The Attorney-Client Privilege and the Litigation Funder as “External CFO”

William Marra of Validity Finance argues that attorney-client privilege should protect a company’s conversations with external litigation funders about the pursuit of a legal claim no less than its conversations with internal executives performing the same functions, as litigation funders perform functions similar to that of a CFO or an external consultant for claimholders that are not well-capitalized and cannot self-fund their litigations.

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EDTX Denies Discovery of Litigation Funding Documents

Michelle Eber of Validity Finance reports that Chief Judge Gilstrap of the Eastern District of Texas recently adopted a majority rule by denying a motion to compel production of litigation funding documents and notes that defendants that continue to demand discovery into litigation funding documents do so against a growing body of caselaw holding that such disclosure is improper.

Funder News

Validity Finance Expands to Washington, D.C.

Validity Finance has expanded to Washington, DC, adding international disputes lawyer Nicole Silver as an investment manager. Nicole was previously a shareholder with Greenberg Traurig, representing governments and corporate clients in international arbitration proceedings, as well as in complex civil litigation, white-collar defense and internal investigations. Validity has also added renowned DC litigator and law firm leader Bert Rein as a senior advisor. One of the country’s top antitrust and commercial litigators, Mr. Rein is a founding partner of national law firm Wiley Rein and an expert on international law. In his new advisory role, he will assist Validity in furthering connections with major law firms and potential clients.

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