News & Blog

In the News Today - August 4, 2015

August 04, 2015 | Pollsters fear that the Federal Communications Commission's (FCC) recent ruling on the Telephone Consumer Protection Act (TCPA) - which they say left open the definition of "audodialer," creating more confusion than clarity on the law - may run them out of business, and "create a political system where politicians can do whatever they want without knowing what the public thinks." (Huffington Post)

Federal Judge Gives SEC Seven Days to Reconsider In-House Judges Program

August 04, 2015 | A federal judge's ruling on Monday intensified pressure on the Securities and Exchange Commission (SEC) to reevaluate its use of in-house administrative judges, issuing a seven-day deadline for the agency to decide whether it will change the way it appoints the judges.

In the News Today - August 4, 2015

August 04, 2015 | Insights

Pollsters fear that the Federal Communications Commission's (FCC) recent ruling on the Telephone Consumer Protection Act (TCPA) - which they say left open the definition of "audodialer," creating more confusion than clarity on the law - may run them out of business, and "create a political system where politicians can do whatever they want without knowing what the public thinks." (Huffington Post) Read More »

Tags: State Attorneys General, Telephone Consumer Protection Act , Texas

Federal Judge Gives SEC Seven Days to Reconsider In-House Judges Program

August 04, 2015 | Insights

A federal judge's ruling on Monday intensified pressure on the Securities and Exchange Commission (SEC) to reevaluate its use of in-house administrative judges, issuing a seven-day deadline for the agency to decide whether it will change the way it appoints the judges. Read More »

In the News Today - August 3, 2015

August 03, 2015 | Insights

Gallup, Inc. has agreed to pay $12 million in a Telephone Consumer Protection Act (TCPA) lawsuit over calls placed in the process of routine polling on social and political issues. Gallup denies wrongdoing saying it is the "victim of an ill-defined law." This settlement "appears to confirm the darkest fears of the polling world" about the TCPA. (Huffington Post) Read More »

Tags: Telephone Consumer Protection Act , Louisiana

'Growing Tide' of Shareholder Lawsuits Causing Companies to Sour on Delaware as their Corporate Homes

August 03, 2015 | Insights

The Wall Street Journal reports on a number of major corporations who are reconsidering the state of Delaware as their corporate homes. Read More »

Tags: Delaware

In the News Today - July 31, 2015

July 31, 2015 | Insights

A Chicago personal injury lawyer specializing in litigation involving motor vehicle accidents will need to answer allegations he violated federal privacy laws in allegedly using personal information on police traffic accident reports to solicit potential new clients, after a federal judge declined to dismiss a class action lawsuit against him over the alleged business practices. (Cook County Record) Read More »

Tags: Class Actions, False Claims Act (FCA), Illinois

Article Notes Both 'Record Income' and 'Black Eye' for Litigation Funding Firm

July 31, 2015 | Insights

A story noting the "record income" posted by third party litigation-funder Burford Capital also notes the U.S. Chamber's warnings over the practice of litigation funding. Read More »

Tags: Third Party Litigation Funding (TPLF)

In the News Today - July 30, 2015

July 30, 2015 | Insights

Rashmi Rangan, executive director of the Delaware Community Reinvestment Action Council Inc., says the sate misused millions of dollars from settlements with Bank of America and Citigroup to pad its budget, and has called on Attorney General Loretta Lynch to investigate. (Delaware News Journal) Read More »

Tags: Class Actions, Class Actions Around the Globe

Congress Has Rare Bipartisan Moment on TCPA Modernization

July 29, 2015 | Insights

In a time of so much partisan rancor up on Capitol Hill, Congress stuck an unusual bipartisan tone yesterday. The subject? The Telephone Consumer Protection Act, or TCPA. Read More »

Tags: Telephone Consumer Protection Act

In the News Today - July 29, 2015

July 29, 2015 | Insights

State National Bank of Big Spring has standing to challenge the constitutionality of the Consumer Financial Protection Bureau as created under Dodd-Frank, according to a unanimous ruling by a three-judge panel of the D.C. Circuit Court of Appeals on Friday. (Wall Street Journal) Read More »

WSJ Highlights Torrent of M&A Lawsuits, Professor Who Objects to Them

July 29, 2015 | Insights

The Wall Street Journal highlights a Fordham University Law Professor who purchases shares in companies after they announce a takeover, so that he can then use his standing to object to any shareholder lawsuit settlements that arise. Read More »

In the News Today - July 28, 2015

July 28, 2015 | Insights

AT&T has responded to the Federal Communications Commission's proposed $100 million fine over the company's unlimited data plan by calling it "unprecedented and indefensible." The company's accuses the FCC of 'flouting' principles of "fairness, due process and responsible enforcement." (Law360) Read More »

In the News Today - August 4, 2015

August 04, 2015 | Insights

Pollsters fear that the Federal Communications Commission's (FCC) recent ruling on the Telephone Consumer Protection Act (TCPA) - which they say left open the definition of "audodialer," creating more confusion than clarity on the law - may run them out of business, and "create a political system where politicians can do whatever they want without knowing what the public thinks." (Huffington Post) Read More »

Tags: State Attorneys General, Telephone Consumer Protection Act , Texas

Federal Judge Gives SEC Seven Days to Reconsider In-House Judges Program

August 04, 2015 | Insights

A federal judge's ruling on Monday intensified pressure on the Securities and Exchange Commission (SEC) to reevaluate its use of in-house administrative judges, issuing a seven-day deadline for the agency to decide whether it will change the way it appoints the judges. Read More »

In the News Today - August 3, 2015

August 03, 2015 | Insights

Gallup, Inc. has agreed to pay $12 million in a Telephone Consumer Protection Act (TCPA) lawsuit over calls placed in the process of routine polling on social and political issues. Gallup denies wrongdoing saying it is the "victim of an ill-defined law." This settlement "appears to confirm the darkest fears of the polling world" about the TCPA. (Huffington Post) Read More »

Tags: Telephone Consumer Protection Act , Louisiana

'Growing Tide' of Shareholder Lawsuits Causing Companies to Sour on Delaware as their Corporate Homes

August 03, 2015 | Insights

The Wall Street Journal reports on a number of major corporations who are reconsidering the state of Delaware as their corporate homes. Read More »

Tags: Delaware

In the News Today - July 31, 2015

July 31, 2015 | Insights

A Chicago personal injury lawyer specializing in litigation involving motor vehicle accidents will need to answer allegations he violated federal privacy laws in allegedly using personal information on police traffic accident reports to solicit potential new clients, after a federal judge declined to dismiss a class action lawsuit against him over the alleged business practices. (Cook County Record) Read More »

Tags: Class Actions, False Claims Act (FCA), Illinois

Article Notes Both 'Record Income' and 'Black Eye' for Litigation Funding Firm

July 31, 2015 | Insights

A story noting the "record income" posted by third party litigation-funder Burford Capital also notes the U.S. Chamber's warnings over the practice of litigation funding. Read More »

Tags: Third Party Litigation Funding (TPLF)

In the News Today - July 30, 2015

July 30, 2015 | Insights

Rashmi Rangan, executive director of the Delaware Community Reinvestment Action Council Inc., says the sate misused millions of dollars from settlements with Bank of America and Citigroup to pad its budget, and has called on Attorney General Loretta Lynch to investigate. (Delaware News Journal) Read More »

Tags: Class Actions, Class Actions Around the Globe

Congress Has Rare Bipartisan Moment on TCPA Modernization

July 29, 2015 | Insights

In a time of so much partisan rancor up on Capitol Hill, Congress stuck an unusual bipartisan tone yesterday. The subject? The Telephone Consumer Protection Act, or TCPA. Read More »

Tags: Telephone Consumer Protection Act

In the News Today - July 29, 2015

July 29, 2015 | Insights

State National Bank of Big Spring has standing to challenge the constitutionality of the Consumer Financial Protection Bureau as created under Dodd-Frank, according to a unanimous ruling by a three-judge panel of the D.C. Circuit Court of Appeals on Friday. (Wall Street Journal) Read More »

WSJ Highlights Torrent of M&A Lawsuits, Professor Who Objects to Them

July 29, 2015 | Insights

The Wall Street Journal highlights a Fordham University Law Professor who purchases shares in companies after they announce a takeover, so that he can then use his standing to object to any shareholder lawsuit settlements that arise. Read More »

In the News Today - July 28, 2015

July 28, 2015 | Insights

AT&T has responded to the Federal Communications Commission's proposed $100 million fine over the company's unlimited data plan by calling it "unprecedented and indefensible." The company's accuses the FCC of 'flouting' principles of "fairness, due process and responsible enforcement." (Law360) Read More »

U.S. Chamber's Rickard Named 'Legend in Law' Winner at The Burton Awards

June 15, 2015 | Press Release

ILR President Lisa A. Rickard was named a 2015 "Legend in Law" winner at The Burton Awards, which honor the finest accomplishments in law. Read More »

The ILR Research Review - Volume 2

May 18, 2015 | Research

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: Third Party Litigation Funding (TPLF), Telephone Consumer Protection Act , State Legal Reforms, State Attorneys General, Securities Litigation Reform, Medical Liability, Lawsuit Abuse Impact, False Claims Act (FCA), Class Actions Around the Globe, Class Actions

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 - Volume 1

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: State Legal Reforms, State Attorneys General, Lawsuit Abuse Impact, Foreign Judgment Enforcement, Foreign Corrupt Practices Act (FCPA), False Claims Act (FCA), Class Actions Around the Globe

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 (FCA), 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 (FCA)

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 (FCPA)

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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