There are troubling signs that U.S.-style class action systems are spreading globally. Almost every EU Member State, Canada, Japan, Korea, Hong Kong, Australia, Brazil, Chile, Argentina, and Mexico—to name a few—have all considered or already allow some form of class actions. While these proposals are not identical to the U.S. system, they can create opportunities for similar abuses, such as settlements that unfairly benefit lawyers rather than claimants.
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As the European Commission's proposal on collective actions (known as class actions in the United States) makes its way through the European Union's legislative process, it is important to assess EU consumer opinion of the proposal and the safeguards included (and not included) in the legislation. This survey captured the views of 5,097 consumers across five EU Member States. Read More
A new research paper released by the U.S. Chamber Institute for Legal Reform (ILR) found that "private rights of action are inefficient and ineffective," particularly when used to address data privacy concerns.... Read More
A new study released by the U.S. Chamber Institute for Legal Reform (ILR) shows what happens when plaintiffs' lawyers are given the green light to enforce privacy laws through private rights of action: clogged courts, less innovation and no real benefit to consumers. ... Read More
Private rights of action (PRAs) are highly problematic: the plaintiffs' bar benefits significantly from America's lawsuit system, while consumers are left with little. PRAs are especially poor tools for addressing privacy issues, which are better left to regulators with relevant expertise and perspective to shape and balance penalties, deterrence, innovation, and consumer protection.... Read More
Attorneys with the Akin Gump Strauss Hauer & Feld law firm write in Law360 that without a national, uniform data privacy standard, a "complex web of laws" will "pose significant challenges to businesses with multistate and national footprints."... Read More
In a Law Society Gazette commentary piece, Lisa A. Rickard, the president of the U.S. Chamber Institute for Legal Reform, said a case potentially before the UK Supreme Court is the only thing separating the UK legal system from a "US-style litigation monster."... Read More