Parties seeking financing to fund their litigation efforts must, of course, share information with the potential funder so that it can make an
Parties adverse to the funded party now routinely seek this shared information in discovery, arguing that the party waived any privilege or work-product protections by sharing protected information with the litigation-financing company. Many issues arise, such as the different waiver standards for the attorney-client privilege and the work-product doctrine, and whether the common-interest doctrine offers non-waiver protection.
In an article published in the Spring 2018 issue of Today’s General Counsel, I explore these issues. You may read the article here.