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

By John Freund |

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

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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Queensland Court Halts Blue Sky Insider Trading Class Action Over $630,000 Security for Costs

The Supreme Court of Queensland has stayed an insider trading class action after ordering the plaintiff to post $630,000 in security for costs across seven defendants, finding there was reason to believe the company could not meet an adverse costs award.

As reported by Insurance Business Australia, the plaintiff, Blue Dog Group, never produced financial statements or management accounts despite repeated requests from the defendants about who was funding the case. The plaintiff's solicitor offered only general assurances that security would be provided "where it ought to do so."

Notably, no litigation funder is involved in the proceeding. That absence is central to the outcome: with no funder standing behind the claim, the defendants' costs exposure ran to the plaintiff company's own balance sheet, which was never disclosed. The court found there was reason to believe Blue Dog could not pay the defendants' costs — a proposition the plaintiff did not seriously contest.

The proceedings have been stayed and disclosure paused until security is posted.

The decision is a reminder that funding transparency cuts both ways. Defendants increasingly press for disclosure of funding arrangements as a route to security applications, and an unfunded corporate plaintiff that declines to open its books may find that silence treated as evidence of impecuniosity. For claimants without institutional backing, the practical effect is that a security order can stop a class action before the merits are reached.

KP Law’s £250 Million Binance Group Action Reaches 2,700 Claimants

More than 1,000 additional claimants in England and Wales have joined a group action against cryptocurrency exchange Binance and its founder Changpeng Zhao, bringing the total to roughly 2,700 consumers globally. KP Law, which is running the claim, describes it as the first of its kind in the United Kingdom.

As reported by The Law Society Gazette, the announcement coincided with the Financial Conduct Authority opening its authorisation gateway for the UK's new crypto asset regulatory regime, which comes into force on 25 October 2027. Binance is expected to apply under that regime.

The claim was filed in the High Court in June, and claims issued now exceed £250 million. Claimants allege that Binance sold high-risk leveraged and derivative products — including leverage, futures and options — to UK users without FCA authorisation between late 2019 and early 2020. They contend those products are specified investments under the Financial Services and Markets Act 2000, which may only be sold by authorised persons.

Binance has more than 300 million customers worldwide. Individual claimants are reported to have lost sums ranging from tens of thousands to millions of pounds.

KP Law partner Hannah Sharp noted that Binance Markets Limited was barred from carrying on regulated activity in the UK in 2021.

No litigation funder is identified in connection with the claim. Opt-in group actions of this scale nonetheless depend heavily on book-building and costs cover, making the financing arrangements behind the claim a point of interest as the case progresses.

Govia Thameslink Rail Fares Class Action Decertified After Search for Replacement Class Representative Fails

The Competition Appeal Tribunal has revoked the collective proceedings order in Boyle v Govia Thameslink Railway, ending a claim first filed in 2021. The proceedings had been stayed since June of last year, when original class representative David Courtney Boyle died from Parkinson's disease, and no replacement representative was ever secured.

As reported by The Law Society Gazette, a CAT judgment published this month confirms that no new class representative came forward and that the CPO has been revoked. The GTR Collective Proceedings website states the claim was decertified on the basis of a CAT order made in April, and that the site will close shortly.

The failed search for a successor illustrates how dependent opt-out competition claims are on funding and insurance. Walter Merricks CBE announced plans to step into the role in November of last year, but withdrew his application in January after failing to secure after-the-event insurance. In May, he was ordered to make an interim payment of £70,000 towards the defendants' costs.

A costs hearing in the underlying proceedings has been adjourned to the next available date after 6 November.

A GTR spokesperson said: "GTR welcomes the end of the proceedings. We have always been clear that we acted lawfully and fairly towards our passengers."

The outcome underscores the structural fragility of CAT collective actions in which the class representative's position rests on securing adverse costs cover, and the practical difficulty of substituting a representative once a claim has already been stayed.