LFA Member Spotlight: Tonkon Torp LLP Caroline Harris Crowne, Ted Herzog and Anna Sortun are Tonkon Torp's lead LFA contacts. Caroline Harris Crowne is Co-Chair of Tonkon Torp’s Litigation Department. She has taken more than thirty cases to trial or final hearing and has resolved many more through motions and settlement. Caroline excels at presenting complex concepts in a way that makes sense to judges, juries, arbitrators, and other decision makers. She is recognized in both Oregon Super Lawyers and the Best Lawyers in America for her business litigation work. Theodore "Ted" Herzog is a member of Tonkon Torp's Real Estate & Land Use Group with a practice focused on real estate acquisitions, sales, leasing, financing, and development, particularly in the seniors housing market. He has been recognized by Best Lawyers in America for his real estate law expertise. Ted has been practicing law for over 34 years, all at Tonkon Torp. Anna Sortun is a member of Tonkon Torp’s Managing Board and former Co-Chair of its Litigation Department. She has a wide-ranging commercial litigation practice that includes contract litigation, business owner disputes, consumer protection matters, and complex tort cases. Over the course of her career, Anna has tried more than a dozen jury trials to verdict in state and federal court, and has ushered hundreds of cases to resolution. Anna was honored by the Portland Business Journal as one of its 2024 Women of Influence.
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Last week, Banton Group, as the solicitors for the Plaintiffs in the Sydney Light Rail class action, prosecuted a groundbreaking claim, which, if successful, would require the Defendant in those proceedings, Transport for NSW, to pay the for the Plaintiffs’ costs of obtaining litigation funding for the proceedings. The funding commission claim follows the decision handed down by Justice Cavanagh on 19 July 2023, which found that Transport for NSW’s failure to properly plan and procure the Sydney Light Rail Project (Project) had caused nuisance to the two representative plaintiff businesses, Hunt Leather and Ancio Investments (trading as Khing Thai). In order to bring the proceedings, the Plaintiffs (as well as other Group Members) entered into funding agreements with litigation funder, International Litigation Partners. Those funding agreements provided that the funder would pay all costs of the proceedings (including taking on all adverse costs risks) and, in exchange, the Plaintiffs agreed that, if they were successful, they would reimburse those costs, plus pay a percentage of their damages to the funder as a ‘funding commission’. At the hearing on 13 and 14 December 2023, we advanced three key arguments in support of plaintiffs’ claim for the funding commission to be included as a head of damage in the proceedings: First, compensation in tort law (including the law of nuisance) is intended to put the injured party in the same position as the party would have been, had the tort not been committed. In this case, we argued that this could only be achieved if the Defendant paid the funding commission because otherwise, the Plaintiffs would only receive the damages necessary to put them back into their previous position minus the funding commission. Second, to be recoverable in tort, damages must be a reasonably foreseeable consequence of the tort. Here, we argued that a funded class action (with the associated funding costs) was also a foreseeable consequence of Transport for NSW’s conduct because (a) Transport for NSW did in fact foresee nuisance claims and a class action arising from the Project as they were recorded as risks in its risk registers for the Project, (b) it is obvious that any nuisance claim or class action brought in relation to the Project would be costly to prosecute and beyond what individual Group Members in the proceedings could afford. Third, we argued that the rate of funding commission charged by the litigation funder in the proceedings is reasonable, given the significant cost and risks that were involved in bringing a nuisance claim against a government authority in relation to a major piece of public infrastructure. A decision on the funding commission claim is expected to be handed down in February or March 2024. Amanda Banton Elliott Smith Ross Garland Melissa Morgan (nee Crowley) #classaction #sydneylightrail #legal #law #bantongroup
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Litigation Finance: Key Considerations for Companies Litigation finance is reshaping how claimants pursue claims and manage business funding. When considering litigation financing, companies should evaluate the protection of sensitive information and the strategic implications of such funding. 1. Information Sharing with Potential Funders Investors need detailed information to assess the potential payoff of a case. They typically review the case's status, the experience of legal counsel, decisions on key motions, and their own experiences with similar cases. Funders may also rely on summaries or discussions with counsel to determine if the case meets their funding criteria. However, shared information might become discoverable, presenting a trade-off for companies to consider. 2. Disclosure Rules for Litigation Funding As litigation financing grows, so do the rules governing its disclosure. Some courts view funding arrangements as irrelevant to the case's merits, denying motions to compel their disclosure. Others require such disclosures through local rules. 3. Discovery of Funding-Related Information by Adversaries Before disclosing non-public information to potential funders, parties should secure a non-disclosure agreement. However, this agreement does not guarantee the protection of shared materials. Courts differ on whether a third-party funder shares a common interest with the client and whether the attorney work-product doctrine protects materials shared with funders. Some courts liken litigation funding decisions to business transactions not covered by attorney-client privilege, assuming disclosed information is commercial, not privileged. This may lead to a waiver of privilege over any shared privileged information. Conversely, some courts are more open to applying the work-product doctrine, if not the attorney-client privilege, to funder communications, viewing them as confidential and litigation-related, not intended for adversaries. These rulings are often fact-specific, so funding-seeking parties should anticipate privilege disputes. 4. Impact of Funding Arrangements on Strategy and Settlement Claimants should consider the control provisions in funding arrangements and their impact on settlement and other strategic decisions. Issues arise over whether a funder can continue litigation against the client's wishes and if the funder can replace the client as the plaintiff to seek a higher return. 5. Protecting Sensitive Information and Maintaining Control Litigation funding can support clients in managing litigation costs or monetizing claims that might otherwise go unpursued. However, due to varying court approaches to disclosure and privilege, companies must carefully protect sensitive information and scrutinize funding terms to ensure they retain control over significant decisions and resolutions. #thirdpartyfunding #litigationfinance #litigationfunding #legalfinance
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LFJ Member Spotlight: Ed Gehres of Invenio LLP Invenio LLP Co-Founder and Managing Partner Ed Gehres has worked on all sides of the litigation finance marketplace. Ed began his career as a defense-side trial lawyer at AmLaw 100 firms, then started doing plaintiffs-side work, served as a partner and practice group leader, and then developed a transactional practice that led to his work as General Counsel of an investment platform that had multiple litigation finance and services companies. Ed co-founded Invenio LLP to help level the playing field for civil justice. The firm works at the intersection of plaintiffs, the law firms that represent them, and the investors who see that they get their day in court. Leveraging this broad base of experience as litigator, lender, deal lawyer, and law firm leader, Ed now focuses on helping law firms and claimants navigate complex litigation finance transactions. Since Invenio LLP was founded in January of 2022, the firm has advised on nearly $500 million in credit transactions involving legal assets and has developed an emerging practice involving alternative business structures. Company Website: www.inveniolaw.com Year Founded: 2022 Headquarters: Invenio is headquartered in Washington, D.C. and has offices in Ft. Lauderdale, FL and Phoenix, AZ. Area of Focus: Invenio LLP is fully engaged in all aspects of the rapidly emerging litigation finance industry. The firm’s founding partners have each worked on multiple claimant funding and law firm loan transactions and have themselves litigated cases where law firm portfolio funding or third-party case funding was used. Our clients are law firms borrowing for their cases or portfolios, claimants seeking traditional third-party funding, lenders and insurers seeking assistance with underwriting and servicing of cases or portfolios of cases, and parties to litigation finance-related disputes or distressed transactions. We focus on case & portfolio underwriting; borrower & claimant-side representation; alternative business structures; and pre-settlement, post-settlement & medical lien funding. Member Quote: “I’ve shifted gears multiple times in my career. But I truly believe it was all leading to this important work in litigation finance. This is about ensuring access to the civil justice process. I view it as a life’s work.” https://lnkd.in/em2ekE5t #litigationfinance #litigationfunding #legalfinance #legalfunding #litfin #thoughtleadership
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Litigation Finance in 2023: A Year of Growth and Strategic Shifts As we reflect on the developments of 2023 in the legal industry, one area that stands out is the robust growth and evolution of litigation finance. This year marked a significant phase in the industry’s maturity, setting a strong precedent for 2024. 📈 Steady Growth Amidst Increased Demand The demand for financing in key practice areas has been a driving force behind the industry's growth. Despite ongoing discussions about the need for greater transparency, litigation finance has not only weathered these calls but also continued its upward trajectory. This optimism is not just speculative; it's backed by data. Results from Bloomberg Law’s 2023 Litigation Finance and State of Practice surveys, involving over 450 attorneys and 20 funders, highlight a collective agreement on the industry's steady expansion. 🎯 Focused Investment Strategies in 2024 Looking ahead to 2024, we're seeing a strategic shift in investment approaches. While certain practice areas will remain predominant in attracting investments, there's a noticeable trend towards diversification and exploring areas with long-term growth potential. A significant development is the move towards more targeted funding, particularly in cases with clearer success paths. 🔍 The Rise of Single-Case Funding A fascinating trend emerging is the preference for single-case funding over the traditional portfolio approach. This method, which involves funding individual cases either through law firms or directly to claimholders, is increasingly preferred for its potential to manage the inherent risks in funding lawsuits more effectively. According to Bloomberg Law's surveys, a substantial portion of funding is now being allocated to this model, signaling a strategic pivot in the industry. 🌟 What Lies Ahead As we venture into 2024, it’s clear that litigation finance is not just growing; it’s evolving with strategic foresight. This evolution presents new opportunities for both funders and lawyers to navigate the legal landscape more effectively. #LitigationFinance #LegalIndustry #InvestmentTrends #LegalTrends2024 #BloombergLaw #IndustryInsights
ANALYSIS: Expect to See Targeted Growth in Litigation Finance
news.bloomberglaw.com
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Litigating For Success: Understanding The Role Of A Business Litigation Attorney Business disputes and conflicts are an inevitable part of conducting business and as a business owner, you hope that they never escalate to the point of needing legal action. However, when every other option has been exhausted, litigation may be the only recourse left. An experienced business litigation attorney proves invaluable in such instances. https://lnkd.in/gGryiX5w #businesslitigation #lawyerlife #LegalInsights #corporatelaw #businesslaw #LegalBattle #realestate #intellectualproperty #businessattorney #legalhelp #protectyourbusiness #LegalInsights #businesslawyer #litigationsupport #LegalRepresentation Dunn Sheehan LLP Indeed FindLaw Pro Nolo Anthony Bogguess Bhumika Naik Jordan Sakamoto
Litigating For Success: Understanding The Role Of A Business Litigation Attorney
https://www.tycoonstory.com
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How To Handle Commercial/Business Litigation: https://bit.ly/3NP1And INVOLVED IN A COMMERCIAL DISPUTE? There are many cases that involve business and commercial ventures that can greatly benefit from the assistance of an experienced attorney. The Law Office of Bruce C. Bridgman can help you with the following areas of commercial litigation in Orange County: - Forming a business - Insurance - Leases - Contracts - Contract disputes - Forming an LLC - Forming an LLP - Forming a partnership - Business disputes - Partnership disputes When you need help with your commercial situation, you will be able to get the advice, counsel and representation that you need from Mr. Bridgman and his legal team. Business law can be confusing and difficult to understand if you aren’t familiar with the statutes and legal terms used. When you are trying to get a project moving, it can be very frustrating to be unable to navigate the California legal system. With the help of an experienced commercial litigation lawyer, you can achieve your goals. The laws governing formation of corporations and businesses can be especially confusing to individuals who are not familiar with their language and terms. An Orange County civil litigation attorney from the firm is fully prepared to help you to form your partnership, business, corporation or other entity. BUSINESS LAW IN ORANGE COUNTY: Commercial and business statutes are set in place to protect you when you are involved in a commercial or business situation. That is why it is important that you utilize these laws to their fullest extent when forming your corporation. With the help of your attorney, you can ensure that you are on the right track with your commercial litigation case. Contact us today for your free consultation. If we can help you, even if it's just to answer a question, please feel free to call our office anytime at (949) 679-4250. We're here for you! #Irvine #OrangeCounty #Lawyer #Attorney
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My latest blog on business law and business litigation.
Business Litigation: Understanding the Motion to Dismiss in Commercial Disputes
https://techandmedialaw.com
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How To Handle Commercial/Business Litigation: https://bit.ly/3NP1And INVOLVED IN A COMMERCIAL DISPUTE? There are many cases that involve business and commercial ventures that can greatly benefit from the assistance of an experienced attorney. The Law Office of Bruce C. Bridgman can help you with the following areas of commercial litigation in Orange County: - Forming a business - Insurance - Leases - Contracts - Contract disputes - Forming an LLC - Forming an LLP - Forming a partnership - Business disputes - Partnership disputes When you need help with your commercial situation, you will be able to get the advice, counsel and representation that you need from Mr. Bridgman and his legal team. Business law can be confusing and difficult to understand if you aren’t familiar with the statutes and legal terms used. When you are trying to get a project moving, it can be very frustrating to be unable to navigate the California legal system. With the help of an experienced commercial litigation lawyer, you can achieve your goals. The laws governing formation of corporations and businesses can be especially confusing to individuals who are not familiar with their language and terms. An Orange County civil litigation attorney from the firm is fully prepared to help you to form your partnership, business, corporation or other entity. BUSINESS LAW IN ORANGE COUNTY: Commercial and business statutes are set in place to protect you when you are involved in a commercial or business situation. That is why it is important that you utilize these laws to their fullest extent when forming your corporation. With the help of your attorney, you can ensure that you are on the right track with your commercial litigation case. Contact us today for your free consultation. If we can help you, even if it's just to answer a question, please feel free to call our office anytime at (949) 679-4250. We're here for you! #Irvine #OrangeCounty #Lawyer #Attorney #BusinessLawyer
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Navigate the legal maze of business with ease! 🏛️ Discover the 3 most frequent types of business litigation. #LegalKnowHow #BusinessBattles https://lnkd.in/dps8H2BJ
3 Most Common Types of Business Litigation
entrepreneurshipinabox.com
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McEwan Partners is pleased to be listed by Lexpert® as a “Most Frequently Recommended” Vancouver Firm for Litigation – Corporate Commercial. Lexpert’s extensive peer review process is designed to identify leading practitioners nationwide. McEwan Partners is also recognized in "2024 Commercial Litigation Lawyers Who’s Who: Vancouver" and the firm is ranked for matters related to Securities Law and Class Actions. To review the full McEwan Partners profile, please visit: https://lnkd.in/g3PZzppa Lexpert-Ranked Lawyers: Ken McEwan, K.C., Bob Cooper, K.C., and Emily Kirkpatrick were among Lexpert-ranked lawyers in the 2023 Lexpert Special Edition on "Canada’s Leading Litigation Lawyers" and continue to be recognized and recommended for the practice areas noted below in 2024: Ken McEwan, K.C: Most Frequently Recommended • Litigation – Corporate Commercial Repeatedly Recommended • Litigation – Directors’ & Officers’ Liability • Litigation – Securities Lexpert® /American Lawyer Guide to the Leading 500 Lawyers in Canada • Vancouver Leading Practitioners – Most Frequently Recommended o Litigation – Corporate Commercial Bob Cooper, K.C: Consistently Recommended • Litigation – Corporate Commercial Repeatedly Recommended • Litigation – Securities Emily Kirkpatrick Repeatedly Recommended • Litigation – Corporate Commercial
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