Marla Decker of Lake Whillans shares that another court has held that communications with litigation funders will not effect a waiver of work product protection, assuming the parties take common-sense precautions such as signing a non-disclosure agreement.

Marla Decker of Lake Whillans summarises a recent decision of a New York appellate court on the issue of litigation funding disclosure, and compares the court's approach to others around the US.

Marla Decker of Lake Whillans reports that in a recent case, the Delaware Supreme Court has allowed the full amount of the contingent attorneys’ fees (which were one-third of the damages awarded and amounted to nearly $20 million) to be shifted to the non-prevailing party based on a contractual fee-shifting provision and argues that the logic in this and similar cases could extend to the recovery of litigation finance costs under the “costs” prong of a fee-shifting provision.