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.

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 »

Florida Judicial Terms Limits: An Idea So Bad, Both Business and the Plaintiffs' Bar Agree

April 24, 2017 | News and Blog

Let's face it: it's a rare occasion when the trial bar and business groups agree on anything. So rare, in fact, that the Sun Sentinel's Editorial Board compared it to the Chicago Cubs' historic World Series drought. Read More »

WSJ Editorial - Graham "Tort Bar's Senate Undertaker"

April 21, 2017 | News and Blog

The Wall Street Journal editorial board writes on the "largesse that the plaintiffs' bar is bestowing on South Carolina's Lindsey Graham in its moment of maximum political peril" through a fundraiser hosted by Houston plaintiffs' attorney Mark Lanier. Read More »

In the News Today - April 21, 2017

April 21, 2017 | News and Blog

Trevor McFadden, Acting Principal Deputy Assistant Attorney General for the Department of Justice Criminal Division, said that prosecutors are "committed to wrapping up old Foreign Corrupt Practices Act cases and investigating new ones more quickly." Read More »

"Long-Awaited" Rewrite of Dodd-Frank Revealed

April 20, 2017 | News and Blog

House Financial Services Committee Chairman Jeb Hensarling (R-TX) announced that the Financial CHOICE Act of 2017 will be officially unveiled at an April 26 House Financial Services Committee hearing. Hensarling released a discussion draft of the bill on Wednesday. Read More »

In the News Today - April 20, 2017

April 20, 2017 | News and Blog

Legislation currently on Gov. Jim Justice's desk, Senate Bill 563, would "fix some loopholes that resulted in gotcha lawsuits because of technical violations of the Consumer Credit Protection Act (CCPA)." The West Virginia legislature showed bi-partisan support of the bill and Gov. Justice is expected to sign the legislation. Read More »

Securities Class Action Settlements "Substantially Higher" in 2016 Than Previous Years

April 19, 2017 | News and Blog

Harvard Law School's Forum on Corporate Governance and Financial Regulation found that "the number of [securities class action] settlements approved in 2016 increased by 85, which is substantially higher than the levels in previous years." Read More »

In the News Today - April 19, 2017

April 19, 2017 | News and Blog

This week, the Arizona legislature passed a bill (S.B. 1406) to curb lawsuit abuse under the Arizonans with Disabilities Act (AZDA). S.B. 1406 would ensure that genuine AZDA claims are addressed without exposing Arizona's small business owners to abusive litigation that impedes economic growth and job creation. ILR sent a letter to Gov. Ducey urging him to sign S.B. 1406 into law. Read More »

U.S. Chamber Urges Gov. Ducey to Sign Bill to Curb Lawsuit Abuse Against Arizona's Small Businesses

April 19, 2017 | News and Blog

This week, the Arizona legislature passed a bill (SB 1406) to curb lawsuit abuse under the Arizonans with Disabilities Act (AZDA). 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 »

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 »

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