Monday, February 17, 2025

FRAP 29 Flap

Bloomberg Law has Draft Amicus Disclosure Rule Faces Opposition From Lawyers

  • Attorneys concerned about needing leave to file briefs
  • Others worried about donor privacy issues
Attorneys largely raised concerns about a proposed rule meant to disclose funding for amicus briefs, saying it would create new hurdles to presenting outside arguments in court cases.

At a Friday virtual hearing on the potential rule, some lawyers said the current proposal would add to federal appeals courts’ workload, as judges or clerks would have to consider whether a friend-of-the-court brief can even be filed. Others argued the proposed rule would prevent parties from participating in litigation, either due to concerns about donor privacy or increased litigation costs from having to file additional motions.