Stay on top of regulatory updates taking place throughout various jurisdictions across the globe.

The extent and scope of litigation funding liability is being questioned, after a High Court ruled the funder was liable for costs predating the litigation funding agreement (LFA). 

Interesting insights into the modernization of rules and processes regarding litigation and international arbitration treaties have been published by Litigation Capital Management (LCM). Themes suggested include the growing demand for…

The following piece was contributed by Lillian Rizio and Max Hensen of Australian law firm, Piper Alderman. 

The Full Federal Courts’ decision in Parkin v Boral Limited (Class Closure) [2022] FCAFC 47 (Parkin) confirms the courts’ power to issue pre-mediation (and settlement) soft class closure notices to group members. The decision hints at the (positive) appetite of the Federal Court in making future orders for class closure that facilitate a just outcome,[1] simplifies the assessment of quantum prior to settlement, and reduces an element of risk in funded litigation.

Actuarial Post reports that Insurance Europe has joined a group of associations lobbying European Union legislations to engage regulation to rein in unsavory third party litigation funding practices. According to…

Litigation Finance Journal has been covering Delaware’s Chief Judge, who has ordered  disclosure of litigation finance agreement details, in a move the court claims helps provide funder transparency (akin to…

As litigation finance grows in popularity, the industry will be on the hook for responsibility associated with confidential client information. Right now, litigation investment facilities hold inherent third and fourth…

Scotland continues to advance new and innovative ways for businesses to thrive via alternative financial vehicles. On May 25, 2022 Scotland’s Parliament introduced a new bill titled, “Moveable Transactions (Scotland)…

The International Comparative Legal Guide (ICLG) reports that at London’s International Disputes Week attorneys discussed the complicated intricacies of State-investor energy litigation. State governments are becoming more aggressive in entertaining…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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….

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…

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…

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…

Tricky case law can creep in when least expected. With funders serving as members of the litigation team of advisors, some aim to include litigation investors as co-claimants. The Paris…

Trade restraints, fixing prices and monopolistic tendencies often breed the essence of unfair competition. Complicating the picture, cross-border litigation requires an increasingly sophisticated, techno-scientific approach to win potential multi-district damages….

Cadwalader, Wickersham and Taft LLP, sports a rich 225 year history, and is widely recognized as one of the pioneers in legal innovation. For example, Cadwalader won recognition for leading…

The World Bank hosted member states of the International Center for Settlement of Investment Disputes (ICSID), which approved a landmark set of rules meant to guide dispute resolution between international…

Ireland’s population has experienced a long history of affordability challenges when accessing the Irish court system. The Chief Justice of Ireland’s Supreme Court has issued new guidance that hints at…

International arbitration has experienced an uptick in activity over the past decade, with litigation finance driving increased accessibility to quality arbitration outcomes. Hong Kong and Singapore have both passed regulations…

There is an ongoing argument against the global litigation finance community purporting that litigation investment is a key driver of social inflation. Many critics of the growing litigation finance ecosystem…

A recent decision by the High Court of Australia (HCA) expanded the scope of s596A of the Corporations Act 2001, regarding public examinations and who has standing to conduct them….