Over-Enforcement

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.

01/01/2019

Suggested Resources

Research
  • 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. Do the DOJ Qui Tam Dismissals Signal a Department Sea Change?

    January 10, 2019 | News

    Legal Newsline reports in Forbes that the U.S. Department of Justice's (DOJ) recent move to dismiss 11 whistleblower, or qui tam, lawsuits under the False Claims Act may be a shift towards an administration strategy to "rein in trial lawyers who are using a federal whistleblower law to seek millions of dollars."... Read More

  2. "DOJ: Company Wasted 1,500 Hours of Gov't Time Filing Meritless Suits"

    December 19, 2018 | News

    The U.S. Department of Justice (DOJ) announced it was looking to dismiss 11 False Claims Act lawsuits after learning a company used a cookie-cutter-style model and major plaintiffs' lawyers to file qui tam lawsuits that were "essentially cloned," Law360 reports.... Read More

  3. Is the U.S. Supreme Court About to Rein in Agency Powers?

    December 14, 2018 | News

    A Wall Street Journal opinion piece discusses a forthcoming U.S. Supreme Court case that could significantly limit the power of the federal administrative state. ... Read More

  4. In the News Today - December 13, 2018

    December 13, 2018 | News

    "The Increased Importance of Compliance Going Forward"... Read More

  5. In the News Today - December 7, 2018

    December 07, 2018 | News

    President Trump to Nominate William Barr as Attorney General... Read More

  6. Department of Justice Announces Major Changes to "Yates Memo"

    November 30, 2018 | Blogs

    The holiday season is in full swing, but the Department of Justice (DOJ) isn't letting visions of sugar plums get in the way of conducting business. ... Read More

  7. Deputy AG Rosenstein Announces Revisions to Policies on Individual Accountability

    November 30, 2018 | News

    U.S. Deputy Attorney General Rod Rosenstein announced new polices yesterday that National Law Journal says will "give prosecutors more discretion to award credit to companies even when they do not identify every employee who might be potentially culpable."... Read More

  8. In the News Today - November 29, 2018

    November 29, 2018 | News

    "FCPA Compliance 1 Year After DOJ Revised Policy"... Read More

  9. ILR Research Review - Fall 2018

    November 20, 2018 | Research

    ILR's Fall 2018 research cycle was about two things: spotting new, destructive legal trends before they become unstoppable, and highlighting concrete progress in addressing long-standing litigation challenges. The 2018 Fall Research Review reveals the exploding costs of the U.S. tort system, and examines developments in securities litigation, forum shopping, False Claims Act policy reform, and the European Commission's project to implement class actions.... Read More

  10. 2018 Legal Reform Summit Video Showcase

    October 24, 2018 | Video | Watch