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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. Kentucky Chalks Up Two Legal Reform Wins in March

    March 20, 2018 | Blogs

    The University of Kentucky Wildcats are making a strong showing in March Madness, and so is the state legislature. Over the past few weeks, Kentucky has passed two major milestones in legal reform: ensuring transparency in private attorney contracting (TIPAC), and protecting physician peer-review.... Read More

  2. U.S. Chamber Praises Senate Introduction of PROTECT Asbestos Victims Act

    March 16, 2018 | Blogs

    Harold Kim, executive vice president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the introduction of the PROTECT Asbestos Victims Act of 2018 (S. 2564) by Senator Thom Tillis.... Read More

  3. Wisconsin Legal Reform in Peril

    March 16, 2018 | Blogs

    When Governor Walker addressed Wisconsin legislators on January 30, he urged them to "get it done" on legal reform. He was referring to a comprehensive omnibus reform bill that promised to improve the Badger State's lawsuit climate. That was the bill he wanted to sign. But if the plaintiffs' bar gets its way, it won't even reach his desk. ... Read More

  4. 20 Years of ILR Accomplishments: The Class Action Fairness Act

    March 12, 2018 | Blogs

    Starting in 2001, the U.S. Chamber Institute for Legal Reform (ILR) led a successful four-year effort to reform the class action lawsuit system, the biggest legal reform achievement of the last 20 years.... Read More

  5. Junk Science at a Tipping Point?

    March 01, 2018 | Blogs

    Are plaintiffs' lawyers beginning to sound the retreat when it comes to junk science lawsuits falsely claiming that talcum powder causes cancer? A recent development suggests they may be and, if not, they should.... Read More

  6. Faster, Smarter, Better: Creating a Business Court in Georgia

    February 28, 2018 | Blogs

    Georgia businesses will soon see signs of hope-at least, they will if HR 993 becomes law.... Read More

  7. A Smarter and More Rational Approach to Enforcement

    February 27, 2018 | Blogs

    DOJ's old approach to enforcement was a no-holds-barred, win-at-all-costs posture that drained businesses of resources needed to invest in job creation and our economy. Fortunately, today's DOJ has adopted a smarter, more rational enforcement mentality. ... Read More

  8. Justice Advances in the Mountain State

    February 15, 2018 | Blogs

    West Virginia is currently one of only nine states without an intermediate court of appeals (ICA), leaving the five justices of the Supreme Court of Appeals with no filter between them and the 800+ cases that pour in annually from the state's 55 circuit courts. ... Read More

  9. States' Legal Reform Efforts in 2018 - Off and Running

    February 12, 2018 | Blogs

    In the early weeks of 2018, certain states are already pushing forward and making meaningful strides on legal reform.... Read More

  10. Congress Must Take Action as the Asbestos Litigation Machine Rolls On

    January 30, 2018 | Blogs

    At a U.S. Senate Judiciary Committee hearing last fall, John Beisner, a partner at Skadden, Arps, Slate, Meagher & Flom LLP, said the asbestos litigation system "suffers from the abuse inherent to its lack of oversight." ... Read More

  11. Orange Juice Decision Shows the True Silliness of Many Food Lawsuits

    January 30, 2018 | Blogs

    Last week, a New Jersey judge "squeezed out" lawsuits in multidistrict litigation alleging that Tropicana falsely represented its orange juice as "all-natural." The orange juice pun might be silly, but food litigation continues to serve a serious portion of stress and confusion-costing businesses time and money. ... Read More

  1. 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

  2. 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

  3. 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

  4. 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

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

    July 11, 2018 | Press Release

    ... Read More

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

    June 04, 2018 | Press Release

    ... Read More

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  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