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 »

In the News Today - November 1, 2013

November 01, 2013 | News and Blog

A New York lawyer testified that he wanted 'no part' of a lawsuit against Chevron after finding out about ethical violations by the plaintiffs' team. Read More »

Legal Reformers on Senator's Enemies List

November 01, 2013 | News and Blog

Writing in the Wall Street Journal, Kim Strassel says that Senator Dick Durbin's drive against "stand your ground" laws is actually a campaign against the American Legislative Exchange Council, whose tort reform proposals have hit trial lawyers hard in the pocketbook. Read More »

In the News Today - October 31, 2013

October 31, 2013 | News and Blog

The National Geographic Society is reportedly under investigation for possible FCPA violations in Egypt surrounding its dealings with an Egyptian archaeologist who served as a gatekeeper to the country's antiquities Read More »

In the News Today - October 30, 2013

October 30, 2013 | News and Blog

An anticipated settlement between JPMorgan and the Department of Justice is at risk of collapsing, according to people familiar with the talks. Read More »

Congress Should Take Action to Address Regulatory Over-criminalization

Author: Lisa A. Rickard | October 30, 2013 | News and Blog

The U.S. House Judiciary Committee's bipartisan task force on over-criminalization today continued what The Wall Street Journal has called, "the most expansive re-examination of federal law since the early 1980s" by holding a hearing on criminal enforcement of federal rules and regulations. Read More »

Is FIRREA a Gamechanger?

October 29, 2013 | News and Blog

Analysis from Reuters says that a recent verdict against Bank of America could have profound implications for Wall Street. Read More »

In the News Today - October 29, 2013

October 29, 2013 | News and Blog

The legal tab for U.S. banks is expected to rise to $107 billion or more in the coming years. Read More »

Emerging Litigation Trend: Patent Trolls

Author: David R. Clonts | October 29, 2013 | News and Blog

When there's a dollar to be made, an industry will follow. And so will the lawyers. It's the American Way. So it is with patent assertion entities (PAEs), better known as patent trolls. Read More »

More Companies Asking For Action on Patent Trolls

October 28, 2013 | News and Blog

Patent trolls have become so prevalent that even companies with few or no patents are now demanding change. Read More »

In the News Today - October 28, 2013

October 28, 2013 | News and Blog

JPMorgan agreed to pay $5.1 billion to settle claims that it misled Fannie Mae and Freddie Mac about the quality of its mortgages. Read More »

Appellate Courts Ignoring SCOTUS Precedent

October 25, 2013 | News and Blog

Lower courts are locked in a "war of attrition" against the Supreme Court says a Wall Street Journal editorial. 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 »

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