ILR is leading the business community’s campaign to address irrational enforcement practices that compromise the rule of law, and fundamental fairness. ILR consistently encourages companies and enforcement agencies to work in partnership to most effectively prevent waste, fraud, and corruption. To further that partnership, we encourage, among other things, the adoption of common-sense enforcement policies that result in punishments that are proportional to alleged offenses and incentivize companies to invest and develop compliance programs.
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
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
“Stop Settlement Slush Funds Act of 2016” (U.S. House of Representatives Committee on Judiciary Subcommittee on Regulatory Reform, Commercial and Administrative Law, Dan Lungren on behalf of the U.S. Chamber of Commerce and the U.S. Chamber Institute for Legal Reform)
"If you ain't first, you're last" wasn't just the catchphrase of Ricky Bobby, the fictional race car driver from Talladega Nights; until last week, it was also the policy of the U.S. Department of Justice (DOJ) Antitrust Division when it came to companies reporting antitrust violations. ... Read More
In a new op-ed in The Wall Street Journal, U.S. Chamber of Commerce General Counsel John Wood explains why a simple-sounding proposal from Sen. Elizabeth Warren, which makes company executives criminally liable for actions that now are considered basic negligence, would "upend hundreds of years of U.S. legal tradition and wreak havoc in boardrooms." ... Read More
The Department of Justice has publicized at least 12 Foreign Corrupt Practices Act (FCPA) cases in which prosecutors have declined to charge companies who self-reported wrongdoing, the Wall Street Journal reports...... Read More