Last week, the New Jersey courts agreed to change local rules to require parties in litigation to disclose information about third-party funders in litigation.
This has understandably caused some consternation in the litigation funding market.
Commenting on the news, Commercial Director Lochy Macpherson says:
"Funders have nothing to hide in the existence of their relationships to parties in litigation and contrary to the 'howling' - apparently from some funders - I believe that transparency and openness benefits rather than detracts from the process of justice. That being said, the New Jersey rules perhaps overstep in their execution.
"If we could instead set the bar a little lower, perhaps we can avoid the inevitable patchwork of disclosure rules that will now spring up adding complexity and cost to cross border work."
Litigants in New Jersey federal court must reveal information about third-party litigation finance agreements under a new rule, sparking a warning by a commercial legal funding trade group that the change is "likely to create far more problems than it will solve."
