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
Third party litigation funding-the practice of hedge funds investing in litigation in exchange for a cut of the proceeds-has begun to take root in Europe. Unfortunately, an almost total lack of transparency and regulation means that even as its supporters promise greater "access to justice," TPLF threatens the integrity of European civil justice systems. This ILR research paper details the state of play for TPLF in Europe and around the world, and urges EU legislators to take up a number of specific reforms to protect consumers and businesses.... Read More
"No More Rule by Memorandum"... Read More
A partner at the Reed Smith law firm said in a Law360 analysis piece that the Federal Trade Commission's (FTC) warning letters over misleading lawyer advertising "might be another step toward curtailing some of the problematic behavior" in litigation.... Read More
A group of 45 general counsel and chief legal officers sent a letter to the Committee on Rules of Practice and Procedure highlighting concerns with multidistrict litigation (MDL) proceedings, Corporate Counsel reports.... Read More
Kevin LaCroix, author of the D&O Diary, said the "extraction of blackmail payment" by plaintiffs' lawyers via mootness fees in securities lawsuits "continues unabated."... Read More
AAJ's Arbitration "Study" Based On Flagrantly False Premises... Read More
Recently, the American Association for Justice (AAJ) released a "study" on arbitration-just as the House of Representatives took up legislation. To no one's surprise, the AAJ argues that litigation is a better way to resolve disputes. But this "study" is nothing more than a misleading attempt to discredit arbitration that's based on three flagrantly false premises.... Read More
ILR Submits Comments to California Bar Regarding Proposed Rule Changes... Read More
The Federal Trade Commission (FTC) sent warning letters to several lawyers and lead generators over their potentially misleading television advertisements, Legal Newsline reports.... Read More
In a new op-ed, U.S. Chamber Institute for Legal Reform (ILR) Chief Operating Officer Harold Kim said the U.S. Senate should preserve arbitration to "spare Americans from trial lawyers' greed."... Read More
