International

For a long time, lawsuit abuse was primarily a U.S. problem. But today, a number of developments are raising the risk of U.S.-style abuses spreading abroad.

One development is the spread of class actions outside the United States. To date, countries such as Canada, the UK, France, Germany, Italy, Poland, the Netherlands, 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. In addition, the European Union institutions in Brussels are considering EU-wide class action systems for certain types of claims. While these proposals are not identical to the U.S. system, they can create opportunities for similar abuses, such as settlements that benefit lawyers rather than claimants.

Click below for detailed information on our work outside the United States:

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Research

Before the Flood: An Outline of Oversight Options for Third Party Litigation Funding in England & Wales

April 18, 2016 | This paper examines the ethical and practical concerns that are emerging from the significant expansion of third party litigation funding (TPLF) in the UK, and underscores the need for government oversight of the practice.

Painting an Unsettling Landscape: Canadian Class Actions 2011-2014

March 23, 2015 | This paper expounds upon notable developments in Canadian class actions and provides commentary on how businesses facing putative class actions in Canada can best defend against these lawsuits and participate in potential opportunities for reform.

All Results for International

Australian Litigation Funder Expands to Texas as Industry Faces 'Increased Scrutiny' from Courts

February 22, 2017 | News and Blog

Australia-based third party litigation funder Bentham IMF is expanding to Texas, and has hired Eric Chenoweth, a commercial and intellectual property litigator at Yetter Coleman, to lead its Houston office. Read More »

In the News Today - February 16, 2017

February 16, 2017 | News and Blog

The current asbestos system is plagued by rampant fraud and abuse by plaintiffs' lawyers; this abuse harms both alleged victims and the economy. Thankfully, Congress is taking action to address this by advancing the Furthering Asbestos Claim Transparency (FACT) Act, which passed out of the House Judiciary Committee yesterday. The bill, among other provisions, aims to shine a light on these trusts so that compensation goes to legitimate victims. Read More »

Michigan Endowment to Invest in Litigation Funding

February 15, 2017 | News and Blog

The University of Michigan plans to invest $50 million with a fund co-founded by Boaz Weinstein and Lee Drucker that specializes in litigation strategy. Read More »

In the News Today - February 8, 2017

February 08, 2017 | News and Blog

According to London law firm RPC, the 20 biggest independent litigation funders in the U.K. ballooned from 575 million pounds in 2015 to 723 million pounds in the last year. The firm claims these entities increased litigation funding as they "gear up to fund more businesses pursuing legal dispute." Read More »

In the News Today - February 1, 2017

February 01, 2017 | News and Blog

According to a newly released Pew Research Center study "many Americans lack faith in various public and private institutions to protect their personal information from bad actors." Out of 1,040 adults surveyed, 64 percent reported they have personally experienced a major data breach. Read More »

In the News Today - January 30, 2017

January 30, 2017 | News and Blog

As we enter 2017 with a new administration, new Congress, and renewed hope for legal reform, we are faced with the unsettling fact that the explosive growth of abusive Telephone Consumer Protection Act (TCPA) litigation continues. Read More »

New FTC Chair Will Shift Data Security Focus to Actual Harm

January 27, 2017 | News and Blog

Maureen Ohlhausen was appointed acting chairwoman of the Federal Trade Commission (FTC) this week. Law360 writes that she is likely to steer the FTC "away from privacy and consumer protection issues where consumer harm isn't crystal clear, and could finally answer businesses' long-standing calls for clarity on what exactly constitutes ‘reasonable' data security efforts." Read More »

In the News Today - January 27, 2017

January 27, 2017 | News and Blog

The Mississippi House passed a bill this week that would require the attorney general to receive permission from a three-member board consisting of the state governor, the lieutenant governor, and the secretary of state, before hiring outside counsel to pursue litigation. Read More »

ILR President Lisa Rickard on Third-Party Funding: "A Dubious Proposition"

January 26, 2017 | News and Blog

In an opinion piece for The Recorder, Lisa Rickard, President of the U.S. Chamber Institute for Legal Reform, calls out third-party litigation funding (TPLF) for "undermining our civil justice system by turning it into a risky investment platforms where investors can bet on litigation." Read More »

In the News Today - January 26, 2017

January 26, 2017 | News and Blog

Senator Orrin Hatch writes on the need for mens rea, or "guilty mind," requirements in our courts. He says that in recent years "these crucial protections have eroded through regulatory encroachment and congressional inattention." Read More »

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