The Big Picture: Third-party litigation funding (TPLF) is a multibillion-dollar, global industry. Research shows that litigation funding can distort judicial outcomes1 as funders attempt to maximize returns on their investments.
However, the overall impact of TPLF on the legal system remains opaque given that funding agreements are rarely disclosed. We are working to close this data gap by asking for your participation in a brief, anonymous survey, which will serve as a precursor
to the development of a TPLF repository of related litigation documents and resource materials for member access.
“This is about far more than numbers, but the numbers are a good place to begin—and indeed they tell an important part of the story. Litigation financing is big business.”
—Third-Party Litigation Funding: Civil Justice and the Need for Transparency (DRI 2018).
The DRI Center for Law and Public Policy and the American Property Casualty Insurance Association (APCIA) have created a brief survey to help better understand—and to increase the level of awareness among defense litigators about—the prevalence and impact of TPLF. Through this survey, we hope to learn:
- Whether and how often counsel are seeking TPLF information through disclosure, discovery, or motions to compel;
- The extent to which counsel have been able to obtain litigation funding agreements;
- How knowledge of TPLF affects case evaluation and potential strategy;
- Suggestions for how the defense bar may counter opposition to disclosure; and
- The effect of those court rules and state statutes expressly requiring or allowing TPLF disclosure.
1 See e.g., https://community.lawschool.cornell.edu/wp-content/uploads/2025/03/Behens-final.pdf
We very much appreciate your support of this important TPLF joint initiative as well as your participation in this anonymous survey. Aggregated and anonymized results will be shared with members. If you don't see the form below, click here.