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New Compliance Guidance Shows The DOJ's Continued Commitment to Defending Rule of Law

October 18, 2018

While some of the U.S. is caught up in post-season baseball, the legal community is paying close attention to the Department of Justice (DOJ), which keeps knocking out policy home runs.

  1. In the News Today - November 19, 2018

    November 19, 2018 | News

    "Class Cy Pres Settlements Are A Troubling Practice"... Read More

  2. Insurance Lawyer: Litigation Funding and Class Actions Creating "Perfect Storm" in New Zealand

    November 19, 2018 | News

    An insurance lawyer from New Zealand told the Lawfuel blog that third party litigation funding and class action lawsuits can generate "a perfect storm for the insurance market in New Zealand."... Read More

  3. In the News Today - November 16, 2018

    November 16, 2018 | News

    A New Trend That May Add "Significant Cost and Complexity to the World of M&A Litigation"... Read More

  4. Recent Settlement Could Be First Test of Northern California's New Settlement Rules

    November 16, 2018 | News

    Lawyers have submitted new information to the Northern District of California judge that oversaw the $85 million Yahoo data breach settlement in what National Law Journal says could be the "first test case" for the court's new class settlement guidance. ... Read More

  5. In the News Today - November 15, 2018

    November 15, 2018 | News

    Is the Scope of Illinois' Biometric Privacy Law Expanding?; California Jury Clears Johnson & Johnson in Talc Case... Read More

  6. SCOTUS "May Upend TCPA Litigation Landscape"

    November 15, 2018 | News

    A pending decision from the U.S. Supreme Court may "change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation" under the Telephone Consumer Protection Act (TCPA), Law360 reports.... Read More

  7. In the News Today - November 14, 2018

    November 14, 2018 | News

    NHL Settles Concussion Lawsuit with Former Players for $19 Million... Read More

  8. European Union Data Protection Law Stymies Mergers, Complicates Deals

    November 14, 2018 | News

    Over half of the 539 mergers and acquisitions professionals surveyed by business services provider Merrill Corp. indicate that they have worked on merger deals that have fallen apart because...... Read More

  9. In the News Today - November 13, 2018

    November 13, 2018 | News

    Bipartisan Lawmakers, Tech Industry Leaders Advocate ‘Thoughtful' Tech Regulation ... Read More

  10. Proxy Advisors Push Politics in Boardrooms

    November 13, 2018 | News

    An alliance of fund managers and proxy advisors are doing their best to inject partisan politics into corporate decision-making, according to an op-ed in The Hill...... Read More

  11. In the News Today - November 12, 2018

    November 12, 2018 | News

    Loughry Resigns From Supreme Court; Harris/Finn Partners Survey Reveals Data Privacy is Top Concern...... Read More

  1. In the News Today - November 19, 2018

    November 19, 2018 | News

    "Class Cy Pres Settlements Are A Troubling Practice"... Read More

  2. Insurance Lawyer: Litigation Funding and Class Actions Creating "Perfect Storm" in New Zealand

    November 19, 2018 | News

    An insurance lawyer from New Zealand told the Lawfuel blog that third party litigation funding and class action lawsuits can generate "a perfect storm for the insurance market in New Zealand."... Read More

  3. In the News Today - November 16, 2018

    November 16, 2018 | News

    A New Trend That May Add "Significant Cost and Complexity to the World of M&A Litigation"... Read More

  4. Recent Settlement Could Be First Test of Northern California's New Settlement Rules

    November 16, 2018 | News

    Lawyers have submitted new information to the Northern District of California judge that oversaw the $85 million Yahoo data breach settlement in what National Law Journal says could be the "first test case" for the court's new class settlement guidance. ... Read More

  5. In the News Today - November 15, 2018

    November 15, 2018 | News

    Is the Scope of Illinois' Biometric Privacy Law Expanding?; California Jury Clears Johnson & Johnson in Talc Case... Read More

  6. SCOTUS "May Upend TCPA Litigation Landscape"

    November 15, 2018 | News

    A pending decision from the U.S. Supreme Court may "change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation" under the Telephone Consumer Protection Act (TCPA), Law360 reports.... Read More

  7. In the News Today - November 14, 2018

    November 14, 2018 | News

    NHL Settles Concussion Lawsuit with Former Players for $19 Million... Read More

  8. European Union Data Protection Law Stymies Mergers, Complicates Deals

    November 14, 2018 | News

    Over half of the 539 mergers and acquisitions professionals surveyed by business services provider Merrill Corp. indicate that they have worked on merger deals that have fallen apart because...... Read More

  9. In the News Today - November 13, 2018

    November 13, 2018 | News

    Bipartisan Lawmakers, Tech Industry Leaders Advocate ‘Thoughtful' Tech Regulation ... Read More

  10. Proxy Advisors Push Politics in Boardrooms

    November 13, 2018 | News

    An alliance of fund managers and proxy advisors are doing their best to inject partisan politics into corporate decision-making, according to an op-ed in The Hill...... Read More

  11. In the News Today - November 12, 2018

    November 12, 2018 | News

    Loughry Resigns From Supreme Court; Harris/Finn Partners Survey Reveals Data Privacy is Top Concern...... Read More

  1. New Compliance Guidance Shows The DOJ's Continued Commitment to Defending Rule of Law

    October 18, 2018 | Blogs

    While some of the U.S. is caught up in post-season baseball, the legal community is paying close attention to the Department of Justice (DOJ), which keeps knocking out policy home runs.... Read More

  2. Over a Dozen Business Groups Sign Joint Statement Against EU Collective Action Proposal as Drafted

    October 08, 2018 | Blogs

    Today, my organization, the U.S. Chamber Institute for Legal Reform, joined 12 other European business associations to petition EU policymakers to make meaningful, commonsense changes to the European Commission's collective action proposal before they create a litigation industry across the Europe. ... Read More

  3. Did the Telephone Consumer Protection Act Just Get Even Worse for Small Businesses?

    September 17, 2018 | Blogs

    Though it may have started as a well-intentioned law from 1991, we now know how plaintiffs' lawyers and professional plaintiffs have twisted the Telephone Consumer Protection Act (TCPA) for financial gain... Read More

  4. Department of Justice Guides the Way on Enforcement

    September 14, 2018 | Blogs

    In January, the Department of Justice (DOJ) issued a memo by then-Associate Attorney General Rachel Brand which prevents DOJ attorneys from turning agency guidelines into binding legal rules in enforcement actions. This was a welcome-and much needed-development for businesses, and a signal the DOJ is committed to promoting the rule of law. ... Read More

  5. House Diversity Bill Would Create Fair Treatment for All

    September 12, 2018 | Blogs

    The Judiciary Committee of the U.S. House of Representatives has the chance to close a loophole in our court system on a favored tactic of plaintiffs' lawyers: forum shopping. This allows plaintiffs' lawyers to "shop" their lawsuits around to different states in search of a friendly court that will award big settlements. Often, the lawsuits have no ties to the state where the case is eventually filed. ... Read More

  6. Mission Drift at the American Law Institute

    August 28, 2018 | Blogs

    The American Law Institute (ALI) is drifting further away from its original mission of crafting clear Restatements of the Law for use by judges and legislators. ... Read More

  7. 20 Years of Tech: How ILR Has Led the Legal Conversation on Emerging Technologies

    August 21, 2018 | Blogs

    ILR continues to confront new issues by identifying trends and applying the latest strategies and tactics to advocate for key legal reforms. ... Read More

  8. A Big Win for Integrity: New York City Bar Association Rules Out Splitting Fees With Investors

    August 16, 2018 | Blogs

    One of the most influential bar associations in the country has voiced a full-throated condemnation of a core element of the litigation funding business model: promising a percentage of anticipated fees in exchange for cash.... Read More

  9. Why is a Securities Class Action Lawsuit In Massachusetts Causing a Stir in the Arkansas Legislature?

    August 06, 2018 | Blogs

    Boston and Little Rock are more than 1,200 miles apart, but a $300 million settlement in a securities class action lawsuit has developments in the former causing concerns in the latter. ... Read More

  10. From Theory to Practice: DOJ Asserts Its Rightful Authority

    August 01, 2018 | Blogs

    For more than 30 years, the Department of Justice (DOJ) has largely declined to take action against frivolous litigation under the False Claims Act (FCA)-but that's starting to change.... Read More

  11. 20 Years of ILR Accomplishments: Lending a Helping Hand to a Local Business

    July 23, 2018 | Blogs

    On May 3, 2005, the Chung family opened up their dry cleaning store in Washington, D.C. for what should have been a normal day of business. Thirteen years later, the District of Columbia Board on Professional Responsibility recommended one of the Chung's customers from that day be suspended from his profession.... Read More

  1. Survey: New Jersey's Lawsuit Climate Ranking Hits All-Time Low

    September 12, 2017 | Press Release

    WASHINGTON, D.C. - In its worst showing ever, New Jersey's lawsuit climate ranked number 41 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). In 2006, New Jersey ranked number 25 in the same survey.... Read More

  2. Missouri's Leaders Work to Improve Lawsuit Climate as New Survey Shows State's Ranking has Slipped

    September 12, 2017 | Press Release

    WASHINGTON, D.C. - Missouri's lawsuit climate fell to 49th out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). The low ranking comes at the very time that Missouri's governor and legislature have passed significant legal reforms designed to fix the problem that the survey highlights.... Read More

  3. Survey: Louisiana's Lawsuit Climate Ranked As Nation's Worst

    September 12, 2017 | Press Release

    WASHINGTON, D.C. - For the first time, Louisiana's lawsuit climate ranked 50th -- the worst in the nation -- according to a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). Louisiana had ranked 49th in the four previous surveys.... Read More

  4. Survey: Kentucky's Lawsuit Climate Ranking Hits All-Time Low

    September 12, 2017 | Press Release

    WASHINGTON, D.C. - Kentucky's lawsuit climate ranked number 42 out of 50 in a new national survey released today by the U.S. Chamber Institute for Legal Reform (ILR). However, Gov. Matt Bevin and the state legislature have made tort reform a priority, passing key reforms that lay the groundwork for raising the state's rank in future surveys. This effort comes at a critical time-an all-time high 85 percent of survey participants said that a state's lawsuit environment is likely to impact their company's decisions about where to locate or expand.... Read More

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  1. 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

  2. A Rising Threat: The New Class Action Racket That Harms Investors and the Economy

    October 24, 2018 | Research

    Abusive securities class action lawsuits are imposing huge costs on investors without providing any benefit, and the only winners are the lawyers, who take home millions of dollars in fees. This research documents how the plaintiffs' bar has adapted to the litigation reforms of the ‘90s to launch a new wave of securities class actions-one that is already reaching record heights.... Read More

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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