ILR is leading the business community’s campaign to address irrational enforcement practices that compromise the rule of law, and fundamental fairness. ILR consistently encourages companies and enforcement agencies to work in partnership to most effectively prevent waste, fraud, and corruption. To further that partnership, we encourage, among other things, the adoption of common-sense enforcement policies that result in punishments that are proportional to alleged offenses and incentivize companies to invest and develop compliance programs.

Suggested Resources

  • Lighting the Way: FCA Reform and Compliance Program Credit

    Lighting the Way: FCA Reform and Compliance Program Credit

    June 27, 2018

    This paper contends that in order to encourage companies to create and sustain a culture of consistent compliance, particularly with regard to the federal False Claims Act, the U.S. Department of Justice should formalize a policy of offering credit for companies that implement effective compliance and ethics programs. Read More

  • The Great Myths of State False Claims Acts

    The Great Myths of State False Claims Acts

    February 28, 2018

    The 2018 update to "Great Myths of State False Claims Acts" shows that the whistleblowers' bar is continuing to capitalize on state qui tam False Claims Acts (FCAs), harvesting windfall awards from states and the federal government. The paper also points out that the dubious benefits of implementing a state FCA turn into a clear financial net negative when states allow their FCAs to fall out of compliance with federal standards. Read More

All Results for Over-Enforcement

  1. Judge's Dismissal Rejection "Unprecedented," DOJ Says

    August 26, 2019 | News

    In a brief, attorneys with the U.S. Department of Justice (DOJ) said a California federal judge's refusal to dismiss a False Claims Act case is an "unprecedented decision."... Read More

  2. In the News Today - August 14, 2019

    August 14, 2019 | News

    DOJ Compliance Outlooks Reflects "Recognition" Of Robust Compliance Programs... Read More

  3. In the News Today - July 19, 2019

    July 19, 2019 | News

    "8 Key Elements Of An Effective Antitrust Compliance Program"; Missouri Lawmaker Says Legislature Will Continue Legal Reform Momentum Next Session... Read More

  4. Smarter, Better, Faster

    July 16, 2019 | Blogs

    "If you ain't first, you're last" wasn't just the catchphrase of Ricky Bobby, the fictional race car driver from Talladega Nights; until last week, it was also the policy of the U.S. Department of Justice (DOJ) Antitrust Division when it came to companies reporting antitrust violations. ... Read More

  5. In the News Today - July 15, 2019

    July 15, 2019 | News

    DOJ Revamps Antitrust Compliance Policy; Florida Legal Expert Says Insurance Rates Will Drop Now That AOB Law Is In Effect... Read More

  6. In the News Today - May 23, 2019

    May 23, 2019 | News

    Defense Counsel: Class Action Risk "Difficult to Overstate" In Proposed Mass. Privacy Law; "Tips For Using DOJ Guidance In A Compliance Program"... Read More

  7. DOJ Releases False Claims Act Cooperation Guidance

    May 08, 2019 | News

    The U.S. Department of Justice unveiled new guidance to describe how companies can earn cooperation credit in False Claims Act investigations, Law360 reports.... Read More

  8. Chamber GC Says Sen. Warren's Proposal Would "Upend Hundreds of Years of U.S. Legal Tradition"

    May 08, 2019 | Blogs

    In a new op-ed in The Wall Street Journal, U.S. Chamber of Commerce General Counsel John Wood explains why a simple-sounding proposal from Sen. Elizabeth Warren, which makes company executives criminally liable for actions that now are considered basic negligence, would "upend hundreds of years of U.S. legal tradition and wreak havoc in boardrooms." ... Read More

  9. In the News Today - May 1, 2019

    May 01, 2019 | News

    Law Professors Say ALI's Upcoming Contracts Restatement Is Flawed; DOJ Issues New Guidance Regarding Compliance Programs... Read More

  10. In the News Today - April 4, 2019

    April 04, 2019 | News

    DOJ Chief Privacy Officer Calls for Single, Preemptive Federal Data Privacy Law... Read More