Validity Finance welcomes Michelle Eber for Houston office

Validity Finance welcomes Michelle Eber as Portfolio Counsel in Houston to help manage their patent portfolio, including evaluating new cases for investment and supporting funded cases. Prior to joining Validity, Michelle was special counsel at Baker Botts. She was recognized as “One to Watch” in The Best Lawyers in America in 2022 and a Texas Super Lawyer – Rising Star for IP Litigation in 2020-2022.

Michelle brings more than ten years of patent and trade secret litigation experience to Validity, including significant courtroom experience. She is also a registered patent attorney with the U.S. Patent and Trademark Office and has prepared and prosecuted a number of patent applications.

Michelle received her JD with honors from The University of Texas School of Law, where she was a member of the Texas Law Review.  She also received her MBA from The University of Texas McCombs School of Business.  She graduated magna cum laude from the University of Pennsylvania with a Bachelor’s of Science in systems engineering.

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Insights

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.

Insights

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.

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