Category Archives: Regulatory Issues
Should We Be Concerned About Funder/Law Firm Partnerships?
As the litigation funding industry grows, many newcomers are flocking into the sector. This in turn has led to a number of mergers and new partnerships between funders. But what about partnerships between legal firms and litigation funders? Is this a conflict of interest? Will clients be limited in their choice of funders?…
Singapore Introduces Path to Conditional Fee Agreements
Singapore recently passed a Legal Professional (Amendment) Bill that permits CFAs (conditional fee arrangements) in international arbitrations. This change, introduced by the Legal Professional (Amendment) Act 2022, is said to improve the options to share risk among the involved parties….
Australian Chief Justice Weighs in on Class Action Debate
Chief Justice James Allsop has a lot to say about class action reform in Australia. He asserts that class actions have an inherent public benefit—one that’s in constant danger of being minimized or even forgotten. This came within days of AG Michaelia Cash revealing that the government would not continue its quest for litigation funding…
How State Laws Can Impact Litigation Funding
Can the medieval doctrines of champerty and maintenance impact litigation funding agreements today? Most jurisdictions have abolished the outdated concepts prohibiting anything that looks like third-parties betting on litigation—but it still behooves counsel to know the laws of their case’s jurisdiction. …
Draft of Australia’s Amendment to Improve Outcomes for Litigation Funding Participants
The future of the litigation funding marketplace in Australia is a hot topic of late. Canberra (Australia’s capital city) is putting pressure on litigation investor returns by suggesting a 30% cap on the ROI of litigation agreements. Citics of Canberra’s blanket move are furious, many alluding that any such mandate will stifle access to justice. …
The Complexities of Third-Party Legal Funding in India
Litigation Finance is alive and well in India and was affirmed to be in line with public policy since the Ram Coomar Coondoo and Others v Chunder Canto Mookerjee (1876) case. Like most other jurisdictions that have embraced the practice, Indian courts accept that litigation funding expands and promotes access to justice. Furthermore, India has…
Fifth Circuit Rules on Lack of Standing
‘Locus standi’ or ‘standing’ is a law definition that sets conditions on legal remedies. The overall premise is that the court must be convinced of adequate details of connection to, and harm resulting from, a particular legal action or legislation. The opposite of standing is ‘lack of standing’ … And that is exactly how the…
Developing Law and Litigation Funding in Israel
Courts have established a welcoming environment for third-party legal funding in Israel. Individual issues still remain vague, as no comprehensive rulings governing funding have been issued. Still, courts have responded positively to funding, which led to rapid growth in both liquidation and general litigation….
District of New Jersey Litigation Funding Transparency Rule 7.1.1
It’s been nearly seven months since District of New Jersey Local Rule 7.1.1 came into effect. The rule requires disclosure of the existence of third-party litigation funding within 30 days of filing a case. This includes the identity of the funder, a description of the funding agreement (but not the full agreement itself), and a…
Aussie Funders Want to “Save Class Actions”
There is a third party funding battle playing out in Australia. The argument Omni Bridgeway, Vannin Capital, ICP, Litigation Lending and Balance Legal Capital are making Is that the Australian government’s proposed 30% cap on litigation investment compensation is egregious. …
