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Florida Bankruptcy Court Applies the Common Interest Exception to Protect Claimant-Funder Communications from Discovery

As the litigation finance industry continues its growth and expansion within the marketplace, so does the body of case law discussing whether communications made between a claimant and a funder are privileged. While there is a slight variance in how different jurisdictions apply the privilege doctrines and exceptions thereto, the overwhelming majority of case law has developed in favor of finding that certain communications made to a litigation funder are indeed protected from discovery. In Part 1 of this 4-part series, we will discuss the Court’s analysis and application of the common interest exception to the attorney-client privilege.

Delaware Court Permits Use of Litigation Finance

Delaware Superior Court President Judge Jan R. Jurden decided yesterday in Charge Injection Technologies, Inc. v. EI du Pont de Nemours that a litigation funder's involvement in a case did NOT amount to improper meddling.

What's in a Name?

Bentham IMF in Canada is a subsidiary of Bentham IMF Limited, a public company traded on the Australian Stock Exchange (ASX: IMF). We are the oldest and most experienced commercial litigation funder in the world.