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

In the News Today - September 25, 2017

September 25, 2017 | News and Blog

Lyft Hit With TCPA Suit Over Texts To Reassigned Numbers Read More »

In the News Today - September 20, 2017

September 20, 2017 | News and Blog

Rebuke Of Bentham Deal May Chill Canada Class Suit Funding; NCAA Concussion Class Blasts $6M Fee Request Read More »

"CFPB's Richard Cordray wants to replace arbitration with a broken class-action system"

September 19, 2017 | News and Blog

Institute for Legal Reform President Lisa A. Rickard penned an op-ed this morning in the Washington Examiner, calling for passage of the Fairness in Class Action Litigation Act (FICALA) after the Consumer Financial Protection Bureau issued its anti-arbitration rule. Read More »

"Thinking About the Growth of Third-Party Litigation Financing"

September 18, 2017 | News and Blog

As the litigation funding industry continues to grow, it's time to answer a simple question, says Kevin LaCroix of the D&O Diary: "What are the implications?" Read More »

In the News Today - September 15, 2017

September 15, 2017 | News and Blog

Law firm wants to bring Bentham-funded ‘class action' in Channel Islands Read More »

DOJ Official Says Corporate Prosecution Policy is Under Review

September 15, 2017 | News and Blog

Deputy Attorney General Rod Rosenstein said there "may be some change" on the Department of Justice's corporate prosecution policy, according to POLITICO. Read More »

In the News Today - September 13, 2017

September 13, 2017 | News and Blog

Litigation Risk Ebbs Even As Data Hacks Rise, Report Says: Law firm Bryan Cave released a report on data breach litigation, which found that data breach class actions went up by seven percent in 2016 over 2015, though the number of breaches that attracted litigation went down. Read More »

In the News Today - September 11, 2017

September 11, 2017 | News and Blog

LexShares Eyes $25M for New Litigation Investment Fund: Online litigation funding platform LexShares announced last week it is seeking $25 million for a managed fund that will be used to fund a broad portfolio of U.S. lawsuits. Read More »

Legal Practitioners Say Food Lawsuits Show "Absurd Incentive" of Class Actions

September 11, 2017 | News and Blog

Opinion pieces from Forbes and Reason from lawyers and scholars say recent class actions against food companies, like Subway and Starburst, show the risk of a class action system run amok. Read More »

Coalition Asks SCOTUS to Take Securities Class Action Jurisdiction From State Courts

September 07, 2017 | News and Blog

A number of industry groups, including the U.S. Chamber of Commerce, law professors and public companies have filed amicus briefs to the U.S. Supreme Court urging it to find that state courts do not have jurisdiction over class actions regarding securities offerings, according to Law360. Read More »

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