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Justice Dept. Can Spur Investment in Compliance by Giving Companies Credit

June 15, 2018

The U.S. Department of Justice (DOJ) has placed a welcome focus lately on enlisting businesses as partners instead of adversaries in the fight against corporate wrongdoing. One way to strengthen this partnership is to offer concrete incentives for companies to make an up-front investment in ethics and compliance programs designed to detect and prevent violations in the first place.

  1. In the News Today - June 18, 2018

    June 18, 2018 | News

    Associate Attorney General Cites Importance of Corporate Compliance Culture; Australian Attorney General Backs Licensing as "Sensible Approach" to Regulation of Third Party Litigation Funding... Read More

  2. NYC Climate Lawyers on Shaky Legal Ground

    June 18, 2018 | News

    Forbes reports that the plaintiff's attorneys in the New York City climate litigation are seeking hefty compensation from oil companies for the act of producing and selling fossil fuels, but are not seeking any type of injunctive relief to stop them from doing so in the future.... Read More

  3. Judge Says Plaintiffs' Lawyers "Overreached" in $37.8 Million Fee Request

    June 15, 2018 | News

    A U.S. District judge said the 26 plaintiffs' firms in the Anthem data breach class action "overreached" by asking for nearly $38 million in fees, Law360 reports.... Read More

  4. Justice Dept. Can Spur Investment in Compliance by Giving Companies Credit

    June 15, 2018 | Blogs

    The U.S. Department of Justice (DOJ) has placed a welcome focus lately on enlisting businesses as partners instead of adversaries in the fight against corporate wrongdoing. One way to strengthen this partnership is to offer concrete incentives for companies to make an up-front investment in ethics and compliance programs designed to detect and prevent violations in the first place.... Read More

  5. In the News Today - June 14, 2018

    June 14, 2018 | News

    Judicial Ethics Expert Says Embattled West Virginia Supreme Court Justice Should Resign... Read More

  6. New York City Lawsuit Against Energy Companies Met With Skepticism in Courtroom

    June 14, 2018 | News

    A federal judge appeared skeptical of New York City's lawsuit against major energy companies during a motion to dismiss hearing yesterday, Legal Newsline reports in Forbes.... Read More

  7. In the News Today - June 13, 2018

    June 13, 2018 | News

    Unbeaten At Trial, Bayer and Janssen Say Cycle Of Xarelto Lawsuits 'Needs To Be Stopped'; Florida Contractor Arrested for Involvement in $140K Assignment of Benefits Scheme... Read More

  8. Personal Injury Attorney Says "Lawyers Will be Lawyers" in Potential Litigation Against Transportation Startups

    June 13, 2018 | News

    A California lawyer seemed to suggest that lawyers will soon target new transportation startups that allow consumers to pick up and ride scooters in big cities, Bloomberg reports.... Read More

  9. Bristol-Myers Squibb Battlegrounds: Personal Jurisdiction, A Year Later

    June 12, 2018 | Video | Watch

  10. In the News Today - June 12, 2018

    June 12, 2018 | News

    Drug Companies Challenge Locality Legal Theories in Opioid MDL... Read More

  11. Legal Reformers Question Logic Behind Climate Suits

    June 12, 2018 | News

    ... Read More

  1. In the News Today - June 18, 2018

    June 18, 2018 | News

    Associate Attorney General Cites Importance of Corporate Compliance Culture; Australian Attorney General Backs Licensing as "Sensible Approach" to Regulation of Third Party Litigation Funding... Read More

  2. NYC Climate Lawyers on Shaky Legal Ground

    June 18, 2018 | News

    Forbes reports that the plaintiff's attorneys in the New York City climate litigation are seeking hefty compensation from oil companies for the act of producing and selling fossil fuels, but are not seeking any type of injunctive relief to stop them from doing so in the future.... Read More

  3. Judge Says Plaintiffs' Lawyers "Overreached" in $37.8 Million Fee Request

    June 15, 2018 | News

    A U.S. District judge said the 26 plaintiffs' firms in the Anthem data breach class action "overreached" by asking for nearly $38 million in fees, Law360 reports.... Read More

  4. In the News Today - June 14, 2018

    June 14, 2018 | News

    Judicial Ethics Expert Says Embattled West Virginia Supreme Court Justice Should Resign... Read More

  5. New York City Lawsuit Against Energy Companies Met With Skepticism in Courtroom

    June 14, 2018 | News

    A federal judge appeared skeptical of New York City's lawsuit against major energy companies during a motion to dismiss hearing yesterday, Legal Newsline reports in Forbes.... Read More

  6. In the News Today - June 13, 2018

    June 13, 2018 | News

    Unbeaten At Trial, Bayer and Janssen Say Cycle Of Xarelto Lawsuits 'Needs To Be Stopped'; Florida Contractor Arrested for Involvement in $140K Assignment of Benefits Scheme... Read More

  7. Personal Injury Attorney Says "Lawyers Will be Lawyers" in Potential Litigation Against Transportation Startups

    June 13, 2018 | News

    A California lawyer seemed to suggest that lawyers will soon target new transportation startups that allow consumers to pick up and ride scooters in big cities, Bloomberg reports.... Read More

  8. In the News Today - June 12, 2018

    June 12, 2018 | News

    Drug Companies Challenge Locality Legal Theories in Opioid MDL... Read More

  9. Legal Reformers Question Logic Behind Climate Suits

    June 12, 2018 | News

    ... Read More

  10. In the News Today - June 11, 2018

    June 11, 2018 | News

    West Virginia Governor, Legislative Leaders Call for Loughry Ouster; Class-Action Shakedown ... Read More

  11. The Climate Change Tort Racket

    June 11, 2018 | News

    Plaintiffs' attorneys and left-leaning politicians are ganging up to shake down big oil, according to an editorial by The Wall Street Journal.... Read More

  1. Justice Dept. Can Spur Investment in Compliance by Giving Companies Credit

    June 15, 2018 | Blogs

    The U.S. Department of Justice (DOJ) has placed a welcome focus lately on enlisting businesses as partners instead of adversaries in the fight against corporate wrongdoing. One way to strengthen this partnership is to offer concrete incentives for companies to make an up-front investment in ethics and compliance programs designed to detect and prevent violations in the first place.... Read More

  2. Missouri Furthers Legal Reform Progress with Transparency in Private Attorney Contracting

    June 07, 2018 | Blogs

    In an important victory for the integrity of Missouri's civil justice system, embattled former Gov. Eric Greitens signed one of the strongest Transparency in Private Attorney Contracting (TIPAC) bills in the nation on his last day in office.... Read More

  3. ILR Recommends Class Action Reforms to the Ontario Law Commission

    June 07, 2018 | Blogs

    Twenty-six years ago, the Ontario Class Proceedings Act introduced class action litigation to Canada's most populous province. The law has gone unchanged since, but the Ontario Law Commission will soon release a report, and likely some recommendations, to the province's government to consider.... Read More

  4. Canadian Court Thwarts Enforcement of Fraudulent Judgment

    May 30, 2018 | Blogs

    A long-running litigation campaign to force Chevron USA to pay a $9.5 billion Ecuadorian judgment, which a New York court found in 2014 to be a product of fraud and bribery, hit another roadblock last week in Canada.... Read More

  5. TCPA Plaintiffs' Attorney Admits Class Action Lawsuits Have "Not Cured the Problem"

    May 22, 2018 | Blogs

    Three weeks ago, U.S. Chamber Institute for Legal Reform (ILR) President Lisa A. Rickard said the Telephone Consumer Protection Act (TCPA) has become a "goldmine for plaintiffs' attorneys." ... Read More

  6. California Assembly Passes Bill to Rein In Dangerous Trial Lawyer Advertising

    May 17, 2018 | Blogs

    This afternoon, the California State Assembly overwhelmingly passed A.B. 3217, a bill that would outlaw "materially misleading" drug and medical device lawsuit advertising.... Read More

  7. Coming Soon to the Golden State: Truth in Legal Advertising

    May 16, 2018 | Blogs

    Plaintiffs' lawyers spend hundreds of millions of dollars on lawsuit advertising. A lot of this money flows to ads for lawsuits targeting prescription drugs and medical devices. The imagery is all too familiar: the TV screen flashes red, an ambulance siren goes off, spray-tanned actors dressed like doctors pronounce exaggerated warnings in dire tones, and at the end a number shows up on screen and the viewer is encouraged to join a lawsuit.... Read More

  8. Plaintiffs' Lawyers Looking for Absurd Attorneys' Fees Had a Rough Week

    May 14, 2018 | Blogs

    If two's a coincidence and three's a trend, what would you call six headlines in one week?... Read More

  9. Landmark Bill Would Pull Back Curtain on Secretive Lawsuit Funding Deals

    May 10, 2018 | Blogs

    Today, U.S. Senate Judiciary Committee Chairman Chuck Grassley (R-IA), along with Senators John Cornyn (R-TX) and Thom Tillis (R-NC), introduced the Litigation Funding Transparency Act (LFTA), a landmark bill to help bring the multi-billion dollar litigation financing industry out of the shadows.... Read More

  10. ILR Asks Federal Communications Commission to Define Automated Telephone Dialing System

    May 03, 2018 | Blogs

    Today, the U.S. Chamber Institute for Legal Reform (ILR), the U.S. Chamber of Commerce and 16 coalition partners filed a petition with the Federal Communications Commission (FCC), asking it to clarify the definition of an automated telephone dialing system (ATDS). ... Read More

  11. Wisconsin Forward: State Enacts Groundbreaking Litigation Funding Transparency Law

    April 03, 2018 | Blogs

    Today, Wisconsin Gov. Scott Walker helped the state live up to its "Forward" motto, and made good on his encouragement to the legislature to "get it done" on legal reform in 2018 by signing AB 773 into law. ... Read More

  1. Report: U.S. Supreme Court Ruling Can Help Businesses Defend Against Lawsuit 'Forum Shopping'

    June 04, 2018 | Press Release

    ... Read More

  2. Consumers Overwhelmingly Say Lawsuits Should Not "Regulate" New Technologies

    April 18, 2018 | Press Release

    SEATTLE, WA - During an event today the U.S. Chamber Institute for Legal Reform (ILR) will release a new survey finding that, contrary to the claims of many plaintiffs' lawyers, nearly 82 percent of consumers believe that filing lawsuits is not the best way to regulate emerging technologies, such as cars that operate without a human driver. ... Read More

  3. U.S. Chamber: Proposal Could Make EU a Major Global Hub for Abusive Litigation

    April 11, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today about the European Commission's proposal to rescind and replace the EU's "Injunctions Directive." The proposal would create a new European Union-wide framework for collective redress (class action lawsuits): ... Read More

  4. U.S. Chamber: D.C. Circuit Ruling a Positive Step, But Congress Should Modernize the Telephone Consumer Protection Act

    March 16, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today about the D.C. Circuit Court's ruling vacating portions of the Federal Communications Commission's (FCC) 2015 Telephone Consumer Protection Act (TCPA) declaratory order:... Read More

  5. Report: Asbestos Bankruptcy Trusts Running Short of Money to Pay Future Claimants, System Lacks Safeguards

    March 08, 2018 | Press Release

    WASHINGTON, D.C. -- A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) highlights that asbestos bankruptcy trusts are being depleted, jeopardizing their ability to fully compensate future claimants.... Read More

  6. Lawsuit Claiming Consumer was "Deceived" About Sugar in Jelly Beans Named Most Ridiculous of 2017

    December 21, 2017 | Press Release

    Annual List of Top 10 Most Ridiculous Lawsuits Released Today... Read More

  7. Study: Rx Drug Lawsuit Ads Cause Spike in Reports of Patient Health Incidents, Deaths

    October 25, 2017 | Press Release

    WASHINGTON, D.C. -- A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows that lawsuit ads targeting prescription drugs and medical devices have caused at least 61 serious medical events -- including six deaths -- an increase from previous reports.... Read More

  8. U.S. Chamber Announces 2017 Legal Reform Award Winners

    October 25, 2017 | Press Release

    WASHINGTON, D.C. -- The U.S. Chamber Institute for Legal Reform (ILR) today announced its 2017 Legal Reform Award winners at its 18th Annual Legal Reform Summit.... Read More

  9. U.S. Chamber Applauds Senate Vote to Undo CFPB's Arbitration Rule

    October 24, 2017 | Press Release

    WASHINGTON, D.C. -- U.S. Chamber President and CEO Thomas J. Donohue issued the following statement today following U.S. Senate passage of H.J. Res. 111, disapproving of the Consumer Financial Protection Bureau's (CFPB) arbitration rule...... Read More

  10. U.S. Chamber Praises House Passage of Legislation to Bar Federal Agencies from Diverting Settlement Money to Third-Parties

    October 24, 2017 | Press Release

    WASHINGTON, D.C. -- Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today following the U.S. House of Representatives vote to pass the "Stop Settlement Slush Funds Act of 2017," (H.R. 732): ...... Read More

  11. Survey: 85 Percent of EU Consumers Support Safeguards Against Abuse Built Into Collective Action Lawsuit Systems

    September 28, 2017 | Press Release

    ... Read More

  1. BMS Battlegrounds: Practical Advice for Litigating Personal Jurisdiction After Bristol-Myers

    June 04, 2018 | Research

    The U.S. Supreme Court's decision last year in Bristol-Myers Squibb Co. v. Superior Court was a clear statement that the days of blatant, unchecked plaintiff forum shopping in search of outsized verdicts are at an end. ILR's research explores this paradigm shift and provides practical advice for defendants litigating BMS in the trenches.... Read More

  2. ILR Research Review - Spring 2018

    May 31, 2018 | Research

    The Spring 2018 ILR Research Review explores a wide range of long-standing and emerging issues in legislation, regulation, and litigation, including artificial intelligence and other emerging technologies, state qui tam False Claims Acts, West Virginia legal reforms, and asbestos bankruptcy trusts.... Read More

  3. Torts of the Future: Autonomous Vehicles

    May 17, 2018 | Research

    Among all emerging technologies examined in ILR's Torts of the Future research papers, autonomous vehicles (AVs) may be popping up in headlines more than any other. In order to respond to this trend in public policy and interest, and to provide a valuable tool for legislators, regulators, and businesses seeking to learn more about this topic, ILR has compiled insights from two years of research on emerging liability and regulation issues for autonomous vehicles.... Read More

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

    April 18, 2018 | Research

    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

  5. Dubious Distribution: Asbestos Bankruptcy Trust Assets and Compensation

    March 08, 2018 | Research

    The asbestos bankruptcy trusts, created with the goal of sustainably processing and paying valid asbestos personal injury claims, are quickly being depleted. ILR's research finds that of the 35 asbestos trusts operating as of early 2008, 21 are paying an average of 40 percent less today than in 2008, putting future compensation for asbestos victims in doubt. The paper documents the causes of this rapid depletion, including the highly significant impact of attorney contingency fees.... Read More

  6. The Great Myths of State False Claims Acts

    February 28, 2018 | Research

    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

  7. West Virginia's Climb: Lawsuit Climate Progress in the Mountain State and the Path Ahead

    January 10, 2018 | Research

    West Virginia has begun shedding its reputation for having one of the worst civil justice systems in the nation. The state's lawsuit climate ranked dead last or second to last in surveys of business executives and attorneys conducted eleven times over the past fifteen years--until 2017. This report explores the beginning of the state's encouraging transformation and highlights areas where it may continue this progress.... Read More

  8. ILR Research Review - Fall 2017

    November 30, 2017 | Research

    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

  9. Unstable Foundation:
    Our Broken Class Action System and How to Fix It

    October 24, 2017 | Research

    Unstable Foundation examines the pervasive flaws afflicting the United States' class action system. Class actions rarely provide meaningful compensation for class members, and are poorly suited to deterring wrongful conduct.... Read More

  10. Collective Redress Tourism:
    Preventing Forum Shopping in the EU

    October 24, 2017 | Research

    The EU is experiencing a wave of new "collective redress" or "class action" mechanisms being introduced in the Member States. However, there is little consistency across the EU regarding when or how actions may be brought, and the features... Read More

  11. Bad for Your Health:
    Lawsuit Advertising Implications and Solutions

    October 24, 2017 | Research

    This paper documents the proliferation of alarmist, misleading ads soliciting the public to file lawsuits against prescription drug and medical device companies. The report explores how these ads exaggerate product risks, minimize benefits... Read More