Research

01/01/2019

Featured Research

  • ILR Briefly: Third Party Litigation Funding in Qui Tam False Claims Act

    ILR Briefly: Third Party Litigation Funding in Qui Tam False Claims Act

    July 17, 2020

    In addition to investing in portfolios of private lawsuits, third party litigation funders have started financing qui tam False Claims Act cases brought on behalf of the U.S. government. The catch is that up until very recently, the government had no insight into whether funders were involved or the level of control they exerted. That changed in June 2020, when the Department of Justice announced a policy change to start shedding some light on this opaque practice. Read More

  • ILR Research Review Volume 7 Issue 1

    ILR Research Review Volume 7 Issue 1

    June 29, 2020

    This edition of the ILR Research Review contains research examining the myriad liability challenges flowing from COVID-19 and describing potential administrative and legislative solutions, as well as papers dedicated to the ongoing crisis in securities litigation, the growth of and problems with the third party litigation funding industry, and insights into the strategy behind trial lawyer advertising. Read More


All Results for Research

  1. 2019 Winter | ILR Research Review | Volume 6, Issue 3

    December 19, 2019 | Research

    Our Winter 2019 Research Review looks at a number of legal trends that are creating increasingly complex litigation and compliance burdens for companies-leaving the door open for plaintiffs' lawyers to profit.... Read More

  2. Mapping a Privacy Path: Liability and Enforcement Recommendations for States

    December 12, 2019 | Research

    When it comes to data privacy, the only way to effectively protect consumers' personal information while providing certainty and clarity to businesses is to create a single, preemptive, federal data privacy standard. However, until and unless Congress can provide such a standard, state lawmakers are obliged to step in and create state-level protections. Recognizing this reality, ILR's research offers state legislators a guide to limit unintended consequences of state privacy and security laws by preventing unnecessary litigation.... Read More

  3. Trials and Tribulations: Contending with Bellwether and Multi-Plaintiff Trials in MDL Proceedings

    October 21, 2019 | Research

    Multidistrict litigation (MDL) proceedings are a key feature of our civil justice system, designed to offer an efficient path through pretrial proceedings in large groups of cases against the same defendant(s). Unfortunately, some judges are undermining the integrity of this mechanism by conducting MDL "bellwether trials" with the express intent of incentivizing parties to settle. Some MDL judges even force defendants to accept multi-plaintiff bellwether trials, which effectively stack the deck against them. ILR's research examines the impact of this problem, and proposes straightforward legislative fixes to address it. ... Read More

  4. Uncharted Waters: Analysis of TPLF in European Collective Redress

    October 15, 2019 | Research

    Third party litigation funding-the practice of hedge funds investing in litigation in exchange for a cut of the proceeds-has begun to take root in Europe. Unfortunately, an almost total lack of transparency and regulation means that even as its supporters promise greater "access to justice," TPLF threatens the integrity of European civil justice systems. This ILR research paper details the state of play for TPLF in Europe and around the world, and urges EU legislators to take up a number of specific reforms to protect consumers and businesses.... Read More

  5. 2019 Lawsuit Climate Survey: Ranking the States

    September 17, 2019 | Research

    The 2019 Lawsuit Climate Survey: Ranking the States was conducted for the U.S. Chamber Institute for Legal Reform by The Harris Poll to explore how fair and reasonable state liability systems are perceived to be by U.S. businesses... Read More

  6. 101 Ways to Improve State Legal Systems: A User's Guide to Promoting Fair and Effective Civil Justice - Sixth Edition 2019

    September 17, 2019 | Research

    A user's guide to state legal reforms, providing policymakers with an array of options available to foster a sound legal system and promote states' economies. This resource also offers a compilation of recently-enacted legal reforms to show how legislators can move the proposals described in the guide from theory into practice.... Read More

  7. ILR Research Review, Volume 6, Issue 2

    September 10, 2019 | Research

    This edition of the ILR Research Review covers four developments that represent a cross-section of the litigation challenges facing the American business community today, including: municipality lawsuits against energy producers; the unsuitability of private rights of action for protecting privacy; the enduring value of arbitration; and the urgent need to ensure fairness for defendants in multidistrict litigation proceedings.... Read More

  8. Litigation vs. Restoration: Addressing Louisiana's Coastal Land Loss

    August 08, 2019 | Research

    The oil and gas industry is a fundamental driver of Louisiana's economy, but it is currently threatened by an unprecedented number and variety of coastal land loss litigation. This paper documents the history of the oil and gas industry in Louisiana, the inconsistent pressures being exerted by landowners and the state, and the array of litigation against it. The paper also calls on state and local officials to collaborate with companies to restore the state's coastline, rather than engaging in costly litigation that detracts from true remediation and restoration efforts.... Read More

  9. 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

  10. 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