Navigating an evolving landscape: US patent trends
Erso• March 4th, 2024
US patent litigation has undergone substantial transformations in the past year, prompting litigation funders to recalibrate their strategies. Notable shifts in popular venues and filing behaviors have shaped a landscape marked by caution and adaptation. At the same time, the … Continued
Collective actions in England and Wales: is 2024 the crucial year?
Sarah Breckenridge• February 12th, 2024
2024 is set to be a crucial year for collective or group claims in England & Wales. Outside of the collective actions regime for competition claims in the CAT, the Civil Procedure Rules might be seen as hindering those seeking … Continued
Procedural Challenges in the Competition Appeals Tribunal – how far have we come?
Erso• January 15th, 2024
In December 2023, Sarah Breckenridge, Investment manager at Erso Capital, contributed to the ThoughtLeaders4 Competition Magazine’s round up of 2023. She reviewed the procedural challenges in the UK’s Competition Appeals Tribunal, and the developments which had been made over the … Continued
A funder’s perspective on mediation
Sarah Breckenridge• January 4th, 2024
Mediation was a hot topic at the end of last year following the Court of Appeal’s judgment in Churchill v Merthyr Tydfil Borough Council. It confirmed that the court can go further than to simply encourage parties to engage in … Continued
Proposed US Legislation Focuses on Disclosure and National Security
Erso• November 6th, 2023
On September 14, 2023, U.S. Senators Joe Manchin (D-WV) and John Kennedy (R-LA) and U.S. Representative Mike Johnson (R-LA), recently elected as Speaker of the House, introduced the “Protecting Our Courts from Foreign Manipulation Act of 2023,” stating that the … Continued
A bump in the road: R(on the application of PACCAR Inc) v Competition Appeal Tribunal [2023]
Erso• August 14th, 2023
A bump in the road: R(on the application of PACCAR Inc) v Competition Appeal Tribunal [2023] On 26 July the Supreme Court handed down its judgment in R(on the application of PACCAR Inc) v Competition Appeal Tribunal [2023], a decision … Continued
Can an ATE policy be good security in a claim where there are allegations of dishonesty or fraud?
Erso• June 5th, 2023
Matthew Amey of TheJudge recently wrote an article for Practical Law on the High Court’s judgment in Saxon Woods Investment Ltd v Francesco Costa and others [2023] EWHC 850 (Ch). He considers the questions the court will examine when deciding … Continued
Collective actions: is it time to climb beyond the foothills?
Erso• March 20th, 2023
There has been much talk about a recent judgment of the Kings’ Bench Division of the High Court in which Mr Justice Robin Knowles has refused to strike out a representative action brought by Commission Recovery Limited on behalf of … Continued
Keeping the options open: weighing up funding and insurance for clients
Erso• January 7th, 2023
A multi-national, well-resourced corporate approaches your firm about a large, cross-border dispute which seems to have strong merits and will keep a litigation team busy for the next few years. That all sounds like a good day in the office … Continued