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Rep. Cole tells Senate committee bill would bar foreign involvement in third-party litigation financing
Summary
State Rep. Brian Cole told the Senate Judiciary committee HB1384 would stop foreign governments and other foreign entities from becoming involved in U.S. civil litigation funding and discovery; opponents raised process and access-to-courts concerns, but the committee took no vote in the hearing.
State Representative Brian Cole, in testimony to the Senate Judiciary Committee, said HB1384 would bar certain foreign entities from participating in third-party litigation financing (TPLF) that can expose sensitive discovery materials. "This version that you have before you basically just stops foreign entities from involving themselves in our legal system," Cole said, arguing the change is a narrow "guardrail" against countries like China or Russia gaining access to court discovery.
The bill, as described by Cole, would restrict involvement by entities designated under federal listings (he referenced 15 CFR 791.4) and follows similar laws adopted in other states. Cole said more than half the states have enacted some form of TPLF restrictions and framed the measure as aligning New Hampshire with that national trend.
Not all members were persuaded. Representative Timothy Han, who introduced himself for the record during the hearing, opposed the bill on process and principle grounds. Han said the proposal had arrived as a last-minute ‘‘replace-all’’ amendment and warned against measures that could restrict access to the courts: "We believe in the rule of law and ... everybody should have access to the courts to address their grievances," he said. Han cautioned that broadly barring foreign entities could cut off legitimate claims and urged more time to vet the language.
No committee vote was reflected in the transcript. The hearing concluded after questions and a check for additional speakers; committee members and witnesses moved on to the next item on the agenda.
