Oct 10 (Reuters) - A federal judicial rules-making panel
on Thursday agreed to study whether a nationwide rule requiring
disclosure of third-party litigation funding in lawsuits is
necessary at the urging of major companies, business groups and
Republican lawmakers.
After a decade of weighing whether it should do anything to
regulate the emerging field of litigation finance, the U.S.
Judicial Conference's Advisory Committee on Civil Rules at a
meeting in Washington, D.C., agreed to create a subcommittee to
examine the issue.
"I agree it is an important issue, and I agree it's an issue
that is not going away," said U.S. District Judge Robin
Rosenberg, a Florida-based judge who chairs the committee.
The decision came a week after more than 100 major companies
from the technology, pharmaceutical, automotive and other
sectors signed a letter urging the judiciary to take action and
require greater transparency into who is funding the cases being
filed against them.
A few federal judges or courts, such as New Jersey's,
already require disclosure of litigation funding, where a
financier backs clients' cases in exchange for a cut of an
eventual settlement or judgment, but there is no uniformity
across the judiciary.
The companies that joined that letter included Amazon.com ( AMZN ),
Google, Cisco ( CSCO ), Meta, Comcast ( CMCSA ), Exxon, Bayer, Ford, Pfizer ( PFE ) and
Novartis. Several Republican lawmakers including Senators John
Cornyn of Texas and Thom Tillis of North Carolina had recently
also written letters urging the judiciary to take action.
The creation of a subcommittee, which will be chaired by
Chief U.S. District Judge R. David Proctor of the Northern
District of Alabama, does not guarantee a rule will be issued in
what is likely to be a years-long process.
But committee members said it was finally time they took a
closer look at an issue that the U.S. Chamber of Commerce had
first urged it take action on back in 2014, citing growth in the
sector and the need to know if any problems are emerging.
Companies that finance U.S. commercial lawsuits in exchange
for a cut of any recoveries committed $2.7 billion to new deals
last year, according to a recent report.
"We know what the theoretical problem is," said U.S.
District Judge John Bates, who chairs the judiciary's top
rule-making panel, the Committee on Rules of Practice and
Procedure. "I think we have to look if there are actual
problems."
Rosenberg said the subcommittee would seek input from
lawyers, litigation funding industry participants, and others.
Page Faulk, senior vice president of legal reform
initiatives at the U.S. Chamber of Commerce Institute for Legal
Reform, in a statement welcomed the committee's decision.
"We urge the federal judiciary to move forward swiftly in
adopting mandatory disclosure requirements to get a peek behind
the curtain of the implications that this secretive,
multi-billion-dollar global industry has on our civil justice
system," Faulk said.
Business groups have argued that disclosures about financial
backers in cases are necessary to allow defendants to make
informed decisions about the course of litigation and understand
who is making decisions about whether to settle lawsuits.
The International Legal Finance Association, a trade group
representing the commercial funding industry, has argued that
such a nationwide requirement is unnecessary and that it should
be left to individual courts to determine the relevancy of any
financing agreement to the merits of any particular case.
Read more:
Louisiana law places new rules on litigation funders
Litigation funder Burford fights order denying bid to take
over Sysco ( SYY ) cases
US litigation funding in 'state of flux' as deal commitments
dip, says report
Litigation funders deployed $3.2 bln in U.S. investments
last year - report
(Reporting by Nate Raymond in Boston)