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California Legislature Refuses to Rein in Misleading Drug Lawsuit Ads

July 12, 2018

California plaintiffs' lawyers came out in force last week to stop a bill that would make deceptive drug lawsuit advertising by lawyers a violation of the state's major consumer protection law. The bill was unanimously passed by the California Assembly in May, but a hearing scheduled before the state Senate Judiciary Committee for July 3 was abruptly cancelled after the politically-powerful group, Consumer Attorneys of California, voiced its opposition.

  1. In the News Today - July 13, 2018

    July 13, 2018 | News

    "Chevron's Longtime Nemesis Hits the End of the Road"... Read More

  2. Benczkowski Confirmation Signals DOJ's Continued Movement Towards "Fairness and the Rule of Law"

    July 13, 2018 | News

    Though all eyes are on Judge Brett Kavanaugh's Supreme Court confirmation process, Wednesday's confirmation of Brian Benczkowski as the new assistant attorney general of the U.S. Department of Justice's (DOJ) criminal division is "a big deal in its own right," according to an op-ed in the Washington Examiner.... Read More

  3. California Legislature Refuses to Rein in Misleading Drug Lawsuit Ads

    July 12, 2018 | Blogs

    California plaintiffs' lawyers came out in force last week to stop a bill that would make deceptive drug lawsuit advertising by lawyers a violation of the state's major consumer protection law. The bill was unanimously passed by the California Assembly in May, but a hearing scheduled before the state Senate Judiciary Committee for July 3 was abruptly cancelled after the politically-powerful group, Consumer Attorneys of California, voiced its opposition. ... Read More

  4. In the News Today - July 12, 2018

    July 12, 2018 | News

    Calif. Lawmaker Who Killed Trial Lawyer Advertising Bill Accepted $650K In Contributions From Lawyers; "Moving Toward Disclosure of Third-Party Funding in Litigation;" West Virginia State Supreme Court Justice Resigns... Read More

  5. ILR's Lawsuit Climate Survey Used by CNBC to Rank the "Top States for Business"

    July 12, 2018 | News

    CNBC used data from the U.S. Chamber Institute for Legal Reform's (ILR) 2017 Lawsuit Climate Survey: Ranking the States when putting together its annual "Top States for Business in America" report this year.... Read More

  6. Securities Class Action Lawsuits Remain Near 2017 Record High

    July 12, 2018 | Blogs

    The chances of a company being sued in a securities class action lawsuit are higher now than at any time in the 20 years since Congress passed the Private Securities Litigation Reform Act (PSLRA), which rewrote the rules for modern securities fraud litigation in 1995. ... Read More

  7. In the News Today - July 11, 2018

    July 11, 2018 | News

    Bestwall Lawyers Push Back on Asbestos Plaintiffs' Lawyers Attempt to Hire Four New Firms; New Report Finds Cost of Securities Litigation Has Skyrocketed in Recent Years... Read More

  8. New ILR Research Finds EU Consumers Are Skeptical of New Collective Action Proposal

    July 11, 2018 | News

    A survey released by the U.S. Chamber Institute for Legal Reform (ILR) found that only 13 percent of European consumers support the European Commission's proposal on collective actions as it is currently written. ... Read More

  9. Senate Must Confirm Brian Benczkowski Today

    July 11, 2018 | Blogs

    Today the U.S. Senate is scheduled to vote on confirming Brian Benczkowski to this key post, which will allow DOJ to continue on its path of reining in over-enforcement against American companies. ... Read More

  10. Survey: Only 13 Percent of Consumers Support European Commission's Current Collective Action Lawsuit Proposal

    July 11, 2018 | Press Release

    ... Read More

  11. A 'Fair Deal' for Consumers? An Update on EU Consumer Attitudes Towards Collective Actions and Litigation Funding

    July 11, 2018 | Research

    As the European Commission's proposal on collective actions (known as class actions in the United States) makes its way through the European Union's legislative process, it is important to assess EU consumer opinion of the proposal and the safeguards included (and not included) in the legislation. This survey captured the views of 5,097 consumers across five EU Member States.... Read More

  1. In the News Today - July 13, 2018

    July 13, 2018 | News

    "Chevron's Longtime Nemesis Hits the End of the Road"... Read More

  2. Benczkowski Confirmation Signals DOJ's Continued Movement Towards "Fairness and the Rule of Law"

    July 13, 2018 | News

    Though all eyes are on Judge Brett Kavanaugh's Supreme Court confirmation process, Wednesday's confirmation of Brian Benczkowski as the new assistant attorney general of the U.S. Department of Justice's (DOJ) criminal division is "a big deal in its own right," according to an op-ed in the Washington Examiner.... Read More

  3. In the News Today - July 12, 2018

    July 12, 2018 | News

    Calif. Lawmaker Who Killed Trial Lawyer Advertising Bill Accepted $650K In Contributions From Lawyers; "Moving Toward Disclosure of Third-Party Funding in Litigation;" West Virginia State Supreme Court Justice Resigns... Read More

  4. ILR's Lawsuit Climate Survey Used by CNBC to Rank the "Top States for Business"

    July 12, 2018 | News

    CNBC used data from the U.S. Chamber Institute for Legal Reform's (ILR) 2017 Lawsuit Climate Survey: Ranking the States when putting together its annual "Top States for Business in America" report this year.... Read More

  5. In the News Today - July 11, 2018

    July 11, 2018 | News

    Bestwall Lawyers Push Back on Asbestos Plaintiffs' Lawyers Attempt to Hire Four New Firms; New Report Finds Cost of Securities Litigation Has Skyrocketed in Recent Years... Read More

  6. New ILR Research Finds EU Consumers Are Skeptical of New Collective Action Proposal

    July 11, 2018 | News

    A survey released by the U.S. Chamber Institute for Legal Reform (ILR) found that only 13 percent of European consumers support the European Commission's proposal on collective actions as it is currently written. ... Read More

  7. In the News Today - July 10, 2018

    July 10, 2018 | News

    Examining California's New Data Privacy Law... Read More

  8. New Claims in Boulder's Climate Lawsuit Sends it to Federal Court

    July 10, 2018 | News

    The lawsuit filed by the city of Boulder, Colorado, against major energy companies over the potential effects of climate change is now headed to federal court, Legal Newsline reports.... Read More

  9. In the News Today - July 9, 2018

    July 09, 2018 | News

    Argentine Court Rejects Attempt to Enforce Ecuadorian Judgment Against Chevron; Impeachment Proceedings Against West Virginia Supreme Court Justice to Resume This Week... Read More

  10. Securities Lawsuits Filed at a "Torrid Pace" in Year's First Half

    July 09, 2018 | News

    The number of securities lawsuit filings in the first six months of 2018 project a year-end total that would more than double the annual average between 1996 and 2016, according to D&O Diary's Kevin LaCroix.... Read More

  11. In the News Today - July 3, 2018

    July 03, 2018 | News

    Pace of Securities Lawsuits on Track to Match Historic Highs of 2017; Civil Justice Advocate to Investigate "Objector Blackmail" in Chicago Class Action... Read More

  1. California Legislature Refuses to Rein in Misleading Drug Lawsuit Ads

    July 12, 2018 | Blogs

    California plaintiffs' lawyers came out in force last week to stop a bill that would make deceptive drug lawsuit advertising by lawyers a violation of the state's major consumer protection law. The bill was unanimously passed by the California Assembly in May, but a hearing scheduled before the state Senate Judiciary Committee for July 3 was abruptly cancelled after the politically-powerful group, Consumer Attorneys of California, voiced its opposition. ... Read More

  2. Securities Class Action Lawsuits Remain Near 2017 Record High

    July 12, 2018 | Blogs

    The chances of a company being sued in a securities class action lawsuit are higher now than at any time in the 20 years since Congress passed the Private Securities Litigation Reform Act (PSLRA), which rewrote the rules for modern securities fraud litigation in 1995. ... Read More

  3. Senate Must Confirm Brian Benczkowski Today

    July 11, 2018 | Blogs

    Today the U.S. Senate is scheduled to vote on confirming Brian Benczkowski to this key post, which will allow DOJ to continue on its path of reining in over-enforcement against American companies. ... Read More

  4. California Coffee Kills

    July 03, 2018 | Blogs

    Or at least, that's what the state's Proposition 65 law might lead you to believe.... Read More

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  1. Survey: Illinois' Lawsuit Climate Again Ranks Among Nation's Worst

    September 12, 2017 | Press Release

    WASHINGTON, D.C. - For the second time since 2015, Illinois' lawsuit climate ranked number 48 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). Illinois has been in the bottom five states for the past decade.... Read More

  2. Survey: Delaware Dethroned As Best State Lawsuit Climate

    September 12, 2017 | Press Release

    WASHINGTON, D.C. - After ranking as the top state in every previous survey, Delaware's lawsuit climate ranked number 11 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). South Dakota replaced Delaware as the top-ranked state. ... Read More

  3. Survey: California's Lawsuit Climate Again Ranks Among Nation's Worst

    September 12, 2017 | Press Release

    WASHINGTON, D.C. - For the third time since 2012, California's lawsuit climate ranked number 47 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). California has been in the bottom 10 states since the survey began in 2002.... Read More

  4. Report: Telephone Consumer Protection Act Lawsuits Up Nearly 50 Percent Following FCC Action

    August 31, 2017 | Press Release

    A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows that lawsuits filed under the Telephone Consumer Protection Act (TCPA) surged following a 2015 declaratory order by the Federal Communications Commission (FCC) that loosened the standards for filing such suits.... Read More

  5. U.S. Chamber Report: New York Asbestos Court's Rules Are Ripe For Exploitation By Plaintiffs' Lawyers

    August 03, 2017 | Press Release

    A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows rules that recently took effect at the New York County Asbestos Litigation (NYCAL) unit are prone to exploitation by plaintiffs' lawyers and could hurt future asbestos claimants.... Read More

  6. Survey: Rx Drug Lawsuit Ads Could Scare Millions Out Of Taking their Medications

    June 22, 2017 | Press Release

    One in four Americans taking certain prescribed medicines say they would stop taking them immediately-without consulting their doctor-after seeing ads promoting lawsuits against the drugs' manufacturers, according to a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR).... Read More

  7. U.S. Chamber Report: Ohio Law to Curb "Double Dip" Asbestos Claims Ensures Fairness Without Burdening Plaintiffs

    May 04, 2017 | Press Release

    A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) highlights how Ohio's asbestos trust transparency law has been effective at discouraging fraud and abuse without compromising the interests of plaintiffs. Ohio enacted its law in 2013 to prevent plaintiffs' lawyers from gaming the asbestos litigation system by making inconsistent claims in asbestos lawsuits and before asbestos bankruptcy trusts.... Read More

  8. U.S. Chamber Commends West Virginia Governor for Passing Legislation to Curb Frivolous Lawsuits

    April 24, 2017 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today on passage of S.B. 563 to reduce frivolous lawsuits and improve the business climate in the state of West Virginia. The bill was signed by Gov. James Justice on April 24.... Read More

  9. Overwhelming Majority of Consumers Feel Lawsuits Should Not "Regulate" Technology

    March 29, 2017 | Press Release

    ... Read More

  10. U.S. Chamber Commends Missouri Governor for Signing Legislation to Improve Expert Evidence Standards

    March 28, 2017 | Press Release

    Lisa A. Rickard, President of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today on passage of H.B. 153 to address expert evidence standards and ensure junk science is kept out of courts in the state of Missouri. The bill was signed by Gov. Eric Greitens on March 28th. ... Read More

  11. U.S. Chamber Report: Class Action Litigation Systems in Europe Are Open to Abuse

    March 21, 2017 | Press Release

    A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows collective redress litigation models, known as class actions in the U.S., are proliferating across Europe, but the systems are developing without safeguards to protect consumers and employers.... Read More

  1. A 'Fair Deal' for Consumers? An Update on EU Consumer Attitudes Towards Collective Actions and Litigation Funding

    July 11, 2018 | Research

    As the European Commission's proposal on collective actions (known as class actions in the United States) makes its way through the European Union's legislative process, it is important to assess EU consumer opinion of the proposal and the safeguards included (and not included) in the legislation. This survey captured the views of 5,097 consumers across five EU Member States.... Read More

  2. Lighting the Way: FCA Reform and Compliance Program Credit

    June 27, 2018 | Research

    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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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