Game-Changing” Paper Advances Case for Disclosure of TPLF Contracts

LCJ’s new Rules Suggestion on TPLF disclosure exposes the control provisions in nine funder contracts. It offers a compelling case for a uniform rule requiring TPLF contract disclosure to judges and parties. Included with the filing are the actual contracts analyzed by LCJ. You can read LCJ’s Rules Suggestion on disclosure of TPLF contracts here.

Jim Beck calls LCJ’s filing a “game-changing submission” in the September 22 issue of the Drug and Device Law Blog. Beck writes that the analysis rips away the “veil of secrecy” that surrounds TPLF, analyzes why and how key TPLF contract provisions distort litigation and impact court proceedings, and demonstrates why nothing less than disclosure of TPLF contracts is necessary to prevent abuses.

Reuters highlights the “juicy trove” of TPLF contracts included in LCJ’s paper: “Taken together, the contracts offer insight into the degree of control litigation funders can exercise over the cases they back.” (“Litigation funding is secret, but these documents raise questions,” Jenna Greene, Reuters, September 11, 2025)

LCJ’s Rules Suggestion, submitted to the Advisory Committee on Civil Rules on September 3rd, urges adoption of a uniform disclosure rule that would inform case management and prevent misunderstandings that can alter the dynamics of litigation and resolution.

LCJ’s filing is garnering legal and industry organization support. The Federation of Defense and Corporate Counsel, the International Association of Defense Counsel, and the American Property Casualty Insurance Association are among those issuing statements of support.

Articles and other TPLF resources are available in the LCJ website document directory and can also be found on LCJ’s dedicated website, www.AskAboutTPLF.com.