David Levitt Discusses the Necessity of Mandatory Litigation Funding Disclosure in Law360 Expert Analysis

August 7, 2023

Hinshaw partner David Levitt has authored a Law360 Expert Analysis byline in which he discusses why litigation funding disclosure should be made mandatory. Levitt states that "[s]uch disclosure is necessary for the even-handed administration of justice, and to guarantee that defendants, no less than plaintiffs, are able to 'secure the just, speedy, and inexpensive determination of every action and proceeding' required by Federal Rules of Civil Procedure, Rule 1."

Levitt cited "examples of the ways in which third-party litigation funding potentially affects the evidence pending in a lawsuit and could be relevant to the issues before the court and jury." He also addressed major arguments against the discoverability of funding agreements and noted that the Federal Rules of Civil Procedure and the law of most states have mandated that the defendant's litigation funding be disclosed for over fifty years.

"Court rules should be adjusted to require that both parties are equally well-informed about the other party's litigation-specific funding. Defendants are already required to disclose theirs. The same principles should apply equally to the plaintiffs' side," Levitt concluded.

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"Litigation Funding Disclosure Should Be Mandatory" was published by Law360 on August 3, 2023.

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