U.S.-style class/mass actions systems are spreading globally. European countries, including member states of the European Union and the UK, Israel, Canada, Japan, South Korea, Hong Kong, Australia, Argentina, Brazil, Chile and Mexico - to name a few - allow, or are considering introducing, some form of collective actions.
While these collective redress mechanisms are not identical to the U.S. class action system, they can create opportunities for similar abuses, such as settlements that unfairly benefit lawyers and funders, rather than claimants.
Click below for detailed information on our ongoing engagement outside the United States:
Third party litigation funding-the practice of hedge funds investing in litigation in exchange for a cut of the proceeds-has begun to take root in Europe. Unfortunately, an almost total lack of transparency and regulation means that even as its supporters promise greater "access to justice," TPLF threatens the integrity of European civil justice systems. This ILR research paper details the state of play for TPLF in Europe and around the world, and urges EU legislators to take up a number of specific reforms to protect consumers and businesses. Read More
As the European Commission's proposal on collective actions (known as class actions in the United States) makes its way through the European Union's legislative process, it is important to assess EU consumer opinion of the proposal and the safeguards included (and not included) in the legislation. This survey captured the views of 5,097 consumers across five EU Member States. Read More
Last month, a Parliamentary Joint Committee in Australia held hearings on litigation funding and the regulation of the class action industry with one more coming today, according to an op-ed in the Australian Financial Review.... Read More
Earlier this week, Ai Group, an Australian business group, pushed for stronger class action laws to address the soaring cost of directors' and officers' (D&O) insurance, according to a report in Insurance News. Au. ... Read More
A recent op-ed by a senior executive at an ASX top 20 company in the Australian Financial Review discusses the darker side of class actions that has emerged as a result of changes to the country's Corporations Act in 2001. ... Read More
In addition to investing in portfolios of private lawsuits, third party litigation funders have started financing qui tam False Claims Act cases brought on behalf of the U.S. government. The catch is that up until very recently, the government had no insight into whether funders were involved or the level of control they exerted. That changed in June 2020, when the Department of Justice announced a policy change to start shedding some light on this opaque practice.... Read More
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The 2019 Lawsuit Climate Survey: Ranking the States was conducted for the U.S. Chamber Institute for Legal Reform by The Harris Poll to explore how fair and reasonable state liability systems are perceived to be by U.S. businesses.