Professor Keith Sharfman has recently published an article – “The Economic Case Against Forced Disclosure of Third Party Litigation Financing” – in the March/April 2022 issue of the New York State Bar Association Journal. The article is available on the NYSBA’s website here: 

An abstract of the article summarizes it as follows:  

“This article offers novel economic and policy arguments against recent efforts by policymakers and industry lobbyists to require civil litigants and their attorneys — through legislation, rules of procedure, and rules of professional responsibility — to disclose the extent and nature of any third party financing that they have obtained in support of their cases. Such disclosure requirements unfairly and inefficiently compromise financial privacy and raise litigation costs not only for those litigants who have received such financing, but also for litigants who have not. Policymakers should therefore reject them.”

The abstract and an earlier, working paper version of the article is available here:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4051939