News & Blog

In the News Today - September 4, 2015

September 04, 2015 | The New Orleans Times-Picayune cites a Louisiana Record report that shows, "law firms with political players on their staff stand to take in millions in fees from cities and towns that collected damages from BP to settle claims from the Deepwater Horizon oil spill." (Times-Picayune)

U.S. Chamber Challenges FCC's Actions over Telephone Consumer Protection Act

September 04, 2015 | "The U.S. Chamber of Commerce is suing to strike down the Federal Communications Commission's new robocall restrictions approved in June," reports The Hill.

In the News Today - September 4, 2015

September 04, 2015 | Insights

The New Orleans Times-Picayune cites a Louisiana Record report that shows, "law firms with political players on their staff stand to take in millions in fees from cities and towns that collected damages from BP to settle claims from the Deepwater Horizon oil spill." (Times-Picayune) Read More »

Tags: Class Actions, Louisiana

U.S. Chamber Challenges FCC's Actions over Telephone Consumer Protection Act

September 04, 2015 | Insights

"The U.S. Chamber of Commerce is suing to strike down the Federal Communications Commission's new robocall restrictions approved in June," reports The Hill. Read More »

Tags: Telephone Consumer Protection Act , Class Actions

In the News Today - September 3, 2015

September 03, 2015 | Insights

The class action lawsuit against Uber could have major implications for the ride-sharing company's business model, but also that of all "sharing economy" tech companies that rely on apps that connect independent contractors with consumers. (Wall Street Journal) Read More »

Tags: Class Actions, Louisiana

Providence, RI, Motley Rice Team Up to File Slew of Antitrust Lawsuits

September 03, 2015 | Insights

The City of Providence, R.I., has developed quite a relationship with the Motley Rice plaintiffs' firm to file more than a dozen federal antitrust lawsuits since 2012. Read More »

Tags: Rhode Island

In the News Today - September 2, 2015

September 02, 2015 | Insights

A federal judge granted class action status to a lawsuit brought by three Uber drivers against the ride sharing company. ILR posted about this case yesterday. The decision means as many as 160,000 Uber drives could join the case, which seeks to have the drivers classified as employees rather than independent contractors. (Wired) Read More »

Tags: Class Actions

Report Spotlights Pennsylvania AG's Relationship with Cohen Milstein; Cites ILR Criticism

September 02, 2015 | Insights

The Pennsylvania Independent spotlights Attorney General Kathleen Kane's close relationship with plaintiffs' firm Cohen Milstein. The report highlights Kane's suit against a chain of nursing homes in which "she had backup" from Cohen Milstein - a deal that allows the firm "to siphon off a large cut of any fines imposed upon the nursing homes." Read More »

Tags: State Attorneys General, Pennsylvania

In the News Today - September 1, 2015

September 01, 2015 | Insights

The New York City Asbestos Litigation (NYCAL) case management order is 27 years old, and some defendants have sought a stay on existing cases until the CMO is revised. Last week, NYCAL Judge Peter Moulton rejected the requested stay, but did grant a motion to negotiate a modification of the CMO, saying that a "complete re-examination of the CMO" is warranted. (Legal Newsline) Read More »

Tags: Asbestos, California, New York

Are Uber and Lyft Drivers Employees or Independent Contractors? The answer could make some plaintiffs' lawyers rich.

August 31, 2015 | Insights

UPDATE (9/2/15): A federal judge has now granted class action status in this case. (Wired) Uber and Lyft have revolutionized the way people get around, making hailing and paying for a cab as easy as the push of a smart phone app. In the process, they've also revolutionized a way that individuals can use their own cars to make money. But now plaintiffs' lawyers want the two tech startups to start paying more of the fare. This month, class action lawsuits have been filed against the two mobile transportation companies that claim drivers are employees, not independent contractors. Read More »

In the News Today - August 31, 2015

August 31, 2015 | Insights

Insurance Journal highlights the call by U.S. Senators Grassley and Cornyn for greater transparency by the litigation finance industry. The story notes that, "the U.S. Chamber of Commerce, for one, has derided this activity as 'a sophisticated scheme for gambling on litigation' that allegedly fuels abusive suits and creates conflicts of interest." (Insurance Journal) Read More »

Tags: State Attorneys General, Third Party Litigation Funding (TPLF), New Mexico

Delaware's Corporate-Friendly Brand 'Facing an Unusual Amount of Pressure'

August 31, 2015 | Insights

www.delawareonline.com/story/news/local/2015/08/28/discord-tests-delawares-corporate-friendly-image/71319508/ Read More »

Tags: Lawsuit Abuse Impact, Delaware

In the News Today - August 28, 2015

August 28, 2015 | Insights

Earlier this month, the Federal Communications Commission (FCC) issued its largest-ever Telephone Consumer Protection Act (TCPA) fine - $2.96 million - against Travel Club Marketing, Inc. and its owner for allegedly making 185 calls using an automated telephone dialing system. The fine amounts to more than $16,000 per call and is a "cautionary tale for other businesses," said Nicholas S. Agnello, attorney with Burr and Forman LLP. (Lexology) Read More »

Tags: Telephone Consumer Protection Act

In the News Today - September 4, 2015

September 04, 2015 | Insights

The New Orleans Times-Picayune cites a Louisiana Record report that shows, "law firms with political players on their staff stand to take in millions in fees from cities and towns that collected damages from BP to settle claims from the Deepwater Horizon oil spill." (Times-Picayune) Read More »

Tags: Class Actions, Louisiana

U.S. Chamber Challenges FCC's Actions over Telephone Consumer Protection Act

September 04, 2015 | Insights

"The U.S. Chamber of Commerce is suing to strike down the Federal Communications Commission's new robocall restrictions approved in June," reports The Hill. Read More »

Tags: Telephone Consumer Protection Act , Class Actions

In the News Today - September 3, 2015

September 03, 2015 | Insights

The class action lawsuit against Uber could have major implications for the ride-sharing company's business model, but also that of all "sharing economy" tech companies that rely on apps that connect independent contractors with consumers. (Wall Street Journal) Read More »

Tags: Class Actions, Louisiana

Providence, RI, Motley Rice Team Up to File Slew of Antitrust Lawsuits

September 03, 2015 | Insights

The City of Providence, R.I., has developed quite a relationship with the Motley Rice plaintiffs' firm to file more than a dozen federal antitrust lawsuits since 2012. Read More »

Tags: Rhode Island

In the News Today - September 2, 2015

September 02, 2015 | Insights

A federal judge granted class action status to a lawsuit brought by three Uber drivers against the ride sharing company. ILR posted about this case yesterday. The decision means as many as 160,000 Uber drives could join the case, which seeks to have the drivers classified as employees rather than independent contractors. (Wired) Read More »

Tags: Class Actions

Report Spotlights Pennsylvania AG's Relationship with Cohen Milstein; Cites ILR Criticism

September 02, 2015 | Insights

The Pennsylvania Independent spotlights Attorney General Kathleen Kane's close relationship with plaintiffs' firm Cohen Milstein. The report highlights Kane's suit against a chain of nursing homes in which "she had backup" from Cohen Milstein - a deal that allows the firm "to siphon off a large cut of any fines imposed upon the nursing homes." Read More »

Tags: State Attorneys General, Pennsylvania

In the News Today - September 1, 2015

September 01, 2015 | Insights

The New York City Asbestos Litigation (NYCAL) case management order is 27 years old, and some defendants have sought a stay on existing cases until the CMO is revised. Last week, NYCAL Judge Peter Moulton rejected the requested stay, but did grant a motion to negotiate a modification of the CMO, saying that a "complete re-examination of the CMO" is warranted. (Legal Newsline) Read More »

Tags: Asbestos, California, New York

Are Uber and Lyft Drivers Employees or Independent Contractors? The answer could make some plaintiffs' lawyers rich.

August 31, 2015 | Insights

UPDATE (9/2/15): A federal judge has now granted class action status in this case. (Wired) Uber and Lyft have revolutionized the way people get around, making hailing and paying for a cab as easy as the push of a smart phone app. In the process, they've also revolutionized a way that individuals can use their own cars to make money. But now plaintiffs' lawyers want the two tech startups to start paying more of the fare. This month, class action lawsuits have been filed against the two mobile transportation companies that claim drivers are employees, not independent contractors. Read More »

In the News Today - August 31, 2015

August 31, 2015 | Insights

Insurance Journal highlights the call by U.S. Senators Grassley and Cornyn for greater transparency by the litigation finance industry. The story notes that, "the U.S. Chamber of Commerce, for one, has derided this activity as 'a sophisticated scheme for gambling on litigation' that allegedly fuels abusive suits and creates conflicts of interest." (Insurance Journal) Read More »

Tags: State Attorneys General, Third Party Litigation Funding (TPLF), New Mexico

Delaware's Corporate-Friendly Brand 'Facing an Unusual Amount of Pressure'

August 31, 2015 | Insights

www.delawareonline.com/story/news/local/2015/08/28/discord-tests-delawares-corporate-friendly-image/71319508/ Read More »

Tags: Lawsuit Abuse Impact, Delaware

In the News Today - August 28, 2015

August 28, 2015 | Insights

Earlier this month, the Federal Communications Commission (FCC) issued its largest-ever Telephone Consumer Protection Act (TCPA) fine - $2.96 million - against Travel Club Marketing, Inc. and its owner for allegedly making 185 calls using an automated telephone dialing system. The fine amounts to more than $16,000 per call and is a "cautionary tale for other businesses," said Nicholas S. Agnello, attorney with Burr and Forman LLP. (Lexology) Read More »

Tags: Telephone Consumer Protection Act

U.S. Chamber's Rickard Named 'Legend in Law' Winner at The Burton Awards

June 15, 2015 | Press Release

ILR President Lisa A. Rickard was named a 2015 "Legend in Law" winner at The Burton Awards, which honor the finest accomplishments in law. Read More »

As Kiobel Turns Two: How the Supreme Court is Leaving the Details to Lower Courts

August 11, 2015 | Research

This paper explores the effect of the U.S. Supreme Court's Kiobel decision on Alien Tort Statute (ATS) litigation in lower courts, and how lower courts have struggled to determine whether Kiobel permits U.S. corporations to be sued under the ATS for alleged torts in foreign countries. Read More »

The ILR Research Review - Volume 2

May 18, 2015 | Research

The ILR Research Review offers valuable insights from our preeminent experts and specialists on key topics addressed in the latest of ILR's research reports. Read More »

Tags: Third Party Litigation Funding (TPLF), Telephone Consumer Protection Act , State Legal Reforms, State Attorneys General, Securities Litigation Reform, Medical Liability, Lawsuit Abuse Impact, False Claims Act (FCA), Class Actions Around the Globe, Class Actions

Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds

Author: John H. Beisner, Geoffrey M. Wyatt and Jordan M. Schwartz, Skadden, Arps, Slate, Meagher & Flom LLP Andrew J. Pincus and Sean P. McDonnell, Mayer Brown LLP | March 25, 2015 | Research

This paper addresses the growing practice of federal law enforcement officials and state attorneys general using public money generated from litigation settlements for their own use or for their preferred projects and charities. Read More »

Tags: State Attorneys General

Painting an Unsettling Landscape: Canadian Class Actions 2011-2014

Author: John H. Beisner, Gary A. Rubin, Jordan Schwartz, Skadden, Arps, Slate, Meagher & Flom, LLP, Washington, DC
Gordon McKee, Will Morrison, Blake, Cassels & Graydon, LLP, Toronto, Ontario | March 23, 2015 | Research

This paper expounds upon notable developments in Canadian class actions and provides commentary on how businesses facing putative class actions in Canada can best defend against these lawsuits and participate in potential opportunities for reform. Read More »

Tags: Class Actions Around the Globe

The ILR Research Review - Volume 1

Author: Institute for Legal Reform | December 18, 2014 | Research

The second issue of the ILR Research Review offers valuable insights from our preeminent experts and specialists on key topics addressed in the latest of ILR's research reports. Read More »

Tags: State Legal Reforms, State Attorneys General, Lawsuit Abuse Impact, Foreign Judgment Enforcement, Foreign Corrupt Practices Act (FCPA), False Claims Act (FCA), Class Actions Around the Globe

Lawsuit Ecosystem II: New Trends, Targets and Players

Author: Victor E. Schwartz & Cary Silverman, Shook, Hardy & Bacon LLP | December 04, 2014 | Research

This report, authored by a distinguished group of practitioners, explores the evolving lawsuit "ecosystem." It considers how plaintiffs' lawyers generate litigation and significant developments that will spur more lawsuits or rein in excessive liability. Read More »

Tags: State Legal Reforms, State Attorneys General, Securities Litigation Reform, Lawsuit Abuse Impact, False Claims Act (FCA), Class Actions, Asbestos

Laboratories of Tort Law: A Three-Year Review of Key State Supreme Court Decisions

Author: Victor E. Schwartz & Cary Silverman, Shook, Hardy & Bacon LLP | December 04, 2014 | Research

This report highlights significant tort law decisions over the past three years that are examples of particularly sound or unsound rulings. Each analysis examines the tort law principles involved, whether the court followed or deviated from these principles, and the court's reasoning in reaching its decision. Read More »

Tags: State Tort Reform, State Legal Reforms, Medical Liability, Lawsuit Abuse Impact, Class Actions, Asbestos

Unprincipled Prosecution: Abuse of Power and Profiteering in the New 'Litigation Swarm'

Author: Andrew J. Pincus, Mayer Brown LLP | October 21, 2014 | Research

This paper addresses the swarm litigation model of duplicative investigations and legal actions by government enforcement officials and the plaintiffs' bar. Corporate defendants faced with gargantuan monetary claims and the prospects of multi-year, multi-front litigation have little choice but settlement, regardless of the merits. Read More »

Tags: State Legal Reforms, State Attorneys General

The FIRREA Revival: Dredging Up Solutions to the Financial Crisis

Author: Michael Y. Scudder and Andrew M. Good, Skadden, Arps, Slate, Meagher & Flom, LLP | October 21, 2014 | Research

This paper explores the use of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) by the Department of Justice to investigate and prosecute cases arising out of the recent financial crisis, and highlights trends to watch for as DOJ expands its use of FIRREA. Read More »

Tags: False Claims Act (FCA)

Perils and Pitfalls: Social Media Law and the Workplace

Author: Sara A. Begley, Joel S. Barras, Divonne Smoyer, and Amanda D. Haverstick, Reed Smith LLP | October 21, 2014 | Research

This paper discusses why and how the increase in workplace social media use presents U.S. employers with considerable risks. The uncertain legal environment created by the inconsistency among state privacy statutes and recent ad hoc social media rulings by the NLRB make social media a high risk area for U.S. businesses. Read More »

Tags: State Legal Reforms

The Enforcement Prism: Principled Prosecution or Profiteering?

October 24, 2014 | Video

This panel explores the mosaic of serial enforcement by federal and state regulatory agencies, state attorneys general, and the plaintiffs' bar; the growth in civil penalties; regulation through litigation; and how to achieve the appropriate enforcement balance. Watch »

The Two-Way Mirror: Political Landscape and 2014 Elections Outlook

October 24, 2014 | Video

Insights on the current political landscape, mood of the electorate, and outlook on the 2014 elections. Watch »

Liability Refraction: Digital Technology and Privacy

October 24, 2014 | Video

This panel will explore digital technology and privacy issues that give rise to liability, and will include a discussion of social media and employer liability; the Telephone Consumer Protection Act; and the recent EU Privacy Initiative and "The Right To Be Forgotten." Watch »

As Seen Through the Crystal Ball: The Future of Securities Class Actions

October 24, 2014 | Video

This panel addresses securities litigation post-Halliburton, offer proposed legislative reforms, discuss fee-shifting in Delaware and elsewhere, and consider the real-world effects of securities litigation on corporate governance. Watch »

Reflecting Upon The Restatements: A Discussion with the American Law Institute

October 24, 2014 | Video

This presentation reflects upon the American Law Institute and the Restatements, specifically what they are and how they are developed, which Restatements are currently under consideration by ALI, and how the business community can best engage in the process as those Restatements are formulated. Watch »

Welcoming Remarks

October 24, 2014 | Video

Watch »

A Cracked Looking Glass: Attorney Fraud and the Lack of Accountability

October 24, 2014 | Video

This panel explores attorney fraud in the Chevron case, manipulation in asbestos cases, and ramifications of a lack of accountability within the profession. Watch »

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