Litigation Finance: Access to Justice, Lawfare, and Foreign Influence
Third-party litigation funding has grown into a major part of modern civil litigation. Supporters argue it expands access to justice and helps under-resourced plaintiffs challenge powerful defendants. Critics argue it can distort litigation incentives, empower foreign or opaque funders, and undermine attorney-client control of litigation. As state legislatures and Congress consider restrictions and disclosure requirements, how should policymakers balance transparency, donor privacy, access to courts, national security, and attorney ethics? Is third-party litigation funding a threat to the integrity of the civil justice system that conservatives should rein in, or a market mechanism that conservatives should protect as a counterweight to institutional lawfare? Can the foreign-adversary money problem be severed from the broader regulatory question?
Join us for a discussion of these and other issues surrounding the financing of litigation.
Featuring:
- Oramel H. Skinner, III, Executive Director, Alliance For Consumers
- Gene P. Hamilton, President, America First Legal Foundation
- Philip S. Goldberg, Special Counsel for the Manufacturers' Accountability Project (MAP), The National Association of Manufacturers (NAM)
- [Moderator] Jim Wedeking, Counsel, Boyden Gray PLLC
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
