News & Blog

A Handful of Plaintiffs' Lawyers Dominate MDL Litigation

April 28, 2017 | A recent story from Reuters writes that consolidated multidistrict litigation (MDL) "comprised 36 percent of the entire civil caseload of the federal court system in 2014, up from 16 percent in 2002."

In the News Today - April 28, 2017

April 28, 2017 | Three years ago the legal issues surrounding drones had law firms creating new practice groups. Now some lawyers are seeing glimmers of a future when vertical takeoff and landing aircraft (VTOL) may be both a transport option and a business opportunity for their firms.

A Handful of Plaintiffs' Lawyers Dominate MDL Litigation

April 28, 2017 | News and Blog

A recent story from Reuters writes that consolidated multidistrict litigation (MDL) "comprised 36 percent of the entire civil caseload of the federal court system in 2014, up from 16 percent in 2002." Read More »

In the News Today - April 28, 2017

April 28, 2017 | News and Blog

Three years ago the legal issues surrounding drones had law firms creating new practice groups. Now some lawyers are seeing glimmers of a future when vertical takeoff and landing aircraft (VTOL) may be both a transport option and a business opportunity for their firms. Read More »

"Frequent TCPA Lawyer" Settles Lawsuits

April 27, 2017 | News and Blog

Forbes/Legal Newsline reports that a lawsuit between a "prolific plaintiffs' lawyer" and a defendant accusing him and his plaintiff of manufacturing lawsuits has been settled. Read More »

In the News Today - April 27, 2017

April 27, 2017 | News and Blog

A recent ruling from the Texas Supreme Court in USAA Texas Lloyds C. v. Menchaca, set forth five rules addressing the relationship between contract claims under an insurance policy and tort claims under the Texas Insurance Code. Read More »

California Judge "Dares Plaintiffs' Lawyers to Go After Clients for Fees"

April 26, 2017 | News and Blog

Earlier this week, U.S. District Judge Charles Breyer denied motions by 244 plaintiffs' lawyers who wanted Volkswagen to pay them for the time they spent on the clean diesel case, writes Reuters. Read More »

In the News Today - April 26, 2017

April 26, 2017 | News and Blog

Yesterday the Senate confirmed Maryland U.S. Attorney Rod Rosenstein as the deputy attorney general in a bipartisan vote. Rosenstein, who with 11 years on the job is the longest-serving U.S. attorney, has worked for both Republican and Democratic administrations. He took on his current role after unanimous Senate confirmation in July 2005, but his tenure with the DOJ dates back to 1990. Read More »

Supreme Court Has Opportunity to "Upend" Trial Lawyer Litigation Tourism, A Direct "Violation of Federalism and Due Process"

April 25, 2017 | News and Blog

Today, in Bristol Meyers Squibb v. Superior Court of California, the U.S. Supreme Court will consider whether some 600 plaintiffs who live outside California can sue Bristol Meyers Squibb, a New York based company, in California for alleged injuries related to the drug Plavix. Read More »

In the News Today - April 25, 2017

April 25, 2017 | News and Blog

Yesterday marks the start of the first bellwether trial over blood thinner Xarelto in New Orleans. Xarelto has "become the poster child for critics of unbridled plaintiffs' attorney advertising" because these ads invite meritless cases and the dire warnings put patients at risk by convincing them to stop taking their medications. Read More »

Lawsuits Cost West Virginia

April 24, 2017 | News and Blog

As a West Virginia state legislator, Kayla Kessinger is no stranger to the debate surrounding the state's business and lawsuit climate. "In order to bring jobs into this state, we have to make West Virginia more competitive," Kessinger told Faces of Lawsuit Abuse. "And one of the biggest areas where we're lacking is in tort reform. Read More »

U.S. Chamber Commends West Virginia Governor for Passing Legislation to Curb Frivolous Lawsuits

April 24, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today on passage of S.B. 563 to reduce frivolous lawsuits and improve the business climate in the state of West Virginia. The bill was signed by Gov. James Justice on April 24. Read More »

Time to Revisit the Yates Memo?

April 24, 2017 | News and Blog

Recent years within the Department of Justice (DOJ) have seen a notable shift in emphasis from "prosecutorial discretion to institutional incentives that drive a mercenary hunt for human scalps and colossal fines," writes Robert Bork Jr. in Forbes. Read More »

A Handful of Plaintiffs' Lawyers Dominate MDL Litigation

April 28, 2017 | News and Blog

A recent story from Reuters writes that consolidated multidistrict litigation (MDL) "comprised 36 percent of the entire civil caseload of the federal court system in 2014, up from 16 percent in 2002." Read More »

In the News Today - April 28, 2017

April 28, 2017 | News and Blog

Three years ago the legal issues surrounding drones had law firms creating new practice groups. Now some lawyers are seeing glimmers of a future when vertical takeoff and landing aircraft (VTOL) may be both a transport option and a business opportunity for their firms. Read More »

"Frequent TCPA Lawyer" Settles Lawsuits

April 27, 2017 | News and Blog

Forbes/Legal Newsline reports that a lawsuit between a "prolific plaintiffs' lawyer" and a defendant accusing him and his plaintiff of manufacturing lawsuits has been settled. Read More »

In the News Today - April 27, 2017

April 27, 2017 | News and Blog

A recent ruling from the Texas Supreme Court in USAA Texas Lloyds C. v. Menchaca, set forth five rules addressing the relationship between contract claims under an insurance policy and tort claims under the Texas Insurance Code. Read More »

California Judge "Dares Plaintiffs' Lawyers to Go After Clients for Fees"

April 26, 2017 | News and Blog

Earlier this week, U.S. District Judge Charles Breyer denied motions by 244 plaintiffs' lawyers who wanted Volkswagen to pay them for the time they spent on the clean diesel case, writes Reuters. Read More »

In the News Today - April 26, 2017

April 26, 2017 | News and Blog

Yesterday the Senate confirmed Maryland U.S. Attorney Rod Rosenstein as the deputy attorney general in a bipartisan vote. Rosenstein, who with 11 years on the job is the longest-serving U.S. attorney, has worked for both Republican and Democratic administrations. He took on his current role after unanimous Senate confirmation in July 2005, but his tenure with the DOJ dates back to 1990. Read More »

Supreme Court Has Opportunity to "Upend" Trial Lawyer Litigation Tourism, A Direct "Violation of Federalism and Due Process"

April 25, 2017 | News and Blog

Today, in Bristol Meyers Squibb v. Superior Court of California, the U.S. Supreme Court will consider whether some 600 plaintiffs who live outside California can sue Bristol Meyers Squibb, a New York based company, in California for alleged injuries related to the drug Plavix. Read More »

In the News Today - April 25, 2017

April 25, 2017 | News and Blog

Yesterday marks the start of the first bellwether trial over blood thinner Xarelto in New Orleans. Xarelto has "become the poster child for critics of unbridled plaintiffs' attorney advertising" because these ads invite meritless cases and the dire warnings put patients at risk by convincing them to stop taking their medications. Read More »

Lawsuits Cost West Virginia

April 24, 2017 | News and Blog

As a West Virginia state legislator, Kayla Kessinger is no stranger to the debate surrounding the state's business and lawsuit climate. "In order to bring jobs into this state, we have to make West Virginia more competitive," Kessinger told Faces of Lawsuit Abuse. "And one of the biggest areas where we're lacking is in tort reform. Read More »

Time to Revisit the Yates Memo?

April 24, 2017 | News and Blog

Recent years within the Department of Justice (DOJ) have seen a notable shift in emphasis from "prosecutorial discretion to institutional incentives that drive a mercenary hunt for human scalps and colossal fines," writes Robert Bork Jr. in Forbes. Read More »

In the News Today - April 24, 2017

April 24, 2017 | News and Blog

The Florida legislature's effort to impose term limits on the state's supreme court and appellate court judges is a terrible idea that will downgrade and weaken Florida's judiciary. No other state has such draconian limitations on judicial terms, and for good reason. Simply put, term limits would push experience, independence, and institutional knowledge out of Florida's courtrooms. Read More »

U.S. Chamber Commends West Virginia Governor for Passing Legislation to Curb Frivolous Lawsuits

April 24, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today on passage of S.B. 563 to reduce frivolous lawsuits and improve the business climate in the state of West Virginia. The bill was signed by Gov. James Justice on April 24. Read More »

U.S. Chamber Commends Missouri Governor for Signing Legislation to Improve Expert Evidence Standards

March 28, 2017 | Press Release

Lisa A. Rickard, President of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today on passage of H.B. 153 to address expert evidence standards and ensure junk science is kept out of courts in the state of Missouri. The bill was signed by Gov. Eric Greitens on March 28th. Read More »

U.S. Chamber Report: Class Action Litigation Systems in Europe Are Open to Abuse

March 21, 2017 | Press Release

A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows collective redress litigation models, known as class actions in the U.S., are proliferating across Europe, but the systems are developing without safeguards to protect consumers and employers. Read More »

U.S. Chamber Applauds Kentucky Legislature for Continued Commitment to Legal Reform

March 20, 2017 | Press Release

Harold Kim, Executive Vice President of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today on passage of S.B. 4 addressing medical liability, and H.B. 233 addressing post-judgment interest rate reform. Both bills were signed by Gov. Matt Bevin on March 16th and will become law on June 14th. Read More »

U.S. Chamber Hails South Dakota for Joining Chorus of States, Congress in Combatting Asbestos Fraud

March 15, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, made the following statement today on South Dakota's enactment of S.B. 138. Read More »

U.S. Chamber: House-Passed Lawsuit Abuse Reduction Act Will Curb Plaintiffs' Lawyer Gaming of Justice System

March 10, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the passage of the "Lawsuit Abuse Reduction Act of 2017" (H.R. 720) by the U.S. House of Representatives. Read More »

U.S. Chamber Commends House Passage of Innocent Party Protection Act

March 09, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the passage of the "Innocent Party Protection Act of 2017" (H.R. 725) by the U.S. House of Representatives. Read More »

U.S. Chamber Applauds House Passage of Class Action Litigation and Asbestos Trust Transparency Bill

March 09, 2017 | Press Release

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement today about the passage of the "Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency (FACT) Act of 2017" (H.R. 985) by the U.S. House of Representatives. Read More »

Engineered Liability: The Plaintiffs' Bar's Campaign to Expand Data Privacy and Security Litigation

Author: Divonne Smoyer and Kimberly Chow, Reed Smith LLP | April 19, 2017 | Research

As data breaches are becoming more commonplace, the plaintiffs' bar is engineer a staggering expansion of liability in the areas of privacy and data security. Class action lawyers are pursuing data privacy cases and amassing fortunes even where no one has been harmed. This paper examines the data privacy and security legal landscape, plaintiffs' bar tactics, major cases and settlements, and a suggested framework for reform. Read More »

Torts of the Future: Addressing the Liability and Regulatory Implications of Emerging Technologies

Author: Cary Silverman, Phil Goldberg & Jonathan Wilson, Shook, Hardy & Bacon L.L.P. | March 29, 2017 | Research

Torts of the Future examines the emerging technology sectors of autonomous vehicles, commercial drones, private space exploration, the "sharing economy," and the Internet of Things, and assesses the existing regulatory and litigation environments and future liability trends for each. The paper also draws from experience in each area to present guiding principles for addressing the liability and regulatory implications of emerging technologies. Read More »

The Growth of Collective Redress in the EU: A Survey of Developments in 10 Member States

Author: Ken Daly, Sidley Austin LLP | March 21, 2017 | Research

This paper examines the 'state of play' of collective redress in 10 Member States in the EU and suggests minimum necessary safeguards to prevent litigation abuse taking hold in Europe. Read More »

The Food Court: Trends in Food and Beverage Class Action Litigation

Author: Cary Silverman and James Muehlberger, Shook, Hardy & Bacon L.L.P. | February 24, 2017 | Research

This paper examines the emerging litigation trends in the food and beverage industry and makes concrete recommendations for reforms, outlining the role that the courts, legislatures, and regulatory agencies all have in restoring common sense to food class action litigation. Read More »

Covering the Contractors: The Current State of the Government Contractor Defense

Author: John B. Bellinger III, Reeves Anderson, and Sally Pei, Arnold & Porter LLP | February 06, 2017 | Research

This research examines the current state of the government contractor defense, the role of the federal government in litigation against contractors, and some of the questions that still need to be addressed by the courts. Read More »

The ILR Research Review - Winter 2016

December 28, 2016 | Research

This edition of the ILR Research Review offers valuable insights from ILR's latest research on the increasing use of contingency fee counsel by local governments, asbestos "double dipping," trends in trial lawyer drug and device advertising, and the public's views on data privacy liability and legal reform issues. Read More »

Disconnects & Double-Dipping: The Case for Asbestos Bankruptcy Trust Transparency in Virginia

Author: Mark A. Behrens, Shook, Hardy & Bacon L.L.P. | December 06, 2016 | Research

This report highlights the disconnect between asbestos bankruptcy trust and asbestos personal injury lawsuit systems by examining Garlock and other cases that expose the widespread asbestos trust manipulation and specifically looks at trust claim activity in wrongful death cases in Newport News, Virginia. Read More »

Big Bucks and Local Lawyers: The Increasing Use of Contingency Fee Lawyers by Local Governments

Author: Michael Maddigan, Hogan Lovells | October 26, 2016 | Research

The increasing use of contingency fee counsel by local government entities is a disturbing trend that poses real risks to the fair and impartial administration of justice. Read More »

The ILR Research Review - Fall 2016

September 22, 2016 | Research

This edition of the ILR Research Review offers valuable insights from ILR's latest research on over-criminalization and the challenges of business compliance, over-enforcement, third-party litigation funding in the UK, and asbestos trust claims. Read More »

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

Author: John H. Beisner, Geoffrey M. Wyatt, and Jordan M. Schwartz, Skadden Arps | May 26, 2016 | Research

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. Read More »

U.S. Chamber President Tom Donohue on Illinois: The Lawsuit Capitol of the World

September 10, 2012 | Video

Land of Lincoln? Try Land of Lawsuits. U.S. Chamber President and CEO Tom Donohue discusses a new national survey -- released by the U.S. Chamber Institute for Legal Reform (ILR) -- which finds that Illinois' lawsuit climate is among the worst in the country at number 46. The survey respondents also named two Illinois counties as among the worst jurisdictions in the country; Cook County was named as the most unfair and unreasonable jurisdiction and Madison Country was named the sixth most unfair county. Watch »

U.S. Chamber President Tom Donohue on Florida's Lawsuit Climate

September 10, 2012 | Video

U.S. Chamber President and CEO Tom Donohue comments on a new national survey -- released by the U.S. Chamber Institute for Legal Reform (ILR) -- which finds that Florida's lawsuit climate is among the worst in the country, coming in at number 41 out of 50. Watch »

U.S. Chamber President Tom Donohue on Pennsylvania's Lawsuit Climate

September 10, 2012 | Video

U.S. Chamber President and CEO Tom Donohue comments on a new national survey -- released by the U.S. Chamber Institute for Legal Reform (ILR) -- which finds that Pennsylvania's lawsuit climate is among the worst in the country at number 40, while Philadelphia's courts were mentioned as the fifth worst in the nation for legal fairness. Watch »

Who are the Faces of Lawsuit Abuse? The Blitz USA Plant in Miami, OK

September 10, 2012 | Video

Who are the faces of lawsuit abuse? They're the people who have lost their jobs because of run away lawsuits that can cripple state economies and that take a terrible toll on families. Does your state have a lawsuit abuse problem? Find out in a new study that ranks all 50 states at FacesOfLawsuitAbuse.com. Watch »

Is Lawsuit Abuse Causing Your State to Lose the Race for Jobs and Growth?

September 10, 2012 | Video

Every state is a rider in the race for jobs and economic growth. But too many states are pulling the dead-weight of lawsuit abuse, dragging down their economy and making jobs harder to find. Is lawsuit abuse slowing down your state? Find out today at InstituteforLegalReform.com. Watch »

Key Supreme Court Cases of Interest to Business

Author: Brian Quigley | December 15, 2011 | Video

What do Obamacare, preemption, and environmental regulation have in common? All are addressed in Supreme Court cases the business community should be keeping an eye on, according to former U.S. Solicitor General Paul Clement. Watch »

A View from the U.S. Securities and Exchange Commission

October 26, 2011 | Video

At the 12th Annual Legal Reform Summit on October 26, 2011, SEC Commissioner Troy A. Paredes shared special remarks. Watch »

The Liability Climate in the States: Costs, Reforms and the Potential Impact on Jobs with Special Remarks by Governor Robert F. McDonnell

October 26, 2011 | Video

This panel at the 12th Annual Legal Reform Summit on October 26, 2011 examined the legal climate in the states, reforms and the impact on employment and business activity. It featured special remarks by Virginia Governor Robert F. McDonnell. Watch »

2011 Legal Reform Awards Presented at the 12th Annual Legal Reform Summit

October 26, 2011 | Video

At the 12th Annual Legal Reform Summit on October 26, 2011, the Annual Legal Reform Awards were presented to South Carolina Governor Nikki Haley (State Leadership Award), the Business Council of Alabama (Outstanding Organization Award), and John H. Beisner, Practice Co-Leader, Mass Torts/Insurance Litigation Practice Area, Skadden, Arps, Slate, Meagher & Flom LLP (Research & Policy Award). Watch »

South Carolina Governor Nikki Haley's Keynote Address at the 12th Annual Legal Reform Summit

October 26, 2011 | Video

The Honorable Nikki Haley, Governor of South Carolina, delivered the keynote address at the 12th Annual Legal Reform Summit on October 26, 2011. She was introduced by Thomas J. Donohue, President and Chief Executive Officer, U.S. Chamber of Commerce. Watch »

U.S. Chamber of Commerce President Thomas J. Donohue's Remarks at the 12th Annual Legal Reform Summit

October 26, 2011 | Video

At the 12th Annual Legal Reform Summit on October 26, 2011, Thomas J. Donohue, President and Chief Executive Officer of the U.S. Chamber of Commerce, delivered these special remarks. He was introduced by Lisa A. Rickard, President of the U.S. Chamber Institute for Legal Reform. Watch »

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