Document Type
Article
Publication Date
2025
ISSN
0042-1448
Publisher
University of Utah College of Law
Language
en-US
Abstract
Third-party funding is a global phenomenon, although regulatory enforcement is local. Regulatory approaches vary widely from country to country and within countries, especially in federal legal systems, such as Canada, Australia, and the United States. The United States federal government is learning about third-party funding with an eye toward potential future regulation. Congress has been investigating funding, as evidenced by testimony in congressional hearings, proposed federal legislation, and a nonpartisan study on third-party funding by the Government Accountability Office. In addition, after more than a decade of observation, the United States Federal Civil Rules Advisory Committee recently formed a committee to explore whether to change the Federal Rules to address third-party funding. The United States federal government takes these steps against the patchwork quilt of conflicting and contrasting state regulations regarding third-party funding.
This Article explores how federalism affects third-party funding in the United States. Specifically, it explores the likely effects of future third-party funding regulation at the federal level in conjunction with existing state regulations. Moreover, this Article presents various benefits and drawbacks that the United States federal government should consider when deciding whether to regulate TPF directly. It predicts whether the United States federal government will regulate third-party funding and, if so, how. Finally, this Article concludes by suggesting avenues for future inquiry.
Recommended Citation
Victoria Sahani,
Predicting Federal Third-Party Funding Regulation
,
2025
Utah Law Review
883
(2025).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/4231
