CIO Roundtable: Art of the Deal from Terms to Returns

Litigation financiers have narrowly sidestepped what many saw as an existential threat: a 40 percent federal tax on funding profits that had been quietly tucked into the Senate’s sprawling reconciliation bill. While the proposal’s defeat means the industry will remain in tact, the close call has exposed deep fissures in an industry still fighting for political legitimacy.

An article in Bloomberg recounts how the International Legal Finance Association (ILFA) scrambled a last-minute “war room,” tapping GOP fixer Pete Kirkham and leaning on senators Ron Wyden and Mike Lee to invoke the Byrd Rule and strip the revenue provision before a floor vote. The measure, authored by Sen. Thom Tillis, would have taxed funders at the top individual rate (37%) plus an additional 3.8%, barred loss-netting and lifted shields for tax-exempt investors—changes projected to raise $3.5 billion over a decade.

ILFA’s rapid mobilization underscored the piecemeal nature of the sector’s advocacy. Omni Bridgeway portfolio manager Gian Kull lamented that funders “are not one unified entity, like private equity,” while Parker Poe partner Michael Kelley called the bill “a rifle shot right to the heart.” Yet not every member chipped in for the fight, reviving free-rider complaints in an a highly fragmented industry. Meanwhile, opponents led by the U.S. Chamber of Commerce—and vocal corporates Johnson & Johnson, Exxon Mobil and Liberty Mutual—signaled they will pivot to state legislatures and renewed transparency drives.

Writing on LinkedIn, Peter Petyt, founder of 4 Rivers Legal underscored the urgency of the current moment: "This moment calls for more than celebration — it demands leadership. The industry must come together to educate, advocate, and engage with lawmakers and the public in a constructive way."

For funders, the episode is a stark reminder that large corporations are gunning for this industry's very existence. Expect beefed-up lobbying budgets, accelerated ILFA recruitment and louder messaging on consumer access to justice as the industry braces for the next volley in what is fast becoming a multi-front policy war on third-party capital.

A Manhattan federal judge has handed Argentina a three-day reprieve in the long-running Petersen / Eton Park saga, pausing enforcement of a $16.1 billion judgment that would force the hand-over of the country’s 51 percent stake in YPF.

Reuters notes that Judge Loretta Preska pushed the turnover deadline to July 17 so Buenos Aires can seek emergency relief from the Second Circuit, while chastising the sovereign for what she called “continued delay and circumvention.” The minority shareholders—represented by Burford Capital—stand to capture as much as 73 percent of the proceeds if Argentina ultimately pays, a prospect the Milei administration says could destabilize an economy already battling 200 percent inflation and dwindling reserves.

Preska’s order reinforces New York courts’ willingness to deploy drastic remedies against recalcitrant sovereigns, signalling that litigation financiers can indeed convert paper judgments into hard assets—even politically sensitive ones like a controlling stake in a national oil champion.

For the wider industry, the decision spotlights the enforcement stage as a fertile (and risky) arena for capital deployment. Success here could spur more sovereign-related funding, but also sharpen calls for transparency around funder returns when public assets are at stake.