New Hampshire Scales Back Litigation Funding Reform, Enacting Only Foreign-Funder Curbs
New Hampshire has retreated from an ambitious effort to regulate the litigation finance industry, ultimately enacting a narrowed law that targets foreign funders while abandoning the broad registration and oversight powers lawmakers had initially contemplated.
As reported by Intelligent Insurer, the state stepped back from provisions that would have given regulators expansive authority to register and supervise commercial litigation funders, leaving only the measures aimed at foreign financing intact.
The enacted statute, the Third-Party Litigation Funding Transparency Act — which originated as HB 1384 — prohibits commercial litigation financing tied, directly or indirectly, to foreign adversaries or sanctioned entities designated under federal law. It also requires claimants or their attorneys to disclose any commercial litigation funding agreement to all parties in a civil action when the case is filed and whenever the agreement is amended, with insurers that have a duty to defend or indemnify entitled to the same disclosure.
The law carves out nonprofits: an organization exempt under Section 501(c)(3) that represents a claimant on a pro bono basis, along with its funders, falls outside the definition of a commercial litigation financier. Most provisions take effect on January 1, 2027.
New Hampshire's decision to prioritize foreign-funding restrictions over comprehensive registration mirrors a broader pattern among states, which have increasingly trained disclosure and transparency mandates on overseas capital rather than on the domestic funding market as a whole.








