The federal government and the states each play an important role in addressing the problem of lawsuit abuse. While for the past several years most legal reform activity has occurred at the state level, with states enacting several effective, high-profile reforms, many important legal reforms have also been enacted and implemented at the federal level. With the changing political landscape, an increase in legal reform action at the federal level can be expected.
Congress is currently considering a number of important legal reform proposals that would help restore balance to America's civil justice system. These include asbestos litigation reform, mandatory sanctions for filling frivolous litigation, protecting innocent parties from being unfairly or fradulently joines into a lawsuit, class action and multi-district litigation reforms, increased certainty where the Foreign Corrupt Practices Act (FCPA) is concerned, and reform of over-broad laws that threaten individuals and business with criminal prosecution absent any criminal intent, among others.
In addition to these proactive legal reform efforts, there is a need to defend against efforts by the plaintiffs’ bar to expand liability in Congress, federal courts, and regulatory agencies.
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
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 Food Court: Trends in Food and Beverage Class Action Litigation
Covering the Contractors: The Current State of the Government Contractor Defense
Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States
DOJ’S New Threshold for “Cooperation”: Challenges Posed by the Yates Memo and USAM Revisions
Insights & Inconsistencies: Lessons from the Garlock Trust Claims
The Waiting Game: Delay and Non-Disclosure of Asbestos Trust Claims
Constitutional Constraints: Provisions Limiting Excessive Government Fines
The Trial Lawyer Underground: Covertly Lobbying the Executive Branch
Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds
The FIRREA Revival: Dredging Up Solutions to the Financial Crisis
Unprincipled Prosecution: Abuse of Power and Profiteering in the New 'Litigation Swarm'
A Roadmap for Reform: Lessons from Eight Years of the Class Action Reform Act
Fixing the False Claims Act: The Case for Compliance-Focused Reforms
Federalism, The Framers, and Federal Legal Reform: Setting the Record Straight
A class action defense lawyer in Australia said the Victorian Law Reform Commission's recommendation report on class action litigation regulation was "very disappointing," the Australian Financial Review reports.... Read More
A law professor at Roger Williams University School of Law said "lawsuit lenders are like sharks to shipwrecks" who "capitaliz[e] on tragedy" in a response to a defense of the industry in Crain's New York Business.... Read More
A Boston judge's probe into potential overbilling in the $300 million securities lawsuit against State Street Corp. has led to questions about potential public corruption involving plaintiffs' lawyers and an Arkansas pension fund, National Law Journal reports.... Read More
Associate Attorney General Cites Importance of Corporate Compliance Culture; Australian Attorney General Backs Licensing as "Sensible Approach" to Regulation of Third Party Litigation Funding... Read More
A U.S. District judge said the 26 plaintiffs' firms in the Anthem data breach class action "overreached" by asking for nearly $38 million in fees, Law360 reports.... Read More
The U.S. Department of Justice (DOJ) has placed a welcome focus lately on enlisting businesses as partners instead of adversaries in the fight against corporate wrongdoing. One way to strengthen this partnership is to offer concrete incentives for companies to make an up-front investment in ethics and compliance programs designed to detect and prevent violations in the first place.... Read More
Judicial Ethics Expert Says Embattled West Virginia Supreme Court Justice Should Resign... Read More
Unbeaten At Trial, Bayer and Janssen Say Cycle Of Xarelto Lawsuits 'Needs To Be Stopped'; Florida Contractor Arrested for Involvement in $140K Assignment of Benefits Scheme... Read More
A California lawyer seemed to suggest that lawyers will soon target new transportation startups that allow consumers to pick up and ride scooters in big cities, Bloomberg reports.... Read More
