Tillis Tax Post-Mortem
Invenio’s Observations, Days After the Senate Parliamentarian Struck the Tillis Tax on Access to Justice from the Reconciliation Bill
July 9, 2025
Just days after the Senate Parliamentarian struck the Tillis Tax on Access to Justice from the reconciliation bill that is now law, the CEOs of Chubb and Marsh McLennan are out last night with a Wall Street Journal editorial calling for more action on this tax proposal and promising a long and withering fight. Here are a few observations we feel strongly about at Invenio.
Developing Political Relationships - the litigation finance industry needs deep political relationships on both sides of the aisle, at both the federal level and in state houses. As Invenio’s Blake Trueblood said last week on LinkedIn, “if we don't have a seat at the table, we're on the menu.” We need elected officials to know the issues long before we are trying to counter poorly drafted policy in a budget reconciliation crunch.
Grassroots Advocacy - elected officials need to hear regularly from the thousands of Americans that plaintiffs lawyers and litigation funders support in their battles with large well-funded defendants. This takes a calculated and well-planned operation that makes speaking to lawmakers simple and accessible for citizens with strong opinions and not enough time in the day.
Enhanced Research and Scholarship - the industry needs to actively support and encourage the development of relevant research on Access to Justice as well as thoughtful legal scholarship on critical issues concerning the potential regulation of the industry.
Many organizations and individuals deserve kudos for their efforts over the past six weeks, but we as a group are far more reactive than proactive. The timing of this editorial from giants in the insurance industry reminds us...the fight is now.
