Issues/Research

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

Comments Submitted to the Bureau of Consumer Financial Protection

The U.S. Chamber of Commerce Center for Capital Markets Competitiveness and the U.S. Chamber Institute for Legal Reform submitted this letter to the Bureau of Consumer Financial Protection in connection with the request for comments entitled “Request for Information Regarding Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements,” Docket No. CFPB-2012-0017. LEARN MORE »

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Why Third-Party Litigation Financing is a Problem

John Beisner, Practice Co-Leader, Mass Torts/Insurance Litigation Practice Area, Skadden, Arps, Slate, Meagher & Flom LLP, explains why third-party litigation financing is a problem. This interview was conducted at the 12th Annual Legal Reform Summit on October 26, 2011.

Source: U.S. Chamber Institute for Legal Reform
Released: Jun 15, 2012

Class Actions Seven Years After the Class Action Fairness Act

John H. Beisner delivered this testimony on behalf of the U.S. Chamber Institute for Legal Reform before the Subcommittee on the Constitution of the Committee on the Judiciary, U.S. House of Representatives. LEARN MORE »

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Letter to the Japanese Minister of State for Consumer Affairs

Letter from Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, to Jin Matsubara, Japan's Minister of State for Consumer Affairs, regarding the consumer class action bill "Litigation System Relating to Recovering Damages for a Consumer Class." LEARN MORE »

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How the Practice of Law is Being Commercialized

At the 12th Annual Legal Reform Summit on October 26, 2011, we pulled aside several of our panelists to talk about the commercialization of the practice of law, specifically through third-party litigation financing. In this brief video, John H. Beisner, Practice Co-Leader, Mass Torts/Insurance Litigation Practice Area, Skadden, Arps, Slate, Meagher & Flom LLP; Peter Snyder, Founder and Chief Executive Officer, New Media Strategies; and The Honorable Thurbert E. Baker, Former Attorney General of Georgia, and Partner, McKenna Long & Aldridge, share their responses.

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

101 Ways To Improve State Legal Systems in 2012 and Beyond

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 »

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About the Testimony: Hearing on "Arbitration: Is it Fair When Forced?"

Victor E. Schwartz, a partner at Shook Hardy & Bacon, LLP, describes his testimony on behalf of the U.S. Chamber of Commerce and the U.S. Chamber Institute for Legal Reform before the U.S. Senate Committee on the Judiciary's October 13, 2011 hearing on "Arbitration: Is it Fair When Forced?"

Source: U.S. Chamber Institute for Legal Reform
Released: Mar 22, 2012

The Plaintiffs' Bar Goes Digital

This study of how plaintiffs’ lawyers market their services online reveals some of the most sophisticated, high-dollar tactics of any commercial industry. The study details how many plaintiffs’ firms create and dispatch a wide variety of websites and use social media tools such as Twitter and Facebook to create a complex web of information presented in a broad variety of ways, all designed to attract and vet potential clients for lawsuits. LEARN MORE »

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Letter to the DOJ and SEC Regarding Forthcoming Guidance on the Foreign Corrupt Practices Act

The U.S. Chamber Institute for Legal Reform and a broad-based business coalition sent this letter to the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) regarding forthcoming guidance on enforcement under the Foreign Corrupt Practices Act (FCPA). The letter identifies numerous critical areas that the Administration's guidance should address in order to provide much needed clarity and certainty for businesses making a good faith effort to comply with the statute. LEARN MORE »

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Litigation Funding in Australia: Identifying and Addressing Conflicts of Interest for Lawyers

The combination of influence and incentives created by litigation funding arrangements create an array of conflicts of interest for the lawyer.  This paper examines those conflicts of interest in light of the Australian experience. LEARN MORE »

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