An interesting article by Michele Slachetka and Christian Plummer from Jenner & Block LLP and Justin Maleson from Longford Capital Management LP looking at the extent to which documents provided to litigation funders are protected from discovery in the U.S. Courts.

Obviously not being a lawyer, I cannot comment on the legal arguments around this but there are some very sensible recommendations at the end of the document.  From a discovery management perspective, it is important to take this into account to ensure that those documents and communications that meet this criteria are treated in an appropriate manner.

It is another example of where an intelligent approach needs to be taken to discovery exercises to ensure that issues such as these are properly thought through and dealt with appropriately.  To do this, it is important to ensure that the discovery professionals are fully looped into the overall approach to ensure an efficient and effective process.

As litigation funding becomes increasingly popular, I am sure that this topic is going to come up on a more regular basis and it is much better to be prepared and build in the thinking, to deal with this sooner rather than later.