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 occured 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

In the News Today - May 22, 2017

May 22, 2017 | News and Blog

On Wednesday of this week, 11 D.C. Circuit Court judges will hear arguments over the constitutionality of the Consumer Financial Protection Bureau (CFPB). At the "heart of the legal dispute" is whether President Trump can fire CFPB Director, Richard Cordray, as PHH Corp, a mortgage lender, is currently challenging the constitutionality of the CFPB's structure. Read More »

Marketing New Communications Software? Get Government's Permission First.

May 22, 2017 | News and Blog

The Telephone Consumer Protection Act (TCPA) became law a quarter century ago, in part, to protect consumers from unwanted telemarketers. But that old law coupled with today's new technology has become a recipe for lawsuit disaster, as plaintiffs' lawyers bring high-dollar litigation against companies of all sizes for doing things such as texting their customers or communicating via a smart phone. Read More »

New Research from ILR Finds Asbestos Law in Ohio "Has Not Delayed" Justice

May 19, 2017 | News and Blog

Ohio state legislative news service, Gongwer, wrote that a new study released by the U.S. Chamber Institute for Legal Reform (ILR), "found that law (H.B. 380, 129th General Assembly) has been effective at discouraging fraud and abuse without compromising the interests of plaintiffs." Read More »

In the News Today - May 19, 2017

May 19, 2017 | News and Blog

Law firm Orrick, Herrington & Sutcliffe LLP published a class action quarterly update, stating that "Telephone Consumer Protection Act (TCPA) cases have continued to dominate class action filings" followed closely by cases where the plaintiffs are "alleging claims of false advertising." Read More »

Foreign Corrupt Practices Act Has "No Shortage of Challenges"

May 17, 2017 | News and Blog

The Foreign Corrupt Practices Act (FCPA) turns 40 this year and the "ambitious" attempt to deter corruption in international business dealings is "reviled by more than a few" writes Forbes. Read More »

SCOTUS to States: Keep Out of Arbitration Agreements

May 16, 2017 | News and Blog

In Kindred Nursing Centers v. Clark, the U.S. Supreme Court ruled 7 to 1 yesterday that "states may not impose rules that single out, overtly or otherwise, arbitration agreements for negative treatment," writes the National Law Journal. Read More »

Customers Sue Funder Alleging Excessive Interest Rates

May 10, 2017 | News and Blog

Six former Oasis Legal Finance customers are suing the company, asking "a federal judge to declare the interest rates charged by the company in violation of the lending laws of the state," writes Forbes/Legal Newsline. Read More »

In the News Today - May 10, 2017

May 10, 2017 | News and Blog

The American Bar Association called on Congress to pursue national data protection standards for companies that handle consumers' financial data. "It's time to get serious about building a security infrastructure that brings banks, payment networks and retailers together," ABA said. "It's time to pass a strong, consistent national standard for fighting data breaches." Read More »

Class Action Ascertainability Case May Head to Supreme Court

May 09, 2017 | News and Blog

Ascertainability has been a particularly hot controversy since 2015, when the 7th Circuit roundly rejected the 3rd Circuit's conclusion that classes cannot be certified unless plaintiffs offer a "reliable and administratively feasible" way to determine who's in the class, writes Reuters. Read More »

The ILR Research Review - Spring 2017

May 08, 2017 | Research

This edition of the ILR Research Review offers valuable insights from ILR's recent research on the latest trends in litigation and the tactics and strategies entrepreneurial plaintiffs' firms are using to expand their business models and bring more lawsuits in local, state, federal, and international courts. Read More »

  • bulletClick to Narrow Your Results