Page 49 - FDCC_Flyer_Winter2024

44 winter | federation flyer www.thefederation.org
•
In October, the Advisory
Committee on Civil Rules
initiated an examination of
third-party litigation funding
(TPLF). Per the practice of
the Advisory Committee, it
has formed a subcommittee
which is expected to include
in its consideration of TPLF an
examination of the inconsistent
and sometimes ineffective
approaches of federal courts
in securing TPLF agreement
disclosures. Based on that
subcommittee’s work, the
Advisory Committee will
determine if a federal rule on
TPLF disclosure is warranted.
•
The action of the Advisory
Committee on Civil Rules to
begin work on TPLF followed
the submission of a letter
signed by 124 major companies
from various sectors calling
for national court rules to
provide a uniform and efficient
procedure for disclosure of
TPLF agreements in civil cases.
A concurrent LCJ comment
urged the Advisory Committee
to address the patchwork of
inadequate federal practices on
TPLF disclosure.
•
Courts increasingly recognize
the need to know about TPLF
in their cases, but they are using
varied and often insufficient
means of inquiry. LCJ has
launched the “Ask About
TPLF” campaign, designed to
highlight both effective and
inadequate practices by courts
is obtaining TPLF disclosure
and to encourage attorneys to
advocate for TPLF disclosure in
their cases.
Engagement of FDCC members on
these and other rule changes has
been vital to the success of LCJ and
more is needed.
Dan Steen is an FDCC Defense Counsel
Member and Executive Director of the
Lawyers for Civil Justice. Contact him at:
dsteen@lfcj.com
Engagement of FDCC
members on these and
other rule changes
has been vital to the
success of LCJ and more
is needed.
For more information on these and other proposed rule
changes and how you can participate in the efforts to
improve civil litigation rules, visit www.lfcj.com.
To learn more about “Ask About TPLF,” visit www.askaboutTPLF.com.
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