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Regulation of the Litigation Funding market

Today, the litigation finance market is predominantly a “grey zone”. There is no universal regulatory framework governing litigation funding. As a result, the way regulators have opted to tackle the matter, varies greatly from one jurisdiction to another. Some states have legislated on the matter, while others have left it up to the courts to...
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Strong ESG Aspect to Litigation Funding

Environmental, Social and Governance (ESG) considerations have received a lot of attention over the past couple of years when it comes to investments. With the growing number of opportunities available on the market, investors are searching for differentiating factors, “responsible investing” being a very attractive one. This growing demand has naturally brought with it a...
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Litigation Funding and Insurance

To manage and mitigate risk, certain litigation funders use insurance when funding legal cases. Insurance also serves as a powerful tool to reassure investors and make litigation funder’s investment proposal more attractive to them. After-The-Event (“ATE”) insurance or adverse costs insurance is the most widely used form of insurance. It protects against the risk of...
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Why do law firms seek out loans from litigation funders rather than opt for traditional financing ?

This is one of the most frequently asked questions from investors trying to understand the litigation funding sector. It is a valid question, as one might expect that more “traditional” financing options would be available. However, for several reasons, these options are usually not suitable for law firms, which is why they turn to specialized...
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The Efforts to Green the Iron and Steel Sector

Iron and steel production is a dirty business – or at least it has been historically. By various measures, the business of mining and processing iron makes up 7% of the global carbon dioxide emissions. Turning iron into steel is figured to contribute 1.8 tons of CO2 for every ton of steel produced, including the...
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Why Japan is looking more attractive in the current environment ?

Many investors are turning more attention this year to Japan than they have in previous years.  Here are some reasons why Japan is looking more attractive in the current environment: Many of the companies in Japan are making medium to long-term growth plans – This will lead to EPS growth and thus to market price...
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How law firm lending differs from traditional single-case funding

Funding law firms or the claims themselves? These might sound similar, but in essence they are two very different activities. They differ, amongst others, in terms of the due diligence process that is carried out and in terms of the risk-return associated with the strategy. Due Diligence Process When a funder decides to directly invest...
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Different forms of litigation funding for different investment strategies

To understand litigation finance, it is important to comprehend the different forms of litigation funding that are available. The three main types of funding that are offered by litigation funders are:     Single-case funding The funder provides funding for a legal claim on a one-off basis in exchange for an agreed return if the case...
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Is China necessary ?

The first week of March is always the time when what bills itself as “the largest mining trade show in the world” takes place in Toronto, Canada, an event named Prospectors and Developers of Canada Exhibition – referred to as PDAC. It is a big show, with over 20,000 attendees over a five day run,...
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The rationale and benefits of litigation funding

The key takeaway regarding litigation funding is that it promotes access to justice. Access to the justice system is very expensive and time consuming. This alone is enough to deter individuals with deserving claims from seeking legal advice. Oftentimes, individuals are also simply not aware that they have a legal claim or may believe that...
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