Litigation Finance: Access to Justice, Lawfare, and Foreign Influence
About this episode
The episode discusses the implications of third-party litigation funding on justice and the civil justice system.
Third-party litigation funding has grown into a major part of modern civil litigation. Supporters argue it expands access to justice and helps under-resourced plaintiffs challenge powerful defendants. Critics argue it can distort litigation incentives, empower foreign or opaque funders, and undermine attorney-client control of litigation. As state legislatures and Congress consider restrictions and disclosure requirements, how should policymakers balance transparency, donor privacy, access to courts, national security, and attorney ethics? Is third-party litigation funding a threat to the integrity of the civil justice system that conservatives should rein in, or a market mechanism that conservatives should protect as a counterweight to institutional lawfare? Can the foreign-adversary money problem be severed from the broader regulatory question? Join us for a discussion of these and other issues surrounding the financing of litigation. Featuring: Oramel H. Skinner, III, Executive Director, Alliance For Consumers Gene P. Hamilton, President, America First Legal Foundation Phil Goldberg, Partner, Shook, Hardy & Bacon, LLP [Moderator] Jim Wedeking, Counsel, Boyden Gray PLLC
People in this episode
Host: Phil Goldberg
Guests: Oramel H. Skinner, III, Gene P. Hamilton, Jim Wedeking
Mentioned in this episode
Organizations: Alliance For Consumers, America First Legal Foundation, Shook, Hardy & Bacon, LLP, Boyden Gray PLLC
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