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Among the many changes we have seen in the legal finance market in 2021 is the growth of a new financeadjacent product: Litigation insurance policies on affirmative recoveries. The providers in this market are the same large insurance companies that for years have offered defense-side litigation products to insure litigation spend and liabilities.

The Australian Centre for International Commercial Arbitration (ACICA) recently approved and adopted the 2021 Edition of the ACICA Arbitration Rules and Expedited Arbitration Rules.

In the spring of 2021, Burford Director Jeffery Commission asked a group of trial attorneys, arbitration leads and dispute resolution specialists in the energy sector about major risks and opportunities in the oil and gas industry following the pandemic. Their insights are gathered and excerpted below.

In both the US and Europe, anticompetitive behavior in key industries has drawn the scrutiny of governments and regulators, not to mention efforts by companies harmed by this behavior to be made whole. Learn how companies will alleviate the timing and cost risk traditionally associated with antitrust cases in the year ahead.

As Asia-based companies consider how best to enforce their US IP, it is incumbent upon them to take advantage of the financial tools at their disposal.

Corporations are increasingly investing in affirmative recovery programs that can transform legal departments from cost centers to revenue generators for the business.

In recent years, more corporations are choosing to opt out. Recent research commissioned by Burford reveals that companies have tens of millions of dollars in class action claims, which could be generating significantly more recoveries if pursued as an individual plaintiff. Considering in-house counsels’ top reasons for remaining in the class are economic, it’s no surprise that respondents say the availability of a finance solution would positively impact their class action strategy.

Hon. Andrei Iancu, former Under Secretary of Commerce for Intellectual Property & Director of the US Patent and Trademark Office, and current Partner at Irell & Manella LLP, spoke with Burford Managing Director Katharine Wolanyk about the intellectual property laws and US global competitiveness at the 2022 Annual ILFA Conference in New York.

With European regulators increasingly cracking down on anticompetitive behavior, and instances of largescale fraud and corporate misconduct likely to be unveiled by a down economy, collective actions are an important mechanism for commercial parties to seek redress.

With judgments and awards involving Chinese entities on the rise, asset recovery expertise will play a key role in creditors’ enforcement and recovery strategies.

In late 2022, Burford organized a securities litigation symposium with in-house counsel from some of the world’s largest asset managers and partners from leading global law firms that represent investment funds in securities litigation.

Monetizations and assignments are used by businesses throughout Europe to de-risk and advance the potential value of pending claims and awards.