There is a growing body of case law across multiple jurisdictions holding that communications with litigation funders will not effect a waiver of work product protection.

The question is simple: under what circumstances can a litigant receiving litigation financing be compelled to disclose details about the funding arrangement. A New York appellate court says not if the information sought doesn't meet the relevance test.

A General Counsel of a mid-cap company who had only just learned about litigation finance asks “Why haven’t my outside counsel told me about this?”

This article argues "They should have."

Judge Connelly's rules include disclosing the identity, the financial benefit the funder stands to gain in the event of a successful outcome, and if the funder’s approval is required for litigation decisions or settlement.

In early October 2021 — citing “challenges” in the rulemaking procedure — the Advisory Committee on Civil Rules for federal courts again declined to recommend a rule be adopted requiring the disclosure of third-party litigation financing (TPLF) agreements.

Canadian lawyers Gavin Finlayson (Partner, Miller Thomson LLP) and Monica Faheim (Associate, Miller Thomson LLP) provide us with an overview and insight on the Canadian viewpoint and legal framework of litigation funding.

Guidance on disclosure obligations, privileges, and allocation of costs.

Reviewing key cases in four states.

State law on champerty and maintenance.

Counsel should be aware of how to protect their clients from inadvertent waivers and fulfill their professional responsibility obligations.

In August 2020, the American Bar Association released its Best Practices for Third-Party Litigation Funding. We highlight some of the key issues the ABA raises and suggest how counsel might best interpret the document.

Comparing the ABA’s recommendations and to current standards practiced by reputable funders.

This article will review the basic pricing structures that litigation funders typically employ and the reasons why a claimholder may prefer one approach over another.

Requests for fishing expeditions into litigation funding arrangements fail when examined

Can law firms ethically take litigation funding secured by their anticipated fees?