Kennedy reintroduces the Protecting Our Courts from Foreign Manipulation Act to end overseas meddling in U.S. litigation
WASHINGTON – Sen. John Kennedy (R-La.), a member of the Senate Judiciary Committee, reintroduced the Protecting Our Courts from Foreign Manipulation Act to stop foreign governments and entities from covertly funding litigation in America’s courts.
“America’s courtrooms belong to the American people—not Beijing, Moscow, or any other foreign government looking to undermine our economic and national security. Right now, hostile foreign nations can pour money into our legal system like it’s a slot machine, hoping to shake loose our military technology, undercut U.S. companies, or push political agendas. The Protecting Our Courts from Foreign Manipulation Act ensures these foreign bad actors cannot sneak through our justice system through the back door,” said Kennedy.
Foreign entities currently inject billions of dollars into U.S. third-party litigation financing to influence case outcomes, pursue strategic geopolitical goals, and target sensitive commercial or military technology. These covert foreign-funded lawsuits can exploit weak disclosure requirements, turning America’s courts into tools for foreign manipulation.
The Protecting Our Courts from Foreign Manipulation Act would:
- Require full disclosure from any foreign person or entity participating in civil litigation as a third-party litigation funder in U.S. federal courts.
- Ban foreign governments and sovereign wealth funds from participating—directly or indirectly—in litigation financing.
- Require the Department of Justice’s National Security Division to track and report on foreign third-party litigation funding throughout the federal judiciary.
In January 2023, Kennedy urged U.S. Supreme Court Chief Justice John Roberts and then-U.S. Attorney General Merrick Garland to confront the national security risks posed by foreign actors—particularly China—who covertly bankroll litigation in U.S. courts…
“The R Street Institute is happy to see Senator Kennedy reintroduce the Protecting Our Courts from Foreign Manipulation Act that will help shine a light on the shadowy funders of third-party litigation, and limit the ability of foreign governments to negatively impact various U.S. industries by tying them up in anonymous third-party litigation. The current third-party litigation status quo lacks much needed transparency, and it could open the door to foreign entities detrimentally impacting our national security. We applaud Senator Kennedy for his leadership on this issue, and R Street is happy to support and endorse this legislative effort again this Congress. We urge more lawmakers to join him in this push for more transparency in our courts,”saidAnthony Lamorena, Senior Federal Affairs Manager at the R Street Institute.
Full text of the Protecting Our Courts from Foreign Manipulation Act is available here.