Put The Brakes On Acceleration Bay Litigation Funder Ruling

By David Gallagher (February 15, 2018, 4:40 PM EST) -- Last week, eyebrows of savvy federal practitioners were raised by a ruling in the District of Delaware that emails and other documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product.[1] The court denied work-product protection based on two related findings — first, that the documents at issue were "prepared with a 'primary' purpose of obtaining a loan, as opposed to aiding in possible future litigation," and second, that they were "prepared for a nonparty to the litigation," i.e., the funder. As far as one can tell from a docket on which most of the relevant filings are under seal, Acceleration Bay LLC v. Activision Blizzard Inc. seems to be a case of bad facts making bad law....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!