Category Archives: Regulatory Issues
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….
The Rise of Worldwide Asset Freezing Injunctions
The notion of worldwide asset freezing is coming into play as a court approves Harbour Underwriting’s cross-undertaking insurance policy, one of only a handful in the history of global litigation. Given the unusual nature of the policy, many legal scholars expect worldwide cross-undertaking insurance policies to grow in demand as the litigation finance industry becomes…
Republic of Cyprus Law: Engaging Litigation Finance Across Europe, UK
Public policy from the Republic of Cyprus has evolved to support the use of litigation finance and third party investment. A judge in Cyprus has recognized litigation agreements from all European Union countries, the United Kingdom and common law jurisdictions. Litigation Finance Journal has collated 11 highlights to the new policy out of Cyprus. …
American Bar Association on Litigation Investment Misconceptions
The American Bar Association (ABA) serves as the United States’ legal representative aiming to further national ideals related to liberty and justice. ABA provides members with various tools to maximize professional success, while setting a high standard for legal innovation across the nation. ABA suggests that litigation finance is a tool to increase attorney/firm profitability,…
The Chicago Daily Law Bulletin on Litigation Finance Ethics
As third party funding markets around the world mature, regulatory scrutiny will continue. Attorneys looking to engage in funding arrangements that are in contrast with ethical guidelines may be reprimanded in various ways, including censure. …
