Does Litigation Finance Disclosure Threaten National Security? A Debate from the Right

Event Video

Arguments over third-party litigation funding are nothing new. Opponents have argued the funding promotes frivolous litigation and might distort efficient settlement of claims, while the litigation finance companies argue they are providing the capital that allows meritorious claims to be effectively litigated.

Most recently, opponents have raised a new concern – could investments by foreign entities threaten national security, if it supports excess litigation against critical US businesses?  These critics are calling for disclosure of the investors behind any such litigation.

How might such disclosure requirements affect financial support for litigation, and access to capital for important litigation?

How should we evaluate the risks and benefits of a new disclosure mandate and how might it affect support for politically charged litigation?

Join us for a debate from the right with Adam Mortara, Alex Dahl, and Ted Frank.


  • Adam Mortara, Partner and Lecturer
  • Alex Dahl, General Counsel, Lawyers for Civil Justice
  • Moderator: Ted Frank, Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.