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Commentary: 41 % Litigation-Finance Tax Would Backfire

By John Freund |

The Senate’s proposed 41 percent levy on litigation-finance profits “solves nothing besides optics” and risks driving up overall litigation costs, according to tax columnist Andrew Leahey.

A column in Bloomberg Law argues the bill misunderstands how funders realize returns, which often materialize years after cash outlays and only when cases prevail. That timing quirk means the nominal rate vastly overstates the real burden.

Leahey notes the draft also exempts foreign-state-backed funders, potentially inviting capital from “countries of concern” to fill any vacuum left by U.S. investors. He predicts that, if enacted, the measure would raise little revenue while prompting constitutional challenges under the Fifth and Fourteenth Amendments—particularly on grounds of discriminatory treatment and retroactivity.

For the legal-funding market, the column crystallizes several dangers: higher pricing for plaintiffs, larger settlement demands as investors recoup costs, and a shift toward opaque offshore vehicles not subject to U.S. oversight. Funders may therefore front-load deals before any retroactive effective date and step up advocacy for transparency-oriented reforms over punitive taxation.

LFJ Conversation

An LFJ Conversation with Kishore Jaichandani, Founder and Managing Director of CAVEAT CAPITAL

By John Freund |
Kishore Jaichandani is a founder and Managing Director of CAVEAT CAPITAL and an expert in litigation funding and related advisory services globally. He has a unique combination of financial and, legal acumen with having Bachelor of Law., Company Secretary, MBA (Finance) and CIMA qualifications and have rich professional experience working on these areas for more than 25 years. He assists law firms, corporates, and individuals globally in obtaining non-recourse financing for commercial litigation and arbitration cases. He is committed to creating value for lawyers and, their clients to have access to the information and expertise they need to negotiate fair funding agreements in the event of litigation in the competitive legal market. His expertise includes developing financial solutions to help law firms and big corporations to mitigate risk, and achieve their growth strategies, including using litigation portfolios as collateral for off-balance sheet working capital, and monetizing litigation and judgments. Below is our LFJ Conversation with Kishore Jaichandani:

You've spent decades in corporate finance and investment management before founding CAVEAT CAPITAL. What gaps in the dispute-finance market did you see from that vantage point, and how does your traditional finance background influence the way you underwrite and structure litigation-funding deals today?

Coming from a background in corporate finance and investment management, I saw a significant disconnect between the legal world’s approach to dispute resolution and the way capital markets assess risk and return. Many claims with strong legal merit were overlooked because they lacked financial packaging that investors could understand and trust.

When I founded Caveat Capital, I wanted to bridge that gap. My training and experience in structured finance, risk allocation, and asset modeling helps us treat legal claims as investable instruments. At Caveat Capital, we apply commercial due diligence standards, build funding memoranda that speak to capital providers in their language, and structure deals with clear risk-sharing, milestones, and contingencies. In essence, we bring investment discipline to a domain often driven purely by legal instinct.

CAVEAT CAPITAL is a litigation-funding consultancy in the Middle East. What regulatory or cultural hurdles have you encountered in bringing third-party funding to claimants and law firms across the GCC and wider MENA region, and where do you see the biggest growth opportunities over the next five years?

The regulatory landscape across the GCC and MENA region is still evolving when it comes to third-party funding. There’s a historical conservatism—both cultural and legal—around external financing of disputes, particularly in jurisdictions without codified frameworks. However, we’re seeing a shift, especially in arbitration-centric hubs like the DIFC, ADGM and DIAC, which have explicitly recognized third-party funding.

Culturally, there’s also a learning curve. Many claimants and law firms are unfamiliar with the mechanics of litigation finance, or associate it with loss of control. At Caveat Capital, our role often begins with education—demystifying the process and building trust on both sides.

As for growth, I see major opportunities in sovereign-commercial disputes, infrastructure claims, and enforcement actions across the GCC. As regional economies diversify and dispute volumes rise, the demand for smart, risk-sharing capital will grow exponentially.

Unlike many capital providers, CAVEAT CAPITAL sits between claimants and funders as an independent adviser—from drafting funding memoranda to negotiating term sheets. How do you balance neutrality with advocacy in that role, and what does a “successful” engagement look like for you and your clients?

Balancing neutrality with advocacy is the cornerstone of our model. We’re not aligned to one capital source or fund; our fiduciary duty is to the commercial success of the deal. That means we must present the claim with honesty and rigor—highlighting both strengths and weaknesses—to ensure funders can price risk accurately and sustainably.

A successful engagement is one where all stakeholders feel heard, the terms are balanced, and the funding leads to a fair and enforceable resolution. We’re proudest when we unlock funding for a claim that may have otherwise gone unfunded—not by overselling, but by translating complexity into commercial clarity.

Your firm was named “Global Litigation Funding & Advisory Firm of the Year” at the 5th Global Legal Association Conference in Dubai. What differentiators—whether in case selection, risk analytics, or stakeholder management—do you believe earned CAVEAT CAPITAL that recognition, and how will you build on it?

That recognition affirmed the value of our differentiated approach. We focus on bespoke structuring, funder-agnostic matchmaking, and deep regional knowledge—especially in jurisdictions where funding is emerging, not established. Our ability to navigate both the legal and financial sides of a deal—while bridging cultural and jurisdictional nuances—is what sets us apart.

We also apply a multi-metric risk model that considers not just legal merits but recovery pathways, enforceability, counterparty behavior, and geopolitical exposure. Going forward, we’re investing in technology, cross-border enforcement networks, and regional educational outreach to strengthen the funding ecosystem across emerging markets.

You’ve written about the disruptive impact of AI on litigation finance. Which emerging technologies do you think will most materially change case-assessment accuracy or deal economics, and how is CAVEAT CAPITAL preparing to integrate those tools into its workflow?

AI will change litigation finance in three major areas: predictive analytics, document review, and portfolio modeling. Tools that analyze prior judgments, jurisdictional patterns, and tribunal behaviors are already helping improve case scoring. When layered with machine learning, they offer faster, data-informed decisions that were previously reliant on human judgment alone.

At Caveat Capital, we’re partnering with LegalTech providers to build internal dashboards that combine predictive analytics with our human-led risk matrices. We're also exploring tools for ongoing case monitoring—tracking timelines, budget burn, and procedural triggers in real time. The future is hybrid: AI-augmented human judgment, not AI replacing it.

Burford Counters Tyson Foods Over Chicken-Price Settlement Fight

By John Freund |

Burford Capital has moved to knock out Tyson Foods’ interference lawsuit, telling an Illinois federal judge that the meat-packing giant—not the world’s largest litigation financier—scuttled talks to resolve sprawling chicken price-fixing claims brought by food distributor Sysco. In a motion to dismiss filed this week, Burford branded Tyson’s allegations of settlement meddling as “threadbare” speculation aimed at diverting attention from the underlying antitrust accusations.

An article in Reuters details Tyson’s April complaint accusing Burford of trying to “co-opt the legal system” by blocking a deal Sysco had weighed. Tyson says the funder leveraged its $140 million financing stake to push for a richer payout, impeding Sysco’s autonomy in the long-running poultry cartel litigation.

Burford’s filing counters that its 2019 funding agreement explicitly allows the financier to participate in settlement talks and notes Tyson rejected Sysco’s last offer back in 2021. After Burford thwarted what it viewed as sub-par settlements, Sysco transferred its claims to Burford affiliate Carina Ventures, removing the food-service giant from the case while preserving its potential recovery.

The skirmish comes as congressional Republicans revive proposals to tax litigation-finance proceeds at nearly 41%, underscoring a season of heightened scrutiny over how much influence funders wield in antitrust and class actions. Burford, which has repeatedly defended its model as bolstering access to justice, says Tyson’s suit would chill capital-backed claims by re-writing freely negotiated contracts after the fact.

For funders, the outcome may clarify how far investment contracts can reach into settlement strategy—especially when the underlying defendant wants a bargain exit. If Burford prevails, expect financiers to lean harder on contractual rights; if Tyson scores traction, future deals could feature stricter carve-outs to avoid similar challenges.

Litigation Capital Management Dissects CJC Funding Overhaul

By John Freund |

Regulatory upheaval is back on the agenda in London. Litigation Capital Management (LCM) has published a punch-by-punch analysis of the Civil Justice Council’s long-awaited Final Report on Litigation Funding, released earlier this month. The Working Party’s 58 recommendations include reversing PACCAR via legislation, imposing case-specific capital-adequacy tests, mandating early disclosure of funder identity and ultimate capital source, and introducing a “comprehensive but light-touch” statutory regime to replace today’s voluntary code.

In an article in Lexology, Sarah Webster of LCM notes that some proposals—such as exempting arbitration from the new rules and declining to cap funder returns—will please investors. Others, LCM argues, risk spawning “significant satellite litigation” and dampening appetite: an unenforceability penalty for regulatory breaches could hand defendants leverage to unravel funding deals mid-stream, while forcing disclosure of every ultimate investor may chill fundraising.

Additional layers for consumer and opt-out class actions would require independent KC advice and court sign-off on funder returns, potentially elongating timelines and increasing costs. Nonetheless, LCM welcomes recommendations to make funding costs recoverable in “exceptional circumstances” and to establish a standing data-collection committee that could inject empirical rigour into future policy debates.

Taken together, the Report sketches the most sweeping overhaul of third-party funding anywhere in the common-law world. Whether Westminster enacts the package—and how swiftly—now becomes the trillion-pound question.

Sentry Expands Free Funding Market Search for Litigators

By John Freund |

Sentry Funding’s free tool enabling litigators to instantly search the funding market on behalf of clients has been expanded.

Sentry’s free ‘decision in principle’ feature enables lawyers to evidence to clients that they have conducted a broad market search, even if funding is not ultimately taken out.

Having deployed £125m in funding across a range of case types, Sentry now has access to an even broader funding marketplace, covering 34 global jurisdictions. Finance is provided by 13 funders, five of which are members of the Association of Litigation Funders.

With the recent addition of Sentry’s first US-based funder, the US offering will now be expanding over the next few months. 

A faster process

Sentry has deployed the latest technology to make the search for funding even easier. 

  • The intuitive application process now only asks questions relevant to previous answers, saving lawyers time.
  • The commercial marketplace has been redeveloped with 63 new data points added to the funder criteria matrix - improving the accuracy of case / funder matching
  • Sentry has also begun building out its AI capabilities, starting with an automated auditing tool for live case progression audits. 

Tom Webster, chief executive officer at Sentry Funding, said:

‘By broadening our reach and speeding up the process, we’re making it even easier for lawyers to raise funding. We’re also giving litigators an easy way to show clients they have fully researched the market, rather than just approaching one or two funders. 

‘The service is free to use, so even if clients decide they do not ultimately want funding or if none is available for that case, for the lawyer, it makes sense to use our “decision in principle” feature, so they can put evidence on file that they did check the market.’

Sentry Funding is an SaaS (software as a service) technology provider that gives solicitors access to a diverse marketplace of litigation funders. It works with solicitors, funders and third-party providers to ensure claimants are getting the most efficient service for their funding needs. 

The Sentry Portal also acts as a case management system that runs a transparent digital case file for solicitors, funders, after-the-event insurance providers, barristers, cost lawyers and other relevant third parties.

NorthWall Capital Hits €2.9 B AUM on Private Credit Momentum

By John Freund |

NorthWall Capital has rocketed past €2.9 billion in assets under management after pulling in an additional €1.6 billion of institutional capital in 2025 alone. The London-based alternative credit manager says the surge reflects allocators’ intensifying hunt for scaled, multi-strategy platforms as Europe’s banks retrench and borrowers seek bespoke sources of credit.

A press release from NorthWall Capital details first-close totals across four distinct strategies. The flagship Credit Opportunities fund secured €731 million—already eclipsing its prior vintage—while the newly launched Senior Lending vehicle raised $503 million, translating to roughly $750 million of deployable firepower once leverage is applied. Asset-Backed Opportunities collected €252 million for collateral-rich loans in sectors underserved by traditional lenders, and the specialist Legal Assets platform locked down $169 million to extend the firm’s law-firm lending programme.

Founder and CIO Fabian Chrobog said the fundraising validates “the consistency of our approach” and NorthWall’s ability to craft solutions that resonate with investors and counterparties alike. With headcount slated to hit 40 by year-end, the firm plans to lean further into complex, situational credit born of bank deleveraging, regulatory shifts and sponsors’ need for certainty of execution.

SRZ Digs into Details of Tillis Bill

By John Freund |

Sen. Thom Tillis’s Tackling Predatory Litigation Funding Act, now folded into the Senate Finance Committee’s draft reconciliation package, would graft a stand-alone Chapter 50B onto the Internal Revenue Code and impose a punishing 40.8 percent flat levy on “qualified litigation proceeds.” The Schulte Roth & Zabel (SRZ) alert warns that the proposal overrides flow-through taxation, sweeps in virtually any entity—from partnerships and S-corps to sovereign wealth funds—and could chill ordinary-course lending by labeling collateralized credit facilities as “litigation financing agreements.”

A LinkedIn post from SRZ partner Boris Ziser underscores the breadth of the draft: the tax would hit domestic and foreign investors alike, deny offsetting losses, and trigger a 20.4 percent withholding obligation on plaintiffs and law firms that disburse any proceeds. Exemptions are narrow—fundings under $10,000 or debt-like arrangements capped at the greater of 7 percent or twice the 30-year Treasury yield—while long-standing preferences such as the portfolio-interest exemption and sovereign immunity would be swept aside. SRZ calculates that investors routing recoveries through a corporation could face an effective federal rate approaching 65 percent after dividend taxation, and even partnership structures would see double taxation because partners’ basis would not increase for proceeds taxed at the entity level.

Beyond funders, the bill’s catch-all definition of “litigation financing agreement” risks ensnaring securitizations, DIP financings, subrogation purchases, and other credit instruments whenever a borrower is a named litigant. By applying to taxable years beginning January 1, 2026—without grandfathering—it could retroactively erode returns on capital already deployed.

What it means for the market: If this language survives reconciliation, funders may rethink U.S. deployment models, while credit investors could demand covenants shielding them from inadvertent 40.8 percent exposure. The proposal also revives the broader policy debate: will Washington’s next move be bespoke tax regimes for other “disfavored” financial niches, or a push toward clearer, industry-wide regulation?

MAGA Influencers Support Legal Funding in Pushback Against Senator Tillis’ Bill

By John Freund |

Sen. Thom Tillis (R-NC) has sparked a fierce backlash from MAGA influencers online, who are taking issue with Sen. Tillis' newly introduced legislation that aims to slap a 41% tax on third-party litigation finance agreements. Critics warn the measure would effectively choke off capital that plaintiffs rely on to challenge deep-pocketed corporations, tilting the playing field back toward defendants.

An article in the Daily Caller argues the proposal “hogties” a tool that ordinary Americans use to combat what author Will Hild brands “woke capitalism.” By raising the cost of capital, the bill could dissuade funders from backing suits against headline-making defendants—Bank of America, Uber and Nationwide are cited as companies that stand to gain if litigation funding dries up.

The Daily Caller's article was quickly snapped up by a cadre of right-wing influencers who have begun sounding off on the alleged harms this bill would cause for ordinary Americans.

Robby Starbuck, the influential 'anti-woke' crusader, posted on X: "How does a little guy stand any chance if they go up against a woke megacorp? Nearly the only way is litigation financing where a wealthy 3rd party funds the suit. As written now @SenThomTillis’ bill is a mega corporations dream."

Jenna Ellis took things a step further, accusing Sen. Tillis of deception: "Tillis has deceptively marketed his bill as taxing “foreign” litigation funding — when in reality it subjects all litigation funders to a 41% levy — intended to drive away investors. The effect would be that Americans fighting woke corporations will lose one of the few tools needed to fight back."

Kurt Schlichter added: "Every American has a right to bring a lawsuit. It’s nobody’s business how they fund it. And lawsuits are hugely expensive. This is a way to keep people from suing - it doesn’t start bad lawsuit. It stops good ones."

It seems we have a mini-Republican civil war brewing over the issue of legal funding. Sen. Tillis is a Republican, but that hasn't stopped the MAGA faithful from backing legal funding in a bit to help them take down 'woke corporations.'

LFJ will continue to follow this story as it develops.

LFJ Conversation

An LFJ Conversation with Bill Alessi, Founder & CEO, Alpha Modus

By John Freund |
Alpha Modus is emerging as a rare hybrid: a litigation-capable IP holder, ecosystem‑builder via licensing and reselling partnerships, and AI‑driven innovator at the retail frontier. For investors and licensees, this holistic strategy—anchored in commercial deployment, recurring revenue, and patent enforcement—signals an AI-retail patent play with both defense and offense capabilities. Below is our LFJ Conversation with Bill Alessi, Founder & CEO of Alpha Modus: Could you elaborate on the details of the recent patent licensing agreement with VSBLTY and how it fits into Alpha Modus's overall strategy? Alpha Modus inked a definitive licensing deal with VSBLTY Groupe on June 12, 2025, leveraging Alpha Modus’s robust AI‑retail patent portfolio to support VSBLTY’s in‑store analytics and digital display offerings in high‑traffic retail environments. This license comes one the heels of a settlement between VSBLT's subsidiary Shelf Nine for a lawsuit filed by ALpha Modus, against Shelf Nine Customer Wakefern Foods. • Strategic Synergy: Beyond licensing IP, Alpha Modus plans to feature VSBLTY and Shelf Nine as preferred partners, even reselling their AI‑powered retail displays and media solutions. • Business Model Evolution: This deal cements a shift from purely legal IP enforcement to ecosystem building—turning technology from static patents into dynamic revenue streams and commercial partnerships. For AI, legal, and investor circles, this exemplifies smart patent monetization—transforming IP assets and defendants in infringement lawsuits into commercial platforms with tangible market traction. What are the key challenges and opportunities Alpha Modus faces in the current market for in-store digital experiences?
  • Opportunities:
    • Moment‑of‑decision engagement: With advanced AI analytics, retailers can deliver real-time, tailored promotions and planogram adjustments at the point of sale.
    • Data‑driven merchandising: AI enhances restocking alerts, product layout insights, and foot‑traffic understanding—critical for smart inventory and offline marketing.
  • Challenges:
    • Integration complexity: Corner-to-corner deployment requires retailers to adopt compliant camera systems, data pipelines, and staff workflows.
    • Privacy regulations: As solutions leverage image/data analytics, Alpha Modus and partners must navigate evolving consumer-privacy and data protection laws.
    • Retail adoption costs: Smaller retailers may delay implementing cutting-edge digital media due to capital and cultural constraints.
Can you discuss the specifics of the technology at the center of the patent infringement lawsuit against Cisco Systems? On June 9, 2025, Alpha Modus Ventures filed suit against Cisco in the Western District of Texas, alleging infringement of three U.S. patents (Nos. 11,108,591; 11,310,077; 11,303,473) related to Fibre Channel over Ethernet (FCoE) tech. • Core tech: The case centers on methods enabling reliable transport of storage-class Fibre Channel traffic over standard Ethernet – critical to Cisco’s Unified Computing System and converged network adapters. • Strategy: Part of a broader IP‑monetization campaign that includes prior Broadcom litigation —showing intent to enforce foundational networking patents in data-center infrastructure. How does Alpha Modus leverage AI to enhance targeted marketing and smart inventory management for its clients? Alpha Modus deploys AI-powered analytics at the shelf and point-of-sale to:
  • Tailor digital ads by aligning promotions to demographics, store layout, and real-time shopper behavior .
  • Optimize inventory by monitoring sales velocity and product interest, triggering restock or product-swapping alerts before stockouts occur . This data‑driven approach helps brands display relevant promotions, refine merchandising, and reduce lost sales from out‑of‑stock scenarios.
What are Alpha Modus's plans for future innovation and expansion in the data-driven technology space? Alpha Modus shows momentum on several fronts:
  • Expanding the IP‑ecosystem: After VSBLTY, the Company plans more licensing deals and reseller relationships in smart‑retail, media, and inventory-tech domains.
  • continued legal defense & monetization: Aggressive IP enforcement (e.g., Wakefern, Brookshire, Walgreens, Broadcom, Cisco) signals dedication to monetizing patents while feeding war-chest for future innovation and signing new partnerships as settlements are agreed.
  • Operational scale‑up: With Tim Matthews now leading deployment strategy to accelerate rollout of CashX kiosks (June 5, 2025), the Company is building infrastructure to deliver in‑store tech at scale.
  • Potential R&D pipeline: Their patent applications (e.g., personalized marketing, planogram management) and recent capital restructuring further empower future in-house product innovation.

Burford Fires Opening Salvo Against Senate Tax Hike

By John Freund |

The world’s largest litigation financier wasted no time responding to Capitol Hill’s surprise tax gambit. Hours after the Senate draft dropped, Burford Capital issued a statement warning that taxing funding profits at ordinary rates would “make it more expensive for businesses to secure litigation financing” and could stall innovation.

Burford Capital notes that the House version of the reconciliation bill omits any mention of litigation finance and stresses that reconciliation rules limit unrelated revenue raisers, foreshadowing a procedural challenge. The firm also highlights the draft’s retroactivity, arguing that investors priced cases under existing tax assumptions and could face punitive clawbacks if rules change midstream.

Market reaction was swift: Burford’s London-listed shares dipped 3 percent before recovering as analysts handicapped the bill’s prospects. Rival funders privately debate strategy—some push for a technical carve-out, others want the clause scrapped entirely. Defense counsel predict a burst of settlement offers aimed at closing cases before any rate hike can bite.

Burford’s rapid intervention shows the industry cannot afford silence while its business model is rewritten. Expect funders to beef up government-relations teams, demand wider tax indemnities from claimholders, and explore non-U.S. opportunities should Washington decide their profits look more like wages than capital gains.

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