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Discovery Work-Product Doctrine Litigation Funding

Venable LLP

To Be or Not to Be...Discoverable: Third-Party Litigation Funders

Venable LLP on

Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?...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

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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