News & Blog

Paper On Government's Coercive 'Litigation Swarm' Tactics Featured in Corporate Counsel

October 23, 2014 | Corporate Counsel today featured a paper by Andy Pincus of Mayer Brown LLP detailing the "coercive power" exercised by government enforcement agencies "to impose expanded regulations with massive fines that end up harming consumers, investors and employers."

In The News Today - October 23, 2014

October 23, 2014 | On a panel at the 15th Annual Legal Reform Summit held by the U.S. Chamber Institute for Legal Reform, Allison Land, partner at Skadden Arps, commented on the emergence of fee-shifting for securities class action lawsuits, particularly in Delaware.

Paper On Government's Coercive 'Litigation Swarm' Tactics Featured in Corporate Counsel

October 23, 2014 | Insights

Corporate Counsel today featured a paper by Andy Pincus of Mayer Brown LLP detailing the "coercive power" exercised by government enforcement agencies "to impose expanded regulations with massive fines that end up harming consumers, investors and employers." Read More »

Tags: Legal Ethics

In The News Today - October 23, 2014

October 23, 2014 | Insights

On a panel at the 15th Annual Legal Reform Summit held by the U.S. Chamber Institute for Legal Reform, Allison Land, partner at Skadden Arps, commented on the emergence of fee-shifting for securities class action lawsuits, particularly in Delaware. Read More »

Tags: Class Actions, Securities Litigation Reform, Delaware

15th Annual Legal Reform Summit Features Panel Experts, Keynote Gov. Christie

October 22, 2014 | Insights

The U.S. Chamber of Commerce's 15th Annual Legal Reform Summit, which commenced yesterday in Washington, DC, featured a full day of panels discussing the pressing legal issues of the past year, and was highlighted by a keynote address from Gov. Chris Christie (NJ). Read More »

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

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 »

Lawyers for Civil Justice Receives ILR's Outstanding Alliance Award

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

Read More »

U.S. Chamber Legal Reform Summit Highlights Explosion of Duplicative Enforcement, Calls for a Return to Principles of Justice

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

New Research Examines Litigation Quagmire Facing Employers Due to 'Swarm' Enforcement Read More »

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

Paper On Government's Coercive 'Litigation Swarm' Tactics Featured in Corporate Counsel

October 23, 2014 | Insights

Corporate Counsel today featured a paper by Andy Pincus of Mayer Brown LLP detailing the "coercive power" exercised by government enforcement agencies "to impose expanded regulations with massive fines that end up harming consumers, investors and employers." Read More »

Tags: Legal Ethics

In The News Today - October 23, 2014

October 23, 2014 | Insights

On a panel at the 15th Annual Legal Reform Summit held by the U.S. Chamber Institute for Legal Reform, Allison Land, partner at Skadden Arps, commented on the emergence of fee-shifting for securities class action lawsuits, particularly in Delaware. Read More »

Tags: Class Actions, Securities Litigation Reform, Delaware

15th Annual Legal Reform Summit Features Panel Experts, Keynote Gov. Christie

October 22, 2014 | Insights

The U.S. Chamber of Commerce's 15th Annual Legal Reform Summit, which commenced yesterday in Washington, DC, featured a full day of panels discussing the pressing legal issues of the past year, and was highlighted by a keynote address from Gov. Chris Christie (NJ). Read More »

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

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 »

Lawyers for Civil Justice Receives ILR's Outstanding Alliance Award

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

Read More »

U.S. Chamber Legal Reform Summit Highlights Explosion of Duplicative Enforcement, Calls for a Return to Principles of Justice

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

New Research Examines Litigation Quagmire Facing Employers Due to 'Swarm' Enforcement Read More »

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

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 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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