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
American Law Institute Draws Criticism Over Another Restatement... Read More
While some of the U.S. is caught up in post-season baseball, the legal community is paying close attention to the Department of Justice (DOJ), which keeps knocking out policy home runs.... Read More
Attorney Asks: "Can Class Arbitration Even Work?"... Read More
London-Based Attorney Breaks Down Recent High Court Class Action Decision... Read More
Though Labaton Sucharow attorneys came to a tentative agreement with a court-appointed Special Master last week, a federal judge yesterday said issues still remain regarding the $75 million fee request in the State Street case, Law360 reports.... Read More
DOJ Official Says Department Wants Prosecutors With Compliance Experience; "Breaking Down The Prop 65 Trial That Has Starbucks On Edge"... Read More
West Virginia Supreme Court Justice Allen Loughry was guilty on 11 counts of mail and wire fraud, witness tampering, and lying to federal investigators, according to West Virginia MetroNews.... Read More
Insurance Attorney Outlines the Most Controversial Provisions of ALI's Restatement; U.K.-Based Litigation Funder Postpones Listing on London Stock Exchange... Read More
The West Virginia Supreme Court voted 5-0 to stop the impeachment of Chief Justice Margaret Workman, saying that the three Articles of Impeachment that name her violate the state's separation of powers doctrine, the West Virginia Record reports.... Read More
Appeals Court Cuts $8.7 Million in Legal Fees Based on Coupons... Read More
