News & Blog

American Law Institute Under Fire for 'Driving an Agenda'

May 26, 2016 | "What's going on there (at ALI) needs to be exposed and then rolled back," said longtime journalist and lawyer Stuart Taylor, Jr. about what some feel is a shift from the American Law Institute's mission to simply "restate" the law into an effort to "reshape" the law.

In the News Today - May 26, 2016

May 26, 2016 | Work of "Enforcement Maze" Speaker Highlighted: Illinois Business Daily reports on Southern Illinois University Law Professor Lucian Dervan's presentation at today's ILR/National Association of Criminal Defense Lawyers event, The Enforcement Maze: Over-Criminalizing American Enterprise.

New Reports Highlight Problem of Over-Criminalization, Negative Impact of DOJ Yates Memo

May 26, 2016 | Press Release

WASHINGTON, D.C.-The Department of Justice's new policy of enlisting companies to conduct criminal investigations of their employees as a condition of civil settlements-the so-called Yates Memo-will have a chilling effect on the ability of companies to cooperate and comply with the government, according to a new report released today at a symposium hosted jointly by the U.S. Chamber Institute for Legal Reform (ILR) and the National Association of Criminal Defense Lawyers (NACDL). Read More »

American Law Institute Under Fire for 'Driving an Agenda'

May 26, 2016 | Insights

"What's going on there (at ALI) needs to be exposed and then rolled back," said longtime journalist and lawyer Stuart Taylor, Jr. about what some feel is a shift from the American Law Institute's mission to simply "restate" the law into an effort to "reshape" the law. Read More »

In the News Today - May 26, 2016

May 26, 2016 | Insights

Work of "Enforcement Maze" Speaker Highlighted: Illinois Business Daily reports on Southern Illinois University Law Professor Lucian Dervan's presentation at today's ILR/National Association of Criminal Defense Lawyers event, The Enforcement Maze: Over-Criminalizing American Enterprise. Read More »

Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

Author: John H. Beisner, Geoffrey M. Wyatt, and Jordan M. Schwartz, Skadden Arps | May 26, 2016 | Research

This paper documents compelling examples of over-enforcement abuses, and offers details of the wide-ranging and interrelated ways government enforcement actions impact American businesses. Read More »

DOJ's New Threshold for "Cooperation": Challenges Posed by the Yates Memo and USAM Revisions

Author: Matthew M. Miner, Morgan, Lewis & Bockius LLP | May 26, 2016 | Research

This paper examines the recent release of the Yates Memo (USAM), changes to the U.S. Attorneys' Manual, and the complicated landscape for business compliance and cooperation. Read More »

WSJ on the 'Bank Fraud that Wasn't'

May 25, 2016 | Insights

The Wall Street Journal editorial board opines on yesterday's Second Circuit Court of Appeals ruling that "overturned a $1.27 billion penalty against Bank of America and tossed out a $1 million penalty against" a former Countrywide Financial executive. Read More »

In the News Today - May 25, 2016

May 25, 2016 | Insights

Senate Commerce Committee Eyeing 'Dual Track' Strategy to Reform TCPA?: At a May 18th hearing in the Senate Commerce Committee, "Becca Wahlquist, testifying on behalf of the U.S. Chamber Institute of Legal Reform, called on the committee to advance legislation addressing the 'huge amount of litigation' brought under Telephone Consumer Protection Act." Read More »

NBC News reports on ILR's efforts to reform the TCPA

May 24, 2016 | Insights

"The 'explosion of class action litigation' involving prohibited robocalls to mobile phones - with potential penalties that could reach into the billions - is a serious problem, said Harold Kim, executive vice president of the U.S. Chamber of Commerce Institute for Legal Reform," reports NBC News. Read More »

In the News Today - May 24, 2016

May 24, 2016 | Insights

Bank of America Penalty Thrown Out: The Second U.S. Circuit Court of Appeals "dealt the Obama administration a major setback in its efforts to levy tough fines on corporations and executives, overturning a civil mortgage-fraud case against Bank of America." Read More »

Troubling Trend: Over-Enforcement of Civil And Criminal Laws

May 23, 2016 | Insights

The apparent frequency with which federal and state enforcers are engaging in over-enforcement of civil and criminal laws is a troubling trend. While this growing phenomenon is harming American businesses and consumers alike, few studies have examined it in detail. Read More »

ILR's Support for 'Stop Settlement Slush Funds Act' Highlighted

May 23, 2016 | Insights

Noting ILR's support for the legislation, Arizona Business Daily highlights Rep. Trent Franks' (R-AZ) co-sponsorship of the Stop Settlement Slush Funds Act of 2016 (HR 5063). Read More »

American Law Institute Under Fire for 'Driving an Agenda'

May 26, 2016 | Insights

"What's going on there (at ALI) needs to be exposed and then rolled back," said longtime journalist and lawyer Stuart Taylor, Jr. about what some feel is a shift from the American Law Institute's mission to simply "restate" the law into an effort to "reshape" the law. Read More »

In the News Today - May 26, 2016

May 26, 2016 | Insights

Work of "Enforcement Maze" Speaker Highlighted: Illinois Business Daily reports on Southern Illinois University Law Professor Lucian Dervan's presentation at today's ILR/National Association of Criminal Defense Lawyers event, The Enforcement Maze: Over-Criminalizing American Enterprise. Read More »

WSJ on the 'Bank Fraud that Wasn't'

May 25, 2016 | Insights

The Wall Street Journal editorial board opines on yesterday's Second Circuit Court of Appeals ruling that "overturned a $1.27 billion penalty against Bank of America and tossed out a $1 million penalty against" a former Countrywide Financial executive. Read More »

In the News Today - May 25, 2016

May 25, 2016 | Insights

Senate Commerce Committee Eyeing 'Dual Track' Strategy to Reform TCPA?: At a May 18th hearing in the Senate Commerce Committee, "Becca Wahlquist, testifying on behalf of the U.S. Chamber Institute of Legal Reform, called on the committee to advance legislation addressing the 'huge amount of litigation' brought under Telephone Consumer Protection Act." Read More »

NBC News reports on ILR's efforts to reform the TCPA

May 24, 2016 | Insights

"The 'explosion of class action litigation' involving prohibited robocalls to mobile phones - with potential penalties that could reach into the billions - is a serious problem, said Harold Kim, executive vice president of the U.S. Chamber of Commerce Institute for Legal Reform," reports NBC News. Read More »

In the News Today - May 24, 2016

May 24, 2016 | Insights

Bank of America Penalty Thrown Out: The Second U.S. Circuit Court of Appeals "dealt the Obama administration a major setback in its efforts to levy tough fines on corporations and executives, overturning a civil mortgage-fraud case against Bank of America." Read More »

Troubling Trend: Over-Enforcement of Civil And Criminal Laws

May 23, 2016 | Insights

The apparent frequency with which federal and state enforcers are engaging in over-enforcement of civil and criminal laws is a troubling trend. While this growing phenomenon is harming American businesses and consumers alike, few studies have examined it in detail. Read More »

ILR's Support for 'Stop Settlement Slush Funds Act' Highlighted

May 23, 2016 | Insights

Noting ILR's support for the legislation, Arizona Business Daily highlights Rep. Trent Franks' (R-AZ) co-sponsorship of the Stop Settlement Slush Funds Act of 2016 (HR 5063). Read More »

In the News Today - May 23, 2016

May 23, 2016 | Insights

The Growth of Class Actions in Australia: "Class actions have unquestionably grown into the fastest-growing species of litigation in Australia in the last decade," said Jason Betts, a commercial litigation partner at Herbert Smith Freehills. Read More »

Rickard Op-Ed on Need for Daubert Standard in Missouri

May 20, 2016 | Insights

The St. Louis Post-Dispatch features ILR President Lisa A. Rickard's op-ed urging the need to pass SB 591, a measure requiring Missouri courts to adopt the Daubert expert evidence standard. Read More »

In the News Today - May 20, 2016

May 20, 2016 | Insights

The National Law Review reports on Wednesday's U.S. Senate Commerce Committee hearing on potential reforms to the Telephone Consumer Protection Act. In addition to noting ILR's testimony in favor of reforms, the Law Review focuses on the opening statement of Committee Chairman Sen. John Thune (R-SD). Read More »

New Reports Highlight Problem of Over-Criminalization, Negative Impact of DOJ Yates Memo

May 26, 2016 | Press Release

WASHINGTON, D.C.-The Department of Justice's new policy of enlisting companies to conduct criminal investigations of their employees as a condition of civil settlements-the so-called Yates Memo-will have a chilling effect on the ability of companies to cooperate and comply with the government, according to a new report released today at a symposium hosted jointly by the U.S. Chamber Institute for Legal Reform (ILR) and the National Association of Criminal Defense Lawyers (NACDL). Read More »

U.S. Chamber Applauds House Judiciary Committee Approval of Bill to Bar Diverting DOJ Settlement Money to Third-Parties

May 11, 2016 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the U.S. House Judiciary Committee's passage of the "Stop Settlement Slush Funds Act of 2016," (H.R. 5063). Read More »

U.S. Chamber Applauds House Efforts to Bar Diverting Settlement Money to Third-Party Groups

April 28, 2016 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the U.S. House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law holding a hearing on the "Stop Settlement Slush Funds Act of 2016," (H.R. 5063). Read More »

U.S. Chamber's Rickard Named to Honorary Board of Directors for The Burton Awards

April 20, 2016 | Press Release

The U.S. Chamber Institute for Legal Reform (ILR) announced today that Lisa A. Rickard, president of ILR and executive vice president of the U.S. Chamber of Commerce, will join the Honorary Board of Directors for The Burton Awards. Read More »

U.S. Chamber Applauds Signing of Utah Law to Curb Asbestos Fraud

March 31, 2016 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about Utah Governor Gary Herbert signing into law a bill to curb "double dip" claims against asbestos bankruptcy trusts and in the tort system. Read More »

Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

Author: John H. Beisner, Geoffrey M. Wyatt, and Jordan M. Schwartz, Skadden Arps | May 26, 2016 | Research

This paper documents compelling examples of over-enforcement abuses, and offers details of the wide-ranging and interrelated ways government enforcement actions impact American businesses. Read More »

DOJ's New Threshold for "Cooperation": Challenges Posed by the Yates Memo and USAM Revisions

Author: Matthew M. Miner, Morgan, Lewis & Bockius LLP | May 26, 2016 | Research

This paper examines the recent release of the Yates Memo (USAM), changes to the U.S. Attorneys' Manual, and the complicated landscape for business compliance and cooperation. Read More »

Before the Flood: An Outline of Oversight Options for Third Party Litigation Funding in England & Wales

Author: Ken Daly and Steven Pitt, Sidley Austin LLP | April 18, 2016 | Research

This paper examines the ethical and practical concerns that are emerging from the significant expansion of third party litigation funding (TPLF) in the UK, and underscores the need for government oversight of the practice. Read More »

Insights & Inconsistencies: Lessons from the Garlock Trust Claims

Author: James L. Stengel and C. Anne Malik, Orrick, Herrington and Sutcliffe LLP | February 19, 2016 | Research

This report analyzes asbestos bankruptcy trust claims forms from the recent Garlock bankruptcy to address patterns of inconsistent and fraudulent claiming from one trust to another. Read More »

The ILR Research Review - Winter 2015

December 22, 2015 | Research

This edition of the ILR Research Review offers valuable insights from the latest of ILR's research on state legal climates, data privacy, multidistrict litigation (MDL) proceedings, and trial lawyer marketing. Read More »

The Waiting Game: Delay and Non-Disclosure of Asbestos Trust Claims

Author: Peter Kelso and Marc Scarcella, Bates White | December 17, 2015 | Research

This paper addresses the lack of transparency in asbestos bankruptcy trust systems, and the intentional delay and suppression of trust disclosures by plaintiffs and their counsel. Read More »

Trial Lawyer Marketing: Broadcast, Search and Social Strategies

Author: Ken Goldstein, University of San Francisco and Dhavan V. Shah, Sherpa Metrix LLC | October 27, 2015 | Research

This study presents findings that highlight the highly-sophisticated and well-orchestrated marketing tactics of the plaintiffs' bar, including television advertising and the use of social media. Read More »

A Perilous Patchwork: Data Privacy and Civil Liability in the Era of the Data Breach

Author: Liisa M. Thomas, Robert H. Newman, and Alessandra Swanson, Winston & Strawn LLP | October 27, 2015 | Research

This paper provides an overview of the patchwork of civil liability that U.S. companies face over data breaches, including actions by federal regulators, state attorneys general and private plaintiffs. Read More »

MDL Proceedings: Eliminating the Chaff

Author: John H. Beisner, Jessica D. Miller, and Jordan M. Schwartz, Skadden, Arps, Slate, Meagher & Flom LLP | October 27, 2015 | Research

This paper suggests procedural improvements to weed out dubious and fraudulent claims in the early stages of multidistrict litigation (MDL) proceedings to prevent them from becoming "lawsuit magnets." Read More »

Constitutional Constraints: Provisions Limiting Excessive Government Fines

Author: Paul D. Clement, Bancroft PLLC | October 27, 2015 | Research

This paper outlines the constitutional constraints that limit excessive and duplicative government fines and penalties, including the Excessive Fines Clause and Due Process Clause. Read More »

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