State legislatures continued their march toward tighter regulation of third-party litigation funding this week, with separate bills advancing in Michigan and Colorado that take very different routes to constrain outside capital in litigation.
In Michigan, the state House on May 12 passed House Bill 5281, the Third-Party Litigation Funding Transparency Act, sponsored by Rep. Mike Harris. The bill requires registration and disclosure by funders, prohibits funder control over case decisions, bars foreign adversaries from financing Michigan lawsuits, and caps funder returns from any award. The measure is backed by the Michigan Alliance for Legal Reform, a coalition of consumer advocates, small-business groups, and chamber-aligned organizations. It now moves to the Michigan Senate.
In Colorado, the legislature sent House Bill 1421 to Governor Jared Polis, who has until June 12, 2026 to sign or veto. The bill prohibits Colorado law firms from entering financial arrangements with non-attorney-owned alternative business structures, including arrangements in which out-of-state entities cover marketing or operational costs in exchange for a percentage of settlements. It cleared the Colorado House 53–11 and the Senate 33–2, supported by a coalition that included the Colorado Chamber of Commerce, the Colorado Trial Lawyers Association, and the American Property Casualty Insurance Association.
Together, the two bills illustrate the dual fronts on which the U.S. litigation finance industry is now defending itself: disclosure and conduct rules in Michigan, and outright structural prohibitions on outside capital flowing to law firms in Colorado. Both reflect a coordinated state-level push by chamber and insurance trade groups, at times aligned with elements of the plaintiffs' bar, to redraw the boundaries of permissible third-party funding in U.S. civil litigation.