Does the Common Interest Doctrine Protect Third Party Funders from Accessing Privileged Information?
March 26, 2019 Commercial, Premium
When it comes to the issue of disclosure of third party funders and their funding agreements, courts across the United States have consistently held that such information is protected under work product (some legislators have yet to catch on). That said, when it comes to the issue of sharing privileged information with a litigation funder, courts aren’t as uniform in their findings. Some hold that the common interest doctrine protects privileged information that is passed on to a funder, and others have ruled the exact opposite.
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