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Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court for the Southern District of Florida recently denied in part an involuntary debtor’s motion to compel production of communications between the judgment creditor who had filed the involuntary bankruptcy petition and the petitioner’s litigation funder. The Court found that the attorney-client privilege and work product protection were applicable to certain disclosures made to the litigation funder, a non-lawyer third-party.

USA, Florida, Insolvency & Restructuring, Legal Practice, Litigation, Dechert LLP, Bankruptcy, Work-product doctrine, Attorney-client privilege, Discovery, United States bankruptcy court
Accrual and payment of interest on Creditors’ Claims in Insolvency: the Plenary Session of the Russian Supreme Commercial Court made the clarifications

This issue considers the most important provisions of the resolution adopted at the Plenary Session of the Supreme Commercial Court of the Russian Federation (the “SCC”) No. 88, dated 6 December 2013, “On Accrual and Payment of Interest on Creditors’ Claims in Insolvency” (the “Resolution”)1. The Resolution resolves a number of important practical issues and creates new regulations governing, in particular:

Russia, Insolvency & Restructuring, Litigation, White & Case, Debtor, Interest, Debt