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 - June 22, 2017

June 22, 2017 | News and Blog

The new case management order for New York City's asbestos courts, released this week and set to take effect on July 20, contains provisions that both defense and plaintiffs' attorneys dislike. Read More »

Off the Hook Lawsuits

June 19, 2017 | News and Blog

In an opinion piece for The Hill, ILR President Lisa A. Rickard, writes about the "technologically ancient telecommunications law" known as the Telephone Consumer Protection Act (TCPA). Read More »

Plaintiffs' bar advertising 'bolder' than rest of Big Law; Morgan & Morgan spends $60 million per year

June 15, 2017 | News and Blog

"Compared with their counterparts in Big Law, the plaintiffs' bar-especially personal injury lawyers-generally are bolder in advertising, willing to take risks and shell out lots of money for TV spots and billboards," reports Law.com's John Flaherty. Read More »

In the News Today - June 15, 2017

June 15, 2017 | News and Blog

Bringing TPLF ‘Out of the Shadows': ILR wants to "bring third-party litigation funding arrangements out of the shadows," writes attorney Kendall W. Harrison. Read More »

Congress Holds Hearing to Examine Abusive TCPA Lawsuits

June 13, 2017 | News and Blog

Today, the U.S. House Judiciary Subcommittee on the Constitution and Civil Justice held a hearing to examine the abusive lawsuit industry that has been unintentionally fueled by the Telephone Consumer Protection Act (TCPA). Read More »

In the News Today - June 12, 2017

June 12, 2017 | News and Blog

Prospects for significant changes to the Foreign Corrupt Practices Act (FCPA) are low, but some changes may be possible with a pro-business Congress and president. The most likely change would be the introduction of an affirmative defense for effective anticorruption compliance measures. Read More »

Supreme Court Urged to Enforce Class-Action Waivers in Workplace Arbitration

June 12, 2017 | News and Blog

Several companies urged the U.S. Supreme Court last week to enforce class-action waivers in workplace arbitration agreements, writes Reuters. Read More »

In the News Today - June 8, 2017

June 08, 2017 | News and Blog

In a recent opinion piece, Lord Faulks urges the government of the United Kingdom to "consider a growing and almost unregulated phenomenon that is in danger or undermining the integrity" of the legal system. Read More »

Pressure Mounts on Third-Party Funders in the UK

June 07, 2017 | News and Blog

Recently, the Royal Bank of Scotland successfully obtained orders "forcing claimants to disclose the identity of their funders," writes the Law Society Gazette. Read More »

Litigation Finance Arrangements Need to be Disclosed

June 06, 2017 | News and Blog

With the support of more than two dozen business groups, the U.S. Chamber of Commerce Institute for Legal Reform sent a letter to the office of the U.S. courts asking the committee on rules of practice and procedure to require disclosure of third-party financing arrangements in all civil cases filed in federal court, writes the Wall Street Journal. Read More »

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