News & Blog

In the News Today - May 1, 2015

May 01, 2015 | A bill is on its way to the desk of Alabama Governor Robert Bentley that The Wall Street Journal is calling "a major trial lawyer defeat." The bill would undo an incredibly harmful Alabama State Supreme Court decision that would hold the developers and manufacturers of brand-name drugs liable for harm caused to people who take generic versions of those drugs. (ILR Blog Post)

ILR Comments on Introduction of Delaware Anti-"Fee Shifting" Legislation

May 01, 2015 | "This proposed fee-shifting bill does little to address the well-documented, longstanding problem of abusive merger-and-acquisition litigation in Delaware," said ILR President Lisa A. Rickard, in response to Delaware's introduction of legislation to bar companies from adopting "fee shifting" bylaws to guard against abusive merger-and-acquisition lawsuits.

In the News Today - May 1, 2015

May 01, 2015 | Insights

A bill is on its way to the desk of Alabama Governor Robert Bentley that The Wall Street Journal is calling "a major trial lawyer defeat." The bill would undo an incredibly harmful Alabama State Supreme Court decision that would hold the developers and manufacturers of brand-name drugs liable for harm caused to people who take generic versions of those drugs. (ILR Blog Post) Read More »

Tags: Class Actions, Alabama

ILR Comments on Introduction of Delaware Anti-"Fee Shifting" Legislation

May 01, 2015 | Insights

"This proposed fee-shifting bill does little to address the well-documented, longstanding problem of abusive merger-and-acquisition litigation in Delaware," said ILR President Lisa A. Rickard, in response to Delaware's introduction of legislation to bar companies from adopting "fee shifting" bylaws to guard against abusive merger-and-acquisition lawsuits. Read More »

Tags: Delaware

Good for Alabama for Passing Bill to Reverse State SC's 'Innovator Liability' Ruling

April 30, 2015 | Insights

A bill is on its way to the desk of Alabama Governor Robert Bentley that The Wall Street Journal is calling "a major trial lawyer defeat." Read More »

Tags: Alabama

In the News Today - April 30, 2015

April 30, 2015 | Insights

The Wall Street Journal reports that "Wall Street banks are embroiled in an intense dispute with the U.S. government over its ‘aggressive' interpretation of foreign-bribery laws, a flurry of legal wrangling in a probe with broad implications for how corporations do business overseas." (Wall Street Journal) Read More »

Tags: Asbestos, Class Actions, Lawsuit Abuse Impact, Legal Ethics, Illinois

Debate Continues Over Madison County, IL's 'High Litigation Rates'

April 30, 2015 | Insights

"Is Madison County court a litigation nightmare?" asks an Alton Telegraph story, which points to a new Illinois Civil Justice League (ICJL) study that shows the high per-capita rate of lawsuits filed in the county. Read More »

Tags: Lawsuit Abuse Impact, Class Actions, Asbestos, Illinois

In the News Today - April 29, 2015

April 29, 2015 | Insights

In the wake of recalls by General Motors Co. and Takata Corp., the U.S. Senate has approved a piece of auto safety legislation that incentivizes industry whistleblowers-by way of potential rewards in the tens of millions-to reveal alleged safety concerns. (Detroit News) Read More »

Silver Maintains Innocence on New Charges and Welcomes Trial

April 29, 2015 | Insights

Former New York State Assembly Speaker Sheldon Silver pleaded not guilty to additional public corruption charges on Tuesday and said he welcomed a trial. Read More »

Tags: New York

In the News Today - April 28, 2015

April 28, 2015 | Insights

Andy Pincus of Mayer Brown wrote yesterday on the legal issues surrounding the Supreme Court's potentially precedential review Spokeo, Inc. v. Robins, a case he will argue before the high court on behalf of Spokeo. The case may decide whether a plaintiff must allege that he or she has suffered an actual harm or injury in order establish standing to sue in federal court. (Mayer Brown) Read More »

FDA's Generic Drug Proposal Should Have Consumers Feeling Ill

April 28, 2015 | Insights

Just like a bad cold that you can't quite kick, the FDA's proposal to abandon its requirement for generic drugs to carry the same warning labels as their brand-name counterparts is back. And, it should have you feeling ill. Read More »

Tags: Preemption/ Federalism

In the News Today - April 27, 2015

April 27, 2015 | Insights

A federal judge last week denied an attempt by Wisconsin Supreme Court Chief Justice Shirley Abrahamson to block a constitutional amendment that allows the members of the court select the chief justice, rather than having the seat based on seniority. Abrahamson is expected to lose her chief justice seat when the the court selects the new chief justice in the coming weeks. (Associated Press) Read More »

Tags: Wisconsin

In the News Today - May 1, 2015

May 01, 2015 | Insights

A bill is on its way to the desk of Alabama Governor Robert Bentley that The Wall Street Journal is calling "a major trial lawyer defeat." The bill would undo an incredibly harmful Alabama State Supreme Court decision that would hold the developers and manufacturers of brand-name drugs liable for harm caused to people who take generic versions of those drugs. (ILR Blog Post) Read More »

Tags: Class Actions, Alabama

ILR Comments on Introduction of Delaware Anti-"Fee Shifting" Legislation

May 01, 2015 | Insights

"This proposed fee-shifting bill does little to address the well-documented, longstanding problem of abusive merger-and-acquisition litigation in Delaware," said ILR President Lisa A. Rickard, in response to Delaware's introduction of legislation to bar companies from adopting "fee shifting" bylaws to guard against abusive merger-and-acquisition lawsuits. Read More »

Tags: Delaware

Good for Alabama for Passing Bill to Reverse State SC's 'Innovator Liability' Ruling

April 30, 2015 | Insights

A bill is on its way to the desk of Alabama Governor Robert Bentley that The Wall Street Journal is calling "a major trial lawyer defeat." Read More »

Tags: Alabama

In the News Today - April 30, 2015

April 30, 2015 | Insights

The Wall Street Journal reports that "Wall Street banks are embroiled in an intense dispute with the U.S. government over its ‘aggressive' interpretation of foreign-bribery laws, a flurry of legal wrangling in a probe with broad implications for how corporations do business overseas." (Wall Street Journal) Read More »

Tags: Asbestos, Class Actions, Lawsuit Abuse Impact, Legal Ethics, Illinois

Debate Continues Over Madison County, IL's 'High Litigation Rates'

April 30, 2015 | Insights

"Is Madison County court a litigation nightmare?" asks an Alton Telegraph story, which points to a new Illinois Civil Justice League (ICJL) study that shows the high per-capita rate of lawsuits filed in the county. Read More »

Tags: Lawsuit Abuse Impact, Class Actions, Asbestos, Illinois

In the News Today - April 29, 2015

April 29, 2015 | Insights

In the wake of recalls by General Motors Co. and Takata Corp., the U.S. Senate has approved a piece of auto safety legislation that incentivizes industry whistleblowers-by way of potential rewards in the tens of millions-to reveal alleged safety concerns. (Detroit News) Read More »

Silver Maintains Innocence on New Charges and Welcomes Trial

April 29, 2015 | Insights

Former New York State Assembly Speaker Sheldon Silver pleaded not guilty to additional public corruption charges on Tuesday and said he welcomed a trial. Read More »

Tags: New York

In the News Today - April 28, 2015

April 28, 2015 | Insights

Andy Pincus of Mayer Brown wrote yesterday on the legal issues surrounding the Supreme Court's potentially precedential review Spokeo, Inc. v. Robins, a case he will argue before the high court on behalf of Spokeo. The case may decide whether a plaintiff must allege that he or she has suffered an actual harm or injury in order establish standing to sue in federal court. (Mayer Brown) Read More »

FDA's Generic Drug Proposal Should Have Consumers Feeling Ill

April 28, 2015 | Insights

Just like a bad cold that you can't quite kick, the FDA's proposal to abandon its requirement for generic drugs to carry the same warning labels as their brand-name counterparts is back. And, it should have you feeling ill. Read More »

Tags: Preemption/ Federalism

In the News Today - April 27, 2015

April 27, 2015 | Insights

A federal judge last week denied an attempt by Wisconsin Supreme Court Chief Justice Shirley Abrahamson to block a constitutional amendment that allows the members of the court select the chief justice, rather than having the seat based on seniority. Abrahamson is expected to lose her chief justice seat when the the court selects the new chief justice in the coming weeks. (Associated Press) Read More »

Tags: Wisconsin

American Energy Companies Latest Victims of TCPA Lawsuit Abuse

April 27, 2015 | Insights

Specious litigation abusing the TCPA is having a chilling effect on companies seeking to communicate with their own customers. Read More »

Tags: Telephone Consumer Protection Act (TCPA)

U.S. Chamber Applauds Enactment of Arkansas Law to Rein in Lawsuit Lending Abuses

April 03, 2015 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today applauding Governor Asa Hutchinson for signing into law a bill to rein in lawsuit lending abuses (SB 882). Read More »

Tags: Arkansas

U.S. Chamber Applauds Signing of Utah Outside Counsel Sunshine Law

March 31, 2015 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today applauding Governor Gary Herbert for signing the Attorney General Contingent Fee Contracts (S. B. 233) bill into law. Read More »

Tags: Utah

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

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

Author: John 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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