Alternative Litigation Finance and the Limits of the Work-Product Doctrine

33 Pages Posted: 24 Feb 2017

See all articles by Maria Glover

Maria Glover

Georgetown University Law Center

Date Written: 2017

Abstract

As third-party funding of litigation begins to take hold in the United States, debates about the normative value of such arrangements have heated up among scholars, practitioners, and policymakers. Meanwhile, such arrangements are up and running-providing capital for parties in various cases. As a result, while higher-level debates remain ongoing, courts have had to grapple with on-the-ground issues at the intersection of such funding arrangements and the operation of the Federal Rules of Civil Procedure. In particular, as this essay addresses, courts have begun to deal with the question of whether and to what extent materials created in the course of obtaining and making use of third-party funding in litigation qualify for work-product protection under Rule 26.

Keywords: Civil Procedure, Litigation, Work-Product Doctrine

JEL Classification: K40, K41

Suggested Citation

Glover, Maria, Alternative Litigation Finance and the Limits of the Work-Product Doctrine (2017). New York University Journal of Law and Business, Vol. 12, No. 3, 2016. Available at SSRN: https://ssrn.com/abstract=2923208

Maria Glover (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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