Federal

The federal government and the states each play an important role in addressing the problem of lawsuit abuse. While for the past several years most legal reform activity has occurred at the state level, with states enacting several effective, high-profile reforms, many important legal reforms have also been enacted and implemented at the federal level. With the changing political landscape, an increase in legal reform action at the federal level can be expected. 

Congress is currently considering a number of important legal reform proposals that would help restore balance to America's civil justice system. These include asbestos litigation reform, mandatory sanctions for filling frivolous litigation, protecting innocent parties from being unfairly or fradulently joines into a lawsuit, class action and multi-district litigation reforms, increased certainty where the Foreign Corrupt Practices Act (FCPA) is concerned, and reform of over-broad laws that threaten individuals and business with criminal prosecution absent any criminal intent, among others.

In addition to these proactive legal reform efforts, there is a need to defend against efforts by the plaintiffs’ bar to expand liability in Congress, federal courts, and regulatory agencies.

Research

Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

May 26, 2016 | This paper documents compelling examples of over-enforcement abuses, and offers details of the wide-ranging and interrelated ways government enforcement actions impact American businesses.

Insights & Inconsistencies: Lessons from the Garlock Trust Claims

February 19, 2016 | This report analyzes asbestos bankruptcy trust claims forms from the recent Garlock bankruptcy to address patterns of inconsistent and fraudulent claiming from one trust to another.

All Results for Federal

DOJ Will Stop "Practice of Regulation by Guidance," AG Sessions Says

November 20, 2017 | News and Blog

U.S. Attorney General Jeff Sessions said in a press release the Department of Justice will stop issuing guidance documents that "have the effect of adopting new regulatory requirements or amending the law." Read More »

In the News Today - November 17, 2017

November 17, 2017 | News and Blog

U.S. Foreign Bribery Cases Fast-Tracked Due to Statute of Limitations Rule - SEC Enforcement Chief; Trump Considers Naming Mulvaney Interim CFPB Director Read More »

Johnson & Johnson Wins California Lawsuit Claiming Asbestos in Talc Caused Cancer

November 17, 2017 | News and Blog

A California jury on Thursday ruled in favor of Johnson & Johnson in a lawsuit by a woman who said she developed the cancer mesothelioma after being exposed to asbestos in the company's talc-based products including J&J's Baby Powder. Read More »

In the News Today - November 16, 2017

November 16, 2017 | News and Blog

Federal Rules Panel to Look at Third-Party Litigation Funding; California may limit liability of self-driving cars' makers Read More »

CFPB director Richard Cordray to step down at the end of November

November 16, 2017 | News and Blog

Richard Cordray, the embattled head of the Consumer Financial Protection Bureau, said Wednesday he will step down before the end of the month. Read More »

In the News Today - November 14, 2017

November 14, 2017 | News and Blog

Proposed Ohio Bill Would Shield ‘Proactive' Defendants From Data Breach Litigation Read More »

Asbestos Plaintiffs' Firm Seeks Lawmaker Backup in Landmark Maryland Case

November 14, 2017 | News and Blog

Asbestos litigation magnate and Baltimore Orioles owner Peter Angelos wants Maryland lawmakers to step in to negate the impact of a 2016 appeals court decision which threatens to clear as many as 25,000 asbestos cases from the docket. Read More »

In the News Today - November 13, 2017

November 13, 2017 | News and Blog

White House, HUD Secretary Contest DoJ FCA Enforcement; Defense Verdict in Medical Implant Trial Could Spell Trouble for MDL Cases against Cook Medical Read More »

DoJ Suffers Major Defeat in Qui Tam Intervention

November 13, 2017 | News and Blog

U.S. Magistrate Judge Theresa Carroll Buchanan of the Eastern District of Virginia struck a DoJ expert witness and ordered the Department to pay legal fees to Maryland-based nursing facilities company HCR ManorCare Inc. Read More »

Third Party Litigation Funding's Week Under the Microscope

Author: Page Faulk, Senior Vice President, Legal Reform Initiatives, U.S. Chamber Institute for Legal Reform | November 10, 2017 | News and Blog

Third party litigation funding -- where companies "invest" in lawsuits for a cut of any proceeds -- is spreading like wildfire across the globe, with one of the largest funders boasting billions of dollars in resources just on its own. Read More »

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