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America's legal crisis is putting employees out of work, raising consumer prices, driving down shareholder value and bankrupting companies. Many plaintiffs' lawyers are exploiting flaws in our legal system in search of jackpot justice. Meanwhile, frivolous lawsuits clog our courts, denying those most deserving of justice their right to a speedy trial. Examine our Issue Resources exploring the various issues affecting our legal system below or research particular issues using the menu to the left.

Research

The Exclusion Illusion: Fixing a Flawed Health Care Fraud Enforcement System

The U.S. Chamber Institute for Legal Reform released this paper regarding the federal government’s efforts to prosecute fraud against the government in health care. In the last decade, the annual fines imposed on pharmaceutical companies alone have increased 813 percent and approached a total of $25 billion in health care fraud recoveries, with more promised for 2012.  A deeper examination of these numbers suggests that that there are significant problems with current enforcement of anti-fraud statutes LEARN MORE »

Source: U.S. Chamber of Commerce
Released: Oct 24, 2012
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The Trial Lawyers' New Merger Tax: Corporate Mergers and the Mega Million-Dollar Litigation Toll on Our Economy

The U.S. Chamber Institute for Legal Reform has released this paper, which analyzes the remarkable litigation explosion surrounding mergers and acquisitions.  LEARN MORE »

Source: U.S. Chamber of Commerce
Released: Oct 24, 2012
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Legal Limbo: Seeking Clarity in How and When the Department of Justice Declines to Prosecute

The U.S. Chamber Institute for Legal Reform released this paper, which addresses the need for change and improvement in the process by which the Department of Justice (“DOJ” or “the Department”) notifies subjects of its investigations that matters have been closed with no prosecution and in how the Department documents publicly the generic reasons behind these decisions. LEARN MORE »

Source: U.S. Chamber of Commerce
Released: Oct 24, 2012
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Stopping the Sale on Lawsuits: A Proposal to Regulate Third-Party Investments in Litigation

The U.S. Chamber Institute for Legal Reform has released this proposal to establish a robust oversight regime to govern Third Party Litigation Financing at the federal level. LEARN MORE »

Source: U.S. Chamber of Commerce
Released: Oct 24, 2012
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101 Ways To Improve State Legal Systems

This user's guide to promoting fair and effective civil justice provides policymakers with a compilation of some of the many avenues available to fostering a sound legal system that promotes states’ economies. The reforms are organized into five areas. The first section highlights five reforms that have gained momentum and should be of particular interest to state legislators. The report then considers fair and effective measures that would improve the litigation process, improve product liability law, promote rational liability rules, and rein in excessive damage awards. LEARN MORE »

Source: U.S. Chamber of Commerce
Released: Sep 13, 2012
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The Perils of Commercial Legal Practice: Ethical and Legal Consequences of Third Party Litigation Funding

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ILR President Lisa A. Rickard explains the dangers of third-party litigation financing in this 2012 Noreen E. McNamara Memorial Lecture delivered at Fordham Law School on February 28, 2012.

Source: U.S. Chamber Institute for Legal Reform
Released: Aug 3, 2012

ILR Response to the BIS Consultation on Private Action in Competition Law

The U.S. Chamber Institute for Legal Reform (“ILR”) questions whether a need exists in the UK for private collective redress in the field of competition law.  Moreover, if such a need does exist, ILR does not believe that the proposals set out in the consultation of the UK Department for Business Innovation and Skills (“BIS”) entitled “Private Actions in Competition Law: A Consultation on Options for Reform Consultation” would be the best approach.  ILR believes that the proposals, if implemented, will have a number of unintended negative consequences for consumers and for the administration of civil justice in the UK.  In addition, if the proposals were implemented, they would to some extent supplant public enforcement of competition law by competition authorities with private enforcement by self-interested claimants. LEARN MORE »

Source: U.S. Chamber Institute for Legal Reform
Released: Jul 24, 2012
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Geoffrey Lysaught on Third-Party Litigation Financing

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At the 12th Annual Legal Reform Summit on October 26, 2011, we pulled aside Geoffrey Lysaught, who was then the deputy executive director of the Law & Economics Center at the George Mason University School of Law, to discuss the growth of third-party litigation financing and the major research policy initative they were working on.

Source: U.S. Chamber Institute for Legal Reform
Released: Jul 20, 2012

Why Maintaining Arbitration is Important

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Victor E. Schwartz, a partner at Shook Hardy & Bacon, LLP, explains why maintaining arbitration is important. This interview was conducted at the 12th Annual Legal Reform Summit on October 26, 2011.

Source: U.S. Chamber Institute for Legal Reform
Released: Jul 10, 2012

About the Study: The Plaintiffs' Bar Goes Digital

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Peter Snyder, founder and CEO of New Media Strategies, discusses "The Plaintiffs' Bar Goes Digital," a study of how plaintiffs’ lawyers market their services online which reveals some of the most sophisticated, high-dollar tactics of any commercial industry.  This interview was conducted at the 2011 Legal Reform Summit, where Snyder presented preliminary results of the study.

Source: U.S. Chamber Institute for Legal Reform
Released: Jun 28, 2012

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