International

For a long time, lawsuit abuse was primarily a U.S. problem. But today, a number of developments are raising the risk of U.S.-style abuses spreading abroad.

One development is the spread of class actions outside the United States. To date, countries such as Canada, the UK, France, Germany, Italy, Poland, the Netherlands, Japan, Korea, Hong Kong, Australia, Brazil, Chile, Argentina, and Mexico—to name a few—have all considered or already allow some form of class actions. In addition, the European Union institutions in Brussels are considering EU-wide class action systems for certain types of claims. While these proposals are not identical to the U.S. system, they can create opportunities for similar abuses, such as settlements that benefit lawyers rather than claimants.

Click below for detailed information on our work outside the United States:

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Europe

Research

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

March 21, 2017 | 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.

Before the Flood: An Outline of Oversight Options for Third Party Litigation Funding in England & Wales

April 18, 2016 | This paper examines the ethical and practical concerns that are emerging from the significant expansion of third party litigation funding (TPLF) in the UK, and underscores the need for government oversight of the practice.

All Results for International

In the News Today - April 21, 2017

April 21, 2017 | News and Blog

Trevor McFadden, Acting Principal Deputy Assistant Attorney General for the Department of Justice Criminal Division, said that prosecutors are "committed to wrapping up old Foreign Corrupt Practices Act cases and investigating new ones more quickly." Read More »

Engineered Liability: The Plaintiffs' Bar's Campaign to Expand Data Privacy and Security Litigation

Author: Divonne Smoyer and Kimberly Chow, Reed Smith LLP | April 19, 2017 | Research

As data breaches are becoming more commonplace, the plaintiffs' bar is engineer a staggering expansion of liability in the areas of privacy and data security. Class action lawyers are pursuing data privacy cases and amassing fortunes even where no one has been harmed. This paper examines the data privacy and security legal landscape, plaintiffs' bar tactics, major cases and settlements, and a suggested framework for reform. Read More »

In the News Today - April 17, 2017

April 17, 2017 | News and Blog

It anyone has lingering doubts about the exponential growth of class actions across the globe a "report issued in late March [by ILR] should lay them to rest." The article explains why ILR is concerned about this growth as "it's a lot easier to lobby to prevent a mess than to fix one after it lands with a splat." Read More »

Reuters' Alison Frankel Writes on the Potential for "Real Consequences" When TPLF Funders Bank on "Failsafe Personal Injury Litigation"

April 12, 2017 | News and Blog

Reuters' Alison Frankel writes on the recent request from Xarelto manufacturers to Judge Arnold New asking that he order plaintiffs' firms in a prospective bellwether case to reveal any outside funding as the defendants are "entitled to know who is in control and who has a right to be consulted." Read More »

In the News Today - April 11, 2017

April 11, 2017 | News and Blog

The makers of Xarelto filed a motion requesting that the Philadelphia Court of Common Pleas compel discovery on the topic of third-party litigation funding. Read More »

In the News Today - April 10, 2017

April 10, 2017 | News and Blog

The Senate confirmed Tenth Circuit Judge Neil Gorsuch to the U.S. Supreme Court on Friday by a vote of 54-45. "You could not have a finer person, a more ready person, a more legal expert type of person, than Neil Gorsuch," said Sen. Orrin Hatch. Read More »

In the News Today - April 7, 2017

April 07, 2017 | News and Blog

According to new research from law firm RPC, litigation against the largest 50 global banks has increased 37 percent in 2016. The report found that this increase is due to the long-term fallout from the 2008 financial crisis, a greater willingness by companies to fight disputes in court, and third-party litigation funders supporting an increased number of legal actions. Read More »

In the News Today - April 3, 2017

April 03, 2017 | News and Blog

Federal Court Judge Jonathan Beach approved a $40 million dollar settlement and accepted it was reasonable for the funders to get a 30 percent cut of net settlement proceeds, but "was quick to point out that it might not be the going rate more generally." Read More »

Torts of the Future: Addressing the Liability and Regulatory Implications of Emerging Technologies

Author: Cary Silverman, Phil Goldberg & Jonathan Wilson, Shook, Hardy & Bacon L.L.P. | March 29, 2017 | Research

Torts of the Future examines the emerging technology sectors of autonomous vehicles, commercial drones, private space exploration, the "sharing economy," and the Internet of Things, and assesses the existing regulatory and litigation environments and future liability trends for each. The paper also draws from experience in each area to present guiding principles for addressing the liability and regulatory implications of emerging technologies. Read More »

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 »

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