News & Blog

ALI: Impartial Expositor of the Law or Lobbying Group?

January 18, 2017 | The American Law Institute ("ALI") is not well-known to the general public. But it has had tremendous influence on lawyers, judges, and law students-and on the development of the law in the United States.

Missouri Has "Particular Crisis" with Litigation Climate

January 18, 2017 | With the inauguration last week of Missouri Governor Eric Greitens, and the GOP maintaining its supermajorities in both houses of the Missouri Legislature, tort reformers are excited for the opportunity to "amend a legal system they say is hampering Missouri's business climate," writes the National Law Journal.

ALI: Impartial Expositor of the Law or Lobbying Group?

January 18, 2017 | News and Blog

The American Law Institute ("ALI") is not well-known to the general public. But it has had tremendous influence on lawyers, judges, and law students-and on the development of the law in the United States. Read More »

Missouri Has "Particular Crisis" with Litigation Climate

January 18, 2017 | News and Blog

With the inauguration last week of Missouri Governor Eric Greitens, and the GOP maintaining its supermajorities in both houses of the Missouri Legislature, tort reformers are excited for the opportunity to "amend a legal system they say is hampering Missouri's business climate," writes the National Law Journal. Read More »

In the News Today - January 18, 2017

January 18, 2017 | News and Blog

The U.S. Court of Appeals for the Sixth Circuit "dodged a question that has divided two other circuits: Does a whistleblower need to bring a tip directly to regulators to be protected under the Dodd-Frank Act?" In 2015 the Second Circuit supported broad protections for whistleblowers, but the Fifth Circuit took a narrower view, ruling that whistleblowers must bring information directly to the SEC to be protected from retaliation. Read More »

New Day, New Administration, New Bill to Combat DOJ Settlement Slush Funds

January 18, 2017 | News and Blog

The Department of Justice (DOJ)-the executive department responsible for enforcing the law of our land-has lately become less of a beacon of justice and more of a commission-based operator, thanks to a little-known rule that allows the department to keep up to three percent of its take in fines and penalties. Read More »

U.S. Supreme Court to Rule on Legality of Workplace Arbitration Agreements

January 17, 2017 | News and Blog

The U.S. Supreme Court justices agreed to take up the dispute over whether workplace arbitration agreements violate federal labor laws writes the National Law Journal. Read More »

In the News Today - January 17, 2017

January 17, 2017 | News and Blog

The Missouri Senate Government Reform Committee heard testimony on Senator Ed Emery's collateral source rule change bill (SB 31), which would have parties in injury cases present the actual cost of medical care, instead of its value when calculating the damages owed by a defendant. The committee will vote on SB 31 in an executive session Wednesday. Read More »

Head of DOJ's Criminal Division Stepping Down Today

January 13, 2017 | News and Blog

Leslie Caldwell, head of the Justice Department's criminal division, will leave the DOJ effective today, according to the Wall Street Journal. Read More »

In the News Today - January 13, 2017

January 13, 2017 | News and Blog

Jeff Sessions, the likely next attorney general of the U.S., "said all the right things at his Senate confirmation hearing last week," according to Reuter's Alison Frankel. Read More »

President-Elect Trump's Supreme Court Nominee Coming Soon

January 12, 2017 | News and Blog

President-elect Donald Trump said during a press conference yesterday that he plans to announce a Supreme Court nomination within two weeks of his January 20th inauguration. Read More »

In the News Today - January 12, 2017

January 12, 2017 | News and Blog

In recent years, Texas-based firm Baron & Budd has spent $50,000 "in support of mostly Democratic state attorney general candidates in several states, including Washington." Washington AG Bob Ferguson "received $1,800 in 2012 and $1,000 in 2016" and he has now hired Baron & Budd "on a contingency fee basis." Read More »

ALI: Impartial Expositor of the Law or Lobbying Group?

January 18, 2017 | News and Blog

The American Law Institute ("ALI") is not well-known to the general public. But it has had tremendous influence on lawyers, judges, and law students-and on the development of the law in the United States. Read More »

Missouri Has "Particular Crisis" with Litigation Climate

January 18, 2017 | News and Blog

With the inauguration last week of Missouri Governor Eric Greitens, and the GOP maintaining its supermajorities in both houses of the Missouri Legislature, tort reformers are excited for the opportunity to "amend a legal system they say is hampering Missouri's business climate," writes the National Law Journal. Read More »

In the News Today - January 18, 2017

January 18, 2017 | News and Blog

The U.S. Court of Appeals for the Sixth Circuit "dodged a question that has divided two other circuits: Does a whistleblower need to bring a tip directly to regulators to be protected under the Dodd-Frank Act?" In 2015 the Second Circuit supported broad protections for whistleblowers, but the Fifth Circuit took a narrower view, ruling that whistleblowers must bring information directly to the SEC to be protected from retaliation. Read More »

New Day, New Administration, New Bill to Combat DOJ Settlement Slush Funds

January 18, 2017 | News and Blog

The Department of Justice (DOJ)-the executive department responsible for enforcing the law of our land-has lately become less of a beacon of justice and more of a commission-based operator, thanks to a little-known rule that allows the department to keep up to three percent of its take in fines and penalties. Read More »

U.S. Supreme Court to Rule on Legality of Workplace Arbitration Agreements

January 17, 2017 | News and Blog

The U.S. Supreme Court justices agreed to take up the dispute over whether workplace arbitration agreements violate federal labor laws writes the National Law Journal. Read More »

In the News Today - January 17, 2017

January 17, 2017 | News and Blog

The Missouri Senate Government Reform Committee heard testimony on Senator Ed Emery's collateral source rule change bill (SB 31), which would have parties in injury cases present the actual cost of medical care, instead of its value when calculating the damages owed by a defendant. The committee will vote on SB 31 in an executive session Wednesday. Read More »

Head of DOJ's Criminal Division Stepping Down Today

January 13, 2017 | News and Blog

Leslie Caldwell, head of the Justice Department's criminal division, will leave the DOJ effective today, according to the Wall Street Journal. Read More »

In the News Today - January 13, 2017

January 13, 2017 | News and Blog

Jeff Sessions, the likely next attorney general of the U.S., "said all the right things at his Senate confirmation hearing last week," according to Reuter's Alison Frankel. Read More »

President-Elect Trump's Supreme Court Nominee Coming Soon

January 12, 2017 | News and Blog

President-elect Donald Trump said during a press conference yesterday that he plans to announce a Supreme Court nomination within two weeks of his January 20th inauguration. Read More »

In the News Today - January 12, 2017

January 12, 2017 | News and Blog

In recent years, Texas-based firm Baron & Budd has spent $50,000 "in support of mostly Democratic state attorney general candidates in several states, including Washington." Washington AG Bob Ferguson "received $1,800 in 2012 and $1,000 in 2016" and he has now hired Baron & Budd "on a contingency fee basis." Read More »

Questions During Sessions Confirmation Hearing "Appeared to Be Inspired" By CFPB Battle

January 11, 2017 | News and Blog

During U.S. Senator Jeff Sessions confirmation hearing to be the next U.S. Attorney General, Senator Ben Sasse (R) asked Sessions questions that "appeared to be inspired, at least in part, by a looming battle between the [Consumer Financial Protection] Bureau and President-elect Donald Trump," according to the National Law Journal. 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 »

The ILR Research Review - Winter 2016

December 28, 2016 | Research

This edition of the ILR Research Review offers valuable insights from ILR's latest research on the increasing use of contingency fee counsel by local governments, asbestos "double dipping," trends in trial lawyer drug and device advertising, and the public's views on data privacy liability and legal reform issues. 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 »

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