Automatic Disclosure

Priya Pai:  Automatic disclosure is somewhat of a hot topic right now. The question is whether a litigation funder should be disclosed to the court and the other side at the onset of the funding.

Matt Harrison: It increases both the cost of funding, in that we have to challenge subpoenas, trying to dig into our communications when nearly every court that's considered it has found it irrelevant or covered by the work product privilege.

Priya Pai: The issue has been considered by a number of different rules committees.

Matt Harrison: Automatic disclosure is not required of funding arrangements except in class actions, which really do not impact us because we don't directly fund any class actions and we're not aware of any reputable funder that does.