Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

Third-Party Litigation Investing and Attorney-Client Privilege

By David A. Prange
October 31, 2013

Civil litigation is potentially expensive, and achieving lucrative outcomes is not without risk. In recent years, companies with viable claims have looked to diversify their risk by partnering with third-party investors. Successful investment relationships require substantial due diligence and communication. This communication may include claim-holder materials that are subject to the attorney-client privilege or that are considered attorney work product.

A claim-holder's communications with its investors, or potential investors, introduces the risk of privilege waiver and the potential exposure of sensitive information to an adverse party in later litigation. An attractive discovery subject for any defendant may be the materials shared between the plaintiff and its investor. The plaintiff's evaluation of its claims would provide good information for cross-examination. Thus, the issues of privilege and work product protection arise when a plaintiff shares otherwise protected information.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.