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
Law Firm, Lawsuit Lender Spat Headed to Mediation... Read More
Major plaintiffs' firms representing both states and cities would be shut out of the negotiation class idea proposed in the opioid-related multidistrict litigation in Ohio, the judge announced this week.... Read More
Lawsuit Lender Faces Lawsuit After Charging "Over 100 Percent" Annual Interest Rate... Read More
Some legal experts told Law.com the third party litigation funding industry "might not look the same in the aftermath" of the short-selling and accounting controversy that has embroiled industry leader Burford Capital.... Read More
DOJ Compliance Outlooks Reflects "Recognition" Of Robust Compliance Programs... Read More
Questions surrounding the viability of biometric data privacy class action lawsuits are likely headed to the U.S. Supreme Court, a lawyer told the Cook County Record. ... Read More
Litigation Funder, Short Seller, Race To Regulator To Urge Probes... Read More
According to Law360, a recent decision by the Ninth Circuit is "likely to make it easier for plaintiffs to prop up" biometric information privacy class actions around the country. ... Read More
"London's Largest Divorce" Offers New Questions About Litigation Funding... Read More
The accusations of misleading accounting facing Burford Capital have "raised broader questions" about the litigation funding industry, the Financial Times writes.... Read More
