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
The same U.S. District Judge who ruled that a $9.5 billion judgment against Chevron was "procured by fraud" held the case's lead attorney in contempt yesterday for violating a 2014 order not to profit off the case. ... Read More
Defense Counsel: Class Action Risk "Difficult to Overstate" In Proposed Mass. Privacy Law; "Tips For Using DOJ Guidance In A Compliance Program"... Read More
ALI Tables Most of Its Consumer Contracts Restatement; Attorneys Say Calif. Data Law, Class Actions an "Awful Combination"... Read More
The Nevada Current has a story on the push in the state legislature to regulate lawsuit loans that often come with sky-high interest rates.... Read More
A Sidley Austin law firm partner writes that the California Consumer Privacy Act (CCPA) has "has potentially far-reaching implications for class action litigation and will not go unnoticed by the plaintiffs' bar."... Read More
"Inside The New FCA Cooperation Credit Guidelines"... Read More
According to Corporate Counsel, a bill that would have expanded liability under California's new Consumer Privacy Act failed a procedural vote in the state's Senate last week.... Read More
ILR President Says "Only Winners Will Be Trial Lawyers" If Congress Takes Away Arbitration... Read More
Commissioner Michael O'Rielly of the Federal Communications Commission (FCC) said yesterday that class action litigation around the Telephone Consumer Protection Act (TCPA) is a "mess" and a "spider web."... Read More
"State AGs Protest ALI Consumer Contract Restatement;" Litigation Funders Walk Through "Tools" They Use to Keep Recipients in Line... Read More
