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.
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 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
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
The Department of Justice has publicized at least 12 Foreign Corrupt Practices Act (FCPA) cases in which prosecutors have declined to charge companies who self-reported wrongdoing, the Wall Street Journal reports...... Read More
Deputy Attorney General (DAG) Rod Rosenstein recently gave remarks on anti-corruption efforts about the dangers of duplicative "piling on" enforcement actions, the value of good corporate compliance programs, and the need for enforcement agencies to incentivize compliance, according to the Department of Justice news service.... Read More
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The 2019 Lawsuit Climate Survey: Ranking the States was conducted for the U.S. Chamber Institute for Legal Reform by The Harris Poll to explore how fair and reasonable state liability systems are perceived to be by U.S. businesses.