News & Blog

In the News Today - March 30, 2015

March 30, 2015 | The Wall Street Journal editorial board writes that U.S. Attorney for the Southern District of New York, Preet Bharara, is being sued by financier David Ganek "for destroying his business and depriving him of due process and other constitutional rights." Writing that Bharara isn't the "first ambitious prosecutor to abuse his discretion," the editorial board hopefully notes the case could become "a referendum on Mr. Bharara's methods and ethics in his campaign against alleged insider trading." (Wall Street Journal)

ILR Report Critical of Canadian Class Actions

March 30, 2015 | "The growth of third-party litigation funding is helping to fuel class action lawsuit abuse in Canada, according to Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, which has released a new three-year study of Canadian class action suits," writes Corporate Counsel's Sue Reisinger.

In the News Today - March 30, 2015

March 30, 2015 | Insights

The Wall Street Journal editorial board writes that U.S. Attorney for the Southern District of New York, Preet Bharara, is being sued by financier David Ganek "for destroying his business and depriving him of due process and other constitutional rights." Writing that Bharara isn't the "first ambitious prosecutor to abuse his discretion," the editorial board hopefully notes the case could become "a referendum on Mr. Bharara's methods and ethics in his campaign against alleged insider trading." (Wall Street Journal) Read More »

Tags: Legal Ethics, Class Actions Around the Globe, Class Actions, New York

ILR Report Critical of Canadian Class Actions

March 30, 2015 | Insights

"The growth of third-party litigation funding is helping to fuel class action lawsuit abuse in Canada, according to Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, which has released a new three-year study of Canadian class action suits," writes Corporate Counsel's Sue Reisinger. Read More »

Tags: Class Actions, Class Actions Around the Globe

Lisa A. Rickard: West Virginia Should Be Commended for Improving Its Lawsuit System

March 30, 2015 | Insights

When it comes to West Virginia's lawsuit climate, my organization, the U.S. Chamber Institute for Legal Reform, hasn't been the state's biggest booster - to put it mildly. We have regularly highlighted how lawsuit abuse was hurting the pocketbooks of West Virginians and discouraging job creation and investment in the state. Read More »

Tags: State Legal Reforms, Lawsuit Abuse Impact, West Virginia

In the News Today - March 27, 2015

March 27, 2015 | Insights

New York attorneys general Eliot Spitzer and Eric Schneiderman "sat on potentially exculpatory evidence" in their case against former AIG CEO Hank Greenberg, writes The Wall Street Journal editorial page, calling the long-running lawsuit a "political case to win headlines and should be dismissed as a first step toward reform of the AG's office." (Wall Street Journal) Read More »

Tags: New York

Exposing the Inner Workings of the 'Lucrative' Asbestos Litigation Scheme

March 27, 2015 | Insights

Forbes' Daniel Fisher writes the story of how Garlock Sealing Technologies' bankruptcy proceedings, led by Garlock attorney Garland Cassada, exposed "the inner workings of one of the longest-running and most lucrative schemes in the American litigation business." Read More »

Tags: Asbestos

In the News Today - March 26, 2015

March 26, 2015 | Insights

As U.S. banks prepare their first quarter reports, many are concerned that sharing information about their coffers for potential legal settlements with the government will "paint a target" on their backs, causing regulators to aim for larger settlements than they would otherwise. (Global Legal Post) Read More »

Tags: Asbestos, State Legal Reforms, Georgia, New Mexico, West Virginia

Corporate Counsel Highlights ILR's 'Enforcement Slush Funds' Report

March 25, 2015 | Insights

"Law enforcement is increasingly becoming a for-profit phenomenon," writes Corporate Counsel's Sue Reisinger, in a story about ILR's new report, "Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds." Read More »

The Growing Threat of 'Enforcement Slush Funds'

Author: Andrew J. Pincus | March 25, 2015 | Insights

Federal prosecutors and regulators have extraordinarily broad discretion to decide who to target in enforcement investigations, what to charge them with, and how much to demand as the price for a settlement. Read More »

Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds

Author: ohn 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

In the News Today - March 30, 2015

March 30, 2015 | Insights

The Wall Street Journal editorial board writes that U.S. Attorney for the Southern District of New York, Preet Bharara, is being sued by financier David Ganek "for destroying his business and depriving him of due process and other constitutional rights." Writing that Bharara isn't the "first ambitious prosecutor to abuse his discretion," the editorial board hopefully notes the case could become "a referendum on Mr. Bharara's methods and ethics in his campaign against alleged insider trading." (Wall Street Journal) Read More »

Tags: Legal Ethics, Class Actions Around the Globe, Class Actions, New York

ILR Report Critical of Canadian Class Actions

March 30, 2015 | Insights

"The growth of third-party litigation funding is helping to fuel class action lawsuit abuse in Canada, according to Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, which has released a new three-year study of Canadian class action suits," writes Corporate Counsel's Sue Reisinger. Read More »

Tags: Class Actions, Class Actions Around the Globe

Lisa A. Rickard: West Virginia Should Be Commended for Improving Its Lawsuit System

March 30, 2015 | Insights

When it comes to West Virginia's lawsuit climate, my organization, the U.S. Chamber Institute for Legal Reform, hasn't been the state's biggest booster - to put it mildly. We have regularly highlighted how lawsuit abuse was hurting the pocketbooks of West Virginians and discouraging job creation and investment in the state. Read More »

Tags: State Legal Reforms, Lawsuit Abuse Impact, West Virginia

In the News Today - March 27, 2015

March 27, 2015 | Insights

New York attorneys general Eliot Spitzer and Eric Schneiderman "sat on potentially exculpatory evidence" in their case against former AIG CEO Hank Greenberg, writes The Wall Street Journal editorial page, calling the long-running lawsuit a "political case to win headlines and should be dismissed as a first step toward reform of the AG's office." (Wall Street Journal) Read More »

Tags: New York

Exposing the Inner Workings of the 'Lucrative' Asbestos Litigation Scheme

March 27, 2015 | Insights

Forbes' Daniel Fisher writes the story of how Garlock Sealing Technologies' bankruptcy proceedings, led by Garlock attorney Garland Cassada, exposed "the inner workings of one of the longest-running and most lucrative schemes in the American litigation business." Read More »

Tags: Asbestos

In the News Today - March 26, 2015

March 26, 2015 | Insights

As U.S. banks prepare their first quarter reports, many are concerned that sharing information about their coffers for potential legal settlements with the government will "paint a target" on their backs, causing regulators to aim for larger settlements than they would otherwise. (Global Legal Post) Read More »

Tags: Asbestos, State Legal Reforms, Georgia, New Mexico, West Virginia

Corporate Counsel Highlights ILR's 'Enforcement Slush Funds' Report

March 25, 2015 | Insights

"Law enforcement is increasingly becoming a for-profit phenomenon," writes Corporate Counsel's Sue Reisinger, in a story about ILR's new report, "Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds." Read More »

The Growing Threat of 'Enforcement Slush Funds'

Author: Andrew J. Pincus | March 25, 2015 | Insights

Federal prosecutors and regulators have extraordinarily broad discretion to decide who to target in enforcement investigations, what to charge them with, and how much to demand as the price for a settlement. Read More »

In the News Today - March 24, 2015

March 24, 2015 | Insights

ILR President Lisa Rickard strongly urged Nevada's legislature to pass SB 244-which includes several liability reform, limits on punitive damages and premises liability reform-as well as the other legal reforms. "Doing so will help ensure that taxpayers are not fleeced by out-of-state law firms-while ensuring the Silver State remains a destination for the right kind of treasure seeker." (Institute for Legal Reform) Read More »

Tags: State Legal Reforms, Nevada

ILR-Canadian Chamber Report Spotlights "Rising Tide" of Class Actions in Canada

March 24, 2015 | Insights

The Financial Post reports on a new paper, jointly released by ILR and the Canadian Chamber of Commerce, that finds a significant uptick in the number of class actions being filed in Canada. Read More »

Tags: Class Actions

Legal Reforms Will Keep Nevada's Treasure from Out-of-State Trial Lawyers

March 24, 2015 | Insights

For well over a century, people have come to Nevada to find wealth. From gold to silver to gambling, Nevada has always held the promise of finding life-changing treasure in "The Silver State." Read More »

Tags: State Legal Reforms, Nevada

U.S. Chamber Warns Canadian Class Action Lawsuit System Increasingly Subject to Abuse

March 23, 2015 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), today issued the following statement on the increasingly lax certification standards and growth of third party litigation funders that are making the Canadian class action lawsuit system more vulnerable to abuse. Rickard's comments accompany an ILR research paper, "Painting an Unsettling Landscape, Canadian Class Actions 2011-2014," being released today in Toronto: Read More »

U.S. Chamber Praises WV Legislature's Continued 'Historic' Passage of Legal Reforms, Urges Governor to Sign Bills

March 12, 2015 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about West Virginia's legislature passing SB 411 to combat "double dip" claims against asbestos bankruptcy trusts and in the tort system and SB 421 to protect against run-away jury awards, as well as urging Gov. Earl Ray Tomblin to sign them: Read More »

Tags: West Virginia

U.S. Chamber Comments on Consumer Financial Protection Bureau Arbitration Study

March 10, 2015 | Press Release

David Hirschmann, president and CEO of the U.S. Chamber of Commerce Center for Capital Markets Competitiveness (CCMC), and Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR) issued the following statement today on the Consumer Financial Protection Bureau's (CFPB) study of pre-dispute arbitration clauses: Read More »

Tags: Class Actions, Arbitration

U.S. Chamber Commends West Virginia for Enacting

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

Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds

Author: ohn 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

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

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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