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Perspectives From a Litigation Funder: The Case for Sensible Disclosure

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Shutterstock The market for commercial litigation funding has exploded in the United States. Following years of successful funding relationships among law firms, litigants and claimants in more mature funding markets overseas, the U.S. legal market has seen professional litigation funders either import their methods, measures and access to capital to a budding market or otherwise create successful litigation funding shops based here in the United States. Proponents of litigation funding are legion; they laud the investment of capital in the legal market, the increased access to justice and the resolution of disputes based on the merits of the case instead [...]

Why Is CRE Litigation Growing?

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Commercial real estate litigation is on the rise. Law firm Crosbie Gliner Schiffman Southard & Swanson has added to its litigation team, welcoming Sean Gaffney as senior counsel. According to Gregory Markow, head of the firm’s litigation practice group, Gaffney’s presence will be especially invaluable as the firm has seen a significant rise in commercial real estate related litigation cases. While there are many events contributing to this trend, Markow says that market uncertainty is among the causes. “There is no single factor; however, we believe that market uncertainty is causing market participants to start to ensure that every last [...]

Why Is CRE Litigation Growing? – GlobeSt.com

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Commercial real estate litigation is on the rise. Law firm Crosbie Gliner Schiffman Southard & Swanson has added to its litigation team, welcoming Sean Gaffney as senior counsel. According to Gregory Markow, head of the firm’s litigation practice group, Gaffney’s presence will be especially invaluable as the firm has seen a significant rise in commercial real estate related litigation cases. While there are many events contributing to this trend, Markow says that market uncertainty is among the causes. “There is no single factor; however, we believe that market uncertainty is causing market participants to start to ensure that every last [...]

Litigation privilege under the spotlight in the Court of Appeal – Lexology

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The scope of litigation privilege was recently addressed by the Court of Appeal in WH Holding Limited -v- E20 Stadium LLP [2018] EWHC 2784 (Ch), in a decision which will be of interest to all those involved in the litigation process in this country. The key question before the Court was “whether litigation privilege extends to documents which are concerned with the settlement or avoidance of litigation where the documents neither seek advice or information for the purpose of conducting litigation nor reveal the nature of such advice or information”. This question arose in the context of an underlying dispute [...]

Managing Warranty, Recall, And Litigation Risk For Automotive Suppliers – Consumer Protection – Unit…

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While total vehicle recall campaigns are likely to be less in 2019 compared to prior years, it is likely that the recent trend of elevated numbers of lower volume recall campaigns will continue, including those increasingly involving electrical system components. The increased pace of the introduction of new technologies and software integrated into new vehicles also will create new areas of risk for automotive suppliers in the coming years. As a focus of liability shifts away from human drivers and toward electrical system components and their software, managing warranty and recall risk will be key for suppliers of these components. [...]

Avoiding real estate litigation

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Regina lawyer Rodger Linka became increasingly disillusioned about the litigation process. In a transition period after practising law for 40 years, he took a serious look at the alternative dispute resolution process, recently becoming a mediator. Saskatchewan, like some other Canadian jurisdictions, adopted mandatory mediation for civil actions. There, it takes place after pleadings are filed and before any other steps in the litigation are taken. For Linka, who practises at Linka Howe Law Offices, it’s not a perfect system and there is plenty of headway to make, but “it is a recognition that the courts are trying to find [...]

Fiat Chrysler said to be poised to settle US criminal, civil litigation over diesel emissions – Auto…

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WASHINGTON -- Fiat Chrysler Automobiles is nearing a settlement with the U.S. Justice Department that would end a two-year criminal investigation into whether it knowingly sold diesel vehicles that violated clean-air rules, two people familiar with the matter told Bloomberg.  The resolution would include a financial penalty in line with Fiat Chrysler’s guidance to investors, one of the people said. The company is also getting closer to settling related civil litigation over diesel-rigging allegations, a third person said. Fiat Chrysler set aside $810 million in October for expenses related to all diesel probes. A settlement of the civil litigation could [...]

Goldman Sachs’ apology won’t mitigate 1MDB litigation risk

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How far will Goldman Sachs’ apology to the “Malaysian people” for its role in the multi-billion dollar 1Malaysia Development Berhad (1MDB) sovereign fund scandal go to mitigate the investment bank’s rising litigation risk and potential future payout of massive fines? David Solomon, Goldman’s chief executive officer, said on a conference call with analysts on Wednesday that Malaysia had been “defrauded by many individuals” and that Goldman’s ex-Southeast Asia managing director Tim Leissner “was one of those people.” The Malaysian government filed a criminal case against Goldman in a local court on December 17, charging that the bank made false and [...]

Non-litigation justice needed “but robots not answer” – Legal Futures

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Barendrecht: Innovation in legal space potentially lucrative Most people around the world cannot find a just solution to their legal problems, so a new ‘value proposition’ is necessary that provides user-friendly justice at scale, is not based on litigation for resolution, and has legal aid lawyers joining with innovators, according to a massive study. However, the future of justice was not “robotic judges or artificial intelligence layered like frosting on a poorly baked cake”, it said. To produce Understanding justice needs: the elephant in the courtroom, Netherlands-based HiiL – the Hague Institute for Innovation of Law – used United Nations [...]

Litigation privilege and the ‘dominant purpose’ test: ENRC decision applied

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Did last year’s landmark Court of Appeal decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) alter the application of the ‘dominant purpose’ test for litigation privilege where a document is brought into existence for multiple purposes, one of which is for use in litigation? The answer is ‘no’, according to a recent decision by the High Court. The Court confirmed the well-established principle that, for a claim to litigation privilege to succeed where a document is created for more than one purpose, litigation must be shown to be the dominant purpose on the facts. Background [...]