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Smarter, Better, Faster

July 16, 2019

"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.

  1. In the News Today - July 19, 2019

    July 19, 2019 | News

    "8 Key Elements Of An Effective Antitrust Compliance Program"; Missouri Lawmaker Says Legislature Will Continue Legal Reform Momentum Next Session... Read More

  2. New Report: Securities Plaintiffs' Attorneys May Be Inflating Hours

    July 19, 2019 | News

    A new report released by three law professors found that plaintiffs' attorneys in securities class actions may be incentivized to inflate their billable hours to justify large fee awards, Law360 reports.... Read More

  3. In the News Today - July 18, 2019

    July 18, 2019 | News

    New York Federal Judge Tossed FCA Suit Challenged By DOJ... Read More

  4. PFAS Legislation Would Be An "Unprecedented Step," Environmental Lawyer Says

    July 18, 2019 | News

    An environmental lawyer told Legal Newsline that a U.S. House-passed amendment to require the Environmental Protection Agency to classify all PFAS chemicals as a toxic pollutant would be "an unprecedented step." ... Read More

  5. In the News Today - July 17, 2019

    July 17, 2019 | News

    EU Data Privacy Fines Are Getting Steep. Will This Be the New Normal?... Read More

  6. New ILR Podcast Breaks Down U.S. Supreme Court's Class Action Record

    July 17, 2019 | News

    In episode three of Cause for Action, the U.S Chamber Institute for Legal Reform's Chief Operating Officer Harold Kim and the Chamber Litigation Center's Senior Vice President and Chief Counsel Steve Lehotsky break down the significance of key Supreme Court decisions from the recently-ended term.... Read More

  7. In the News Today - July 16, 2019

    July 16, 2019 | News

    "Collective Investor Actions" On The Rise... Read More

  8. Negotiation Class Idea "Should Be Rejected," Former AG Says

    July 16, 2019 | News

    In a joint op-ed, Connecticut's former attorney general and former chief deputy attorney general said the novel negotiation class idea proposed by plaintiffs' lawyers in the massive opioid-related multidistrict litigation in Ohio "should be rejected outright or fundamentally revised."... Read More

  9. 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

  10. 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

  11. New ILR Research Finds Private Rights Of Action Are "Inefficient and Ineffective"

    July 15, 2019 | News

    A new research paper released by the U.S. Chamber Institute for Legal Reform (ILR) found that "private rights of action are inefficient and ineffective," particularly when used to address data privacy concerns.... Read More

  1. In the News Today - July 19, 2019

    July 19, 2019 | News

    "8 Key Elements Of An Effective Antitrust Compliance Program"; Missouri Lawmaker Says Legislature Will Continue Legal Reform Momentum Next Session... Read More

  2. New Report: Securities Plaintiffs' Attorneys May Be Inflating Hours

    July 19, 2019 | News

    A new report released by three law professors found that plaintiffs' attorneys in securities class actions may be incentivized to inflate their billable hours to justify large fee awards, Law360 reports.... Read More

  3. In the News Today - July 18, 2019

    July 18, 2019 | News

    New York Federal Judge Tossed FCA Suit Challenged By DOJ... Read More

  4. PFAS Legislation Would Be An "Unprecedented Step," Environmental Lawyer Says

    July 18, 2019 | News

    An environmental lawyer told Legal Newsline that a U.S. House-passed amendment to require the Environmental Protection Agency to classify all PFAS chemicals as a toxic pollutant would be "an unprecedented step." ... Read More

  5. In the News Today - July 17, 2019

    July 17, 2019 | News

    EU Data Privacy Fines Are Getting Steep. Will This Be the New Normal?... Read More

  6. New ILR Podcast Breaks Down U.S. Supreme Court's Class Action Record

    July 17, 2019 | News

    In episode three of Cause for Action, the U.S Chamber Institute for Legal Reform's Chief Operating Officer Harold Kim and the Chamber Litigation Center's Senior Vice President and Chief Counsel Steve Lehotsky break down the significance of key Supreme Court decisions from the recently-ended term.... Read More

  7. In the News Today - July 16, 2019

    July 16, 2019 | News

    "Collective Investor Actions" On The Rise... Read More

  8. Negotiation Class Idea "Should Be Rejected," Former AG Says

    July 16, 2019 | News

    In a joint op-ed, Connecticut's former attorney general and former chief deputy attorney general said the novel negotiation class idea proposed by plaintiffs' lawyers in the massive opioid-related multidistrict litigation in Ohio "should be rejected outright or fundamentally revised."... Read More

  9. 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

  10. New ILR Research Finds Private Rights Of Action Are "Inefficient and Ineffective"

    July 15, 2019 | News

    A new research paper released by the U.S. Chamber Institute for Legal Reform (ILR) found that "private rights of action are inefficient and ineffective," particularly when used to address data privacy concerns.... Read More

  11. In the News Today - July 12, 2019

    July 12, 2019 | News

    "Growing Body Of Law" On One New York Patent Troll; Growth Of Public Nuisance Lawsuits In Calif. Is "Very Concerning"... Read More

  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. Missouri in Hot Pursuit of Tort Reform in 2019

    July 08, 2019 | Blogs

    Summer has started and, while temperatures are rising, state legislative sessions are cooling down for the season. Legal reform was a hot topic in many states this year, and Missouri was no exception. The Show-Me State passed three key reform bills aimed at reining in an out-of-control lawsuit climate. ... Read More

  3. NPR Highlights Trial Lawyer "Referral Mills," Advertising Bonanza

    July 03, 2019 | Blogs

    A recent spree of lawsuit advertising to recruit plaintiffs for Roundup weed-killer litigation is just the latest example of the trial lawyer "money machine" in action, according to reporting from National Public Radio's Marketplace Morning Report. ... Read More

  4. The M&A Class Action Racket: An End in Sight?

    July 02, 2019 | Blogs

    In late June, a federal judge in Illinois delivered an extraordinary opinion. U.S. District Judge Thomas Durkin threw out a merger and acquisition (M&A) objection lawsuit settlement and ordered the plaintiffs' lawyers to return hundreds of thousands of dollars in fees. He also said that the case should have been dismissed before it ever got off the ground, and that it was time to end the "racket" of "worthless" M&A lawsuits.... Read More

  5. In The News Today - July 2, 2019

    July 02, 2019 | Blogs

    GDPR "Holding European Businesses Back," Data Think Tank Analyst Says; TPLF Driving Growth of Australian Class Actions... Read More

  6. We're Not in Kansas Anymore, Are We?

    June 28, 2019 | Blogs

    After the recent Kansas Supreme Court decision to lift caps on non-economic damages, Dorothy may not want to click her ruby slippers three times to go home. ... Read More

  7. Did Litigation Funders Just Confirm Our Suspicions? Again?

    May 31, 2019 | Blogs

    It is not surprising that in April, two litigation funders essentially confirmed they look for cases with massive damages potential to find their next jackpot. What is more interesting is the fact that one of those funders, contrary to the industry's long-standing declaration against such practices, may have just admitted they do, in fact, want some control over the litigation they fund.... Read More

  8. Arbitration: Fairer, Faster, and Better for Employees

    May 30, 2019 | Blogs

    When it comes to solving disputes between employees and their employer, money doesn't matter, and time isn't precious. Or at least, that's what opponents of employment arbitration would like you to think.... Read More

  9. 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

  10. If It's Broke, Fix It: Address the MDL Imbalance

    May 02, 2019 | Blogs

    Supporters of legal reform know that plaintiffs' lawyers and their allies are constantly searching for ways to turn the American legal system to their advantage. Class actions are a go-to example: a seemingly neutral mechanism that plaintiffs' lawyers have learned to exploit, and that regularly produces unfair outcomes for defendants. Unfortunately, the same can now be said for multi-district litigation, or MDLs. ... Read More

  11. New Video Offers Solutions For TCPA Reform

    April 18, 2019 | Blogs

    It's no secret that Telephone Consumer Protection Act (TCPA) litigation has run amok. So, what gives? It's clear that the law needs an update. A path forward is needed to keep up with technology. A new video from Faces of Lawsuit Abuse provides that path.... Read More

  1. New Study: Lawsuits Are Poor Tools for Protecting Privacy

    July 15, 2019 | Press Release

    A new study released by the U.S. Chamber Institute for Legal Reform (ILR) shows what happens when plaintiffs' lawyers are given the green light to enforce privacy laws through private rights of action: clogged courts, less innovation and no real benefit to consumers. ... Read More

  2. New Study: Workers Win More Money and More Often in Arbitration Than in Court

    May 16, 2019 | Press Release

    New Poll Also Shows More Than Six in Ten View Arbitration Favorably as a Way to Solve Disputes ... Read More

  3. U.S. Chamber Institute for Legal Reform Welcomes Former Chief Counsel for Senate Majority Leader Mitch McConnell

    May 01, 2019 | Press Release

    Washington, D.C.-John Abegg, longtime chief counsel for Senate Majority Leader Mitch McConnell, will become the executive vice president of the U.S. Chamber Institute for Legal Reform (ILR).  Abegg will provide advocacy, strategy, policy guidance, and management expertise to support ILR's comprehensive program aimed at improving the nation's litigation climate. ... Read More

  4. New U.S. Chamber Studies Examine Surge in Lawsuits by Cities and Counties

    March 07, 2019 | Press Release

    Washington, D.C. - The U.S. Chamber Institute for Legal Reform (ILR) today released a pair of studies examining the surge in lawsuits by cities and counties enlisted by trial lawyers to sue over alleged misconduct by businesses.... Read More

  5. U.S. Chamber: Trial Lawyers and Their Allies Seek to Pass Forced Litigation Bills

    February 28, 2019 | Press Release

    New Bills Would Increase Lawsuits That Primarily Benefit Lawyers ... Read More

  6. U.S. Chamber Report: Securities Class Action System in Crisis with Record Lawsuits, Professional Plaintiffs

    February 26, 2019 | Press Release

    Reforms needed from Congress, SEC, Courts... Read More

  7. Lawsuit Over Coffee Warning Labels Named Most Ridiculous of 2018

    December 18, 2018 | Press Release

    A lawsuit targeting California coffee houses for not including warning labels on their products tops the U.S. Chamber Institute for Legal Reform's (ILR) list of the Top 10 Most Ridiculous Lawsuits of 2018. ... Read More

  8. U.S. Chamber Comments on New York Lawsuit Against ExxonMobil

    October 24, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR) made the following statement about the lawsuit filed today by New York State against ExxonMobil using the Martin Act:... Read More

  9. Study: U.S. Tort System Costs $429 Billion

    October 24, 2018 | Press Release

    WASHINGTON, D.C. - A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows that the cost and compensation paid in the U.S. tort system totaled $429 billion-or 2.3 percent of the U.S. gross domestic product (GDP)-in 2016.... Read More

  10. U.S. Chamber Honors Advocates for Legal Reform

    October 24, 2018 | Press Release

    WASHINGTON, D.C. - Today, the U.S. Chamber Institute for Legal Reform (ILR) presented its 2018 Legal Reform Award to two distinguished individuals and one organization at its Summit XX: Law, Policy, Politics event.... Read More

  11. U.S. Chamber Welcomes DOJ Action to Prevent Asbestos Fraud

    September 13, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the U.S. Department of Justice (DOJ) statement of interest in asbestos bankruptcy trust creation:... Read More

  1. Ill-Suited: Private Rights of Action and Privacy Claims

    July 11, 2019 | Research

    Private rights of action (PRAs) are highly problematic: the plaintiffs' bar benefits significantly from America's lawsuit system, while consumers are left with little. PRAs are especially poor tools for addressing privacy issues, which are better left to regulators with relevant expertise and perspective to shape and balance penalties, deterrence, innovation, and consumer protection.... Read More

  2. Fairer, Faster, Better: An Empirical Assessment of Employment Arbitration

    May 15, 2019 | Research

    Contrary to the assertions made by the opponents of arbitration, employees in disputes with their employer are more likely to win cases, get more compensation, and get it more quickly in arbitration than in litigation. This study, performed by ndp | analytics, examined nearly 100,000 cases between 2014 and 2018, including over 90,000 federal lawsuits and 10,000 arbitrations.... Read More

  3. Arbitration Survey | March 7-11, 2019

    May 11, 2019 | Research

    ... Read More

  4. MDL Imbalance: Why Defendants Need Timely Access To Interlocutory Review

    April 24, 2019 | Research

    Multidistrict litigation proceedings (MDLs) were created as an efficient way to handle pretrial proceedings in hundreds or thousands of similar cases against the same defendant. Unfortunately, MDLs also give plaintiffs an unfair advantage when it comes to appeals. If a defendant makes a dispositive motion-on preemption or expert evidence, for example-and is denied, it won't normally have access to immediate appeal. But if the defendant wins the motion, plaintiffs can appeal right away. This paper argues for courts to give MDL plaintiffs and defendants equal access to appellate review.... Read More

  5. ILR Research Review - Spring 2019

    March 21, 2019 | Research

    The rising pace of private securities class actions could present a threat to the health of U.S. capital markets, while the ongoing wave of municipality lawsuits stands in the way of global settlements and undermines the authority of lawmakers and state attorneys general. White papers covered in this edition of the ILR Research Review detail the causes and current state of these litigation trends, along with a full suite of solutions to address them.... Read More

  6. Mitigating Municipality Litigation: Scope and Solutions

    March 06, 2019 | Research

    Municipalities are testing the boundaries of their litigation authority, claiming damages for wide-ranging matters of public policy including opioid abuse, climate change, and data privacy breaches. This paper is the first to document how and why municipalities and contingency fee lawyers are undermining legislators and state AGs with these lawsuits, the problems this trend is causing, and what states can do about it. ... Read More

  7. Waking the Litigation Monster: The Misuse of Public Nuisance

    March 06, 2019 | Research

    Local governments are increasingly teaming up with contingency fee lawyers to influence public policy issues through litigation, largely through attempts to expand the public nuisance doctrine. ILR's research outlines the origins and development of public nuisance litigation, shows the ongoing efforts of activists and attorneys to morph this theory into an all-purpose cause of action, and calls on courts to reject expanding judicial authority inappropriately into the legislative and executive branches. ... Read More

  8. Containing the Contagion: Proposals to Reform the Broken Securities Class Action System

    February 25, 2019 | Research

    Record-high numbers of securities class action filings are swamping the protections that Congress created in 1995. In fact, the likelihood that a public company will be sued has never been greater, and the bulk of these lawsuits show the classic signs of litigation abuse. However, solutions are at hand. This research proposes regulatory and legislative action to contain the securities litigation contagion.... Read More

  9. Risk and Reward: The Securities Fraud Class Action Lottery

    February 25, 2019 | Research

    Securities fraud class action lawyers are playing the "litigation lottery," filing often meritless cases against big companies on the off-chance of a big settlement. This research looks at all securities fraud class actions filed between 2005 and 2016 to reveal the true incentives that motivate plaintiffs' lawyers to roll the dice on these lawsuits, despite their high dismissal rate.... Read More

  10. 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

  11. Costs and Compensation of the U.S. Tort System

    October 24, 2018 | Research

    The tort system cost Americans $429 billion in 2016. That's the principal finding from ILR's new research, which arrives at that shocking figure by examining data on liability insurance premiums and estimates of the liability exposure of businesses and individuals that are uninsured or self-insured. The research also indicates that only 57 percent of the $429 billion went to plaintiff compensation. The rest went to lawyers' fees and other expenses.... Read More