There is no legislation in effect in France to question the validity of litigation funding arrangements and in the only reported case
on litigation funding, the validity of funding agreements has been indirectly confirmed by the French courts.
The United States is a federal system and the rules
on litigation funding — more commonly referred to as legal financing — vary state by state.
Then there are also developments related to third party funding in the region, with the DIFC formally adopting a Practice Direction
on litigation funding in 2017, which may encourage an increase in the use of funding.
There was a debate in the House of Lords on the Legal Aid and Sentencing and Punishment of Offenders Bill which included half an hour
on litigation funding.
Since then, several lower court decisions, in Ontario have commented
on litigation funding or third party arrangements:
Not exact matches
NEW YORK, April 25 - Venture capitalist Peter Thiel
on Wednesday abandoned his effort to buy the irreverent news website Gawker.com, as part of a settlement freeing the billionaire from possible lawsuits for having secretly
funded litigation that led to its demise.
Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses
on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect
on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions
on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact
on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact
on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns
on pension plan assets and the impact of future discount rate changes
on pension obligations; 17) our ability to borrow additional
funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco
on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted
on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence
on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments
on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest
on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future
litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
NEW YORK, April 25 - Billionaire Peter Thiel
on Wednesday abandoned his effort to buy the irreverent news website Gawker.com, enabling the Silicon Valley venture capitalist to avoid a possible legal fight over his having secretly
funded litigation that led to its demise.
Such risks and uncertainties include, but are not limited to: our ability to achieve our financial, strategic and operational plans or initiatives; our ability to predict and manage medical costs and price effectively and develop and maintain good relationships with physicians, hospitals and other health care providers; the impact of modifications to our operations and processes; our ability to identify potential strategic acquisitions or transactions and realize the expected benefits of such transactions, including with respect to the Merger; the substantial level of government regulation over our business and the potential effects of new laws or regulations or changes in existing laws or regulations; the outcome of
litigation, regulatory audits, investigations, actions and / or guaranty
fund assessments; uncertainties surrounding participation in government - sponsored programs such as Medicare; the effectiveness and security of our information technology and other business systems; unfavorable industry, economic or political conditions, including foreign currency movements; acts of war, terrorism, natural disasters or pandemics; our ability to obtain shareholder or regulatory approvals required for the Merger or the requirement to accept conditions that could reduce the anticipated benefits of the Merger as a condition to obtaining regulatory approvals; a longer time than anticipated to consummate the proposed Merger; problems regarding the successful integration of the businesses of Express Scripts and Cigna; unexpected costs regarding the proposed Merger; diversion of management's attention from ongoing business operations and opportunities during the pendency of the Merger; potential
litigation associated with the proposed Merger; the ability to retain key personnel; the availability of financing, including relating to the proposed Merger; effects
on the businesses as a result of uncertainty surrounding the proposed Merger; as well as more specific risks and uncertainties discussed in our most recent report
on Form 10 - K and subsequent reports
on Forms 10 - Q and 8 - K available
on the Investor Relations section of www.cigna.com as well as
on Express Scripts» most recent report
on Form 10 - K and subsequent reports
on Forms 10 - Q and 8 - K available
on the Investor Relations section of www.express-scripts.com.
Among the topics
on the agenda: the evolution of shareholder activism and research findings about activist
funds» returns, the amended Shareholder Rights Directive (EU) 2017/828,
litigation and its effectiveness as tool for activist investors, and what can an issuer do to adequately address activists» new challenges.
On Tuesday, the U.S. Supreme Court heard oral argument in the Cyan, Inc. v. Beaver County Employees Retirement
Fund case, which addresses the preemptive scope of the Securities
Litigation Uniform Standards Act of 1998 (SLUSA).
We do not receive government
funding and rely
on donations to support
litigation keeping governments accountable to our Constitution including the Canadian Charter of Rights and Freedoms.
Thiel, who bid for Gawker's assets
on Jan. 10, also agreed to release claims against an eventual buyer and authors of articles
on the website, as well as not
fund new
litigation against Gawker over its archives.
Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to
fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance
on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened
litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report
on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.
IMF does not take
on borderline cases and internally, the
litigation funder is referring to the claims of deceptive and misleading conduct against Treasury Wine Estates as «egregious».
Mr Jones brings the claim
on his own behalf and that of other persons who have entered into the
litigation funding agreement with Bentham IMF.
The Farm to Consumer Legal Defense
Fund in America is one body doing that, initially through a focus
on litigation, but increasingly
on support for compliance and lobbying for legal reform.
There are currently excise taxes
on alcohol, tobacco, liquid vehicle fuels (for highways), oversized tires for large trucks (presumably for highways), airplane tickets (for the FAA and TSA), multiple aspects of the firearms industry, bows and arrows, vaccines (for a vaccine injury
fund), and in a variety of industries in support of marketing boards in those industries (although those cases have had mixed results in
litigation).
The UFT spent $ 4.1 million
on legal representation —
funds that are used to defend teachers brought up
on incompetency or misconduct charges, as well as for advice
on in contract negotiations and
litigation.
In a short video that has gone viral
on social media, the Deputy Majority Leader insisted that she contacted people she knew at the World Bank to
fund the construction of the project after assuring the Bretton Wood institution that she could secure them a
litigation - free land for the school project.
Capitalizing
on a boost to a historically anemic budget, Public Advocate Letitia James has emphasized the use of
litigation in her capacity as the city's elected gadfly, often suing the city that
funds her.
The Economic and Financial Crimes Commission, EFCC,
on Friday, January 22, 2016 arraigned the duo of Shehu Mustapha, Registrar
Litigation, Adamawa State High Court and Barrister Binanu R. Esthon, former Chairman, Nigerian Bar Association, Yola Chapter before Justice B.B Aliyu of Federal High Court sitting in Yola, Adamawa State
on a 4 - count charge bordering
on conspiracy and criminal diversion of
funds to the tune of N60million (sixty million naira).
To prevent any slippage, the report says, the federal government should reform the patent system to make
litigation less common, ease financial regulations that may impose special burdens
on start - up companies, and
fund research programs aimed at some of the field's biggest challenges.
Proskauer's private equity
litigation blog focusing
on disputes and regulatory matters unique to private investment
funds, including PE, VC, and hedge
funds.
Even when students and their families have been successful in school
funding litigation based
on state constitutions, many state lawmakers have resisted and evaded court mandates to provide equitable or adequate
funding.
Much of the
litigation, particularly early
on, centered
on the issue of
funding equity.
Litigation will continue nonetheless, because Ohio» the charter school law increases local districts» reliance
on the local property tax, which increases inequalities in school
funding, which leads to violation of the equal protection clause of the Fourteenth Amendment.
Schools need to be clear
on the risks involved and how the
litigation will be
funded.
Previously, he served as chair of the state of Georgia's Charter Schools Commission, the education policy advisor to Gov. Sonny Perdue,
on the staff of both of Gov. Roy Barnes» Education Reform Study Commissions, and as an expert witness for the state of Georgia in school
funding litigation.
She is lead counsel
on ACLU's education equity
litigation, including lead counsel for Community Coalition v. Los Angeles Unified School District, a lawsuit seeking to compel LAUSD to provide the proper amount of
funding and services to high - need students.
Other panelists included: Dr. Joe J. Bernal, former member of the Texas State Board of Education and former member of the Texas legislature, focusing along with Dr. Robledo Montecel
on the topic of «Historical Antecedents with Focus
on the U.S. vs. Texas Case ``; David Hinojosa, education
litigation attorney with the Mexican American Legal Defense and Educational
Fund (MALDEF), focusing
on the topic of «State Failing Students with Limited English Skills: The Justice Court Abrupt Reversal»; The Honorable Roberto R. Alonzo, Texas state representative, focusing
on the topic of «The Mexican American Legislative and Senate Hispanic Caucuses» Response»; and Dr. José Agustín Ruiz - Escalante, president of TABE, Dr. Leo Gómez, professor at the University of Texas Pan American, and Jesse Romero, legislative consultant with TABE, BEAM and ENABLE, focusing
on the topic of «The TABE Action Plan.»
«Schools should not be forced to spend public
funds intended to provide educational services to all children
on an unnecessary placement for one child or
on increased legal fees caused by excessive
litigation.»
On the agenda of ALEC's closed - door Energy, Environment, and Agriculture task force meeting is a model «Environmental Impact
Litigation Act» that would allow companies to pay into a
fund for the state to sue against environmental laws including the Clean Air Act.
He advises the Foundation
on legal initiatives, including the Water for Fish
Fund, the Revolving
Litigation Fund, and the Climate
Litigation Initiative.
The proposed ALEC model «Environmental Impact
Litigation Act,» based
on a law passed in North Dakota in 2015, would allow coal, oil, and gas companies to pay into a
fund for the state to sue against a number of key federal environmental laws, including the Clean Air Act.
The Energy & Environment Legal Institute (E&E Legal) is a coal
funded non-profit think tank [formerly the American Tradition Institute (ATI)-RSB- that engages in
litigation and policy research to «hold accountable those who seek destructive government regulation that's based
on agenda - driven policy making, junk science, and hysteria.»
Thinktanks,
litigation groups, climate scientists, political organisations, dozens of organisations blocking action
on climate all receiving
funding from the coal industry,» said Nick Surgey, director of research for the Center for Media and Democracy.
In particular, he asked about New Hope Environmental Services, which was described by Dr. Michaels in
litigation as his sole source of income outside of modest speaking fees; Intermountain Rural Electric Association (IREA) and Tri-State Generation and Transmission Association, Inc., which paid Dr. Michaels $ 100,000 and $ 50,000 respectively, according to information Dr. Michaels provided in the course of
litigation; and the Heartland Institute, an industry -
funded think tank that published a journal
on which Dr. Michaels served as contributing editor.
«But we're worried, like everybody else, that the
litigation will although not officially tie up the progress that Cape Wind can make, make it very tough to raise the
funding that's necessary to put down deposits
on turbines, cables, and vessels, and as a result, delay the development... If our company were facing the
litigation threat that Cape Wind is, we would not be able to raise the investor capital and get the debt that we need until there's a resolution.»
Posts cover
litigation related to educational institutions» constitutional right to
funding, students» educational rights, free speech
on campuses and more.
Most
litigation fundings are structured
on a non-recourse basis, ie no win no cost to the plaintiff
LexShares: Most
litigation fundings are structured
on a non-recourse basis, ie no win no cost to the plaintiff
One of the many issues that the ABA Commission
on Ethics 20/20 has been trying to tackle is alternative
litigation funding (ALF).
There is a strong case for arbitral institutions to recognise and reflect
on the public policy issues that lay behind the exclusion of all
funding elements from costs awards in civil
litigation.
At the moment of registration, the client receives the freed
funds from the escrow account, while the investor or
litigation funder continues to be the bank creditor, set - off the claim with
funds on correspondent or non-resident accounts of the bank or collecting it through
litigation.
[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring
on the courts the discretion to inquire into and approve or disapprove of a plaintiff's
funding arrangements as a condition precedent to instituting or pursuing
litigation.
Litigation funding has been growing in prominence in recent years, and up - and - coming litigators need to ensure they are up to speed
on what is becoming an increasingly influential factor in the market
Clifford Chance is facing a professional negligence claim from
litigation funders over its work
on the high - profile Excalibur Ventures dispute.
Due to the approach of the market, we are able to provide advice
on the possibilities and challenges when acting for or against clients having their case financed by
litigation funders.
Lord Justice Jackson said this about legal aid in his recent report
on the
funding of
litigation: