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There have been far-reaching developments in both the growth and regulation of legal finance in Asia Pacific in 2019. The outlook for legal finance remains overwhelmingly positive as the industry matures and becomes increasingly prevalent.

For a corporate litigant, pursuing a claim as an individual plaintiff could mean getting back three to ten times more than it would by remaining a regular class member. Legal finance providers like Burford help CFOs and GCs understand and value their opt-outs so they can make thoughtful decisions about their litigation and uphold their fiduciary duty.

Savvy companies are thinking about litigation as a revenue-generating activity—but many don't know where to start. We share the four steps in-house lawyers can take to develop a programmatic approach to assessing litigation and building effective affirmative recovery programs.

In 2022, creditors with unpaid judgments may continue to face severe resource constraints as well as obstacles in recovering monies owed to them, as recalcitrant debtors continue to evade enforcement. As courts reopen and countries adopt new regulations, asset recovery expertise will play a key role in creditors’ enforcement strategies.

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.