4 Trends In Discoverability Of Litigation Funding Documents

Law360 (May 6, 2021, 12:52 PM EDT) -- A year ago, we wrote a Law360 guest article surveying the case law and summarizing the trends that have emerged from courts across the country regarding the discoverability — or lack thereof — of litigation funding materials. Since then, courts have continued to weigh in on these issues and expand the existing body of case law.

In this article, we examine key decisions over the past year addressing discoverability of litigation funding materials, and describe how they fit in with the established trends. We also touch on a discoverability issue unique to the international arbitration space.

Before turning to the recent cases, here...

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