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
Loughry Resigns From Supreme Court; Harris/Finn Partners Survey Reveals Data Privacy is Top Concern...... Read More
The Ontario Superior Court has rejected a proposed class funding arrangement from litigation funder Bentham IMF that would have resulted in the representative plaintiffs "working on behalf of Bentham," Canadian Lawyer reports...... Read More
Another Attempt to Impeach West Virginia Supreme Court Justices May Be Coming; "An Opportunity To Slow The Rise Of Securities Class Actions"... Read More
According to SCOTUSblog, the U.S. Supreme Court asked for additional briefings in Frank v. Gaos, a case that could decide the future of "cy pres" class action settlements.... Read More
Defendants In New York Asbestos Courts Now Using Jurisdictional Defenses... Read More
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"Do Opt-Out Settlements of $217.5 Million Foreshadow the Future of Securities Litigation?"... Read More
According to Law360, there is "growing support among federal judges who oversee multidistrict litigations" for a rule to address third party litigation funding.... Read More
Labaton Threatens Further Action if Deal is Rejected... Read More
Two years after the U.S. Supreme Court handed down its landmark Universal Health Services v. Escobar decision, Law360 looks at how courts across the country are interpreting and applying it to False Claims Act (FCA) litigation.... Read More
