News & Blog

Oklahoma Unclaimed Property Bills Seek Balance

March 06, 2015 | We've written often about states hiring aggressive auditors on a contingency fee basis to dredge up purportedly unclaimed property, and released a 2014 paper recommending best practices for state administrators in hiring such firms. Unfortunately, the profit motive of these firms often creates a built-in incentive to aggressively interpret and exceed the boundaries of unclaimed property laws.

In The News Today - March 6, 2015

March 06, 2015 | "It's all about bringing transparency," said ILR Executive Vice President Harold Kim, commenting on Arizona House Bill 2603. The bill requires plaintiffs' attorneys to disclose whether they have already or plan to seek damages from bankruptcy trusts established by asbestos-related companies.

Oklahoma Unclaimed Property Bills Seek Balance

March 06, 2015 | Insights

We've written often about states hiring aggressive auditors on a contingency fee basis to dredge up purportedly unclaimed property, and released a 2014 paper recommending best practices for state administrators in hiring such firms. Unfortunately, the profit motive of these firms often creates a built-in incentive to aggressively interpret and exceed the boundaries of unclaimed property laws. Read More »

Tags: State Legal Reforms, Oklahoma

In The News Today - March 6, 2015

March 06, 2015 | Insights

"It's all about bringing transparency," said ILR Executive Vice President Harold Kim, commenting on Arizona House Bill 2603. The bill requires plaintiffs' attorneys to disclose whether they have already or plan to seek damages from bankruptcy trusts established by asbestos-related companies. Read More »

Tags: Asbestos, Class Actions, State Legal Reforms, Arizona, Oregon, South Carolina

ILR Commends West Virginia for Enacting 'Historic' Legal Reform Law

March 06, 2015 | Insights

"We commend West Virginia for taking this historic step towards a brighter economic future for its citizens. This law will promote legal fairness by properly allocating fault to all parties involved in a lawsuit." Read More »

Tags: State Legal Reforms, West Virginia

U.S. Chamber Commends West Virginia for Enacting "Historic" Legal Reform Law

March 05, 2015 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about West Virginia Gov. Earl Ray Tomblin today signing House Bill 2002 into law to reform the state's joint and several liability laws. Read More »

Tags: State Legal Reforms, West Virginia

In The News Today - March 5, 2015

March 05, 2015 | Insights

Oregon Governor Kate Brown on Wednesday signed her first-ever bill in her short tenure as governor - a "controversial" bill (House Bill 2700) that redirects "unclaimed class action damage awards to the state's legal fund." (The Oregonian) Read More »

Tags: Class Actions, California, Oregon

Attorneys: Unclear TCPA regulations lead to windfall for class action plaintiffs' counsel

March 05, 2015 | Insights

Christopher M. Cascino and Jennifer A. Riley, both of Seyfarth Shaw LLP, write in Lexology of the severe penalties and windfall awards currently being handed out in Telephone Consumer Protection Act litigation. Read More »

Tags: Telephone Consumer Protection Act (TCPA) , Class Actions

In The News Today - March 4, 2015

March 04, 2015 | Insights

"Recent reports in the New York media paint the New York City Asbestos Litigation court and its former chief judge as essentially dirty," reports Legal Newsline," giving special treatment to a certain plaintiffs law firm and paving the way for hefty paydays." (Legal Newsline) Read More »

Tags: State Attorneys General, Class Actions, Asbestos, New York, Mississippi

Morgan Stanley Enters Settlement Talks with NY AG

March 04, 2015 | Insights

Reuters reports that Morgan Stanley has entered settlement talks with New York Attorney General Eric Schneiderman over its handling of subprime mortgage deals in the lead up to the 2008 financial crisis. Read More »

Tags: State Attorneys General, New York

In The News Today - March 3, 2015

March 03, 2015 | Insights

After agreeing to a $2.6 billion settlement with the federal government just last week, Morgan Stanley says it now expects to be sued by New York Attorney General Eric Schneiderman over subprime mortgage bonds. (Boston Herald) Read More »

Tags: Class Actions, Telephone Consumer Protection Act (TCPA) , Georgia, Louisiana, New York

Retired NY Supreme Court Justice Replaced Amid Federal 'Silver Scandal' Probe

March 03, 2015 | Insights

Retired Manhattan Supreme Court Justice Sherry Klein Heitler is being succeeded by Justice Peter H. Moulton as federal prosecutors continue their probe into whether her court gave "red-carpet treatment" to civil-asbestos related cases connected to former Assembly Sheldon Silver's federal corruption case. Read More »

Tags: Class Actions, Asbestos, New York

"Hired Activist" Sharon Stone Provides Latest Embarrassment for Backers of Anti-Chevron Litigation

March 03, 2015 | Insights

It's been an embarrassing year for those behind Ecuador's decades-long legal and PR battle against Chevron. Read More »

Tags: Class Actions Around the Globe, Foreign Judgment Enforcement, Legal Ethics

Oklahoma Unclaimed Property Bills Seek Balance

March 06, 2015 | Insights

We've written often about states hiring aggressive auditors on a contingency fee basis to dredge up purportedly unclaimed property, and released a 2014 paper recommending best practices for state administrators in hiring such firms. Unfortunately, the profit motive of these firms often creates a built-in incentive to aggressively interpret and exceed the boundaries of unclaimed property laws. Read More »

Tags: State Legal Reforms, Oklahoma

In The News Today - March 6, 2015

March 06, 2015 | Insights

"It's all about bringing transparency," said ILR Executive Vice President Harold Kim, commenting on Arizona House Bill 2603. The bill requires plaintiffs' attorneys to disclose whether they have already or plan to seek damages from bankruptcy trusts established by asbestos-related companies. Read More »

Tags: Asbestos, Class Actions, State Legal Reforms, Arizona, Oregon, South Carolina

ILR Commends West Virginia for Enacting 'Historic' Legal Reform Law

March 06, 2015 | Insights

"We commend West Virginia for taking this historic step towards a brighter economic future for its citizens. This law will promote legal fairness by properly allocating fault to all parties involved in a lawsuit." Read More »

Tags: State Legal Reforms, West Virginia

In The News Today - March 5, 2015

March 05, 2015 | Insights

Oregon Governor Kate Brown on Wednesday signed her first-ever bill in her short tenure as governor - a "controversial" bill (House Bill 2700) that redirects "unclaimed class action damage awards to the state's legal fund." (The Oregonian) Read More »

Tags: Class Actions, California, Oregon

Attorneys: Unclear TCPA regulations lead to windfall for class action plaintiffs' counsel

March 05, 2015 | Insights

Christopher M. Cascino and Jennifer A. Riley, both of Seyfarth Shaw LLP, write in Lexology of the severe penalties and windfall awards currently being handed out in Telephone Consumer Protection Act litigation. Read More »

Tags: Telephone Consumer Protection Act (TCPA) , Class Actions

In The News Today - March 4, 2015

March 04, 2015 | Insights

"Recent reports in the New York media paint the New York City Asbestos Litigation court and its former chief judge as essentially dirty," reports Legal Newsline," giving special treatment to a certain plaintiffs law firm and paving the way for hefty paydays." (Legal Newsline) Read More »

Tags: State Attorneys General, Class Actions, Asbestos, New York, Mississippi

Morgan Stanley Enters Settlement Talks with NY AG

March 04, 2015 | Insights

Reuters reports that Morgan Stanley has entered settlement talks with New York Attorney General Eric Schneiderman over its handling of subprime mortgage deals in the lead up to the 2008 financial crisis. Read More »

Tags: State Attorneys General, New York

In The News Today - March 3, 2015

March 03, 2015 | Insights

After agreeing to a $2.6 billion settlement with the federal government just last week, Morgan Stanley says it now expects to be sued by New York Attorney General Eric Schneiderman over subprime mortgage bonds. (Boston Herald) Read More »

Tags: Class Actions, Telephone Consumer Protection Act (TCPA) , Georgia, Louisiana, New York

Retired NY Supreme Court Justice Replaced Amid Federal 'Silver Scandal' Probe

March 03, 2015 | Insights

Retired Manhattan Supreme Court Justice Sherry Klein Heitler is being succeeded by Justice Peter H. Moulton as federal prosecutors continue their probe into whether her court gave "red-carpet treatment" to civil-asbestos related cases connected to former Assembly Sheldon Silver's federal corruption case. Read More »

Tags: Class Actions, Asbestos, New York

"Hired Activist" Sharon Stone Provides Latest Embarrassment for Backers of Anti-Chevron Litigation

March 03, 2015 | Insights

It's been an embarrassing year for those behind Ecuador's decades-long legal and PR battle against Chevron. Read More »

Tags: Class Actions Around the Globe, Foreign Judgment Enforcement, Legal Ethics

In The News Today - March 2, 2015

March 02, 2015 | Insights

Citing investigations in the U.S. by the Department of Justice, Credit Suisse Group AG announced that it was reducing its fourth quarter profit by 25%. Read More »

Tags: Class Actions, Louisiana, Pennsylvania

U.S. Chamber Commends West Virginia for Enacting "Historic" Legal Reform Law

March 05, 2015 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about West Virginia Gov. Earl Ray Tomblin today signing House Bill 2002 into law to reform the state's joint and several liability laws. Read More »

Tags: State Legal Reforms, West Virginia

U.S. Chamber Applauds West Virginia Legislature's Passage of Landmark Legal Reform, Urges Governor to Sign

February 25, 2015 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about West Virginia's legislature passing a landmark bill to reform the state's joint and several liability laws, and urging Gov. Earl Ray Tomblin to sign House Bill 2002 into law: Read More »

Tags: State Legal Reforms, West Virginia

U.S. Chamber Commends House Judiciary Committee Hearing on Asbestos Trust Transparency Legislation

February 04, 2015 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement regarding today's hearing on the "Furthering Asbestos Claim Transparency (FACT) Act of 2015" (H.R. 526) in the U.S. House Judiciary Committee. The legislation would require asbestos personal injury settlement trusts, which currently operate with little oversight and transparency, to report on their claims. Read More »

Tags: Asbestos

U.S. Chamber Comments on Asbestos Litigation Abuses in Wake of New York Assembly Speaker Indictment

January 22, 2015 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, issued the following statement today in the wake of the indictment of the New York Assembly Speaker. Read More »

Tags: Legal Ethics, Asbestos, New York

U.S. Chamber Releases Most Ridiculous Lawsuits of 2014

December 22, 2014 | Press Release

A plaintiff in a pending disability lawsuit being caught on video knocking over a large, historic boulder tops our survey of the Top Ten Most Ridiculous Lawsuits of 2014. Read More »

Tags: Lawsuit Abuse Impact

U.S. Chamber Research Shows Surge of Telemarketing Lawsuits, Outlier State Supreme Court Rulings Top Legal Trends

December 05, 2014 | Press Release

New Research Examines Leading Lawsuit Trends, State Supreme Court Decisions Read More »

U.S. Chamber Applauds CSX RICO Case Victory Over Fraud and Abuse in Asbestos Litigation

Author: Justin Hakes | November 07, 2014 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the settlement of a RICO lawsuit against several asbestos attorneys and a radiologist by CSX Transportation for fabricating and litigating fraudulent asbestos claims against the company. Read More »

Tags: Asbestos, Legal Ethics

Wisconsin Legislators Receive ILR's State Legislative Achievement Award

Author: Justin Hakes | October 21, 2014 | Press Release

Read More »

Mayer Brown's Pincus Receives ILR's Research & Policy Award

Author: Justin Hakes | October 21, 2014 | Press Release

Read More »

The ILR Research Review

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: Class Actions Around the Globe, False Claims Act, Foreign Corrupt Practices Act, Foreign Judgment Enforcement, Lawsuit Abuse Impact, State Attorneys General, State Legal Reforms

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, 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

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 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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