Here’s an important decision from Chief Judge Stark from the District of Delaware regarding the non-discoverability of communications with litigation funders. Chief Judge Stark found that defendants were not entitled to obtain discovery regarding (i) potential investments by third parties in lawsuits (e.g., solicitations to potential funders, communications with funders who declined to enter into a litigation-funding deal, communications with a funder who entered into a litigation-funding deal) and (ii) communications relating to “quarterly updates” sent about currently pending lawsuits.
CCRG is pleased to have obtained this important decision for firm client United Access Technologies and it’s a good decision for our friends in the litigation funding industry as well, especially given Chief Judge Stark’s prominence and Delaware’s status as one of leading venues for patent infringement cases in the United States.