Time to end the rigged game of third-party litigation funding

Published February 19, 2026 6:00am ET



It’s well known that frivolous lawsuits cost billions of dollars each year, but few people know about a shadowy subset of financiers — sometimes overseas — who are intensifying the problems in America’s legal system. A loophole in today’s tax code effectively allows third parties to rake in money from lawsuits with little to no tax liability.

This is the third-party litigation funding loophole, and it’s time to end it. Crazy as it sounds, the judicial system currently allows billionaires to fund lawsuits in which they aren’t the victims, without any disclosures or conflict-of-interest statements, and their payouts are structured as capital gains, not regular income, yielding a big tax break.

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