Private Law Theory

ABSTRACT
This article offers novel economic and policy arguments against recent initiatives by the US Chamber of Commerce and other industry lobbyists to require civil litigants and their attorneys – through legislation, rules of procedure, and rules of professional responsibility – to disclose the extent and nature of any third party financing that they have obtained in support of their cases. Such disclosure requirements unfairly and inefficiently compromise financial privacy and raise litigation costs not only for those litigants who have received such financing, but also for litigants who have not. Policymakers should therefore reject these initiatives.

Sharfman, Keith, The Economic Case Against Forced Disclosure of Third Party Litigation Funding (February 9, 2022). St John’s Legal Studies Research Paper forthcoming.

First posted 2022-03-09 12:00:41