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Expert Analysis - Opinion

Courts Are Getting It Right On Litigation Funding Discovery

By Matthew Harrison and Sarah Jacobson ( January 22, 2019, 6:03 PM EST) -- Earlier this month, the U.S. District Court for the Northern District of California denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action.[1] This order follows a long line of well-reasoned precedent across U.S. federal courts rejecting discovery forays into funding arrangements unless the party seeking discovery can make a specific showing that funding is relevant to the claims and defenses of the litigation.[2] As the case law demonstrates, these instances are few and far between....

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