Communications with Potential and Actual Litigation Funders are Protected as Work Product under Narrow Fifth Circuit Precedent

Ryan Schultz of Woodsford shares that a US District Court recently ruled that communications between a plaintiff’s law firm and litigation funders, including those funders that ultimately did not fund the opportunity, were protected under work product privilege, rejecting arguments by Samsung that the documents were not privileged because they were not created with a primary purpose of the present litigation but rather for obtaining funding.

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