What Courts Are Saying About Litigation Finance Disclosure

By Stephanie Spangler and Dai Wai Chin Feman (January 29, 2020, 5:49 PM EST) -- Last year, we provided a comprehensive summary of the debate surrounding the disclosure of commercial litigation funding. That debate continues, with defendants persisting in propounding document requests, interrogatories and deposition questions regarding the identity, terms and other aspects of financing arrangements.

As defendants continue to seek discovery, courts continue to weigh in. The most highly publicized recent decision occurred in the Valsartan Products Liability Litigation last fall, where the U.S. District Court for the District of New Jersey denied discovery on the basis of relevance.

This article discusses four recent cases concerning disclosure that were issued since the Valsartan decision. The...

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