Tag Archive: attorney-client privilege

Best Practices for Preserving Privileged Materials in a Litigation Finance Transaction

Litigation financing provides extraordinary opportunities for litigants to reduce the risk of litigation and increase their chances of obtaining a fair recovery on their claim.  But the realities of the litigation financing transaction require that both funders and litigants exercise…
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Best Practices for Preserving Privileged Materials in a Litigation Finance Transaction

Litigation financing provides extraordinary opportunities for litigants to reduce the risk of litigation and increase their chances of obtaining a fair recovery on their claim.  But the realities of the litigation financing transaction require that both funders and litigants exercise…
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Protecting Privileged Communications in Litigation Financing

When litigants are communicating with litigation funders, they must provide information about their case.  This communication creates a possibility of disclosing confidential communications to the funder, which is a third party. Obviously, the disclosure of information to anyone outside of…
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The Problem of Discovery about Litigation Funding Arrangements

As litigation funding becomes more prevalent, it is subject to increasing scrutiny, including in discovery in cases where one of the litigants receives funding from a third party. When a litigant does obtain litigation funding, that party’s attorney must take…
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Federal District Court Rules That Communications with Third-Party Litigation Funders Can Be Protected by Attorney-Client Privilege

A recent federal district court decision extends a powerful protection to communications between a third-party litigation funding company and the attorneys for the litigant who receives funding.  The attorney-client privilege protects communications between lawyers and their clients, preventing any opposing…
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