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Georgia Senate Unanimously Approves Governor’s Litigation Funding Bill

By Harry Moran |

As LFJ reported last week, momentum continues to build behind state-level legislative proposals that seek to impose new rules governing the use of third-party litigation funding in the U.S. 

Reporting by the AP covers a new development in the Georgia state legislature, where the Senate has unanimously passed the second part of Gov. Brian Kemp’s legislative package aimed at tort reform and third-party litigation funding. Senate Bill 69, which passed the Senate last Thursday with 52 Yea votes, amends state law to include new provisions governing the involvement of litigation funders.

SB 69 requires third-party funders register with Georgia’s Department of Banking and Finance, as well as prohibiting any foreign individuals or organisation from funding litigation in the state. The bill also sets out disclosure requirements for cases where a litigation funding agreement is present and puts in place restrictions on a funder’s ability to control the litigation process.

Senate President Pro Tem John Kennedy, a sponsor of the bill, said that SB 69  “combats the growing foreign influence” in Georgia lawsuits, and argued that the new rules contained within the bill act as a “consumer protection measure”. The Georgia Trial Lawyers Association, which opposes these attempts at reform, stated that there is “still work to be done to ensure SB 69 fairly addresses its intended purpose”. 

SB 69 will now join SB 68, the part of Gov. Kemp’s package that primarily deals with tort reform, to be debated in the House and scrutinised by a bi-partisan subcommittee convened by House Rules Committee Chairman Butch Parrish. 

The full text and status of Senate Bill 69 can be accessed on the Georgia General Assembly website.

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Harry Moran

Harry Moran

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Litigation Funding Isn’t an ‘Anti-Woke’ Weapon, Says Consumer Advocacy Group

By John Freund |

A new opinion piece pushes back against recent cultural and political rhetoric characterizing third-party litigation funding as a partisan instrument, arguing instead that it remains a neutral financial tool in the legal system.

An article in the Consumer Choice Center emphasizes that while some political actors and commentators have portrayed litigation funding as a means to challenge so-called “woke” corporations, such framing misconstrues the role and function of funders. According to the piece, litigation funding serves a straightforward purpose: to provide capital to litigants—be they individuals or entities—who lack the resources to pursue claims. The authors argue that this mechanism is neither inherently ideological nor driven by political outcomes.

The article calls for clearer regulatory standards and heightened transparency to avoid potential abuses and maintain public trust. It warns against allowing litigation finance to be co-opted by political narratives, which could derail substantive policy debates around disclosure, ethical boundaries, and market oversight.

In a landscape increasingly shaped by culture wars, this intervention underscores a foundational point: litigation finance is not a proxy battlefield for partisan interests, but a tool with the potential to improve access to justice—provided it is governed with clarity and care.

WSJ Editorial Calls for Ending Tax Breaks for Foreign Litigation Funders

By John Freund |

A recent opinion piece in The Wall Street Journal advocates for closing tax loopholes that allow foreign investment funds to avoid U.S. taxes on profits earned from financing lawsuits against American companies. The editorial argues that the current tax code inadvertently incentivizes predatory litigation funding practices by exempting foreign investors from taxation on lawsuit proceeds, thereby disadvantaging domestic businesses.

The article contends that this exemption creates an uneven playing field, enabling foreign entities to profit from U.S. legal actions without contributing to the tax base. It suggests that such practices not only strain the judicial system but also impose additional burdens on American companies, which must defend against potentially frivolous or opportunistic lawsuits financed by these untaxed foreign investments.

The editorial calls on Congress to reevaluate and amend the tax code to eliminate these exemptions. By doing so, it aims to deter exploitative litigation funding and ensure that all investors, regardless of nationality, are subject to the same tax obligations when profiting from the U.S. legal system.

The piece emphasizes that such reforms would promote fairness and protect domestic businesses from undue legal and financial pressures.

Backlit Capital Solutions Launches Legal Finance Consultancy

By John Freund |

Backlit Capital Solutions has announced the launch of its full-service legal finance consultancy. The firm aims to provide comprehensive funding solutions for legal claims, offering services that include litigation finance, arbitration funding, and judgment enforcement strategies.

An article in PR Newswire states that Backlit Capital Solutions is positioning itself as a comprehensive provider in the legal finance sector, aiming to serve a diverse clientele that includes claimants, law firms, lenders, and investors. The firm's service offerings encompass litigation finance, arbitration funding, and judgment enforcement strategies, indicating a broad approach to legal funding solutions.

The launch of Backlit Capital Solutions reflects a growing trend in the legal finance industry, where firms are expanding their services to address the multifaceted needs of legal claimants and their representatives. By offering a suite of services under one roof, Backlit Capital Solutions aims to streamline the funding process and provide tailored solutions to its clients.

As the legal finance landscape continues to evolve, the entry of firms like Backlit Capital Solutions underscores the increasing demand for specialized financial services in the legal sector. Their comprehensive approach may set a new standard for how legal finance consultancies operate, potentially influencing the strategies of existing and emerging players in the market.