News & Blog

In the News Today - August 28, 2015

August 28, 2015 | 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)

U.S. Senators Call for More Transparency in Litigation Funding Industry

August 28, 2015 | Senate Judiciary Chairman Chuck Grassley (R-IA) and Senate Majority Whip John Cornyn (R-TX) have sent letters to three of the largest litigation funding companies asking "for a slew of information, including a complete list of cases each company has funded from 2009 to 2014, how much money they made, and whether the financing arrangements were disclosed to other parties in the litigation."

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. Senators Call for More Transparency in Litigation Funding Industry

August 28, 2015 | Insights

Senate Judiciary Chairman Chuck Grassley (R-IA) and Senate Majority Whip John Cornyn (R-TX) have sent letters to three of the largest litigation funding companies asking "for a slew of information, including a complete list of cases each company has funded from 2009 to 2014, how much money they made, and whether the financing arrangements were disclosed to other parties in the litigation." Read More »

Tags: Third Party Litigation Funding (TPLF)

In the News Today - August 27, 2015

August 27, 2015 | Insights

A Wisconsin personal injury firm has filed its second TCPA class action lawsuit over allegedly unsolicited faxes ... this time against a lawsuit lending firm. (Legal Newsline) Read More »

Tags: State Attorneys General, Class Actions, New York

Business Insider Laments American 'Consumer Lawsuits'; Cites ILR Research Report

August 27, 2015 | Insights

"Big consumer lawsuits are frequently a big win for lawyers but don't do much for consumers or anybody else," writes Business Insider, pointing to a recent class action settlement over Southwest Airlines drink coupons. Read More »

Tags: Class Actions

In the News Today - August 26, 2015

August 26, 2015 | Insights

CNN notes the U.S. Chamber's support for the Cybersecurity Information Sharing Act, which would provide companies certain legal protections if they share information on cybersecurity threats with each other and the government. The U.S. Senate this week delayed action on the bill until after the August recess. (CNN Politics) Read More »

Tags: Class Actions

SEC Won't Penalize Target Over 2013 Cyber-attack; Company Still Faces Actions by State AGs, Private Litigators

August 26, 2015 | Insights

The U.S. Securities and Exchange Commission (SEC) has decided not to recommend an enforcement action against Target Corp. for the 2013 cyber-attack against the company - but the company still faces actions by numerous state attorneys general and private litigators. Read More »

Tags: State Attorneys General

In the News Today - August 25, 2015

August 25, 2015 | Insights

Luke Barrett, head of legal and risk at UniSuper, one of Australia's largest institutional investors, criticized the country's litigation funding industry, asking why they "are able to charge 30 percent to 40 percent of the recovery amount." Those amounts, Barrett said, "can often be a multiple of what the legal fees were." (Sydney Morning Herald) Read More »

Tags: Class Actions, Class Actions Around the Globe, Third Party Litigation Funding (TPLF), California, Missouri

More than 90% of GM Ignition Switch Claims Rejected by Compensation Fund

August 25, 2015 | Insights

The Kenneth Feinberg-led compensation fund set up to process claims related to the General Motors ignition switch litigation has processed 4,343 claims - and determined that only 399 were eligible for compensation. Read More »

In the News Today - August 24, 2015

August 24, 2015 | Insights

"Investors need to be careful of the 'new kids on the block' launching class actions in Australia because the growing market for class action law firms and litigation funders carries significant risk," warns Monash University law professor Vince Morabito. (Sydney Morning Herald) Read More »

Tags: Class Actions, Class Actions Around the Globe, Third Party Litigation Funding (TPLF)

ILR Report Cited in Story about 'Almond Milk' Class Actions

August 24, 2015 | Insights

A story about a number of class action lawsuits filed against manufacturers of almond milk cites ILR's 2013 report, "The New Lawsuit Ecosystem." In that report, lawsuits against food manufacturers are highlighted as an emerging trend. Read More »

Tags: Class Actions, California

In the News Today - August 21, 2015

August 21, 2015 | Insights

Uber is facing a Telephone Consumer Protection Act (TCPA) lawsuit over robocalls the company made this summer urging New York City consumers to oppose the mayor's proposal regarding capping the number of non-taxi drivers who can pick up passengers. Uber plans to fight the lawsuit, as it believes the calls fall under the category of "acceptable political messaging." (Consumerist) Read More »

Tags: Telephone Consumer Protection Act

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. Senators Call for More Transparency in Litigation Funding Industry

August 28, 2015 | Insights

Senate Judiciary Chairman Chuck Grassley (R-IA) and Senate Majority Whip John Cornyn (R-TX) have sent letters to three of the largest litigation funding companies asking "for a slew of information, including a complete list of cases each company has funded from 2009 to 2014, how much money they made, and whether the financing arrangements were disclosed to other parties in the litigation." Read More »

Tags: Third Party Litigation Funding (TPLF)

In the News Today - August 27, 2015

August 27, 2015 | Insights

A Wisconsin personal injury firm has filed its second TCPA class action lawsuit over allegedly unsolicited faxes ... this time against a lawsuit lending firm. (Legal Newsline) Read More »

Tags: State Attorneys General, Class Actions, New York

Business Insider Laments American 'Consumer Lawsuits'; Cites ILR Research Report

August 27, 2015 | Insights

"Big consumer lawsuits are frequently a big win for lawyers but don't do much for consumers or anybody else," writes Business Insider, pointing to a recent class action settlement over Southwest Airlines drink coupons. Read More »

Tags: Class Actions

In the News Today - August 26, 2015

August 26, 2015 | Insights

CNN notes the U.S. Chamber's support for the Cybersecurity Information Sharing Act, which would provide companies certain legal protections if they share information on cybersecurity threats with each other and the government. The U.S. Senate this week delayed action on the bill until after the August recess. (CNN Politics) Read More »

Tags: Class Actions

SEC Won't Penalize Target Over 2013 Cyber-attack; Company Still Faces Actions by State AGs, Private Litigators

August 26, 2015 | Insights

The U.S. Securities and Exchange Commission (SEC) has decided not to recommend an enforcement action against Target Corp. for the 2013 cyber-attack against the company - but the company still faces actions by numerous state attorneys general and private litigators. Read More »

Tags: State Attorneys General

In the News Today - August 25, 2015

August 25, 2015 | Insights

Luke Barrett, head of legal and risk at UniSuper, one of Australia's largest institutional investors, criticized the country's litigation funding industry, asking why they "are able to charge 30 percent to 40 percent of the recovery amount." Those amounts, Barrett said, "can often be a multiple of what the legal fees were." (Sydney Morning Herald) Read More »

Tags: Class Actions, Class Actions Around the Globe, Third Party Litigation Funding (TPLF), California, Missouri

More than 90% of GM Ignition Switch Claims Rejected by Compensation Fund

August 25, 2015 | Insights

The Kenneth Feinberg-led compensation fund set up to process claims related to the General Motors ignition switch litigation has processed 4,343 claims - and determined that only 399 were eligible for compensation. Read More »

In the News Today - August 24, 2015

August 24, 2015 | Insights

"Investors need to be careful of the 'new kids on the block' launching class actions in Australia because the growing market for class action law firms and litigation funders carries significant risk," warns Monash University law professor Vince Morabito. (Sydney Morning Herald) Read More »

Tags: Class Actions, Class Actions Around the Globe, Third Party Litigation Funding (TPLF)

ILR Report Cited in Story about 'Almond Milk' Class Actions

August 24, 2015 | Insights

A story about a number of class action lawsuits filed against manufacturers of almond milk cites ILR's 2013 report, "The New Lawsuit Ecosystem." In that report, lawsuits against food manufacturers are highlighted as an emerging trend. Read More »

Tags: Class Actions, California

In the News Today - August 21, 2015

August 21, 2015 | Insights

Uber is facing a Telephone Consumer Protection Act (TCPA) lawsuit over robocalls the company made this summer urging New York City consumers to oppose the mayor's proposal regarding capping the number of non-taxi drivers who can pick up passengers. Uber plans to fight the lawsuit, as it believes the calls fall under the category of "acceptable political messaging." (Consumerist) 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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