This Act mandates new transparency and disclosure requirements for third-party litigation funding in large federal class and mass action lawsuits.
Charles "Chuck" Grassley
Senator
IA
The Litigation Funding Transparency Act of 2026 mandates new disclosure requirements for third-party litigation funders in large federal class and mass actions. This law requires parties to reveal the identity of funders, including any foreign state or sovereign wealth fund involvement, and produce funding agreements for court inspection. The legislation also prohibits funders from influencing litigation strategy and restricts their access to certain discovery materials.
When a massive group of people sues a corporation—think of a data breach or a faulty car part—the legal bills are astronomical. Often, outside investors step in to foot the bill in exchange for a cut of the settlement. The Litigation Funding Transparency Act of 2026 changes the rules of this game by requiring that these 'silent partners' be brought into the light. Within 10 days of signing a deal or serving a lawsuit, lawyers must now tell the court and the opposing side exactly who is bankrolling the case. This includes handing over the actual funding agreements and flagging if the money is coming from foreign governments or sovereign wealth funds (Section 2).
The End of the Silent Partner This bill pulls back the curtain on the financial machinery behind 'covered civil actions,' which includes class actions and cases involving 100 or more people. If you are a plaintiff in a major lawsuit, your legal team now has a strict deadline to disclose their financial backers. The logic is simple: the court wants to know if a foreign entity or a commercial enterprise is the one actually calling the shots. To keep things strictly about the law, the bill explicitly bans these funders from influencing legal strategy or settlement decisions. If a funder tries to tell a lawyer to hold out for more money against the client's best interest, the court can hold them in contempt (Section 2).
Protecting the Paper Trail For the average person, this could mean your lawsuit moves a bit more slowly or becomes more expensive as lawyers navigate new paperwork. The bill treats these disclosures like 'discovery' requirements, meaning if a lawyer forgets to mention a funder, they could face sanctions. There is also a new wall built around sensitive evidence. Funders are generally banned from seeing confidential documents protected by court orders unless a judge gives them a specific hall pass. This ensures that while they provide the cash, they don't get a front-row seat to a company's trade secrets or your private data (Section 2).
Global Eyes and Local Impacts One of the most significant shifts involves a new public report issued every 120 days by the Administrative Office of the U.S. Courts. This report will publicly list every foreign funder, the cases they are involved in, and exactly how much money they are pumping into the American legal system. While this adds a layer of national security oversight, it might also make some investors think twice before backing a case. If you’re a worker waiting on a settlement from a mass tort, the big question is whether this transparency will lead to fairer outcomes or if it will simply dry up the funding that allows regular people to take on giant corporations in the first place.