News & Blog

In The News Today - July 6, 2015

July 06, 2015 | Fiat Chrysler Automobiles NV is expected to face penalties from the National Highway Traffic Safety Administration for alleged recall "lapses." (Wall Street Journal)

Financial Times: Delay in Reaching BP Settlement Harms "All Sides"

July 06, 2015 | The Financial Times says "…the belligerence of the US authorities" delayed BP's recent settlement over the Deepwater Horizon spill of 2010-to the detriment of "…BP and its shareholders, to the US oil industry, to the people of the gulf region, and to the interests of justice."

In The News Today - July 6, 2015

July 06, 2015 | Insights

Fiat Chrysler Automobiles NV is expected to face penalties from the National Highway Traffic Safety Administration for alleged recall "lapses." (Wall Street Journal) Read More »

Tags: Connecticut

Financial Times: Delay in Reaching BP Settlement Harms "All Sides"

July 06, 2015 | Insights

The Financial Times says "…the belligerence of the US authorities" delayed BP's recent settlement over the Deepwater Horizon spill of 2010-to the detriment of "…BP and its shareholders, to the US oil industry, to the people of the gulf region, and to the interests of justice." Read More »

In The News Today - July 2, 2015

July 02, 2015 | Insights

A new plan by the Securities and Exchange Commission (SEC) will require public companies to overhaul their clawback procedures in the event of a reinstatement, a "sea change" from current practices which afford companies significant discretion in choosing how and when to apply clawback policies. (Reuters) Read More »

BP to Pay $18.7 Billion in Deepwater Horizon Settlement

July 02, 2015 | Insights

BP PLC announced it will pay $18.7 billion to settle all federal and state claims connected to Deepwater Horizon. Read More »

In The News Today - July 1, 2015

July 01, 2015 | Insights

Though they agree on the need for SEC appointed in-house corporate compliance officers, SEC Commissioners Daniel Gallagher and Luis Aguilar have made competing statements about the manner in which the officers ought to be utilized. (Reuters) Read More »

Judge Kozinski Calls Out Prosecutorial Advantage

July 01, 2015 | Insights

In the latest issue of Georgetown Law Journal, Ninth U.S. Circuit Court of Appeals Judge Alex Kozinski, one of the nation's most influential judges, claims that prosecutorial advantage in state and federal courtrooms is out of control. Read More »

In The News Today - June 30, 2015

June 30, 2015 | Insights

The U.S. Court of Appeals for the Eleventh Circuit recently decided in favor of stricter standards for plaintiff "ascertainability" in consumer class actions, i.e., the objective measure by which class members can be clearly identified so that defendants are protected from fraudulent claims. (Forbes) Read More »

Tags: Class Actions

"Serial Objectors" Shakedown Plaintiffs' Firms

June 30, 2015 | Insights

Plaintiffs' firms are getting a taste of their own medicine by way of "serial objectors," class members who "...know class counsel won't receive their fees until appeals are over" and so file objections to their settlement awards, strong-arming firms into paying them to go away. Read More »

Tags: Telephone Consumer Protection Act , Class Actions

In The News Today - June 29, 2015

June 29, 2015 | Insights

ILR President Lisa A. Rickard was quoted on Delaware's recent passage of a law banning fee-shifting corporate bylaws but permitting forum selection, a provision some say ensures the state's ability to filter out meritless lawsuits. "The business world will be watching carefully to see if that promise holds true," she said. (Insurance Journal) Read More »

Tags: Delaware

Expanded Use of In-House Courts Brings Criticism From SEC Alumni

June 29, 2015 | Insights

As the Securities and Exchange Commission (SEC) defends itself against a flurry of recent legal challenges to its growing reliance upon administrative-law judges, former high-powered agency insiders are calling for a "do-over." Read More »

In The News Today - June 26, 2015

June 26, 2015 | Insights

The FCC's recent ruling on the Telephone Consumer Protection Act (TCPA) has dire implications for the future of polling, an essential component of our democracy, according to a piece in The Daily Beast. (The Daily Beast) Read More »

Tags: State Legal Reforms, State Tort Reform, Telephone Consumer Protection Act , Illinois

In The News Today - July 6, 2015

July 06, 2015 | Insights

Fiat Chrysler Automobiles NV is expected to face penalties from the National Highway Traffic Safety Administration for alleged recall "lapses." (Wall Street Journal) Read More »

Tags: Connecticut

Financial Times: Delay in Reaching BP Settlement Harms "All Sides"

July 06, 2015 | Insights

The Financial Times says "…the belligerence of the US authorities" delayed BP's recent settlement over the Deepwater Horizon spill of 2010-to the detriment of "…BP and its shareholders, to the US oil industry, to the people of the gulf region, and to the interests of justice." Read More »

In The News Today - July 2, 2015

July 02, 2015 | Insights

A new plan by the Securities and Exchange Commission (SEC) will require public companies to overhaul their clawback procedures in the event of a reinstatement, a "sea change" from current practices which afford companies significant discretion in choosing how and when to apply clawback policies. (Reuters) Read More »

BP to Pay $18.7 Billion in Deepwater Horizon Settlement

July 02, 2015 | Insights

BP PLC announced it will pay $18.7 billion to settle all federal and state claims connected to Deepwater Horizon. Read More »

In The News Today - July 1, 2015

July 01, 2015 | Insights

Though they agree on the need for SEC appointed in-house corporate compliance officers, SEC Commissioners Daniel Gallagher and Luis Aguilar have made competing statements about the manner in which the officers ought to be utilized. (Reuters) Read More »

Judge Kozinski Calls Out Prosecutorial Advantage

July 01, 2015 | Insights

In the latest issue of Georgetown Law Journal, Ninth U.S. Circuit Court of Appeals Judge Alex Kozinski, one of the nation's most influential judges, claims that prosecutorial advantage in state and federal courtrooms is out of control. Read More »

In The News Today - June 30, 2015

June 30, 2015 | Insights

The U.S. Court of Appeals for the Eleventh Circuit recently decided in favor of stricter standards for plaintiff "ascertainability" in consumer class actions, i.e., the objective measure by which class members can be clearly identified so that defendants are protected from fraudulent claims. (Forbes) Read More »

Tags: Class Actions

"Serial Objectors" Shakedown Plaintiffs' Firms

June 30, 2015 | Insights

Plaintiffs' firms are getting a taste of their own medicine by way of "serial objectors," class members who "...know class counsel won't receive their fees until appeals are over" and so file objections to their settlement awards, strong-arming firms into paying them to go away. Read More »

Tags: Telephone Consumer Protection Act , Class Actions

In The News Today - June 29, 2015

June 29, 2015 | Insights

ILR President Lisa A. Rickard was quoted on Delaware's recent passage of a law banning fee-shifting corporate bylaws but permitting forum selection, a provision some say ensures the state's ability to filter out meritless lawsuits. "The business world will be watching carefully to see if that promise holds true," she said. (Insurance Journal) Read More »

Tags: Delaware

Expanded Use of In-House Courts Brings Criticism From SEC Alumni

June 29, 2015 | Insights

As the Securities and Exchange Commission (SEC) defends itself against a flurry of recent legal challenges to its growing reliance upon administrative-law judges, former high-powered agency insiders are calling for a "do-over." Read More »

In The News Today - June 26, 2015

June 26, 2015 | Insights

The FCC's recent ruling on the Telephone Consumer Protection Act (TCPA) has dire implications for the future of polling, an essential component of our democracy, according to a piece in The Daily Beast. (The Daily Beast) Read More »

Tags: State Legal Reforms, State Tort Reform, Telephone Consumer Protection Act , Illinois

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 »

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

Federal Cases from Foreign Places: How the Supreme Court Has Limited Foreign Disputes From Flooding U.S. Courts

Author: George T. Conway III, Wachtell, Lipton, Rosen & Katz, John Bellinger, III and R. Reeves Anderson, Arnold & Porter LLP, James L. Stengel, Orrick, Herrington & Sutcliffe LLP | October 21, 2014 | Research

This collection of essays examines the shifting legal landscape of federal claims by foreign plaintiffs in the federal courts and focuses on the most common statutes invoked by foreign plaintiffs, as well as the threshold issues of personal jurisdiction and pleading standards that govern such suits. Read More »

Tags: Foreign Judgment Enforcement, Foreign Corrupt Practices Act (FCPA)

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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