The rules governing third-party funding of commercial claims vary by state. Some jurisdictions have no champerty or maintenance restrictions; others retain doctrines that require careful structuring. In every state, Criterica Capital helps structure commercial litigation finance as a return on capital deployed against the claim's expected recovery, not as an interest in the underlying cause of action, and coordinates with local counsel to comply with the applicable professional-responsibility rules.
What does not vary is our evaluation. Across all 51 jurisdictions, we score claims against outcome models trained on legal data, so the evaluation reflects the observed economics of comparable disputes rather than relationships or geography.
State rules for commercial litigation finance
Each state: its commercial funding posture, whether it has a consumer legal funding statute and where it is codified, and what that means for financing a business dispute. Each state name opens the full state page.
| State | Funding posture | Consumer legal funding statute | In brief |
|---|---|---|---|
| Alabama | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared in Alabama for breach of contract, business fraud, and related affirmative business claims. |
| Alaska | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for Alaska businesses and law firms pursuing affirmative commercial claims. |
| Arizona | Permitted | A.R.S. §§ 12-3451 to 12-3456 (Title 12, Ch. 28) | Arizona is a receptive jurisdiction for commercial litigation finance, and the state has notably modernized its legal-services regulation. |
| Arkansas | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for Arkansas businesses and firms pursuing affirmative commercial claims. |
| California | Permitted — well established | Cal. Bus. & Prof. Code §§ 6250–6256 | California is the largest and most active litigation finance market in the United States. |
| Colorado | Permitted | Colo. Rev. Stat. §§ 5-9.6-101 et seq. | Colorado is a receptive jurisdiction for commercial litigation finance. |
| Connecticut | Permitted | Conn. Gen. Stat. §§ 36a-555 to 36a-573 | Commercial litigation finance requests can be prepared for Connecticut businesses and firms pursuing affirmative commercial claims. |
| Delaware | Permitted — well established | No dedicated statute; common law applies | Delaware is the nation's central forum for corporate and commercial litigation, and commercial litigation finance for claims arising there is well established. |
| Florida | Permitted | No dedicated statute; common law applies | Florida is one of the most active litigation markets in the country, and commercial litigation finance requests can be prepared for Florida businesses and firms pursuing breach of contract, fraud, and business tort claims. |
| Georgia | Permitted | O.C.G.A. Title 7, Ch. 10, §§ 7-10-1 et seq. | Commercial litigation finance requests can be prepared for Georgia businesses and firms pursuing affirmative commercial claims. |
| Hawaii | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for Hawaii businesses and firms pursuing affirmative commercial claims. |
| Idaho | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for Idaho businesses and firms pursuing affirmative commercial claims. |
| Illinois | Permitted | 815 ILCS 121/1 et seq. | Illinois is a major litigation market, and commercial litigation finance requests can be prepared for Illinois businesses and firms pursuing breach of contract, fraud, and shareholder claims. |
| Indiana | Permitted with structuring | Ind. Code Title 24, Art. 12, Ch. 1–4.5 (esp. § 24-12-4.5-2) | Commercial litigation finance requests can be prepared for Indiana businesses and firms pursuing affirmative commercial claims. |
| Iowa | Permitted | Iowa Code Ch. 537C | Commercial litigation finance requests can be prepared for Iowa businesses and firms pursuing affirmative commercial claims. |
| Kansas | Permitted | HB 2518 (2026 session) — K.S.A. citation not yet finalized in the statute book | Commercial litigation finance requests can be prepared for Kansas businesses and firms pursuing affirmative commercial claims. |
| Kentucky | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for Kentucky businesses and firms pursuing affirmative commercial claims. |
| Louisiana | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for Louisiana businesses and firms pursuing affirmative commercial claims. |
| Maine | Permitted | 9-A M.R.S. Art. 12, §§ 12-101–12-107 | Commercial litigation finance requests can be prepared for Maine businesses and firms pursuing affirmative commercial claims. |
| Maryland | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for Maryland businesses and firms pursuing affirmative commercial claims. |
| Massachusetts | Permitted — well established | No dedicated statute; common law applies | Massachusetts is a receptive jurisdiction for commercial litigation finance, with case law recognizing the permissibility of properly structured funding. |
| Michigan | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for Michigan businesses and firms pursuing affirmative commercial claims. |
| Minnesota | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for Minnesota businesses and firms pursuing affirmative commercial claims. |
| Mississippi | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for Mississippi businesses and firms pursuing affirmative commercial claims. |
| Missouri | Permitted | Mo. Rev. Stat. §§ 436.550–436.572 | Commercial litigation finance requests can be prepared for Missouri businesses and firms pursuing affirmative commercial claims. |
| Montana | Permitted | Mont. Code Ann. Title 31, Ch. 4, Part 1 (§ 31-4-104) | Commercial litigation finance requests can be prepared for Montana businesses and firms pursuing affirmative commercial claims. |
| Nebraska | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for Nebraska businesses and firms pursuing affirmative commercial claims. |
| Nevada | Permitted | Nev. Rev. Stat. Ch. 604C | Commercial litigation finance requests can be prepared for Nevada businesses and firms pursuing affirmative commercial claims. |
| New Hampshire | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for New Hampshire businesses and firms pursuing affirmative commercial claims. |
| New Jersey | Permitted | No dedicated statute; common law applies | New Jersey is a major litigation market, and commercial litigation finance requests can be prepared for New Jersey businesses and firms pursuing breach of contract, fraud, and business tort claims. |
| New Mexico | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for New Mexico businesses and firms pursuing affirmative commercial claims. |
| New York | Permitted — well established | N.Y. Gen. Bus. Law §§ 899-ccc–899-mmm | New York is the nation's premier commercial litigation finance market, with a deep body of practice and a statutory safe harbor for larger funding transactions. |
| North Carolina | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for North Carolina businesses and firms pursuing affirmative commercial claims. |
| North Dakota | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for North Dakota businesses and firms pursuing affirmative commercial claims. |
| Ohio | Permitted with structuring | Ohio Rev. Code § 1349.55 (current, through 10/5/2026); Ohio Rev. Code §§ 1357.01–1357.10 (effective 10/6/2026) | Commercial litigation finance requests can be prepared for Ohio businesses and firms pursuing affirmative commercial claims. |
| Oklahoma | Permitted | Okla. Stat. tit. 14A, §§ 3-801–3-817 | Commercial litigation finance requests can be prepared for Oklahoma businesses and firms pursuing affirmative commercial claims. |
| Oregon | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for Oregon businesses and firms pursuing affirmative commercial claims. |
| Pennsylvania | Permitted | No dedicated statute; common law applies | Pennsylvania is a major litigation market, and commercial litigation finance requests can be prepared for Pennsylvania businesses and firms pursuing breach of contract, fraud, and professional liability claims. |
| Rhode Island | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for Rhode Island businesses and firms pursuing affirmative commercial claims. |
| South Carolina | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for South Carolina businesses and firms pursuing affirmative commercial claims. |
| South Dakota | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for South Dakota businesses and firms pursuing affirmative commercial claims. |
| Tennessee | Permitted | Tenn. Code Ann. §§ 47-16-101–110 | Commercial litigation finance requests can be prepared for Tennessee businesses and firms pursuing affirmative commercial claims. |
| Texas | Permitted — well established | No dedicated statute; common law applies | Texas is one of the largest and most active litigation finance markets in the country, and commercial funding is well established. |
| Utah | Permitted | Utah Code Ann. §§ 13-57-101 et seq. | Utah is a forward-looking jurisdiction for legal-services innovation, and commercial litigation finance requests can be prepared for Utah businesses and firms pursuing affirmative commercial claims. |
| Vermont | Permitted | 8 V.S.A. §§ 2251–2260 | Commercial litigation finance requests can be prepared for Vermont businesses and firms pursuing affirmative commercial claims. |
| Virginia | Permitted with structuring | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for Virginia businesses and firms pursuing affirmative commercial claims. |
| Washington | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for Washington businesses and firms pursuing affirmative commercial claims. |
| Washington, DC | Permitted — well established | No dedicated statute; common law applies | The District of Columbia is a sophisticated jurisdiction for commercial litigation finance, with a concentration of high-stakes federal and regulatory commercial litigation. |
| West Virginia | Permitted with structuring | See the state page | Commercial litigation finance requests can be prepared for West Virginia businesses and firms pursuing affirmative commercial claims. |
| Wisconsin | Permitted with structuring | Wis. Stat. § 804.01(2)(bg) | Commercial litigation finance requests can be prepared for Wisconsin businesses and firms pursuing affirmative commercial claims. |
| Wyoming | Permitted | No dedicated statute; common law applies | Commercial litigation finance requests can be prepared for Wyoming businesses and firms pursuing affirmative commercial claims. |
Criterica Capital editorial · Last reviewed
By state: Law firm capital · Portfolio finance
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