WASHINGTON (October 4, 2024) – This week, more than 100 of the nation’s largest corporations sent a letter to the federal courts’ Advisory Committee on Civil Rules demanding mandatory disclosure of third-party litigation funding. In response, Kristen Osenga, chief policy counselor at the Inventors Defense Alliance, issued the following statement:
“These massive companies would like the courts to believe that they are only interested in ‘transparency’ and ‘fairness.’ But their effort is about solidifying their unfair advantage in the justice system – and driving up the already steep cost of litigation.
“Forcing startups and small businesses to disclose information about litigation funding inevitably exposes information about legal strategies and financial resources – and would tie them up in expensive legal knots over issues irrelevant to their cases.
“Small businesses are the engine of America’s economy, supporting 62 million jobs. Access to capital enables these businesses to enforce their intellectual property on a level playing field. This helps ensure that cases are decided on the merits, not by who has the deepest pockets.
“Make no mistake: The effort by big business to squash litigation finance is an effort to undermine the fundamental American principle of equal access to justice.”
About the Inventor’s Defense Alliance: The Inventors Defense Alliance is a nonpartisan, nonprofit, 501(c)(4) advocacy organization that works to build support for inventors’ rights, safeguard justice, and protect access to capital. Learn more at www.InventorsDefense.org.