By Emily R. Siegel
Full Story in Bloomberg Law
Georgia Governor Brian Kemp (R) signed a bill regulating the litigation funding industry into law on Monday.
The new law allows funding agreements to be discoverable in court and bans funders from directing the cases they bankroll, including having a say in legal counsel selections and settlement decisions. It requires funders to register with the state and prohibits foreign governments and entities designated by the US Commerce Department as foreign adversaries from backing cases in the state’s courts.
“Today is a victory for the people of our state who for too long were suffering the impacts of an out-of-balance legal environment,” Kemp said in a press release.
The bill is part of Kemp’s broader tort reform package, which was also signed into law Monday. New laws eliminate a loophole that supporters said allowed attorneys to receive double their fees and permits defense counsel to submit evidence about insurance coverage for medical bills in personal injury cases. Kemp, along with Lieutenant Governor Burt Jones, House Speaker Jon Burns, and Insurance and Safety Fire Commissioner John King presented the package as a way to level the playing field in courtrooms and stabilize insurance costs for businesses and consumers.
Litigation finance is the subject of a handful of state bills this year including in Ohio, New Hampshire, and Arizona.
Protecting American Consumers Together (PACT), a newly formed advocacy organization pushing for bills directed at the personal injury system, backed Georgia’s tort reform package. PACT launched in January with backing from Uber and committed more than $10 million towards advertisements focused on consumer protection and transparency in the legal system.
“PACT applauds Governor Kemp and the Georgia legislature for their hard work to protect consumers, lower costs and increase transparency,” said PACT Executive Director Lauren Zelt. “This law makes the Peach State more affordable for families and small businesses while reforming a broken system that ensures consumers and victims can seek the justice they deserve.”