Category Archives: Regulatory Issues
PACCAR Ruling Creating Potential Rifts Between Funders and Clients
In the immediate aftermath of the Supreme Court’s PACCAR ruling, industry commentators recognized the impact that this judgement would have on future litigation funding agreements (LFAs), as well as on funded cases which are still ongoing. At an industry conference this week, one leading barrister acknowledged that they are already seeing the first signs of…
LF Dealmakers Panel: The Great Debate: Trust and Transparency in Litigation Finance
The day’s featured panel included a discussion around ethical challenges and conflicts of interest, impacts on attorney-client relationships, developing a regulatory framework, and balancing the benefits vs. the risks of litigation funding.
Law Professor and Funder Offer Response to House Hearing on Litigation Funding
Although calls for the regulation of third-party litigation funding are neither new nor uncommon, as LFJ reported earlier this month, a hearing in the US House of Representatives placed these familiar critiques within an explicitly political lens….
Will The UK Supreme Court Decision In PACCAR Affect Hong Kong Litigation Funding?
The Hong Kong Department of Justice’s approach to litigation finance and third party funding is coming into greater focus following the UK Supreme Court’s July 26, 2023 ruling on R. (on the Application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28….
Opportunities for Intra-EU Treaty Award Enforcement in the UK
Whilst it does not receive as much coverage as patent litigation or class action funding, the opportunities for litigation funders around investment treaty disputes are becoming increasingly tangible. As we have seen in the last year, whether it is disputes around bilateral investment treaties or the Energy Charter Treaty, one of the most important considerations…
Kennedy, Manchin introduce bipartisan Protecting Our Courts from Foreign Manipulation Act to end overseas meddling in U.S. litigation
Sen. John Kennedy (R-La.), a member of the Senate Judiciary committee, and Sen. Joe Manchin (D-W.Va.) today introduced the Protecting Our Courts from Foreign Manipulation Act of 2023 to stop foreign entities and governments from funding litigation in America’s courts.
Landmark New York Court’s Decision Strengthens the Future of Litigation Funding
The following piece was contributed by Guido Demarco, Director and Head of Legal Assets at Stonward.
In a groundbreaking legal battle that pitted Petersen Energía SAU and Petersen Energía Inversora SAU[1] (the Petersen Companies) against the Republic of Argentina, the recent decision by the District Court of Southern District of New York has far-reaching implications for the litigation funding industry. This landmark ruling reaffirms the critical role litigation funders play in providing access to justice, particularly in complex cases involving powerful sovereign entities.
House Committee Hearing Sees Representatives Spar Over Litigation Funding
As LFJ reported last week, litigation funding has once again found itself in the crosshairs of critics and lawmakers, with the House Committee on Oversight and Accountability holding a hearing on the industry to ‘examine how left-wing activists have hijacked America’s legal system’. …
New Zealand’s Prime Minister Expresses Support for a Formal Class Action Regime
Class actions have been proven time and time again to be an immensely valuable tool for consumers and communities to seek justice against large corporations and institutions, with litigation funders often playing a crucial role in supporting these claims. However, there are still many jurisdictions, such as New Zealand, where there is no formal class…
House Oversight Committee Announces Hearing to Investigate ‘Left-Wing Activists’ Use of Litigation Funding
Opposition to the use of litigation funding and calls for increased regulation of the industry are not uncommon, but have traditionally focused on claims that the practice incentivizes frivolous litigation, or that the lack of transparency is damaging to the judicial system. However, a new hearing announced in the US House of Representatives takes on…
