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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.

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John Freund

John Freund

Commercial

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Case Developments Commercial

Court Shields Haptic’s Litigation-Funding Files From Apple

By John Freund |

A Northern District of California decision has handed patent plaintiff Haptic Inc. an important procedural win in its infringement fight with Apple over the iPhone’s “Back Tap” feature.

An article in eDiscovery Today by Doug Austin details Judge Jacqueline Corley’s ruling that work-product protection extends to Haptic’s damages analyses and related documents that were shared with a third-party litigation funder during due diligence.

Although Apple argued that those materials might reveal funder influence over strategy or settlement posture, the court held that Apple showed no “substantial need” sufficient to overcome the privilege. The opinion also rejects Apple’s broader bid for a blanket production of Haptic-funder communications, finding the parties had executed robust NDA and common-interest agreements that preserved confidentiality and avoided waiver. Only royalty-base spreadsheets directly relevant to Georgia-Pacific damages factors must be produced, but even those remain shielded from broader disclosure.

Judge Corley’s order is the latest in a string of decisions limiting discovery into financing arrangements unless a defendant can identify concrete, case-specific prejudice. For funders, the ruling underscores the importance of tight contractual language—and disciplined information flows—in preserving privilege. For corporate defendants, it signals that speculative concerns about control or conflicts will not, standing alone, open the door to funder dossiers.

Case Developments Commercial

Beasley Allen Beats J&J Funding Discovery Bid

By John Freund |

Johnson & Johnson’s quest to unmask the financial backers behind the avalanche of talc-cancer claims just hit another wall. A special master overseeing the federal multidistrict litigation has rejected the company’s demand that plaintiffs’ firm Beasley Allen disclose its third-party funding agreements and related communications. The ruling affirms that the materials are protected attorney work product and that J&J failed to show any “substantial need” that would override that privilege.

Law360 reports that J&J argued funders might be steering litigation strategy or settlement positions, threatening fairness to the defendants. The special master disagreed, noting Beasley Allen’s lawyers, not its financiers, control the case and that J&J offered no concrete evidence of undue influence.

The decision aligns with a growing body of federal authority allowing discovery only when a defendant can articulate specific, non-speculative concerns. For funders, the order underscores that carefully structured agreements—and disciplined funder conduct—can withstand aggressive discovery campaigns even in headline-grabbing mass-torts.

The outcome is another tactical setback for J&J as it defends more than 60,000 ovarian- and mesothelioma-related suits while pursuing parallel bankruptcy maneuvers through subsidiary Red River Talc. For the legal-finance community, the ruling reinforces work-product boundaries and signals that courts remain wary of turning funding discovery into a fishing expedition.

Case Developments Commercial

Manolete Nets £3.2M in Truck Cartel Settlement

By John Freund |

Manolete Partners has announced a £3.2 million payout from the settlement of one of its truck cartel claims, marking a rare but highly profitable detour from its usual insolvency-focused litigation funding strategy.

A company release confirms that the settlement will generate a money multiple of approximately 6.6x and a cash ROI of 560% on Manolete’s £483,000 investment in the case. The settlement proceeds are expected to be received in full by 1 August 2025, and will be used to reduce indebtedness under its revolving credit facility with HSBC UK. Although the agreement’s terms are confidential, Manolete emphasized the significant cash return while noting that a non-cash fair value write-down of £836,000 will be applied to reflect the net asset value recorded in its March 2025 financials.

This settlement is part of a broader portfolio of truck cartel claims that Manolete has consistently labeled as a one-off deviation from its core business in insolvency litigation. The company stressed that while it is pleased with this result and optimistic about further progress on outstanding claims, it is “very unlikely” to pursue future competition law claims.

In preparation for its interim accounts ending September 30, 2025, the company anticipates a further £1.1 million non-cash write-down on the remaining unsettled truck cartel matters. With the settlement proceeds and combined £1.9 million in write-downs, Manolete expects the net asset value of the outstanding truck cartel claims to stand at approximately £10.3 million.

Manolete’s foray into competition claims raises compelling questions about the risk/reward calculus in diversifying beyond core litigation strategies. Even as the firm signals a retreat from this space, the outsized return could spark interest among funders considering similarly calculated bets outside their main verticals.