Pre-Litigation Communications With Litigation-Funding Organizations Protected by Work Product Doctrine

The court denied defendants' motion to compel the production of documents regarding plaintiff's communications with litigation-funding organizations that plaintiff withheld as privileged. "⁠[T]hese communications took place during a period when [plaintiff] actually and reasonably foresaw litigation. And, the evidence clearly establishes that these communications were primarily, perhaps exclusively, for the purpose of preparing for litigation. Defendants' arguments premised on the non-legal nature of Plaintiff's relationships with [redacted] are unavailing. Even if the Court were to fully credit this argument and consider the relationships to be commercial, the materials nonetheless fall within work-product immunity because they were communications with Plaintiff’s agents and in anticipation of litigation."

Lambeth Magnetic Structures, LLC v. Seagate Technology (US) Holdings, Inc. et al, 2-16-cv-00538 (PAWD January 18, 2018, Order) (Bissoon, USDJ)