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

  • 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. Deputy Attorney General Rod Rosenstein Highlights “Piling On,” Corporate Compliance in Keynote Address

    March 11, 2019 | News

    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

  2. Bill Barr Confirmed as Next Attorney General

    February 15, 2019 | News

    The U.S. Senate has confirmed Bill Barr to be the next U.S. Attorney General by a 54-45 vote yesterday, the National Law Journal reports.... Read More

  3. In the News Today - February 4, 2019

    February 04, 2019 | News

    The Granston Memo, One Year Later; Are New Data Rules Fueling Securities Litigation in Europe?... Read More

  4. 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

  5. "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

  6. 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

  7. In the News Today - December 13, 2018

    December 13, 2018 | News

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

  8. In the News Today - December 7, 2018

    December 07, 2018 | News

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

  9. 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

  10. 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