Smartmatic, one of the companies suing Fox News over falsehoods regarding the 2020 presidential election, moved to modify an order issued by a judicial hearing officer, requiring plaintiffs to provide defendants with Litigation Finance Agreements (LFAs).

The JHO implicitly found that an LFA could lead to information relevant to plaintiffs’ motive to bring the action, which goes to an element of defendants’ anti-SLAPP counterclaim.