Category Archives: Regulatory Issues
New Research Suggests UK Public are Skeptical About Funder Involvement in Class Actions
Litigation funders in the UK have been increasingly vocal about the potential for a surge in mass class actions, paralleling the rise in large-scale class actions in other prominent jurisdictions. New research demonstrates that whilst funders and law firms may be optimistic about these opportunities, the general public remain largely skeptical towards the practice, although…
Chamber of Commerce Poll Finds Majority of US Voters Support Disclosure of Litigation Funding
With the issue of disclosure at the forefront of industry commentary, those who seek to limit the influence of third-party funding are ramping up pressure to have legislation enacted which would mandate disclosure of funding agreements. Following on from a recent study, which argued that third-party funding posed a risk to America’s national security, the…
New Zealand Funders Call for Changes to Method of Awarding Costs
The primary benefit of litigation funding for plaintiffs is the ability to seek justice where they lack the capital to cover the costs involved in the process. However, the current system of awarding costs in New Zealand has come under criticism from a leading funder, who argues that the current method of costs being awarded…
Omni Bridgeway Analyzes Potential Pathways for Irish Legislative Reform
As reported by LFJ in September, the Irish government announced plans to introduce legislation permitting litigation funding for international arbitrations and disputes. However, the exact roadmap for what kind of regulatory system will be adopted is yet to be defined, as we wait to see which other jurisdiction Ireland will emulate….
Chamber of Commerce Claims Litigation Funding Represents Threat to National Security
While litigation funding is seen by many as a vehicle for widening access to justice and changing the balance of power in favour of consumers and plaintiffs who lack the capital to seek legal redress, there are institutions who view it as a nefarious influence on the legal system. The U.S. Chamber of Commerce has…
ICSID’s Secretary-General Reflects on Developments and Rule Changes for Third-Party Funding
International arbitration and dispute resolution remains one of the most complex and wide-ranging areas which litigation funders are involved in. The International Centre for Settlement of Investment Disputes (ICSID) sits at the heart of this activity, and its leadership is well-placed to observe the latest developments and trends, as demonstrated by a recent interview with…
Patent Counsel Argues Litigation Finance is Exploiting Weak Patent Approvals
There has been plenty of commentary in recent months arguing that litigation financing has revolutionized the patent dispute market, providing an invaluable asset to inventors and patent holders who have been unjustifiably exploited by corporations. However, this viewpoint is not unanimously held, and some industry figures believe that the presence of third-party funding is doing…
Industry Leaders Discuss the Value of Disclosure
One of the hot topics of discussion for litigation finance leaders, regulators and commentators, is the extent to which disclosure of third-party funding needs to be mandated and enforced. With numerous examples of judges highlighting this issue in ongoing cases, and legislators proposing reforms to disclosure rules, the debate appears to be growing in importance….
Omni Bridgeway Weighs In on New Zealand’s Proposed Class Action Reforms
As regulation continues to be the subject of debate in the litigation funding industry, the differences in approach across jurisdictions has shed light on wider issues of legislation covering litigation. In New Zealand, this has most recently manifested through the government’s review of its class action regime and the impact of litigation funding….
Deminor’s CEO Argues the EU’s Proposed Fee Caps Would Harm the Industry
As Litigation Finance Journal has reported in recent weeks, the response to the EU Parliament’s approval of the Voss Report has been largely negative from industry leaders across the continent. Whilst funders and law firms alike recognise the need for regulation and oversight, the specific proposals in the report have been criticised for addressing problems…
