News & Blog

Lawyer Ads Potentially Jeopardizing Health Care

July 22, 2016 | The American Medical Association will now advocate for a requirement that attorney commercials that may cause patients to stop using necessary medications include 'appropriate' and 'conspicuous' warnings.

In the News Today - July 22, 2016

July 22, 2016 | As Sean X. McKessy, chief of the Securities and Exchange Commission's "Whistleblower Program", prepares to depart later this month, Legal Newsline reports that since 2011, the program "has garnered more than 14,000 tips from all over the United States as well as other countries around the world."

Lawyer Ads Potentially Jeopardizing Health Care

July 22, 2016 | News and Blog

The American Medical Association will now advocate for a requirement that attorney commercials that may cause patients to stop using necessary medications include 'appropriate' and 'conspicuous' warnings. Read More »

In the News Today - July 22, 2016

July 22, 2016 | News and Blog

As Sean X. McKessy, chief of the Securities and Exchange Commission's "Whistleblower Program", prepares to depart later this month, Legal Newsline reports that since 2011, the program "has garnered more than 14,000 tips from all over the United States as well as other countries around the world." Read More »

D.C. Circuit Decision Could Upend Consumer Financial Protection Bureau

July 21, 2016 | News and Blog

A case before the U.S. Court of Appeals for the D.C. Circuit could impact the entire structure of the Consumer Financial Protection Bureau (CFPB), said Jon Eisenberg, partner at K&L Gates, in Legal Newsline. Read More »

In the News Today - July 21, 2016

July 21, 2016 | News and Blog

Experts say the so-called Yates Memo has employees and their employers at odds as both feel they've been thrown under the bus. "In the past, if an employee committed misconduct, he's going to get fired and that might be it," said Ryan Rohlfsen, a partner at Ropes & Gray. Read More »

Appeals Court Rules DoJ Doesn't have to Disclose 'Litigation Strategy Playbook'

July 20, 2016 | News and Blog

A three-judge panel for the U.S. Court of Appeals for the District of Columbia ruled that the U.S. Department of Justice doesn't have to disclose the contents of its "Federal Criminal Discovery Blue Book." Read More »

In the News Today - July 20, 2016

July 20, 2016 | News and Blog

Corporate Counsel notes that Stanford and Sullivan & Cromwell LLP have created an "impressive" database to showcase FCPA statistics. "Stanford's FCPA database matters because it is visual and updated in real time. Read More »

Come and Take It: Texas Resident Fights $2 Billion Wood Pile Lawsuit

July 19, 2016 | News and Blog

They say everything is bigger in Texas, and a $2 billion lawsuit over a wood pile certainly fits with this adage. Government prosecutors in Hunt County are seeking this astronomical amount from Kirk Grady and Republic Waste Services of Texas, alleging that Grady violated 13 Texas water and health codes by keeping a pile of wood on his land before selling it to Republic Waste in 2002. Read More »

IL Media Highlights Business Climate Index that Includes ILR's 2015 Lawsuit Climate Ranking Survey

July 19, 2016 | News and Blog

A new business climate ranking index that includes ILR's 2015 Lawsuit Climate Ranking Survey results has Illinois, not surprisingly, ranked in the bottom five, reports the Sangamon Sun. Read More »

In the News Today - July 19, 2016

July 19, 2016 | News and Blog

On the first day of their criminal trial, Texas plaintiffs' attorney Mikal Watts and six co-defendants had their indictment reduced to 73 charges from the original 95. Read More »

Criminal Trial of Texas Plaintiffs' Attorney to Begin Today over Gulf Oil Spill Fraud Allegations

July 18, 2016 | News and Blog

The criminal trial of Texas plaintiffs' attorney Mikal Watts is set to begin today. Read More »

In the News Today -- July 18, 2016

July 18, 2016 | News and Blog

Citing the "outsized influence of the trial lawyer's agenda in Albany," Adam Morey, government affairs manager for the Lawsuit Reform Alliance of New York, cites the state's 21st ranking in ILR's 2015 Lawsuit Climate Survey study in calling for passage of legal reforms in the state. Read More »

Lawyer Ads Potentially Jeopardizing Health Care

July 22, 2016 | News and Blog

The American Medical Association will now advocate for a requirement that attorney commercials that may cause patients to stop using necessary medications include 'appropriate' and 'conspicuous' warnings. Read More »

In the News Today - July 22, 2016

July 22, 2016 | News and Blog

As Sean X. McKessy, chief of the Securities and Exchange Commission's "Whistleblower Program", prepares to depart later this month, Legal Newsline reports that since 2011, the program "has garnered more than 14,000 tips from all over the United States as well as other countries around the world." Read More »

D.C. Circuit Decision Could Upend Consumer Financial Protection Bureau

July 21, 2016 | News and Blog

A case before the U.S. Court of Appeals for the D.C. Circuit could impact the entire structure of the Consumer Financial Protection Bureau (CFPB), said Jon Eisenberg, partner at K&L Gates, in Legal Newsline. Read More »

In the News Today - July 21, 2016

July 21, 2016 | News and Blog

Experts say the so-called Yates Memo has employees and their employers at odds as both feel they've been thrown under the bus. "In the past, if an employee committed misconduct, he's going to get fired and that might be it," said Ryan Rohlfsen, a partner at Ropes & Gray. Read More »

Appeals Court Rules DoJ Doesn't have to Disclose 'Litigation Strategy Playbook'

July 20, 2016 | News and Blog

A three-judge panel for the U.S. Court of Appeals for the District of Columbia ruled that the U.S. Department of Justice doesn't have to disclose the contents of its "Federal Criminal Discovery Blue Book." Read More »

In the News Today - July 20, 2016

July 20, 2016 | News and Blog

Corporate Counsel notes that Stanford and Sullivan & Cromwell LLP have created an "impressive" database to showcase FCPA statistics. "Stanford's FCPA database matters because it is visual and updated in real time. Read More »

Come and Take It: Texas Resident Fights $2 Billion Wood Pile Lawsuit

July 19, 2016 | News and Blog

They say everything is bigger in Texas, and a $2 billion lawsuit over a wood pile certainly fits with this adage. Government prosecutors in Hunt County are seeking this astronomical amount from Kirk Grady and Republic Waste Services of Texas, alleging that Grady violated 13 Texas water and health codes by keeping a pile of wood on his land before selling it to Republic Waste in 2002. Read More »

IL Media Highlights Business Climate Index that Includes ILR's 2015 Lawsuit Climate Ranking Survey

July 19, 2016 | News and Blog

A new business climate ranking index that includes ILR's 2015 Lawsuit Climate Ranking Survey results has Illinois, not surprisingly, ranked in the bottom five, reports the Sangamon Sun. Read More »

In the News Today - July 19, 2016

July 19, 2016 | News and Blog

On the first day of their criminal trial, Texas plaintiffs' attorney Mikal Watts and six co-defendants had their indictment reduced to 73 charges from the original 95. Read More »

Criminal Trial of Texas Plaintiffs' Attorney to Begin Today over Gulf Oil Spill Fraud Allegations

July 18, 2016 | News and Blog

The criminal trial of Texas plaintiffs' attorney Mikal Watts is set to begin today. Read More »

In the News Today -- July 18, 2016

July 18, 2016 | News and Blog

Citing the "outsized influence of the trial lawyer's agenda in Albany," Adam Morey, government affairs manager for the Lawsuit Reform Alliance of New York, cites the state's 21st ranking in ILR's 2015 Lawsuit Climate Survey study in calling for passage of legal reforms in the state. Read More »

U.S. Chamber Applauds House Judiciary Committee Efforts to Rein In Executive Overreach

July 12, 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 Executive Overreach Task Force hearing. Read More »

U.S. Chamber Urges Missouri Legislature to Override Vetoes of Bills Geared to Improve State's Lawsuit Climate

June 29, 2016 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about Missouri Governor Jay Nixon's vetoes of bills to keep "junk science" out of state courts by adopting the federal standard governing expert witness testimony (SB 591) and to ensure that courts and juries properly consider accurate damage calculations (SB 847). 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, changes to the U.S. Attorneys' Manual (USAM), 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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