Federal

The federal government and the states each play an important role in addressing the problem of lawsuit abuse. While for the past several years most legal reform activity has occurred at the state level, with states enacting several effective, high-profile reforms, many important legal reforms have also been enacted and implemented at the federal level. With the changing political landscape, an increase in legal reform action at the federal level can be expected. 

Congress is currently considering a number of important legal reform proposals that would help restore balance to America's civil justice system. These include asbestos litigation reform, mandatory sanctions for filling frivolous litigation, protecting innocent parties from being unfairly or fradulently joines into a lawsuit, class action and multi-district litigation reforms, increased certainty where the Foreign Corrupt Practices Act (FCPA) is concerned, and reform of over-broad laws that threaten individuals and business with criminal prosecution absent any criminal intent, among others.

In addition to these proactive legal reform efforts, there is a need to defend against efforts by the plaintiffs’ bar to expand liability in Congress, federal courts, and regulatory agencies.

Research

Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

May 26, 2016 | This paper documents compelling examples of over-enforcement abuses, and offers details of the wide-ranging and interrelated ways government enforcement actions impact American businesses.

Insights & Inconsistencies: Lessons from the Garlock Trust Claims

February 19, 2016 | This report analyzes asbestos bankruptcy trust claims forms from the recent Garlock bankruptcy to address patterns of inconsistent and fraudulent claiming from one trust to another.

All Results for Federal

In the News Today - December 12, 2017

December 12, 2017 | News and Blog

Why Companies Should Prepare for More Data Breach Lawsuits Read More »

"Shine A Light On 3rd-Party Litigation Funding"

December 12, 2017 | News and Blog

Referencing third party litigation funding in a Law360 op-ed, Skadden partner John Beisner said the U.S. legal system must "shed light on a practice that has largely operated under a veil of secrecy." Read More »

In the News Today - December 11, 2017

December 11, 2017 | News and Blog

Insurance Commissioners Roll Out Model Cybersecurity Law; New York Plaintiffs' Firm Has Filed At Least 140 Website Accessibility Lawsuits since 2015 Read More »

Judge Blocks Lawsuit Lenders from NFL Settlement

December 11, 2017 | News and Blog

U.S. District Judge Anita Brody of the Eastern District of Pennsylvania said third party funders and lawsuit lenders who "failed to perform proper due diligence" are "prohibited from now reaping the benefit" of their loans, reports The Legal Intelligencer. Read More »

In the News Today - December 8, 2017

December 08, 2017 | News and Blog

Alabama SC: Settlement schedule violates due process rights, class members deserve more information Read More »

U.S.-Style "Follow-On" Securities Lawsuits on the Rise Internationally

December 08, 2017 | News and Blog

Following governmental regulatory or enforcement action with civil securities lawsuits is a well-established practice in the U.S. The Australian suit against Crown Resorts indicates the practice might be on the rise outside the U.S. as well, writes Kevin LaCroix of D&O Diary. Read More »

In the News Today - December 7, 2017

December 07, 2017 | News and Blog

7th Circ. Wary Of Reviving Barnes & Noble Breach Action; 3rd Circuit says Marathon can challenge Delaware law later Read More »

Insurers, Particularly Start-Ups, At Risk Under "Expanding TCPA Scope"

December 07, 2017 | News and Blog

Insurers, particularly start-up agencies "who need to do everything they can to attract customers," are at greater risk of being sued under the "expanding TCPA scope," writes Insurance News Net. Read More »

In the News Today - December 6, 2017

December 06, 2017 | News and Blog

UM endowment to invest in Y Combinator, litigation fund; Profs Fight For Clarity On Class Cert. In Securities Suits Read More »

In the News Today - December 5, 2017

December 05, 2017 | News and Blog

Bipartisan Group of Congress Members Ask FCC for New TCPA Clarifications; California self-driving rule tweaks boost manufacturer liability Read More »

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