Category Archives: Regulatory Issues
Video: Liberty Mutual on Global Litigation Finance Transparency
Mike Fallon (President of Major Accounts at Liberty Mutual Global Risk Solutions) spoke with Meg Green at Engage RIMS 2022 in San Francisco about the impact social inflation has on litigation finance. Mr. Fallon suggests that greater transparency is necessary from Liberty Mutual Global’s perspective….
Council of Bars and Law Societies of Europe on Private Litigation Funding
Representing bars and law associations of 45 countries and over 1M attorneys, the Council of Bars and Law Societies of Europe (CCBE) has published insights into third party litigation funding best practices. CCBE’s report is in response to the European Parliament’s draft on responsible frameworks for nurturing the future of third party funding. As an…
The Arkin Cap Debate
The Arkin Cap has traditionally been a guide associated with governerning the costs of litigation finance agreements. However, over a series of recent rulings, justices in the United Kingdom allude to their own autonomy, given individual case nuances. This implies that the concept of the Arkin Cap is not guaranteed in any litigation. …
Litigation Finance Regulatory Insights from Sentry Funding
In the United Kingdom, with the unregulated nature of commercial lending, many legal scholars are wondering how the trajectory of litigation investment will unfold. Whatever the case may be, most are certain that given the growing popularity of litigation finance products and services, regulations are not far behind. …
Bloomberg Law on Legal Investment Work Product
Bloomberg Law recently profiled the professional perspectives of Ken Epstein (Investment Manager and Legal Council at Omni Bridgeway) and Megan Easley (CAC Specialty) analyzing the attorney work product doctrine’s scope related to law firm funding. According to the article, courts traditionally have considered legal investment conversations a product of attorney work product privilege….
India’s Economic Times on Third Party Lending Audits
Non-bank financial institutions and third party lenders are finding themselves in the crosshairs of regulators who are auditing institutional malpractice. According to India’s Economic Times, the ministry of corporate affairs (MCA) is expected to examine third party funders for unsavory acts, such as money laundering and violations concerning foreign exchange best practices. …
Video: Legal Protection International on Regulation
Around the world today, litigation investors and their friendly regulators are grappling with various notions of third party funding regulation. The common concern related to litigation finance regulation is preserving and cultivating innovation, while embracing regulatory advancement. Legal Protection International hosted a webinar with leaders across the litigation finance industry to discuss the hot topic…
Directors Who Manipulate ESG
As “green values” are still being defined by corporations around the world, public attention is playing a major role in holding corporations accountable for mistreating ESG investment(s). In the United Kingdom, many are calling for directors to be held personally responsible for misapplication of ESG funds. Especially when a company goes into insolvency and there…
Utah to Require Litigation Investment Disclosure(s)
Utah legislators have enacted a new law for commercial lenders, who are now required to file loan details with the state. Commercial litigation funders are included in the Utah legislation, but only when lending amounts lower than $1M. New York and California have issued similar legislative guidelines in recent months as state governments look to…
CFO.com Discusses Litigation Investment and Corporate Recovery
Generally accepted accounting principles (GAAP) call for litigation expenses to be accounted for during month/quarter of incurrence. Similarly, GAAP holds future recoveries vacant on the balance sheet until award(s) are recovered, oftentimes years in the future. For companies self funding meritorious litigation, application of GAAP may produce a balance sheet that undervalues the firm’s worth….
