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TV Ad Targets Litigation Funders Amid 41% Tax Proposal

By John Freund |

A shadowy new television ad has thrown fresh fuel on the fire surrounding third-party litigation funding, signaling a sharp escalation in efforts to reshape the industry’s tax treatment. The 60-second spot, airing nationally, takes aim at litigation financiers and the plaintiffs’ bar, aligning with a Republican-backed push to impose a steep 41% tax on litigation finance profits through an upcoming federal appropriations bill.

According to Bloomberg Law, the ad features dramatic visuals and pointed messaging designed to raise public concern about the role and influence of litigation funders in the civil justice system. While the ad does not disclose its sponsor, its timing and tone suggest it is part of a coordinated campaign to build momentum behind proposed tax reforms that would treat funder profits as ordinary income rather than capital gains.

At the heart of the policy debate is whether litigation funders should continue to benefit from preferential tax rates typically reserved for long-term investment income. Proponents of the tax hike argue that funders are not passive investors but active participants in the legal process who should face a higher tax burden. Critics, meanwhile, warn that the proposal would discourage funding for meritorious claims and restrict access to justice, especially in costly litigation where plaintiffs cannot afford to proceed without external financing.

The ad spot represents a new front in the political battle over litigation finance, which has faced increasing scrutiny from lawmakers, regulators, and industry opponents. It follows recent moves by groups like the American Property Casualty Insurance Association, which have endorsed similar tax reforms aimed at reining in the sector.

APCIA Pushes for Tighter Tax Treatment of Litigation Funders

By John Freund |

The American Property Casualty Insurance Association (APCIA) has thrown its support behind the “Tackling Predatory Litigation Funding Act,” a proposed bill aimed at increasing tax and regulatory scrutiny of third-party litigation funders. APCIA is advocating for the legislation’s inclusion in the federal reconciliation package, underscoring the insurance industry’s mounting concern over the financial and legal impact of third-party litigation funding (TPLF).

An article in Insurance Business Magazine reports that the APCIA is backing the measure as part of its broader efforts to rein in what it views as predatory funding practices. The association argues that TPLF arrangements can distort the legal process by incentivizing unnecessary litigation, driving up settlement costs, and fostering conflicts of interest between funders and claimants.

The proposed legislation would require litigation funders to pay taxes on returns previously treated as capital gains, thereby classifying their profits more akin to business income. This shift could significantly affect the financial calculus for funders, particularly those operating in high-volume, high-return sectors of mass tort and class action litigation.

The APCIA’s stance aligns with a broader pattern of resistance from the insurance industry, which has increasingly blamed litigation funding for contributing to “social inflation”—the rising costs of claims due to expanded legal theories and larger jury awards. With the insurance lobby stepping up its pressure, this bill could serve as a litmus test for how the federal government chooses to address the growing influence of litigation finance.

If passed, the legislation could reshape the risk-reward profile for funders and usher in a new era of compliance obligations. The legal funding industry will be watching closely to see whether this signals the start of a more aggressive regulatory push from Washington.

Google Faces £1B UK Trial Over App Store Fees, Funded by Bench Walk Advisors

By John Freund |

A landmark collective action against Google has cleared a key legal hurdle in the UK, with the Competition Appeal Tribunal (CAT) certifying a £1.04 billion lawsuit brought on behalf of thousands of UK app developers.

The class action, spearheaded by Strathclyde University competition law professor Barry Rodger and backed by litigation funder Bench Walk Advisors, accuses Google of abusing its dominant position by imposing excessive commissions on app sales through its Play Store.

The case filing outlines that the CAT has issued a collective proceedings order, allowing the case to move to trial. The claim targets exorbitant commissions, alleging these charges unfairly burden UK app developers—many of them small- and medium-sized enterprises—by effectively locking them into the Play Store ecosystem through restrictive contractual and technical practices.

The case adds to mounting regulatory and legal scrutiny of Google’s Play Store practices worldwide. The European Commission recently issued preliminary findings under the Digital Markets Act, the UK’s CMA is assessing Google’s “Strategic Market Status,” and U.S. courts have already found the tech giant in breach of antitrust laws. The timing of the CAT’s ruling puts further pressure on Google, particularly as similar legal actions, including a new suit by Korean developers, continue to emerge globally.

Golden Pear Upsizes Corporate Note to $78.7M Amid Growth Plans

By John Freund |

Golden Pear Funding has extended and upsized its investment-grade corporate note to $78.7 million, further bolstering the firm's capacity to serve the expanding litigation finance sector. The New York-based funder, a national leader in both pre-settlement and medical receivables financing, said the proceeds will support working capital and fuel strategic growth initiatives.

A press release from Golden Pear outlines how the capital raise reflects continued investor confidence in the firm’s business model. CEO Gary Amos noted that the infusion is critical as Golden Pear seeks to scale alongside the “rapidly expanding litigation finance market.” CFO Daniel Amsellem added that the new funding aligns with the company’s capital allocation strategy, aimed at optimizing operational efficiency and executing strategic projects.

Brean Capital, LLC acted as the exclusive financial advisor and sole placement agent on the transaction.

Founded in 2008, Golden Pear has funded more than $1.1 billion to over 87,000 clients and remains one of the largest specialty finance companies in the U.S. Its business model spans legal case funding and medical receivables purchasing, with backing from a network of private equity partners that provide institutional support for continued expansion.

S&P Warns Litigation Funding May Distort Insurance Market Dynamics

By John Freund |

A panel convened by S&P Global has flagged litigation funding as a growing concern for casualty insurers, warning that its rapid rise could be fueling systemic inefficiencies and potential abuse in the legal system.

An article in Reuters details the findings from an S&P insurance panel that expressed concern over how the increasing role of third-party litigation funding is contributing to the volume and aggressiveness of legal claims. Panelists noted that while there is “no sign of the apocalypse,” litigation funders’ influence is prompting a cautious stance from casualty insurers, who are facing escalating claim costs, longer litigation cycles, and a rising number of so-called nuclear verdicts.

The panel advocated for comprehensive tort reform, citing litigation funding as a key driver of what they see as a dysfunctional tort system. They warned that without structural legal changes, insurance markets could see greater volatility and pricing pressure. While the exact impact of litigation funding on claims frequency remains contested, S&P analysts are increasingly viewing it as a structural headwind for insurers navigating a tougher underwriting environment.

The remarks come amid broader industry scrutiny of litigation finance’s influence on legal outcomes and market dynamics. With funders enabling claimants to pursue extended or higher-value litigation, insurers argue the funding model skews incentives and inflates settlements. Calls for greater transparency around funding arrangements and closer regulatory oversight are growing louder within insurance circles.

This latest critique adds momentum to the ongoing debate over litigation finance’s long-term impact. As third-party funding becomes more entrenched across jurisdictions, questions remain about how insurers, lawmakers, and courts will respond—and whether litigation finance will continue reshaping the contours of legal risk.

Mayfair Legal Launches Wildfire Support Program for Plaintiffs

By John Freund |

Mayfair Legal Funding has unveiled a new initiative aimed at aiding wildfire victims in Los Angeles and Maui by providing pre-settlement advances tailored to individuals pursuing legal claims related to recent wildfire disasters. The program seeks to ease the financial burden on plaintiffs during the lengthy litigation process, allowing them to cover essential living expenses and medical costs without being forced into early or inadequate settlements.

An article in OpenPR reports that Mayfair’s program will provide wildfire-impacted claimants with cash advances while their cases proceed through court or settlement negotiations. The funding is non-recourse, meaning recipients are only obligated to repay the advance if their case is successful. This offering is particularly timely in light of the mounting legal battles related to utility-sparked wildfires in California and the catastrophic 2023 fires in Maui, both of which have left thousands seeking legal recourse and financial recovery.

Mayfair emphasized that this initiative aligns with its mission to ensure access to justice regardless of a claimant’s financial status. “We believe that no one should have to choose between basic survival and pursuing a rightful claim,” said a spokesperson for the funder, noting that the company’s underwriting process is designed for speed and minimal paperwork.

With natural disasters on the rise and litigation timelines stretching longer than ever, targeted pre-settlement funding like this may become an increasingly vital tool for plaintiffs. The wildfire-specific program from Mayfair underscores a growing trend of funders developing specialized products for mass torts and disaster-related litigation—an area likely to see heightened investor and regulatory attention in the years ahead.

Fortress Pushes Back on Tillis-Hern Tax Proposal Targeting Litigation Funding

By John Freund |

In a pointed rebuttal to a recent Wall Street Journal editorial, Fortress Investment Group President Jack Neumark has challenged claims that litigation funders—particularly those with foreign investors—exploit U.S. tax loopholes to avoid paying capital gains taxes on lawsuit proceeds.

The Wall Street Journal published an editorial titled “Ending a Tax Break for Lawsuits” supporting a legislative proposal from Senator Thom Tillis and Representative Kevin Hern that would increase taxes on litigation finance returns. In response, The Wall Street Journal published Neumark’s letter, where he firmly stated that Fortress is an American company whose legal asset investments are made by U.S.-based leadership and taxed under standard corporate or ordinary income rules—not as capital gains.

Neumark argued that Fortress-managed funds do not provide any capital gains tax exemption for foreign investors, pushing back against the editorial’s implication that litigation funding primarily benefits non-U.S. entities seeking to exploit the American legal system. He defended litigation finance as a tool for U.S. businesses to more efficiently pursue justified legal claims, reducing costs and allowing for reinvestment in growth and job creation.

Challenging the editorial’s portrayal of funded claims as “dubious,” Neumark highlighted that many have resulted in jury verdicts or settlements amounting to billions. He underscored the legitimacy of the U.S. court system in weeding out meritless suits and ensuring fair compensation for real damages.

Neumark concluded by warning that the Tillis-Hern tax measure would extend well beyond foreign investors, affecting domestic investors such as pension funds and effectively doubling tax rates on companies pursuing litigation—creating a precedent for ideologically motivated tax targeting.

This public defense signals a broader resistance among funders to legislative efforts that blur the lines between tax reform and ideological opposition to litigation finance. As these proposals gain traction, expect more funders to enter the public arena to protect what they view as vital access-to-justice infrastructure.

Therium Taps Fortress to Manage Caseload Amid Restructuring

By John Freund |

Therium Capital Management has enlisted Fortress Investment Group to take over the management of the bulk of its litigation portfolio, marking a significant operational shift for one of the industry’s most prominent players. The move comes as Therium continues to restructure its business following reported job cuts earlier this year.

As reported by The Lawyer, Fortress will now serve as sub-adviser, overseeing the day-to-day handling of most of Therium’s funded cases. The collaboration is framed as a bid for greater efficiency and operational streamlining, rather than a full exit from case management. Sources indicate that existing litigation funding agreements between Therium and law firms will remain unchanged, suggesting the funder aims to preserve continuity for its clients and counterparties.

Therium has been a key figure in shaping modern litigation finance, with a global footprint and involvement in numerous high-profile disputes. This development raises compelling questions about how prominent funders are navigating a post-PACCAR environment, and if there will be other similar restructurings on the horizon.