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

GOP Lawmakers Introduce Measures to Repeal CFPB Rule

July 21, 2017 | News and Blog

More than a dozen Republican senators, including most GOP members of the Senate Banking Committee, introduced a resolution Thursday morning to repeal the CFPB rule under the Congressional Review Act (CRA), writes the Hill. Read More »

In the News Today - July 21, 2017

July 21, 2017 | News and Blog

The U.S. Supreme Court has set Oct. 2 as the date for oral arguments in a closely watched battle over the legality of arbitration agreements requiring workers to waive their rights to file class or collective actions against their employers, according to a notice filed Wednesday Read More »

Senator Cotton Lays Out Plan For Stopping the CFPB Rule at ILR Event

July 20, 2017 | News and Blog

On Wednesday, the U.S. Chamber Institute for Legal Reform and the U.S. Chamber's Center for Capital Markets Competitiveness held a panel discussion on the CFPB's final anti-arbitration rule, implications for the business community, and a variety of next steps. Senator Tom Cotton headlined the event. Read More »

In the News Today - July 20, 2017

July 20, 2017 | News and Blog

Asset manager Connection Capital has secured its largest ever fundraise – an 8 million pound investment into litigation funder Therium. Read More »

The CFPB's Arbitration Rule Showdown Continues

July 19, 2017 | News and Blog

The acting head of the Office of the Comptroller of the Currency, Keith Noreika, has asked CFPB director Richard Cordray to delay allowing the CFPB's arbitration rule to go into effect, writes the National Law Journal. The rule is slated to be published in the Federal Register today. Read More »

Key Securities Regulator "Urges Companies to Pursue Mandatory Arbitration Clauses"

July 18, 2017 | News and Blog

Michael Piwowar, a key U.S. securities regulator, voiced support for possibly allowing companies to include language in their initial public offering paperwork that would require shareholders to resolve claims through arbitration, writes Reuters. Read More »

In the News Today - July 14, 2017

July 14, 2017 | News and Blog

The U.S. Federal Communications Commission (FCC) voted yesterday to adopt a Notice of Inquiry (NOI) seeking input on the possible creation of a comprehensive reassigned number database. Read More »

Senator Begins Process To Rescind CFPB Arbitration Rule

July 13, 2017 | News and Blog

Senate Banking Committee member Tom Cotton said he is moving to block the Consumer Financial Protection Bureau's (CFPB) new final rule clamping down on financial companies' use of arbitration, writes Law360. Read More »

In the News Today - July 11, 2017

July 11, 2017 | News and Blog

A federal Court provided some much needed clarity on the Telephone Consumer Protection Act (TCPA), a 25-year-old law meant to address unwanted telemarketing calls that, today, plaintiffs' lawyers love to exploit due to its potential for massive attorneys' fees. Read More »

Courts Rule Individual Cannot Unilaterally Break TCPA Contract Agreement

July 10, 2017 | News and Blog

A federal Court provided some much needed clarity on the Telephone Consumer Protection Act (TCPA), a 25-year-old law meant to address unwanted telemarketing calls that, today, plaintiffs' lawyers love to exploit due to its potential for massive attorneys' fees. Read More »

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