There are troubling signs that U.S.-style class action systems are spreading globally. Almost every EU Member State, Canada, Japan, Korea, Hong Kong, Australia, Brazil, Chile, Argentina, and Mexico—to name a few—have all considered or already allow some form of class actions. While these proposals are not identical to the U.S. system, they can create opportunities for similar abuses, such as settlements that unfairly benefit lawyers rather than claimants.
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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
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
The U.S. Chamber Institute for Legal Reform (ILR), and three other associations, strongly urged the District of Columbia Bar Association to reject a proposed rule change that would further the influence of third party litigation funding (TPLF) in the District's legal system.... Read More
Bloomberg Law's 2019 Litigation Finance Industry Survey revealed that lawyers who are interested in litigation financing are more likely to obtain funding for a single case than for a portfolio of cases.... Read More
States Reject First Opioid Settlement Offer; "ALI's Proposed Restatement of Copyrights has the Potential to Harm the Creative Industries;" Financial Times Columnist Says Burford Overstating Claims... Read More
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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.