Bradley attorney Tripp Haston was quoted in the Law360 on criticism of the third-party funding disclosure rule. The U.S. Chamber of Commerce has renewed its efforts to change the federal civil procedure rules mandating the disclosure of third-party litigation funding arrangements, but many consider the organization's bid to be flawed, hasty and unnecessary.
Funders pushing back against the Chamber argue that a disclosure rule could extend to financiers' communications with litigants during the due-diligence process, which could expose discussions about the strengths and weaknesses of the case. Even if the substance of those conversations were protected as work product, the routine disclosures of whether cases have third-party backing or not could expose which cases are more vulnerable.
Haston, a former IADC president who advocates for disclosure of third-party funding, dismissed funders' fears as baseless. "A lot of these arguments against disclosure are based on hypothetical situations that have not happened, and the arguments in favor are grounded in ethical rules," he said.
The complete article, “Critics Pushing Back On 3rd-Party Funding Disclosure Rule,” appeared in Law360 on June 21, 2017. (login required)