Confidentiality Of Litigation Funders

U.S. courts in most instances are ruling that information concerning litigation funding is protected work product, according to a recent study conducted by litigation finance advisory firm Westfleet Advisors. The research looked at 52 reported trial court decisions through July 2021, cases that were culled, the authors say, from an extensive search of the federal dockets and major legal databases. All were cases that involved discovery attempts that sought either litigation funding agreements or communications with funders by funded parties or their attorneys. The study found that in 43 out of the 52 cases, the courts denied any significant discovery or allowed discovery on a redacted basis.