News & Blog

Entire Judiciary Recused From Case For "Egregious" and "Reprehensible" Complicity in DOJ Misconduct

October 20, 2014 | The New York Observer reports that Chief Judge Morrison C. England Jr. of the Eastern District of California has ordered the recusal of every federal judge in the district in light of new evidence of misconduct by federal prosecutors and investigators in what was dubbed the "Moonlight Fire" case, a multi-million dollar government suit against Sierra Pacific claiming the lumber company was responsible for a 2007 California wildfire.

In The News Today - October 20, 2014

October 20, 2014 | At the upcoming 15th Annual Legal Reform Summit, the U.S. Chamber Institute for Legal Reform will release a paper which outlines the legal and policy issues surrounding FIRREA.

Unprincipled Prosecution: Abuse of Power and Profiteering in the New

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

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

Entire Judiciary Recused From Case For "Egregious" and "Reprehensible" Complicity in DOJ Misconduct

October 20, 2014 | Insights

The New York Observer reports that Chief Judge Morrison C. England Jr. of the Eastern District of California has ordered the recusal of every federal judge in the district in light of new evidence of misconduct by federal prosecutors and investigators in what was dubbed the "Moonlight Fire" case, a multi-million dollar government suit against Sierra Pacific claiming the lumber company was responsible for a 2007 California wildfire. Read More »

Tags: Legal Ethics

In The News Today - October 20, 2014

October 20, 2014 | Insights

At the upcoming 15th Annual Legal Reform Summit, the U.S. Chamber Institute for Legal Reform will release a paper which outlines the legal and policy issues surrounding FIRREA. Read More »

The FIRREA Finale: Bringing Back an Old Law to Treat New Ailments

Author: Matt Webb | October 17, 2014 | Insights

FIRREA spent two decades at the back of the medicine cabinet. It is now on the countertop with its lid off, and is being used regularly and aggressively by DOJ. Read More »

Judge Orders All Documents Unsealed in Garlock Bankruptcy

October 17, 2014 | Insights

National Law Journal reports that a federal judge has ruled on Thursday that "all of the evidence that led him to find misrepresentations by plaintiffs" in the Garlock Sealing Technologies asbestos-related bankruptcy case must be unsealed. Read More »

Tags: Discovery, Class Actions, Asbestos

In The News Today - October 17, 2014

October 17, 2014 | Insights

A woman, her husband and her brother have been convicted on dozens of charges in federal court "in a family-run scheme to defraud a fund established to help victims of the 2010 Gulf oil spill of more than $3 million." Read More »

Tags: Legal Ethics, Alabama

ILR Role in Lawsuit Lending Reform Noted in Story Highlighting TN Victory

October 16, 2014 | Insights

In a story highlighting awards given to two Tennessee state legislators for their role in passing a lawsuit lending reform bill in their state, the Insurance Journal highlights the U.S. Chamber Institute for Legal Reform's role in the national effort to regulate these lenders. Read More »

Tags: Lawsuit Lending, Tennessee

In The News Today - October 16, 2014

October 16, 2014 | Insights

General Motors has been hit with a new, $10 million class action "on behalf of 30 million consumers" over its ignition-switch recalls. Read More »

Tags: Class Actions

Entire Judiciary Recused From Case For "Egregious" and "Reprehensible" Complicity in DOJ Misconduct

October 20, 2014 | Insights

The New York Observer reports that Chief Judge Morrison C. England Jr. of the Eastern District of California has ordered the recusal of every federal judge in the district in light of new evidence of misconduct by federal prosecutors and investigators in what was dubbed the "Moonlight Fire" case, a multi-million dollar government suit against Sierra Pacific claiming the lumber company was responsible for a 2007 California wildfire. Read More »

Tags: Legal Ethics

In The News Today - October 20, 2014

October 20, 2014 | Insights

At the upcoming 15th Annual Legal Reform Summit, the U.S. Chamber Institute for Legal Reform will release a paper which outlines the legal and policy issues surrounding FIRREA. Read More »

The FIRREA Finale: Bringing Back an Old Law to Treat New Ailments

Author: Matt Webb | October 17, 2014 | Insights

FIRREA spent two decades at the back of the medicine cabinet. It is now on the countertop with its lid off, and is being used regularly and aggressively by DOJ. Read More »

Judge Orders All Documents Unsealed in Garlock Bankruptcy

October 17, 2014 | Insights

National Law Journal reports that a federal judge has ruled on Thursday that "all of the evidence that led him to find misrepresentations by plaintiffs" in the Garlock Sealing Technologies asbestos-related bankruptcy case must be unsealed. Read More »

Tags: Discovery, Class Actions, Asbestos

In The News Today - October 17, 2014

October 17, 2014 | Insights

A woman, her husband and her brother have been convicted on dozens of charges in federal court "in a family-run scheme to defraud a fund established to help victims of the 2010 Gulf oil spill of more than $3 million." Read More »

Tags: Legal Ethics, Alabama

ILR Role in Lawsuit Lending Reform Noted in Story Highlighting TN Victory

October 16, 2014 | Insights

In a story highlighting awards given to two Tennessee state legislators for their role in passing a lawsuit lending reform bill in their state, the Insurance Journal highlights the U.S. Chamber Institute for Legal Reform's role in the national effort to regulate these lenders. Read More »

Tags: Lawsuit Lending, Tennessee

In The News Today - October 16, 2014

October 16, 2014 | Insights

General Motors has been hit with a new, $10 million class action "on behalf of 30 million consumers" over its ignition-switch recalls. Read More »

Tags: Class Actions

An Uptick in Foreign Judgment Enforcement Cases?

October 15, 2014 | Insights

In a piece titled, "Recognition Comes Before Enforcement With Foreign Judgments," Legal Intelligencer's Paige H. Forster writes that the U.S. Chamber Institute for Legal Reform has noted an increase in attempts by plaintiffs "to enforce a judgment rendered outside the United States." Read More »

Tags: Delaware, Pennsylvania

In The News Today - October 15, 2014

October 15, 2014 | Insights

Due to its record-setting $16.65 billion mortgage settlement with the U.S. government in August, Bank of America Corp. Wednesday reported a quarterly loss of $70 million, or 1 percent per share for common shareholders. Read More »

Tags: Class Actions

The High Cost of Lawsuit Abuse

October 14, 2014 | Insights

The United States has the world's costliest legal system. What's driving up the costs? Read More »

Tags: Lawsuit Abuse Impact

In The News Today - October 14, 2014

October 14, 2014 | Insights

The National Law Journal highlights Legal Newsline's objections "to motions by plaintiffs-who claim that exposure to Garlock Sealing Technologies LLC's products caused their asbestos-related illnesses-to seal information about their settlements in the manufacturer's pending bankruptcy." Read More »

Tags: Legal Ethics, Asbestos

U.S. Chamber: Missouri Supreme Court Punitive Damages Ruling "Outside the Mainstream"

Author: Justin Hakes | September 15, 2014 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following comment about last week's Missouri Supreme Court ruling striking down the state's cap on punitive damages Read More »

Tags: Missouri

U.S. Chamber Denounces Alabama Supreme Court Prescription Drug Ruling

August 18, 2014 | Press Release

Harold Kim, executive vice president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the Alabama Supreme Court's Friday ruling holding drug makers liable for products that they did not manufacture allegedly causing injuries. Read More »

Tags: Alabama

New U.S. Chamber Reports Highlight Growing Danger of Lawsuit Abuse in Latin America

August 05, 2014 | Press Release

Changes to Civil Justice Systems Threaten Balance in Rule of Law, Economic Growth Read More »

U.S. Chamber: Congressional Reform of False Claims Act Enforcement Needed

July 30, 2014 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today urging Congress to reform aspects of the False Claims Act (FCA): Read More »

Tags: False Claims Act

U.S. Chamber Applauds Signing of Louisiana Law to Curb 'Legacy Lawsuit' Abuses

June 03, 2014 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued a statement today regarding Louisiana Gov. Bobby Jindal's signing of Senate Bill 667 to curb "legacy lawsuit" abuses against the oil and gas industry. Read More »

U.S. Chamber Commends Senate Introduction of Asbestos Trust Transparency Legislation

Author: Justin Hakes | May 13, 2014 | Press Release

WASHINGTON, D.C.-Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement regarding the introduction of the "Furthering Asbestos Claim Transparency (FACT) Act of 2014" (S. 2319) yesterday in the U.S. Senate. Read More »

Tags: Asbestos

U.S. Chamber: FL Supreme Court Medical Malpractice Ruling Will Make State's Lawsuit Climate Even Worse

March 13, 2014 | Press Release

Harold Kim, executive vice president of the U.S. Chamber Institute for Legal Reform (ILR) issued the following statement today on the Florida State Supreme Court's decision in the case of Estate of Michelle Evette McCall v. United States of America concerning the constitutionality of Florida's medical malpractice law. Read More »

Tags: Medical Liability, Florida

U.S. Chamber Study: Investors Incur Significant Losses Due to Securities Class Actions

Author: Justin Hakes | February 28, 2014 | Press Release

Securities class action lawsuits cost investors nearly $39 billion per year, while recovering only $5 billion, according to a study released today by Navigant Consulting on behalf of the U.S. Chamber Institute for Legal Reform (ILR). The mere filing of a lawsuit erases 4.4% of shareholder value. Read More »

Tags: Securities Litigation Reform, Class Actions

New U.S. Chamber Research Shows Costs of Securities Class Action Lawsuits Outweigh Benefits to Investors

February 05, 2014 | Press Release

ILR released a new white paper which demonstrates the "irrationality and ineffectiveness" of securities class actions, and concludes that the costs that they impose on investors outweigh any benefits. Read More »

Tags: Securities Litigation Reform

U.S. Chamber Comments on Landmark U.S. Supreme Court Securities Class Actions Challenge

January 30, 2014 | Press Release

Statement by ILR President Lisa A. Rickard on the Halliburton v. Erica P. John Fund U.S. Supreme Court case in response to Wednesday's filing of the respondent's brief. Read More »

Tags: Securities Litigation Reform, Class Actions

Unprincipled Prosecution: Abuse of Power and Profiteering in the New

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

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

An Oversight Regime for Litigation Funding in Australia

September 02, 2014 | Research

This paper discusses the issues associated with third party litigation financing (TPLF) and explains why Commonwealth oversight of the industry is required. It proposes that a licencing regime applicable to TPLF funders ("litigation funders") be introduced to ensure adequate regulation of the industry. Read More »

Tags: Third Party Litigation Funding

Following Each Other's Lead: Law Reform in Latin America

August 05, 2014 | Research

Legal systems are dynamic, continually evolving, and adapting to the changing norms of society. These adaptations can be found in all areas of law, all over the world. Revisions to the law often follow regional trends. This is certainly true in Latin America. Read More »

Class Action Evolution: Improving the Litigation Climate in Brazil

Author: Fernando Dantas M. Neustein, Mattos Muriel Kestener | August 05, 2014 | Research

This paper explores the current state of class actions in Brazil and discusses proposed legislative changes before the Brazilian Senate. Read More »

Tags: International Judiciary Impact, Class Actions Around the Globe

The ILR Research Review

Author: Institute for Legal Reform | July 08, 2014 | Research

ILR is pleased to announce the release of the inaugural issue of the ILR Research Review, which offers valuable insights from our preeminent experts and specialists on key topics addressed in the latest of our innovative advocacy and economic papers. Read More »

Tags: Securities Litigation Reform, Class Actions Around the Globe, Class Actions

Ripe for Reform: Improving the Australian Class Action Regime

Author: Moira Saville and Peta Stevenson, King & Wood Mallesons | May 13, 2014 | Research

Authored by Moira Saville and Peta Stevenson of King & Wood Mallesons, this paper explores the Australian federal class action regime model. Read More »

Tags: Third Party Litigation Funding, International Judiciary Impact, Class Actions Around the Globe

As Kiobel Turns One, Its Effect Remains Unclear

May 02, 2014 | Research

Authored by John Bellinger, III and Reeves Anderson of Arnold Porter LLP, this paper takes a look back at the impact of the U.S. Supreme Court's April 27, 2013 Kiobel v. Royal Dutch Petroleum decision. Read More »

Tags: Foreign Judgment Enforcement

The Past, Present, and Future of Securities Class Actions

March 10, 2014 | Video

The Honorable Troy A. Paredes, Former Commissioner, U.S. Securities and Exchange Commission Introduced by: David Hirschmann, President, Center for Capital Markets Competitiveness Watch »

Opening Remarks of the 14th Annual Legal Reform Summit

October 24, 2013 | Video

Lisa A. Rickard, President, U.S. Chamber Institute for Legal Reform, delivers the opening remarks at the 14th Annual Legal Reform Summit. Watch »

A Hard Pill to Swallow: Privacy in the Digital Age

October 24, 2013 | Video

At the 14th Annual Legal Reform Summit, this cutting edge panel addressed the importance of cybersecurity to government and businesses. The panel also offered a perspective from the Federal Trade Commission on the rise in data privacy-related suits and areas of liability for companies. Watch »

The Litigation Pandemic: The Rapid Spread of US-Style Litigation Around the Globe

October 24, 2013 | Video

At the 14th Annual Legal Reform Summit, this panel explored how class actions and other aspects of US-style litigation are taking hold in countries around the world, and to what effect. Watch »

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

Curing What Ails the False Claims Act: Promoting Compliance and Taxpayer Savings

October 24, 2013 | Video

At the 14th Annual Legal Reform Summit, this panel addressed trends and problems in False Claims Act (FCA) litigation, both on the federal and state level. It included a conversation about proposed federal FCA reforms. Watch »

Tags: False Claims Act

2013 Legal Reform Awards

October 24, 2013 | Video

At the 14th Annual Legal Reform Summit, Institute for Legal Reform President Lisa A. Rickard presented the 2013 Legal Reform Awards. Watch »

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