The evolution of over-enforcement is impacting various issues including the False Claims Act, the Foreign Corrupt Practices Act, and State Attorneys General. Recently released research, Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States frames the over-enforcement landscape:
All elements of American society benefit when the legal system is used as intended by our Founders—namely, to prosecute and punish genuine wrongdoers whose actions have violated the law and caused injury or damage, guided by due process and the Eighth Amendment principle that the punishment should fit the crime. However, recent events have shown that government enforcement actions increasingly overstep reasonable bounds. Read More...
Other notable points include:
Critical Reforms Road Map
Limits on multiple, duplicative investigations and prosecutions are essential to preserve fairness in our system of justice and our overall economy. One way to control government overreaching in this context is by ensuring that enforcement officials’ discretion is appropriately channeled in order to reduce their ability to make unjustified prosecutorial decisions. This should include:
Click below for detailed information on issues impacted by over-enforcement:
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 special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe. Read More
Executive Overreach in Regulatory Enforcement and Infrastructure (U.S. House of Representatives Judiciary Committee Executive Overreach Task Force, The Honorable Michael Mukasey on behalf of the U.S. Chamber Institute for Legal Reform)
The Enforcement Maze: Over-Criminalizing American Enterprise
DOJ's New Threshold for "Cooperation": Challenges Posed by the Yates Memo and USAM Revisions
Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States
“Stop Settlement Slush Funds Act of 2016” (U.S. House of Representatives Committee on Judiciary Subcommittee on Regulatory Reform, Commercial and Administrative Law, Dan Lungren on behalf of the U.S. Chamber of Commerce and the U.S. Chamber Institute for Legal Reform)
In Support of the House Judiciary Committee’s Creation of the Executive Overreach Task Force
Constitutional Constraints: Provisions Limiting Excessive Government Fines
Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds
New Faces of Lawsuit Abuse Video Highlights Federal Raid on Gibson Guitar
Unprincipled Prosecution: Abuse of Power and Profiteering in the New 'Litigation Swarm'
2014 Legal Reform Summit: The Enforcement “Collidescope”: The New Litigation Paradigm
Fixing the False Claims Act: The Case for Compliance-Focused Reforms
The Great Myths of State False Claims Acts: Alternatives to State Qui Tam Statutes
In a positive step forward that would empower states to diminish frivolous False Claims Act cases, Florida Attorney General Pam Bondi's office is arguing that "it has the authority to dismiss a False Claims Act suit brought against Motorola Inc. [which] it deemed frivolous, saying it does not need approval from the relator who filed suit."... Read More
The government's use of the Foreign Corrupt Practices Act has exploded in recent years, but the track record once those cases get some scrutiny isn't so good.... Read More
In memory of the 2011 federal raid of its factory, Gibson Guitar is inviting Americans to "fight the powers that be" by purchasing its new, "Government Series II Les Paul" guitar.... Read More
As federal prosecutors ramp up their anti-corruption enforcement activities, serious questions remain for U.S. companies trying to comply with the Foreign Corrupt Practices Act.... Read More
A new ILR report argues that the False Claims Act, while good at encouraging frivolous litigation, is simply ineffective at preventing fraud. ... Read More
The U.S. House Judiciary Committee's bipartisan task force on over-criminalization today continued what The Wall Street Journal has called, "the most expansive re-examination of federal law since the early 1980s" by holding a hearing on criminal enforcement of federal rules and regulations.... Read More
By being proactive and persistent, we can achieve a healthy lawsuit system.... Read More
WASHINGTON, D.C.-In response to what it sees as improper practices by some officials, the U.S. Chamber Institute for Legal Reform (ILR) issued a new set of ethical standards for state attorneys general today, and will urge its voluntary adoption.
"This proposed code of conduct balances the ability of the AGs to pursue wrongdoers while protecting the due process rights of the targets of the investigation and litigation," said ILR president Lisa Rickard in remarks at the Chamber's 8th Annual Legal Reform Summit.... Read More
