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

Data Breaches Soar to Record Levels in New York

March 23, 2017 | News and Blog

New York businesses disclosed nearly 1,300 incidents of data security breaches in 2016 that compromised 1.6 million residents, writes Law360. Read More »

State AGs Probe Asbestos Bankruptcy Trusts To Recover Medicare Payments

March 21, 2017 | News and Blog

The Attorney General of Utah, Sean Reyes, has sued four of the largest asbestos bankruptcy trusts in an effort to get them to comply with civil investigative demands that more than a dozen states have sent to the trusts. These demands seek information on whether the trusts are squandering money and failing to reimburse states for Medicare and Medicaid expenditures. Read More »

In the News Today - March 21, 2017

March 21, 2017 | News and Blog

U.S. District Judge Paul Diamond issued a bench warrant for the arrest of Martin Kenney and Garrett Kelleher after both failed to appear to determine their liability to insurer Cigna. In 2016, Judge Diamond ruled that Kenney and Kelleher had "repeatedly thumbed their noses at the courts of the United States" and were liable to Cigna for "orchestrating" continued action against the company. Read More »

The Growth of Collective Redress in the EU: A Survey of Developments in 10 Member States

Author: Ken Daly, Sidley Austin LLP | March 21, 2017 | Research

This paper examines the 'state of play' of collective redress in 10 Member States in the EU and suggests minimum necessary safeguards to prevent litigation abuse taking hold in Europe. Read More »

"Congress Should Restore Meaningful Sanctions for Meritless Litigation"

March 17, 2017 | News and Blog

Earlier this month, the U.S. House of Representatives passed the Lawsuit Abuse Reduction Act (LARA) to restore the authority of Rule 11 sanctions in federal litigation. Read More »

In the News Today - March 17, 2017

March 17, 2017 | News and Blog

The Missouri Senate passed a bill this week by a 21-11 vote that would allow judges to decide whether experts' testimony would be reliable based on "sufficient facts" and "reliable principles and methods," as well as being "reliably applied" to the facts of the case. Read More »

Claims Rate Issue Has Become "Particularly Acute" In Class Action Settlements

March 16, 2017 | News and Blog

Last year, U.S. District Judge Ortrie Smith rejected a class action settlement with Remington Arms Co. for an "appalling" claims rate, also known as the percentage of potential class members who actually request compensation from the settlement, writes the National Law Journal. Read More »

In the News Today - March 16, 2017

March 16, 2017 | News and Blog

U.S. courts approved the highest number of securities class action settlements since 2010. Continuing the growth observed in the prior year, there were 85 approved settlements in 2016, five more than in 2015. Both years are a substantial increase over the annual numbers from 2011 through 2014. Additionally, the $6 billion of approved settlements in 2016 was nearly double the total settlement value in 2015. Read More »

Of Lawsuits and Data Security

March 15, 2017 | News and Blog

Technology is a powerful thing. But it can also be very dangerous. It's advancing at a speed that gives businesses, small and large, a plethora of new opportunities to innovate and grow. However, it often outpaces the law. Read More »

U.S. Chamber Hails South Dakota for Joining Chorus of States, Congress in Combatting Asbestos Fraud

March 15, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, made the following statement today on South Dakota's enactment of S.B. 138. Read More »

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