Covid-19 Eyes and Ears – Home

Trade Secrets Expert: Stephanie Southwick

There are a number of reasons for the spike in IP cases experienced in recent years. These include the passage of the Defend Trade Secrets Act, as well as increased use of litigation funding—which has allowed small and medium-sized businesses the funds they need to pursue IP claims. To better serve clients in this area, Omni Bridgeway brought in Stephanie Southwick in September 2019.

Is Big Law Ready to Accept the Death of the Billable Hour Model?

A new survey by Blickstein Group and Legal Value Network suggests that large law firms may be more open to the idea of non-traditional fee arrangements. At the same time, more than half of the survey respondents assert that attorneys' resistance to change is the most difficult aspect of adopting new payment models.

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Building a New Law Firm in the Time of COVID

Hosted by Jim Batson, the newest episode of Omni Bridgeway’s podcast features Ariana Tadler, founder of Tadler Law. Baston runs Omni's New York office and serves as Senior Investment Manager. Tadler is an accomplished class action litigator and a global authority on e-Discovery. She is a founding member of Meta-e Discovery, which does consulting and data hosting.

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COVID Woes Make Litigation Funding Even More Inviting

In the past year, COVID has wreaked financial havoc, business interruption, and court delays. It has also led to spikes in specific types of litigation. With that in mind, Litigation Funding is enjoying a resurgence that appears to be here to stay. A legal firm that typically relies on fees from clients may find itself in dire financial straits. Even a firm that’s meeting its goals for billable hours may find that clients are less able to pay.

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Australian Insurers Unified in Denying Policy Claims for COVID

There’s no apparent end in sight to the legal battles between insurers and policyholders with regard to business interruption and COVID. At least five law firms are looking at potential class actions against insurers denying that their business interruption policies do not cover pandemics.

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Turning Litigation into an Advantage in the Wake of COVID

Most business owners are feeling the pressures of COVID. Startups and established brands alike are finding new challenges to overcome as they negotiate lower sales figures, supply chain hassles, and budget shortfalls. But solutions are available if you know where to look.

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Thoughts on Legal Tech and COVID

Senior Investment Manager and Head of Omni Bridgeway’s offices in New York, Jim Batson, recently hosted Omni's Beyond Hourly podcast. Batson is a former commercial litigator and law firm partner. The podcast features Ariana Tadler, founder of Tadler Law.

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Business Interruption Insurers Play Hardball with Policyholders

What happens when you take every precaution only to be let down by your insurer? That’s what Josephine Woodberry is asking. She purchased a business interruption insurance policy for her dance studio in Preston, near Melbourne, only to discover she wasn't actually covered.

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Insolvency Claims in 2021

Given the impact of COVID, insolvencies are on everybody’s mind--how to avoid them or how to navigate them. Knowing what to do when you find yourself in the middle of a business or personal insolvency is crucial. Litigation funding may be one of the most valuable tools in the insolvency toolbox.

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State Courts Feel the Impact of COVID-19

State courts face an array of challenges, only some of which are related to COVID. Budget cuts, ever-growing backlogs, logistical concerns, even constitutional challenges are impacting the legal world in myriad ways. Meanwhile, lawyers, judges, defendants—everyone is looking for ways to get back to some semblance of normalcy.

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Former Vannin MD Scott Mozarsky Talks Legal Tech During COVID

As the COVID pandemic continues to impact every area of business, legal professionals are finding ways to transition, diversify, and combat the challenges that face them. Legal tech in particular has had to adapt to the pandemic with lighting speed—with firms forced to discover new means of remote working, virtual meetings, and paperless filing.  

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COVID Litigation in Europe

Even before the pandemic gained a foothold, European courts felt the impact of COVID. Litigation over insurance, safety precautions, employment, and business interruption was rampant. Such litigation is only expected to grow—even after COVID is under control.

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Litigation Finance Evolves Through COVID and Beyond

It could be argued that Burford Capital is handling the pandemic better than most. The company transitioned to a remote working platform early on, and have adapted to what’s being called “the new normal” with aplomb. In the months that followed, courts, businesses, and even schools shifted to remote operations—meaning court cases could finally continue.

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Litigation Funders Find Fewer Sure Bets Due to COVID

One of the most attractive aspects of Litigation Finance as an investment is that it’s uncorrelated with the rest of the market. Even as the Coronavirus pandemic became increasingly impactful, funders assured investors that returns would remain high.

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Investor Caution in the Wake of a Hard Insurance Market

The insurance industry is facing a hard market thanks to multiple factors including the COVID pandemic. Hard markets are a time of high insurance premiums, more precise and complex underwriting, fewer policies being written, and a shrinking pool of competitors. With that in mind, insurers are raising money to make the most of opportunities as they arise. At the same time, investors are understandably cautious.

COVID and Medical Malpractice—Is Change Coming?

Since the impact of COVID, clinics and hospitals are besieged by new patients they can scarcely accommodate. Beds are full, basic supplies like PPE have run short, and even the best minds in medicine cannot agree on how to stop the spread of the virus. The only thing worse than being sick or injured may be to have that illness or injury exacerbated by an error by a medical professional.

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COVID Brings Tech-Savvy In-House Lawyers to the Forefront

Innovation and adaptability are key factors in every business trying to stay afloat during the current pandemic. Many law firm were quick to send workers home while finding remote working solutions to stave off loss of business. But as soon as some issues were managed, others cropped up. For example, the need for cybersecurity was heightened almost immediately.

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What’s Causing the Rise in Trade Secret Litigation?

Intellectual property can become a valuable asset, especially during an economic downturn. That may be why new patent lawsuits have increased over 15% in recent months. Trade secret litigation is likely to follow—which may be encouraged by the overwhelming availability of third-party litigation funding.

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Burford Hosts Roundtable on Restructuring and Liquidity

COVID continues to impact the business world in ways few were ready for. The already evident spike in insolvency and bankruptcy litigation is expected to grow in the coming months and beyond.

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Assisting Clients with Relationship Management During COVID

Contract disputes are expected to rise dramatically during and after COVID, causing disruptions across entire industries. How should commercial attorneys manage this in a way that helps clients, without overburdening a shrinking resource pool?...

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How GCs Can Mitigate Economic Pressure

In today's pressing economic environment, it's worth asking how GCs are dealing with the financial uncertainties of COVID-19? Fortunately, Burford Capital held a roundtable discussion on just this very topic. 

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Law Firms Utilize Lit Fin to Meet Obligations During COVID

The financial stressors caused by the global pandemic have touched nearly every industry. Legal firms are finding it difficult to cope with remote working conditions, court stoppages, and declines in billable hours—all while trying to address a huge influx in proposed litigation. One expert is confident that Litigation Funding is the ideal way to address shortfalls and keep budgets in balance.

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Curiam Capital Director Discusses Litigation Finance

Lauren Bernstein joined Curiam Capital LLC in March 2019. Her experience spans more than a decade. In this interview, she discusses starting her own business in 2014, why she chose to work in Litigation Finance, and how COVID impacts several parts of her life.

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Key Takeaways from LFJ's Digital Conference on Covid's Impact on Consumer Legal Funding

On June 11th, Litigation Finance Journal held a special digital conference on Covid's impact on the Consumer Legal Funding industry. The panel discussion was moderated by Dan Avnir, Managing Director at Bryant Park Capital. Panelists included Eric Schuller, President of the Alliance for Responsible Consumer Legal Funding (ARC), Kevin Confoy, Chief Risk Officer of GloFin, Paul Galsterer, Founding Partner of The Injury Firm, Lawrence Yablon, Partner at Robinson Yablon PC, and Anthony Sebok, Professor of Law and Co-Director of the Jacob Burns Center for Ethics in the Practice of Law at Benjamin N. Cardozo School of Law.  

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Will COVID-19 Mitigate Social Inflation?

Social inflation is a bit of a buzzword, used to describe a rising cost in insurance claims. Some say this is sour grapes from insurers who don’t want to pay out on pandemic-related policies. Others insist that social inflation is a real problem that, if left unchecked, can cause damage to the very concept of insurance.

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Canada Prepares for Increased Litigation and Third-Party Funding

Like much of the world, Canada is seeing an influx of insurance disputes connected to COVID-19. As more and more insurers insist that their business closure contracts don’t provide protections during a pandemic—businesses and private citizen alike are seeking access to justice.

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Litigation Finance Brings Hope to Those Hurt by COVID-19 Fallout

COVID-19 does more than sicken people. It’s brought with it a recession that may take years to mitigate. Businesses across the board are enduring hiring and wage freezes, furloughs, layoffs, and even outright closures. Even the legal community is not safe from the financial ravages of the pandemic.

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Litigation Finance to Maintain Momentum During and Post-COVID-19

Everything we know about the business world is changing, in no small part due to the Coronavirus. Retail outlets, restaurants, bars, theaters, and even insurance companies are feeling the crunch caused by stay-at-home orders, supply shortages, and staffing woes. Yet through it all, Litigation Finance is enjoying a surge of opportunity.

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COVID Case-Funding Displays Importance of Uncorrelated Investments

Tail Risk is a term used to describe a situation that’s unlikely to happen, but would have a profound impact should it take place. The current COVID-19 pandemic certainly qualifies. The disruption caused by the Coronavirus outbreak is affecting markets around the globe, yet despite the upheaval - or perhaps because of it - Litigation Finance is thriving.

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Surge in Consumer Legal Funding Interest Reveals Economic Realities in Wake of COVID-19

As the whole world struggles with COVID-19, existing economic disparities are heightened, and impossible to ignore. The pandemic has created an environment in which those already living paycheck to paycheck must now grapple with employers, insurers, and others who have let them down during this crisis.

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Class Actions Post Coronavirus—What Can We Expect?

The global financial crisis of 2008 brought with it a flood of class action litigation against big banks. A similar wave of litigation is expected in the post-COVID world. Indeed, it might be even more widespread. In recent years, the rules and procedures surrounding the formation of class action suits have become more sophisticated. Advances in the understanding and use of Litigation Finance make pursing class actions less complicated.

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'Pandemic Management' is Leading to Surge in Interest in Litigation Funding

The pandemic is far from over, but the steps that legal firms are taking to mitigate it have only just begun. Third-party funders are already seeing shifts in the way firms are approaching them. It’s not surprising that law firms will be creative and proactive in heading off financial woes before they occur—but it is startling how quickly things are changing.

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Declaratory Judgements Sought as Lawyers Prepare for COVID-19 Suits

It’s clear that insurers and policyholders are keeping a close eye on the law as it pertains to pandemics. Clauses in contracts specifically related to viral or biological agents will take center stage in new lawsuits that are sure to spring up after COVID-19 precautions have taken a heavy toll on businesses.

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Key Takeaways from the LFJ Webinar on COVID-19's Impact on the Litigation Funding Industry

On Thursday, Litigation Finance Journal held a special digital conference on how litigation funding and the broader legal services sector have been impacted by COVID-19. Ed Truant of Slingshot Capital moderated an expert panel, which included Eric Blinderman, CEO (U.S.) of Therium Capital, Paul Haskel, Partner at Richards, Kibbe & Orbe, LLP, and Ralph Sutton, Founder and CEO of Validity Finance. 

Baker Street Funding Is Experiencing A 50% Increase In Lawsuit Funding Applications Due To COVID-19 Pandemic

Baker Street Funding announced today as a result of the effects of the global pandemic, COVID-19 and because of the unprecedented global shutdown of business activities, many people (including people who depended on Baker Street Funding) do not have the opportunity to earn an income. Baker Street Funding has increased their funding applications by 50%.

Australian Government Rallies to Protect Insolvent Businesses

Australia is being extremely proactive when it comes to mitigating the impact of the Coronavirus outbreak. In addition to swift self-quarantine protocols and shutdowns, Australia has enacted the COVID-19 Response Act, which passed both houses of parliament. 

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How Applicable is Force Majeure in the Wake of COVID-19?

In less than two months, America has changed dramatically as we all pitch in to flatten the curve of COVID-19 infections. This has caused businesses to close or dramatically reduce hours, staff, and output. It has led to supply chain stoppage and the total disruption of life and business as usual.

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COVID-19 is Lengthening Time-to-Settlement, Which Impacts Litigation Funding

Court closures and the absence of many basic services have brought about a major slowdown in the way cases are settled or litigated. As we don't know how long COVID-19 isolation and quarantine will last, it's growing more and more difficult to assess the true cost of the increased time-to-settlement.  

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Key Takeaways from Boeing Bankruptcy Discussion with Aerospace Experts

Boeing is one of the cornerstones of the global aerospace industry, yet the company is experiencing tumultuous times. The grounding of its 737 Max airplane in the wake of the Coronavirus outbreak caused the company to book over $20Bn in charges, and some are worried about liquidity issues, and even bankruptcy. 

On Thursday, LFJ hosted a panel discussion with a pair of experts on the Aerospace industry regarding the fate of Boeing, and the future of the industry. 

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COVID-19 Fuels Legal Boom Times

The Coronavirus is having an impact on lawyers around the world. Right now, employers need advice on the best ways to react to employees who have contracted the virus, or those desperately trying to avoid it. From remote assignments to office closures, lawyers are needed to help companies navigate the uncharted waters of a modern pandemic. 

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