News & Blog

Head of the DOJ Criminal Division Says Some Federal Cases "Shouldn't Be Filed"

December 09, 2016 | Leslie Caldwell, the head of the U.S. Justice Department's Criminal Division, acknowledged yesterday that some federal prosecutors lack the experience and supervision to properly determine whether to bring charges, writes the National Law Journal.

In the News Today - December 9, 2016

December 09, 2016 | The quarter-century-old case between Lebanese-owned AJA and Cigna Insurance (now Chubb) contained many twists and turns including "Garrett Kelleher, an Irish property developer providing some $3m in litigation funding, for which he received a 45% stake in the venture."

Head of the DOJ Criminal Division Says Some Federal Cases "Shouldn't Be Filed"

December 09, 2016 | News and Blog

Leslie Caldwell, the head of the U.S. Justice Department's Criminal Division, acknowledged yesterday that some federal prosecutors lack the experience and supervision to properly determine whether to bring charges, writes the National Law Journal. Read More »

In the News Today - December 9, 2016

December 09, 2016 | News and Blog

The quarter-century-old case between Lebanese-owned AJA and Cigna Insurance (now Chubb) contained many twists and turns including "Garrett Kelleher, an Irish property developer providing some $3m in litigation funding, for which he received a 45% stake in the venture." Read More »

NEW VIDEO: Are TV Ads for Drug Lawsuits Bad for your Health?

December 08, 2016 | News and Blog

In 2015, trial lawyers spent 128 million dollars to air 365,000 ads hawking lawsuits against drugs and medical devices. But a report shows that these ads can be harmful to the public health. Read More »

In the News Today - December 8, 2016

December 08, 2016 | News and Blog

Reuter's Alison Frankel analyses "how the Trump administration's Securities and Exchange Commission will approach enforcement of the securities laws." Frankel argues that the president-elect's website echoes language used in Representative Jeb Hensarling's proposed Financial Choice Act on Dodd-Frank and financial reform. Read More »

Supreme Court Rules Violation of FCA's Secrecy Requirement Does Not Lead to Dismissal of Case

December 07, 2016 | News and Blog

In a unanimous ruling yesterday, the U.S. Supreme Court said that violating the federal False Claims Act's (FCA) secrecy requirement does not automatically mean a complaint should be dismissed. Read More »

In the News Today - December 7, 2016

December 07, 2016 | News and Blog

Former U.S. Attorney John Wood said that the decision by Trump to keep NY AG Preet Bharara "suggests that the Feds will continue to keep the pressure on C-suite executives to adopt and maintain strong compliance programs for their companies. Read More »

60 Minutes Segment on Concerning Trends with ADA Lawsuits

December 06, 2016 | News and Blog

In a recent 60 Minute segment Anderson Cooper covered "the way lawyers and clients sue retail business by the dozens or hundreds over defects in Americans with Disabilities Act (ADA) accessibility compliance and then cash in the complaints for quick settlements." Read More »

In the News Today - December 6, 2016

December 06, 2016 | News and Blog

The Federal Communications Commission (FCC) is clarifying the limitations on auto-dialed text messages, more commonly known as robotexts. This new advisory is an amendment to the TCPA, which restricts the making of telemarketing calls, the use of automatic telephone dialing system, and artificial or prerecorded voice messages. Read More »

Disconnects & Double-Dipping: The Case for Asbestos Bankruptcy Trust Transparency in Virginia

Author: Mark A. Behrens, Shook, Hardy & Bacon L.L.P. | December 06, 2016 | Research

This report highlights the disconnect between asbestos bankruptcy trust and asbestos personal injury lawsuit systems by examining Garlock and other cases that expose the widespread asbestos trust manipulation and specifically looks at trust claim activity in wrongful death cases in Newport News, Virginia. Read More »

Can President-Elect Trump "Fire CFPB Chief on Day One?"

December 05, 2016 | News and Blog

Over the past several weeks Republican lawmakers and some industry executives have called on president-elect Trump to constrain Mr. Cordray and the CFPB, but whether or not Mr. Trump will be able to oust Cordray on his first day as president remains to be seen. Read More »

Head of the DOJ Criminal Division Says Some Federal Cases "Shouldn't Be Filed"

December 09, 2016 | News and Blog

Leslie Caldwell, the head of the U.S. Justice Department's Criminal Division, acknowledged yesterday that some federal prosecutors lack the experience and supervision to properly determine whether to bring charges, writes the National Law Journal. Read More »

In the News Today - December 9, 2016

December 09, 2016 | News and Blog

The quarter-century-old case between Lebanese-owned AJA and Cigna Insurance (now Chubb) contained many twists and turns including "Garrett Kelleher, an Irish property developer providing some $3m in litigation funding, for which he received a 45% stake in the venture." Read More »

NEW VIDEO: Are TV Ads for Drug Lawsuits Bad for your Health?

December 08, 2016 | News and Blog

In 2015, trial lawyers spent 128 million dollars to air 365,000 ads hawking lawsuits against drugs and medical devices. But a report shows that these ads can be harmful to the public health. Read More »

In the News Today - December 8, 2016

December 08, 2016 | News and Blog

Reuter's Alison Frankel analyses "how the Trump administration's Securities and Exchange Commission will approach enforcement of the securities laws." Frankel argues that the president-elect's website echoes language used in Representative Jeb Hensarling's proposed Financial Choice Act on Dodd-Frank and financial reform. Read More »

Supreme Court Rules Violation of FCA's Secrecy Requirement Does Not Lead to Dismissal of Case

December 07, 2016 | News and Blog

In a unanimous ruling yesterday, the U.S. Supreme Court said that violating the federal False Claims Act's (FCA) secrecy requirement does not automatically mean a complaint should be dismissed. Read More »

In the News Today - December 7, 2016

December 07, 2016 | News and Blog

Former U.S. Attorney John Wood said that the decision by Trump to keep NY AG Preet Bharara "suggests that the Feds will continue to keep the pressure on C-suite executives to adopt and maintain strong compliance programs for their companies. Read More »

60 Minutes Segment on Concerning Trends with ADA Lawsuits

December 06, 2016 | News and Blog

In a recent 60 Minute segment Anderson Cooper covered "the way lawyers and clients sue retail business by the dozens or hundreds over defects in Americans with Disabilities Act (ADA) accessibility compliance and then cash in the complaints for quick settlements." Read More »

In the News Today - December 6, 2016

December 06, 2016 | News and Blog

The Federal Communications Commission (FCC) is clarifying the limitations on auto-dialed text messages, more commonly known as robotexts. This new advisory is an amendment to the TCPA, which restricts the making of telemarketing calls, the use of automatic telephone dialing system, and artificial or prerecorded voice messages. Read More »

Can President-Elect Trump "Fire CFPB Chief on Day One?"

December 05, 2016 | News and Blog

Over the past several weeks Republican lawmakers and some industry executives have called on president-elect Trump to constrain Mr. Cordray and the CFPB, but whether or not Mr. Trump will be able to oust Cordray on his first day as president remains to be seen. Read More »

In the News Today - December 5, 2016

December 05, 2016 | News and Blog

Deputy Attorney General Sally Yates announced that the DOJ has launch a new website "in an effort to be more transparent about the Yates Memo and changes made last year to the Filip factors." Yates added that the simplest option when a question presents itself is to "pick up the phone and call the Assistant U.S. Attorneys or trail attorney handling your case." Read More »

Judges in CA Want Plaintiffs to Disclose Third Party Funding

December 02, 2016 | News and Blog

"Federal judges in California may be about to deal the business [of litigation funding] a serious blow," writes Bloomberg. Read More »

U.S. Chamber Applauds House Passage of Bill to Bar Diverting Settlement Money to Third-Parties

September 07, 2016 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the U.S. House of Representatives passing the "Stop Settlement Slush Funds Act of 2016," (H.R. 5063). Read More »

U.S. Chamber Applauds House Judiciary Committee Efforts to Rein In Executive Overreach

July 12, 2016 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the U.S. House Judiciary Committee's Executive Overreach Task Force hearing. Read More »

U.S. Chamber Urges Missouri Legislature to Override Vetoes of Bills Geared to Improve State's Lawsuit Climate

June 29, 2016 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about Missouri Governor Jay Nixon's vetoes of bills to keep "junk science" out of state courts by adopting the federal standard governing expert witness testimony (SB 591) and to ensure that courts and juries properly consider accurate damage calculations (SB 847). Read More »

New Reports Highlight Problem of Over-Criminalization, Negative Impact of DOJ Yates Memo

May 26, 2016 | Press Release

WASHINGTON, D.C.-The Department of Justice's new policy of enlisting companies to conduct criminal investigations of their employees as a condition of civil settlements-the so-called Yates Memo-will have a chilling effect on the ability of companies to cooperate and comply with the government, according to a new report released today at a symposium hosted jointly by the U.S. Chamber Institute for Legal Reform (ILR) and the National Association of Criminal Defense Lawyers (NACDL). Read More »

U.S. Chamber Applauds House Judiciary Committee Approval of Bill to Bar Diverting DOJ Settlement Money to Third-Parties

May 11, 2016 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the U.S. House Judiciary Committee's passage of the "Stop Settlement Slush Funds Act of 2016," (H.R. 5063). Read More »

U.S. Chamber Applauds House Efforts to Bar Diverting Settlement Money to Third-Party Groups

April 28, 2016 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the U.S. House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law holding a hearing on the "Stop Settlement Slush Funds Act of 2016," (H.R. 5063). Read More »

Disconnects & Double-Dipping: The Case for Asbestos Bankruptcy Trust Transparency in Virginia

Author: Mark A. Behrens, Shook, Hardy & Bacon L.L.P. | December 06, 2016 | Research

This report highlights the disconnect between asbestos bankruptcy trust and asbestos personal injury lawsuit systems by examining Garlock and other cases that expose the widespread asbestos trust manipulation and specifically looks at trust claim activity in wrongful death cases in Newport News, Virginia. Read More »

Big Bucks and Local Lawyers: The Increasing Use of Contingency Fee Lawyers by Local Governments

Author: Michael Maddigan, Hogan Lovells | October 26, 2016 | Research

The increasing use of contingency fee counsel by local government entities is a disturbing trend that poses real risks to the fair and impartial administration of justice. Read More »

The ILR Research Review - Fall 2016

September 22, 2016 | Research

This edition of the ILR Research Review offers valuable insights from ILR's latest research on over-criminalization and the challenges of business compliance, over-enforcement, third-party litigation funding in the UK, and asbestos trust claims. Read More »

Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

Author: John H. Beisner, Geoffrey M. Wyatt, and Jordan M. Schwartz, Skadden Arps | May 26, 2016 | Research

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. Read More »

DOJ's New Threshold for "Cooperation": Challenges Posed by the Yates Memo and USAM Revisions

Author: Matthew M. Miner, Morgan, Lewis & Bockius LLP | May 26, 2016 | Research

This paper examines the recent release of the Yates Memo, changes to the U.S. Attorneys' Manual (USAM), and the complicated landscape for business compliance and cooperation. Read More »

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

Author: Ken Daly and Steven Pitt, Sidley Austin LLP | April 18, 2016 | Research

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. Read More »

Insights & Inconsistencies: Lessons from the Garlock Trust Claims

Author: James L. Stengel and C. Anne Malik, Orrick, Herrington and Sutcliffe LLP | February 19, 2016 | Research

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. Read More »

The ILR Research Review - Winter 2015

December 22, 2015 | Research

This edition of the ILR Research Review offers valuable insights from the latest of ILR's research on state legal climates, data privacy, multidistrict litigation (MDL) proceedings, and trial lawyer marketing. Read More »

The Waiting Game: Delay and Non-Disclosure of Asbestos Trust Claims

Author: Peter Kelso and Marc Scarcella, Bates White | December 17, 2015 | Research

This paper addresses the lack of transparency in asbestos bankruptcy trust systems, and the intentional delay and suppression of trust disclosures by plaintiffs and their counsel. Read More »

Trial Lawyer Marketing: Broadcast, Search and Social Strategies

Author: Ken Goldstein, University of San Francisco and Dhavan V. Shah, Sherpa Metrix LLC | October 27, 2015 | Research

This study presents findings that highlight the highly-sophisticated and well-orchestrated marketing tactics of the plaintiffs' bar, including television advertising and the use of social media. Read More »

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