways available to law firms that will enable them to maneuver through the changing legal landscape resulting from the 2007-2009 global financial crisis.

Bentham IMF’s Jim Batson Tapped to be on NYIPLA’s March 10, 2015 Panel Discussing Ways on “Keeping It Profitable: Creating and Managing Alternative Fee Agreements in IP Cases"

Will a Decrease in the Use of Outside Counsel Direct Attention to the Litigation Finance Industry By Corporate Counsel?

The results of the 2014 Altman Weil survey of 186 Chief Legal Officers ("CLOs") raises some interesting questions as to how CLOs will further reduce and control costs for their firms. A seven year trend of continued decreases in the use of outside counsel begs the question as to what other resources CLOs can look at to help alleviate the high costs and risks associated with litigation. It will be interesting to see the results of Altman Weil's 2015 survey and whether the litigation finance industry will see an increase in use by CLOs.

Meet the Team: Spotlight on David Kerstein

Our New York team is growing with the recent addition of David Kerstein. He is a seasoned complex commercial litigator bringing with him 15 years of experience. When David is not in the office, you may find him out and about cheering for the local NYC sports teams or enjoying his favorite dish at a local restaurant. Please join us in welcoming David to Bentham!

S&P Held Accountable For Their Role in the Global Financial Crisis

IMF Bentham, our parent company, provided litigation finance that led to a 2012 ruling of liability against a major ratings agency for their actions. Fast forward to 2015, where a handful of U.S. entities settled with the S&P for their part in contributing to the global financial crisis. The final portion of our two-part series summarizes these settlements that likely mark the beginning of actions in the U.S. which seek to hold credit ratings agencies accountable for deceptive ratings practices.

IMF Bentham Helped Lead the Way in Holding S&P Accountable for Misconduct that Led to the Global Financial Crisis

In the first portion of this two-part series focusing on S&P's recent settlements with various U.S. entities, we discuss how litigation finance provided in Australia by our parent company, IMF Bentham, helped light the powder keg of subsequent lawsuits and regulations that sought to make ratings agencies accountable for their part in the global financial crisis.

State Farm Seeks Revenge with Indiana’s HB 1340 Bill

Insurance companies and Big Business took note when an Indiana jury handed down the largest defamation award in U.S. history - $14.5M ($17M after interest) - in favor of Joseph Radcliff and against State Farm Fire & Casualty Co. Pivotal to Radcliff's ability to withstand the course of litigation and subsequent appeals was the assistance of litigation funding from Bentham IMF. In an effort to prevent litigation finance companies from continuing to help average Joe's hold Goliath Industries accountable for their wrongdoing, Big Business is pushing to pass HB 1340 in Indiana, which upon a close reading, is overbroad, unduly restrictive, and anti-business.

Celebrating Australia Day

In honor of our parent company, IMF Bentham, and the birthplace of the commercial litigation finance industry, Bentham's Los Angeles office hosted an Australia Day party at a pub in downtown LA. Good cheer and good grub attracted Bentham's friends and colleagues to celebrate a significant Australian holiday.

Can Joe help David beat Goliath?

Through crowdfunding on the Internet, "Joe Public" has arrived to help David beat Goliath. David’s damages are usually under $1million, too small for consideration by Bentham but significant to David. Goliath is often the type of mighty corporate behemoth Bentham finds in larger cases. Funding these types of cases through the Internet allows Joe the opportunity to help “David” hold “Goliath” accountable.

Bentham IMF's 2014 Year in Review

It has been a great year for Bentham IMF and the development of the litigation funding industry in the United States. We look forward to continued success and progress in 2015!

Benefits of Giving Some Control to Funders During Litigation

In light of the recent decision over a litigation funder's liability for a defendants' costs on an indemnity theory in Excalibur Ventures LLC ("Excalibur") v. Psari Holdings et al (which arose out of the Excalibur v. Texas Keystone Inc, et al matter), Bentham Europe's Jeremy Marshall discusses the benefit of giving some control to a funder during the course of litigation in the December issue of Litigation Funding magazine.

Just the Facts: Litigation Funding Does NOT Promote Frivolous Class Action Lawsuits

Say it’s not so. Opponents of litigation funding have cried out that litigation funding will bog down the courts with an avalanche of unnecessary lawsuits. Now we have statistics compiled by Australia’s Monash Business School that the number of class actions has not increased since the introduction of litigation funding in 2001 (pioneered by Bentham, of course -- one of the reasons Bentham's founders were named one of "The Top 50 Innovators in Big Law in the Last Fifty Years".).

“Waiting For Good Dough”: Professor Gillers Weighs In On Champerty And “The Specter of a Stranger In Our Midst”

Professor Stephen Gillers has referenced Samuel Beckett’s absurdist play, Waiting for Godot, in choosing the title of this article that debunks two misconceptions in litigation financing. He enumerates the numerous ways there currently exist for non-lawyer involvement in litigation and surveys arguments that litigation funding gives rise to more expensive settlements and wasteful trials. Not only is Professor Gillers brilliant in his analysis and commentary but we find that in his choice of this title, he has a good sense of humor.

Standing Behind our Ethos: Bentham Provides the Community with Access to Justice

Bentham has been, and always will be, committed to the principle that all individuals have the right to have access to justice. Indeed, this tenet is built into Bentham’s “Code of Best Practices” which specifically sets forth that “the funder shall devote executive time and resources to pro bono projects for those unable to pay for their own legal services.” In Australia, we see this carried out in Bentham’s support of the Public Interest Advocacy Centre (“PIAC”).

Bentham’s Jim Batson Leading National CLE Program on October 30, 2014: “Accessing Justice: Ethics and Lawsuit Financing in a New Era”

Bentham IMF is pleased to announce that on Thursday, October 30, 2014, senior Investment Manager Jim Batson will be leading a Continuing Law Education program with the Practicing Law Institute entitled “Accessing Justice: Ethics and Lawsuit Financing in a New Era.” As most attorneys know, the expense of bringing a case to trial for attorneys, firms, and the parties themselves can be astronomical. In this engaging and informative program, James Batson, an attorney with over 20 years of litigation expertise, will introduce the use of litigation funding as a modern means to ensure that meritorious cases get the commitment of resources they deserve. In addition to introducing the basics of litigation funding and how it can be integrated into every step of litigation strategy, Jim will address numerous Rules of Professional Responsibility and how they intersect with litigation funding.

Bentham’s Jim Batson Highlighted in ABA Journal Article Recounting Historic E-Discovery Case

A decade ago, Bentham’s Senior Investment Manager Jim Batson won a historic legal verdict that continues to reverberate throughout the world of litigation. That case, Zubulake v. UBS Warburg, was the first time a court opined how e-discovery such as emails should saved, managed, and produced in discovery. The case was so historic that the ABA Journal in its September 2014 issue revisits the case and Batson’s pivotal role in it. Inconceivably, prior to Zubulake, emails were not always considered “documents” under discovery rules. Today, with ever-increasing numbers of emails and other types of e-discovery (including the explosion of discoverable evidence from social media sources such as from Facebook and Twitter), the need for proper funding resources – including the use of litigation financing - to prepare one’s case is essential.

International Corporate Liability Gives Rise to Globalization of Third Party Funding

The financial and retail markets now know no borders. Corporate branding and access to social media and the Internet allow a Japanese equity trader to trade in the US markets at night from his home in Tokyo, an athlete to buy Nike’s almost anywhere in the world, and a family to eat at McDonald’s wherever they travel. This globalization will increase corporate liability to international claims, and a corollary to that will most likely be an increase the need for litigation funding. Bentham, the only litigation funder with offices on three continents, is ready to meet this need.

Arbitration and Litigation -- Both Risky Business

The strong sentiment about the advantages of arbitration has been disproven in three recent cases. In many instances, arbitration is mandatory but when there is a choice, you must carefully weigh the risk-reward of arbitration versus litigation. It isn’t always what you think.

Snapshot of Success

It is one thing to claim that you are transparent but it is another thing to be transparent. In this blog we've taken a selfie together with our parent company in Australia. We discuss two recent investments in cases that have been realized and where litigation funding provided access to justice.

Second Roundtable on Litigation Funding

Since its launch in 2001, Bentham IMF has served as a thought leader for the commercial litigation finance industry. This past year, Bentham IMF in the US has initiated a series of roundtables, where distinguished academics and lawyers discussed critical issues and best practices for the industry. In the first half of 2014, Bentham IMF co-hosted a roundtable at Stanford University’s Center for the Legal Profession. The results of our thinking coming out of this roundtable were interesting.

The Business of Unfinished Business

You can take it with you, or perhaps you cannot take it with you. Is unfinished business the property of a defunct firm that has closed involuntarily and therefore subject to attachment by creditors or is unfinished business the property of the partners of a firm that closed voluntarily and who have moved on to a new firm? We’ve reviewed four decisions where the circumstances of a firm’s closing impacts the right to unfinished business profits.

New York Roundtable Interviews with Professor Charles Silver (Video)

In the fall of 2013 Bentham IMF invited Professor Charles Silver and a group of distinguished academics, senior litigators and commercial litigation funders to discuss the evolution of litigation funding, the ethical and legal issues in the field and the efforts to increase acceptance. Professor Silver holds the Roy W. and Eugenia C. McDonald Endowed Chair in Civil Procedure at the School of Law at the University of Texas at Austin. In these interviews he discusses the similarities and differences between litigation funding and liability insurance.

Who is to Blame for Claims Without Merit?

Bentham IMF agrees with the recent article "Claims Without Merit are the Problem, Not Trolls" published in the April/May 2014 issue of GENERAL COUNSEL by Marla R. Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP. The article takes attention surrounding patent litigation reform away from patent trolls to focus on the real issue at hand -- meritless claims. Ms. Butler gives a succinct summary and explanation on those activities that lend to meritless, problematic claims and identifies how individual States are taking action.

Will Relaxed 'Loser Pays' Standards in Patent Claims Result in Increased Demand for Litigation Funding?

In previous blogs we have discussed whether or not availability of funding means that there will be an increase of frivolous law suits. Certainly from reviewing Bentham’s track record, we believe that the courts feel that Bentham is funding meritorious claims. Now we turn to a discussion of whether or not the relaxing of ‘loser pays’ rules in the United States will increase the demand for litigation funding. Whether or not we see an increase of patent claimholders seeking to share in the risk of a potential ‘loser pays’ scenario, we note that for the past twelve years, Bentham has been funding cases in Australia where the ‘loser pays’ scenario applies to all litigation.

Meet the Team: Spotlight on Jim Batson

Jim is the newest addition to the Bentham IMF team. It will be obvious to you once you read his bio why we are so excited to have him. Not only is he a seasoned litigator but he has financed litigation and consulted to a litigation finance firm. What you won't know until you meet him in person is that he is very tall. At 6'4" and an athlete, he will be a powerful team member if anyone challenges the Bentham group to a game of basketball, tennis or baseball.

Litigation Funding: A Close Cousin to Liability Insurance

The DNA of liability insurance shares some genes with commercial litigation finance, yet the "cousins" have different genes as well. We usually speak of the evolution of living species and how one population of a species changes over time. Here we compare the evolution of the acceptance of liability insurance with the evolution of commercial litigation finance – a newer tool to protect liability -- and its growing acceptance.

Bentham's Ralph Sutton Speaks at the 16th Annual JAMS Owners Meeting

Ralph Sutton was invited to give a presentation on litigation funding to an august group of mediators and arbitrators at the 16th annual JAMS owners conference in Miami. JAMS mediators and arbitrators handle cases ranging in size, complexity and industry. Of course, their first choice is to successfully resolve cases without going to litigation. When successful, this route is often more efficient, less expensive and more private than the alternative – litigation. However, sometimes things do not work out as planned and the two sides move on to litigation. Everyone involved in the case should be aware of the opportunities that litigation financing might present to get the case resolved on what might be considered Plan B.

New York Roundtable Interview with Professor Charles Silver on Litigation Funding and Liability Insurance

In the fall of 2013 Bentham IMF invited Professor Charles Silver and a group of distinguished academics, senior litigators and commercial litigation funders to discuss the evolution of litigation funding, the ethical and legal issues in the field and the efforts to increase acceptance. Professor Silver holds the Roy W. and Eugenia C. McDonald Endowed Chair in Civil Procedure at the School of Law at the University of Texas at Austin. In these interviews he discusses the similarities and differences between litigation funding and liability insurance.

New York Roundtable Interview with Professor W. Bradley Wendel on the Acceptance of Litigation Funding

Professor W. Bradley Wendel is a Professor of Law at Cornell Law School. His experience has been as a litigator, judicial law clerk and educator. Brad joined the Cornell faculty in 2004, after teaching at Washington and Lee Law School from 1999-2004. Before entering graduate school and law teaching, he was a product liability litigator at Bogle & Gates in Seattle and a law clerk for Judge Andrew J. Kleinfeld on the U.S. Court of Appeals for the Ninth Circuit. His teaching interests are in the regulation of the legal profession and torts, and his research focuses on the application of moral and political philosophy to problems of legal ethics.

Meet the Team: Spotlight on Stephanie Reckler

Although you may never meet Stephanie in person, you will certainly come in contact with her by phone or email. As head of US operations for Bentham IMF, Stephanie’s outreach includes claimholders and lawyers who are looking for commercial litigation funding, vendors and new hires.

Bentham IMF Expands its Presence in Europe

With the opening of an office in London, Bentham IMF Ltd can now claim that it is the only commercial litigation funding company that has working offices on three continents. Being a global company with 8 offices around the globe means that the Bentham IMF companies are accessible to more claimholders who require financing for their cases.

Commercial Litigation Funding and Liability Insurance: Mirror Images

Commercial litigation funding and liability insurance are in many ways strikingly similar and in many ways they are very different. You can consider them mirror images of each other. While both are designed to help the party deal with the consequences of litigation by shifting the costs and risks to someone else, commercial litigation helps the plaintiff; liability insurance helps the defendant.

Top 10 Reasons to Choose Bentham IMF as Your Commercial Litigation Funder

You are not sleeping at night. You are anxious. You have a meritorious large commercial claim. You are cowed by your opponent’s deep pockets. You may need operating money for your business or just to feed your family. You need help. You need alternative litigation financing. YOU NEED BENTHAM.

Jeremy Bentham: A forward thinker… but he lost his head!

Jeremy Bentham advocated litigation funding as a means for providing access to justice for people who cannot afford the cost of litigation. His beliefs live on as does his body. It is not every day that you can see mummified bodies of great thinkers of the world. At the end of the South Cloisters of the main building of University College of London, in a closet the size of a telephone booth is Jeremy Bentham, the Auto-Icon. How unusual is that!

Crowdfunding Puts Access to Justice in the Hands of the People

Commercial litigation funders have been raising money the “old-fashioned way” via personal meetings or telephone calls with individual investors, family offices, hedge funds and large institutions. A recent example of crowdfunding to support a pro bono case shows that advances in the use and acceptance of social media might change the way money is raised and from whom it is raised.

Commercial Litigation Funding After Lawsuit Already Filed Found Legal in Illinois

Your business has been wronged. You file suit and pursue your day in court, but the tenacious, deep-pocketed defendant that has wronged you is now draining all your resources. You turn to a litigation funder to help you keep fighting. Do you need to reveal your financial arrangement with the other side to prove you are still the “real party in interest”? Judge Cole of the Northern District of Illinois says, “No.”

Will the Real Party in Interest Please Stand Up?

Your business has been wronged. You file suit and pursue your day in court, but the tenacious, deep-pocketed defendant that has wronged you is now draining all your resources. You turn to a litigation funder to help you keep fighting. Do you need to reveal your financial arrangement with the other side to prove you are still the “real party in interest”? Judge Cole of the Northern District of Illinois says, “No.”

Digging Didn't Help - Court Decision Supports Commercial Litigation Funding

Not a bad idea to interview several commercial litigation funders before choosing one to work with, but be sure to execute an NDA with each one at the start of talks. The plaintiff in Miller v. Caterpillar interviewed several commercial litigation funders, but did not heed this advice. The Court ordered Miller to produce certain exchanges with funders that were covered by an NDA, while those discussions that were pursuant to an NDA were protected. The moral of the story is clear.

Meet the Team: Spotlight on Allison Chock

Getting to know the person who is funding your large commercial claim litigation is as important as the funder getting to know you, your case and your lawyers. Prior to joining Bentham, Allison Chock was the youngest equity partner (in recent memory) at a prestigious law firm. She joined the Bentham team in August 2013 and in a matter of weeks, she had opened the Los Angeles office. Having her on the Bentham team is one more arrow in Bentham's quiver.

Commercial Litigation Funding - The Arming of David

A concept from Malcolm Gladwell’s most recent book, “David and Goliath”, can be applied to a claimholder who does not have the money to fund his case. A litigation funder as a strategic partner who can pay for the costs of good counsel, hire expert witnesses, and use public relations levels the playing field and puts a bigger shot in the claimholder’s sling.

Sharing Documents with Litigation Funders under the Texas Work Product Doctrine

No matter what jurisdiction your case will be in, it is necessary to know how your client-attorney privilege is protected when you talk to a litigation funder. Jurisdictions differ one from the other and along with an executed NDA, you should also know how you are protected under the jurisdiction's work product doctrine.

Litigation Funder’s Setting Roots in Los Angeles – IT JUST MAKES SENSE

Being where the claims and clients are is a no-brainer business decision. Bentham IMF Ltd, the parent company of Bentham IMF, has offices in Sydney, Perth, Brisbane, Melbourne and Adelaide. Australia is 2.97 million square miles; the United States is 3.794 million square miles. It made sense to cover more territory in the US than with just a New York office. However, opening an office in Los Angeles was about more than covering square miles. It was about opportunity. Read why…

Sharing Documents with Litigation Funders under the Federal Work Product Doctrine

When seeking third-party funding for your claim, you should be aware of maintaining the confidentiality of the documents that you and your lawyer have created. The protection afforded by the Work Product Doctrine varies by jurisdiction. Protection of your documents can potentially mean winning or losing a case if the documents are deemed to be discoverable.

Sharing Documents with Litigation Funders under the California Work Product Doctrine

Be wary of subjecting your attorney’s work product to discovery by your opponent in an inadvertent waiver of the Work Product Doctrine. Know how to protect the confidentiality of your attorney’s work product when seeking litigation financing. Each state jurisdiction as well as the federal jurisdiction have slightly different but critical differences. Know where you stand in your jurisdiction.

Sharing Documents with Litigation Funders under the New York Work Product Doctrine

Sharing documents with a litigation funder is an important part of seeking funding for your claim. Part of the funder’s decision process is based on your attorney’s due diligence of the documents you provide. Equally important is preserving the confidentiality of the documents and abiding by the rules of the Work Product Doctrine in the jurisdiction where your case will be filed. Protecting your documents from discovery is critical. Not all jurisdictions have the same protections. Your lawyer will know the rules and you should be aware of them, too.

What’s in a name?

Stature, history and perhaps a bit of mystery. The name Bentham IMF combines two of the most well-known and recognized names in commercial litigation finance.

Bentham IMF Ltd Chiefs Named Innovators in Commercial Litigation Finance

It took two legal entrepreneurs in Australia to develop the first model for litigation finance. Hugh McLernon and John Walker are recognized by The American Lawyer Magazine recognized McLernon and Walker as one of the 50 top innovators in the legal industry in the past 50 years.

Litigation Funders: Scoundrels or Saviors?

Say it isn’t so, or say it is so. Two hundred years ago and even more recently, litigation funders were considered ruthless scoundrels and access to justice was limited to only those who could afford the high costs of litigation.

Litigation Finance: Extending the Branches of the Lending Tree

Whether or not the American legal market is ready for commercial litigation funding, it is here and here to stay. Although commercial litigation finance may be new in the States, Bentham IMF’s parent, Bentham IMF Ltd, is the world’s most experienced commercial litigation funder and has been funding cases in Australia and around the world since 2001.

How Would You Like to Pay for That?

In this article, Paul Rand discusses how choosing the right financing approach for a legal dispute can shape litigation strategy and drive business growth impacting a company’s cashflow, risk profile, and business operations.

Optimizing high stakes commercial claims for success

In this article, Paul Rand shares four over-arching themes that are constants in successful claims: the calibre of the legal team, clarity on goals and strategy, alignment of stakeholders and communication.

Webuilding Barriers to Enforcement: Ontario Court adds further hurdle to international enforcement of arbitral award

This article sets out the latest development in the global attempts to enforce the arbitral award in Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.P.A.

Quebec Court of Appeal Clarifies Path for Enforcement Against Foreign State: India’s Immunity Rejected and IATA Seizure Reinstated

A significant recent judgment in Quebec regarding the validity of state-related asset seizures offers a fresh perspective from the province's highest court on the application of international arbitration principles within Canada's legal framework, further solidifying the country’s reputation as an enforcement-friendly jurisdiction.

Why Dispute Finance is Particularly Attractive to Mining Companies Right Now

Maintenance and Champerty in Canada

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.

Supreme Court of Canada approves Omni Bridgeway’s litigation funding agreement

The Supreme Court of Canada recognized Omni Bridgeway’s litigation funding arrangement as ‘fair and reasonable’ in a landmark decision for the litigation finance industry in Canada. We delve into the details of the Court’s written opinion on our blog.

Omni Bridgeway authors Practical Law Guide on litigation funding in Canada

Drawing from its expert team, its foundational position in the Canadian market, and its 30+ years of global funding experience, Omni Bridgeway has created a comprehensive and user-friendly guide to the legal and practical issues in a rapidly growing industry in Canada.

Supreme Court of Canada unanimously approves Bentham's litigation funding agreement in landmark insolvency matter

On Thursday, the SCC unanimously allowed an appeal from the bench in a precedent-setting matter on litigation funding in the insolvency context.

Supreme Court of Canada to consider litigation funding for the first time

The Supreme Court of Canada agrees to hear an appeal in a case funded by Bentham IMF involving a lawsuit against Callidus Capital Corporation, in a matter that will shape Canadian law on litigation funding.

Litigation funding in arbitration: three recent developments

Each month, we aim to update the legal community on issues related to litigation funding in Canada, and also on broader news in the industry.

High-interest litigation “loans” vs. non-recourse litigation funding

Last month’s Ontario Superior Court costs decision in a personal injury-type case, Davies v. Clarington (Municipality), caught our attention. It puts into sharp relief the differences between companies who offer loans for personal injury litigation and funders like Bentham who provide funding for corporate-commercial claims and class actions.

Ontario court approves funding agreement in which funder pays legal fees as class action progresses

The Ontario Superior Court recently approved a funding agreement whereby the funder will pay for class counsel’s legal fees as the case progresses, in exchange for a return at the conclusion of the case. This arrangement enables the matter to proceed where the client is not able to pay legal fees, and the law firm is not able to carry its fees throughout the case.

B.C. legislative amendments confirm important role of third-party funding in international arbitrations

In May 2018, British Columbia modernized its International Commercial Arbitration Act by largely adopting the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration.

A Second Trilogy of Canadian Litigation Funding Case Law

Bentham’s litigation funding agreements have been the subject of three recent class action decisions. Learn more:

CCAA Court Approves Bentham's Litigation Funding Agreement / La Cour LACC Approuve le Financement du Litige de Bentham

The Quebec Superior Court has approved the litigation funding agreement in Bentham's first insolvency case in Canada.

Litigation Funding in Quebec / Financement de litiges au Québec

Exciting developments for litigation funding in Quebec.

Advancing a Claim when a company is in CCAA

Two recent Ontario decisions address when and how a Monitor can advance an oppression claim under the Companies Creditors’ Arrangement Act (CCAA).

Creating New Law: A Trilogy of Litigation Funding Cases

In recent weeks, the Federal Court of Canada and the Ontario Superior Court have given valuable guidance on litigation funding arrangements in Canada

Third Party Litigation Funding: Saskatchewan Makes Six

Following the recent decision of the Queen’s Bench for Saskatchewan in Schneider v Royal Crown Gold Reserve Inc, six provinces have now set out the guiding principles for approving third-party litigation funding agreements. Although most decisions are in the class action context, they are instructive for general commercial litigation, the core of Bentham IMF’s business in Canada.

Maintenance and Champerty: Dead but not buried?

In our conversations introducing commercial litigation funding to the Canadian legal market, we are frequently asked about maintenance and champerty. Under current Canadian jurisprudence, third-party funding does not offend the doctrines of maintenance and champerty.

Third-Party Funding Paves Way for Crystallex’s $1.4B Award Against Venezuela

On April 4, 2016, Canadian mining company Crystallex International Corp. won a $1.38B arbitration award for Venezuela’s unlawful expropriation of its Las Cristinas gold mine. Crystallex’s claim was advanced with the support of a third-party litigation funder.