Delaware Superior Court Adopts Rule Permitting Limited Discovery of Litigation-Funding Agreements

Brian Rostocki and Nicholas Rodriguez of Reed Smith consider a new Delaware Superior Court rule permitting limited discovery into litigation funding arrangements, noting that disclosure is restricted to agreements granting funders both outcome-contingent repayment rights and contractual control over aspects of litigation, with discovery generally confined to the existence of an agreement, the parties involved and any control rights, while the agreement itself and related work product remain protected absent a showing of cause.

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