New Jersey Assembly Passes Third-Party Litigation Funding Disclosure Bill
The New Jersey General Assembly has passed legislation requiring the disclosure of third-party litigation funding agreements, advancing the state toward becoming the latest to impose transparency obligations on the funding industry. The bill cleared the Assembly by an overwhelming margin, even as companion legislation in the state Senate has drawn pushback from trial lawyers and litigation finance representatives.
As reported by Law360, the measure requires parties to disclose the existence of third-party litigation funding arrangements and establishes a set of responsibilities for funders. Notably, the bill is framed as protecting plaintiffs as much as defendants: it requires funders to act in the best interests of the funded party, prohibits them from interfering with litigation decisions, and ensures that plaintiffs retain control over their own cases.
Supporters, including the New Jersey Business & Industry Association, argue that disclosure is essential because undisclosed funding can create conflicts of interest, complicate judicial administration, and allow funders to exert hidden influence over litigation. Opponents counter that mandatory disclosure risks exposing strategic information and chilling legitimate access to capital.
New Jersey's move reflects a broader national trend, with a growing number of states and federal proposals seeking to bring third-party funding arrangements into the open. With the Assembly bill now passed, attention turns to the Senate, where the industry's resistance may shape whether — and in what form — the disclosure regime ultimately becomes law. For funders operating in the state, the vote is a signal that transparency requirements are gaining legislative momentum.
