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The Plaintiffs' Bar Goes Digital

ILR's study of how plaintiffs’ lawyers market their services online reveals some of the most sophisticated, high-dollar tactics of any commercial industry.

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Confronting the New Breed of Transnational Litigation

This new study discusses the legal arguments regarding enforcement of foreign judgments against businesses in U.S. courts.

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Creating Conditions for Economic Growth: The Role of the Legal Environment

This working paper examines the economic impacts of all 50 states’ legal environments.

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Litigation Funding in Australia

Litigation funding arrangements create an array of conflicts of interest for the lawyer.  This paper examines those conflicts of interest in light of the Australian experience.

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The Plaintiffs' Bar Goes Digital
Transnational Litigation Study
Creating Conditions for Economic Growth
Litigation Funding in Australia
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VIDEO: How the Practice of Law is Being Commercialized
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How the Practice of Law is Being Commercialized

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At the 12th Annual Legal Reform Summit on October 26, 2011, we pulled aside several of our panelists to talk about the commercialization of the practice of law, specifically through third-party litigation financing. In this brief video, John H. Beisner, Practice Co-Leader, Mass Torts/Insurance Litigation Practice Area, Skadden, Arps, Slate, Meagher & Flom LLP; Peter Snyder, Founder and Chief Executive Officer, New Media Strategies; and The Honorable Thurbert E. Baker, Former Attorney General of Georgia, and Partner, McKenna Long & Aldridge, share their responses.

Source: U.S. Chamber Institute for Legal Reform
Released: Apr 20, 2012

101 Ways To Improve State Legal Systems in 2012 and Beyond

This user's guide to promoting fair and effective civil justice provides policymakers with a compilation of some of the many avenues available to fostering a sound legal system that promotes states’ economies. The reforms are organized into five areas. The first section highlights five reforms that have gained momentum and should be of particular interest to state legislators. The report then considers fair and effective measures that would improve the litigation process, improve product liability law, promote rational liability rules, and rein in excessive damage awards. LEARN MORE »

Source: U.S. Chamber of Commerce
Released: Mar 28, 2012
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About the Testimony: Hearing on "Arbitration: Is it Fair When Forced?"

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Victor E. Schwartz, a partner at Shook Hardy & Bacon, LLP, describes his testimony on behalf of the U.S. Chamber of Commerce and the U.S. Chamber Institute for Legal Reform before the U.S. Senate Committee on the Judiciary's October 13, 2011 hearing on "Arbitration: Is it Fair When Forced?"

Source: U.S. Chamber Institute for Legal Reform
Released: Mar 22, 2012

The Plaintiffs' Bar Goes Digital

This study of how plaintiffs’ lawyers market their services online reveals some of the most sophisticated, high-dollar tactics of any commercial industry. The study details how many plaintiffs’ firms create and dispatch a wide variety of websites and use social media tools such as Twitter and Facebook to create a complex web of information presented in a broad variety of ways, all designed to attract and vet potential clients for lawsuits. LEARN MORE »

Source: U.S. Chamber Institute for Legal Reform
Released: Feb 29, 2012
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Letter to the DOJ and SEC Regarding Forthcoming Guidance on the Foreign Corrupt Practices Act

The U.S. Chamber Institute for Legal Reform and a broad-based business coalition sent this letter to the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) regarding forthcoming guidance on enforcement under the Foreign Corrupt Practices Act (FCPA). The letter identifies numerous critical areas that the Administration's guidance should address in order to provide much needed clarity and certainty for businesses making a good faith effort to comply with the statute. LEARN MORE »

Source: U.S. Chamber Institute for Legal Reform
Released: Feb 21, 2012
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Litigation Funding in Australia: Identifying and Addressing Conflicts of Interest for Lawyers

The combination of influence and incentives created by litigation funding arrangements create an array of conflicts of interest for the lawyer.  This paper examines those conflicts of interest in light of the Australian experience. LEARN MORE »

Source: U.S. Chamber Institute for Legal Reform
Released: Feb 08, 2012
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Collective Redress in the Netherlands

The Netherlands has three main mechanisms for collective redress, including the well-known “WCAM” collective settlement procedure.  This paper describes the current Dutch collective redress landscape and some concerning developments. LEARN MORE »

Source: U.S. Chamber of Commerce
Released: Feb 06, 2012
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Testimony of Bill McCollum Before the House Judiciary Subcommittee Hearing on "Contingent Fees and Conflicts of Interest in State AG Enforcement of Federal Law"

On February 2, 2012, the Honorable Bill McCollum testified on behalf of the U.S. Chamber of Commerce and the U.S. Chamber Institute for Legal Reform before the U.S. House of Representatives Judiciary Subcommittee on the Constitution hearing on "Contingent Fees and Conflicts of Interest in State AG Enforcement of Federal Law." LEARN MORE »

Source: U.S. Chamber Institute for Legal Reform
Released: Feb 03, 2012
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Trends in Litigation

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The business community needs to be aware of the latest trends in litigation.  So what are they?  At the 12th Annual Legal Reform Summit on October 26, 2011, we posed that question to several key practitioners.  This brief 3-minute video includes the responses of John H. Beisner, Practice Co-Leader, Mass Torts/Insurance Litigation Practice Area, Skadden, Arps, Slate, Meagher & Flom LLP; The Honorable Thurbert E. Baker, Former Attorney General of Georgia, and Partner, McKenna Long & Aldridge; Katherine L. Adams, Senior Vice President and General Counsel, Honeywell International, Inc.; and Lisa S. Blatt, Partner, Arnold & Porter LLP.

Source: U.S. Chamber Institute for Legal Reform
Released: Jan 20, 2012

ILR Comments on the Code of Conduct for Litigation Funders

The UK Civil Justice Council (“CJC”) has proposed a draft code of conduct to govern third-party litigation funding (“TPLF”) under the auspices of a proposed voluntary association, the Association of Litigation Funders.  The proposal for regulating Litigation Funders envisioned by the draft Code implicitly recognizes that third-party litigation funding threatens to undermine consumer interests and foster litigation abuse.  The Code, however, is inadequate.  As a threshold matter, it does not have the force of law. 

The U.S. Chamber Institute for Legal Reform states that the only way to adequately safeguard the rights of consumers and defendants – and promote the orderly administration of civil justice in England and Wales – is to enact a statute that is binding on all Litigation Funders. LEARN MORE »

Source: U.S. Chamber Institute for Legal Reform
Released: Dec 22, 2011
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