Litigation funding in the context of a multi-district litigation (MDL), “refers to any agreement under which any person, other than an attorney, permitted to charge a contingent fee representing a party, has the right to receive compensation that is contingent on and sourced from any proceeds of an MDL.” In re National Prescription Opiate Litig., MDL No. 2804, 2018 U.S. Dist. LEXIS 84819, at *1 (N.D. Ohio May 7, 2018).

Information and documents that refer or relate to litigation funding or financing are often the subject of defense discovery requests, especially in an MDL, and are vigorously opposed by plaintiffs’ counsel. Judicial treatment of such discovery requests is far from consistent, with some courts allowing discovery, see In re American Medical Systems, Inc. Pelvic Repair Systems Prod. Liab. Litig., MDL No. 2325, 2016 U.S. Dist. LEXIS 84838 (S.D.W. Va. May 31, 2016), while others deny the requests outright, see Benitez v. Lopez, No. 17-cv-3827, 2019 U.S. Dist. LEXIS 64532 (E.D.N.Y. Mar. 14, 2019), or limit disclosure to an in camera review, see In re Opiate Litig., 2018 U.S. Dist. LEXIS 84819 at *1.