On January 31, the Chair of the U.S. Chamber of Commerce’s Institute for Legal Reform sent a letter to the Advisory Committee on Rules of Practice and Procedure advocating for a change to the federal rules concerning disclosure of litigation finance.
As appetite for antitrust litigation continues, clients’ competition strategies must increasingly cater to coordinating proceedings in multiple jurisdictions.
The volume and breadth of global securities litigation continues to grow—especially as Europe and Asia become increasingly attractive venues for US asset managers to pursue recoveries against issuers accused of fraud. As the market evolves, funders will need to address heightened expectations from their clients.
With legal departments having already undergone a remarkable evolution, a new generation of value-driven GCs are using legal finance to pursue meritorious matters that generate cash without adding risk.
Burford Director Quentin Pak answers a series of questions on litigation finance in Asia, and Burford’s tremendous opportunity for growth in the region.
Australia is the birthplace of litigation funding, yet the evolution of funding in the country has largely stalled. With the introduction of innovative funding models, the availability of capital in large-scale commercial matters and clarification around the role of funders, legal finance is coming of age in Australia.
In 2019, we expect legal departments to continue to become more commercially-minded, and will increasingly utilize legal finance to create certainty around litigation costs and to pursue affirmative recoveries without adding expense or risk to corporate balance sheets.
To identify trends in legal finance, provide clarity and seek out perspectives, Ari Kaplan Advisors interviewed a cross-section of law firm and legal department leaders from around the world. The results of the research reflect a promising future for legal finance—though certain misconceptions about its use remain.
As numerous industries grapple with the rising number of bankruptcies amidst economic uncertainty, rising interest rates, and a potential global slowdown, stakeholders should seek innovative solutions like legal finance to ensure creditors are made whole.
As markets fluctuate and more jurisdictions emerge as hubs of commerce, we expect a greater demand for complex cross-border enforcement and asset recovery solutions in 2019.