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Keys To Protecting Communications With Litigation Funders

Law360 (May 24, 2018, 3:40 PM EDT) -- Commercial litigation finance plays a role in an increasing number of disputes in U.S. courts. As a result, more and more litigants are seeking discovery of communications and agreements with funders in order to access legal opinions, litigation strategies and information about an opposing party’s financial resources — sensitive material that would normally be protected from disclosure in civil litigation.

Similarly, judges and lawmakers are imposing their own disclosure requirements regarding commercial litigation finance. In this environment, litigants, lawyers and funders may be hesitant to exchange...
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