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Judge Sleet Finds “Litigation Funding” Documents Privileged

Judge Gregory Sleet recently considered a request to compel the production of “approximately seventy documents disclosed to prospective litigation funding organizations, which [the plaintiff] claims is protected as work product” and which “were prepared by counsel and the inventor . . . for litigation funders in anticipation of and during litigation.” IOENGINE, LLC v. Interactive Media Corp., et al., C.A. No. 14-1571-GMS, Order at 2 n.1 (D. Del. Aug. 3, 2016). Judge Sleet agreed that the documents in question were protected by the work-product doctrine, recognizing that “[i]n recent cases, other courts have found that documents prepared for litigation-funders are protected, reasoning that ‘[l]itigation strategy, matters concerning merits of claims and defenses and damages would be revealed if the documents were produced.’” Id. (quoting Devon It, Inc. v. IBM Corp., No. CIV.A. 10-2899, 2012 WL 4748160, at *1 (E.D. Pa. Sept. 27, 2012)).

IOENGINE, LLC v. Interactive Media Corp., et al., C.A. No. 14-1571-GMS (D. Del. Aug. 3, 2016).

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