The U.S. Chamber of Commerce Institute for Legal Reform (ILR) and Lawyers for Civil Justice (LCJ) have jointly filed a Rules Suggestion urging the Advisory Committee on Civil Rules to amend the FRCP to require mandatory disclosure of nonparty litigation funding contracts — to the parties, not just the court. Drawing on the FRCP’s history, LCJ and ILR argue that every existing disclosure rule makes information available to all parties, and that an ex parte-only approach would be entirely unprecedented. ILR and LCJ propose modeling any TPLF disclosure rule on the existing insurance disclosure framework under Rule 26(a)(1)(A)(iv), giving courts and parties a fair, simple, and uniform procedure for identifying who holds a financial stake in litigation.

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