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An Overview Of The Debate Over Litigation Finance Disclosure

Law360 (May 6, 2019, 2:12 PM EDT) -- The debate over disclosure of commercial litigation finance has been well-publicized, most recently in the context of the reintroduction of the Litigation Funding and Transparency Act,[1] and dueling submissions by the defense bar[2] and litigation funders[3] to the federal judiciary’s Committee on Rules of Practice and Procedure. This article provides an overview of various arguments and counterarguments regarding disclosure, and discusses the most recent New York federal court decision on the topic.

An Overview of the Disclosure Debate

Although legislation is pending at the federal and state levels, Wisconsin remains the only state that mandates the disclosure of litigation funding. Further,...

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