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Litigation Funding Work-Product Doctrine

Haug Partners LLP

Disclosure of Third-Party Funding Documents in Patent Litigation: A Shift Towards Greater Transparency in Patent Ownership and...

Haug Partners LLP on

Third-party litigation financing (TPLF) is an arrangement by which plaintiffs finance litigation costs through a non-party, typically a private firm that obtain funds from other investors. The commercial goal for a funder is...more

Weintraub Tobin

District Court Finds Documents Related To Litigation Funding Protected By Work Product Doctrine

Weintraub Tobin on

In Impact Engine, Inc. v. Google LLC, 3-19-cv-01301 (SDCA 2020-10-20, Order) (Cathy Ann Bencivengo), the District Court for the Southern District of California recently considered whether litigation funding documents could be...more

Mintz - Arbitration, Mediation, ADR...

Discoverability of Third Party Funding Documents in Arbitration – Part II

In January, in Part I of this post, we discussed the “relevance” factor in determining the discoverability of litigation funding agreements and correspondence with funders. (For these purposes, the word “litigation” means...more

McGuireWoods LLP

Court Takes a Liberal View of Privilege for Communications Between a Plaintiff and a Litigation Funder

McGuireWoods LLP on

With litigants' increasing reliance on litigation funders, courts have had to wrestle with privilege and work product issues, including whether litigants and their litigation funders share a "common interest" allowing the...more

Dechert LLP

Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine

Dechert LLP on

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court for the Southern District of Florida recently denied in part an involuntary...more

Morris James LLP

Court Of Chancery Upholds Privilege For Funding Agreement

Morris James LLP on

Applying the Delaware “because of” test to determine what is covered by the work product privilege, this decision prohibits discovery of the funding agreement between a litigation funding firm and one of the parties to the...more

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