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

  • Torts of the Future II: Addressing the Liability and Regulatory Implications of Emerging Technologies

    Torts of the Future II: Addressing the Liability and Regulatory Implications of Emerging Technologies

    April 18, 2018

    The second edition of ILR's Torts of the Future research examines evolutions in regulatory and liability trends for emerging technologies including artificial intelligence, virtual reality, wearable devices, and 3D printing. The research also presents a number of updated guiding principles to inform courts, legislators, and policymakers as they seek to address privacy and safety concerns without derailing or delaying innovation. Read More

All Results for Over-Enforcement

  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. In the News Today - March 15, 2019

    March 15, 2019 | News

    Enforcement of the Foreign Corrupt Practices Act Has Entered an Era of Transparency in Incentives and Rewards... Read More

  9. FCPA Self-Reporting Program Makes Headway

    March 13, 2019 | News

    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

  10. DOJ Rolls Back Ban On Disappearing Messages

    March 12, 2019 | News

    The U.S. Department of Justice has taken yet another step to ease corporate compliance in Foreign Corrupt Practices Act cases... Read More