House Judiciary Committee Hearing Places Funding Disclosure in the Spotlight
Reporting by Bloomberg Law covers a hearing conducted by the House Judiciary Committee last week, which featured a discussion on the role of third-party litigation funding in US lawsuits. The committee hearing explored several issues raised around third-party funding, including the desire for increased transparency and disclosure of the presence of outside funding, and the alleged national security implications of the use of litigation finance by foreign businesses or state governments.
Darrel Issa, a representative from California, argued that there was a consensus “that in fact more transparency at a base level needs to be there”, and stated that he would begin drafting legislation to address the issue of disclosure in the following days. Bob Goodlatte, the former representative from Virginia, spoke as one of the witnesses at the hearing and focused on the issue of disclosure for foreign entities, highlighting previous reporting from Bloomberg about third-party funding activities undertaken by Russian and Chinese entities.
Taking a more moderate stance on the level of disclosure required, Victoria Sahani, a law professor at Boston University, suggested that the disclosure of individual funding agreements was not necessary as long as the identity of the funder is disclosed. Explaining her position on the issue, Sahana said: “We should be cautious not to shut down this new industry or reduce opportunities for this industry to improve the administration of justice out of fear”.
Donald Kochan, law professor at George Mason University, argued that there is evidence that when disclosure rules are implemented, it does dissuade certain third parties from engaging as third-party funders. Citing the example of Delaware, where Judge Connolly’s 2022 standing order on disclosure was introduced, Kochan stated that a wider implementation of these measures will “deter a lot of behavior because people just don’t want the sunshine on this.”