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Full-Text Articles in Banking and Finance Law
A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context, Stephanie Ben-Ishai, Emily Uza
A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context, Stephanie Ben-Ishai, Emily Uza
Chicago-Kent Law Review
This Article offers two major recommendations to expand the use of third party litigation funding (“TPLF”) into the U.S. insolvency context. As seen in the Canadian context, courts have accepted the use of litigation funding agreements fitting within certain parameters. If U.S. courts follow suit, friction against the implementation of TPLF can be mitigated. Alternatively, regulation may occur through legislative and regulatory models to govern and set out precisely what types of arrangements are permitted. Involving entities such as the SEC may expedite the acceptance of TPLF, but special attention is necessary not to intermingle notions of fiduciaries into the …
“The Law Of Corporate Restructuring And Insolvency In Portugal: A Brief Introduction From A Financial Creditor’S Perspective", Bruno Ferreira
“The Law Of Corporate Restructuring And Insolvency In Portugal: A Brief Introduction From A Financial Creditor’S Perspective", Bruno Ferreira
Bruno Ferreira
In times of economic slump, the law of restructuring and insolvency, particularly its statutory provisions, assume an indisputable relevance. The involvement of financial creditors in informal and formal restructuring procedures and the eventual ensuing formal insolvency procedures presents significant challenges and risks. This article provides a brief introduction to the law of restructuring and insolvency in Portugal and addresses some of these challenges and risks.