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New Compliance Guidance Shows The DOJ's Continued Commitment to Defending Rule of Law

October 18, 2018

While some of the U.S. is caught up in post-season baseball, the legal community is paying close attention to the Department of Justice (DOJ), which keeps knocking out policy home runs.

  1. In the News Today - October 5, 2018

    October 05, 2018 | News

    "Meritless" Lawsuits Target "Highly Innovative Businesses," Report Finds; Firm Owned By Now-Disbarred Class Action Lawyer to Pay $23.5 Million to Former Clients; Do you know "What's Trending" on the litigation front?... Read More

  2. Leaked Litigation Funding Arrangement Shows Funder May Leave Class Members With Nothing

    October 05, 2018 | News

    A litigation funding arrangement in an Australian class action shows that the funder may walk away with a 250 percent return on investment while the claimants may get nothing, the Australian Financial Review reports.... Read More

  3. In the News Today - October 4, 2018

    October 04, 2018 | News

    Report: MDL Cases Have Tripled In Last 25 Years; SEC Enforcement Co-Director Says Year-End Stats Are "Counter-Productive"... Read More

  4. D.C. Suspends Law License of Steven Donziger

    October 04, 2018 | News

    According to Legal Newsline, the District of Columbia Court of Appeals suspended attorney Steven Donziger from practicing law in D.C. ... Read More

  5. In the News Today - October 3, 2018

    October 03, 2018 | News

    West Virginia Supreme Court Justice to Remain on Bench; Litigation Funder Wants to Raise Even More Capital; Lawsuit abuse affects businesses of all sizes and directly impacts the economy... Read More

  6. Plaintiffs' Attorney Talks About How He "Sawed the Man in Half"

    October 03, 2018 | News

    Likening himself to a magician, Houston plaintiffs' lawyer Mark Lanier described to a group of lawyers how he "sawed the man in half" to win a $4.7 billion verdict in a talcum powder lawsuit, Legal Newsline reports in Forbes.... Read More

  7. In the News Today - October 2, 2018

    October 02, 2018 | News

    Jenkins Sworn in as West Virginia Supreme Court Justice as Challenge Continues... Read More

  8. U.S. Solicitor General to Argue In Cy Pres SCOTUS Case

    October 02, 2018 | News

    The U.S. Supreme Court will allow U.S. Solicitor General Noel J. Francisco 10 minutes of argument time in Frank v. Gaos, a case that may decide the future of cy pres settlements in which settlement money is awarded to groups rather than class members, Law360 reports.... Read More

  9. In the News Today - October 1, 2018

    October 01, 2018 | News

    DOJ Official: Department and Business Should Be "Partners, Not Adversaries;" "Dismissing FCA Cases: The Granston Memo In Action;" DOJ Objects to Bankruptcy Trust Appointment; Find Out What's Trending at ILR's Summit XX: Law, Policy, Politics... Read More

  10. Law Firm Hosting Fundraiser For Kentucky AG Who Hired Them

    October 01, 2018 | News

    National plaintiffs' firm Morgan and Morgan will host a fundraiser for Kentucky Attorney General Andy Beshear, Legal Newsline reports. The firm landed a contract from his office to represent the state in litigation against opioid manufacturers and distributors. ... Read More

  11. In the News Today - September 28, 2018

    September 28, 2018 | News

    The Administration's "Approach To Data Privacy, And Next Steps"... Read More

  1. In the News Today - October 19, 2018

    October 19, 2018 | News

    American Law Institute Draws Criticism Over Another Restatement... Read More

  2. Former SEC Commissioner: California Pension Voters Want "Performance Over Politics"

    October 19, 2018 | News

    Paul Atkins, a former U.S. Securities and Exchange Commission (SEC) commissioner and the current CEO of Patomak Global partners, said in a Wall Street Journal op-ed that the California Public Employees' Retirement System's vote to change its leadership is a sign investors want to "prioritize performance over politics."... Read More

  3. In the News Today - October 18, 2018

    October 18, 2018 | News

    Attorney Asks: "Can Class Arbitration Even Work?"... Read More

  4. Assignment of Benefits Back in Florida Spotlight After Hurricane

    October 18, 2018 | News

    The debate over assignment of benefits practices in Florida has picked up new steam in the wake of Hurricane Michael, The News Service of Florida reports.... Read More

  5. In the News Today - October 17, 2018

    October 17, 2018 | News

    London-Based Attorney Breaks Down Recent High Court Class Action Decision... Read More

  6. West Virginia Supreme Court Votes to Give Legislature Budget Oversight

    October 17, 2018 | News

    The West Virginia Supreme Court voted this week to support a constitutional amendment that would give the state legislature more oversight of the court system's finances, the West Virginia Record reports.... Read More

  7. In the News Today - October 16, 2018

    October 16, 2018 | News

    "Differing district court opinions over assignment of benefits could lead to Supreme Court hearing... Read More

  8. Despite Proposed Agreement, Debacle Over Labaton Fees Still Not Over

    October 16, 2018 | News

    Though Labaton Sucharow attorneys came to a tentative agreement with a court-appointed Special Master last week, a federal judge yesterday said issues still remain regarding the $75 million fee request in the State Street case, Law360 reports.... Read More

  9. In the News Today - October 15, 2018

    October 15, 2018 | News

    DOJ Official Says Department Wants Prosecutors With Compliance Experience; "Breaking Down The Prop 65 Trial That Has Starbucks On Edge"... Read More

  10. West Virginia Supreme Court Justice Found Guilty of Fraud

    October 15, 2018 | News

    West Virginia Supreme Court Justice Allen Loughry was guilty on 11 counts of mail and wire fraud, witness tampering, and lying to federal investigators, according to West Virginia MetroNews.... Read More

  11. In the News Today - October 12, 2018

    October 12, 2018 | News

    Insurance Attorney Outlines the Most Controversial Provisions of ALI's Restatement; U.K.-Based Litigation Funder Postpones Listing on London Stock Exchange... Read More

  1. New Compliance Guidance Shows The DOJ's Continued Commitment to Defending Rule of Law

    October 18, 2018 | Blogs

    While some of the U.S. is caught up in post-season baseball, the legal community is paying close attention to the Department of Justice (DOJ), which keeps knocking out policy home runs.... Read More

  2. Over a Dozen Business Groups Sign Joint Statement Against EU Collective Action Proposal as Drafted

    October 08, 2018 | Blogs

    Today, my organization, the U.S. Chamber Institute for Legal Reform, joined 12 other European business associations to petition EU policymakers to make meaningful, commonsense changes to the European Commission's collective action proposal before they create a litigation industry across the Europe. ... Read More

  3. Did the Telephone Consumer Protection Act Just Get Even Worse for Small Businesses?

    September 17, 2018 | Blogs

    Though it may have started as a well-intentioned law from 1991, we now know how plaintiffs' lawyers and professional plaintiffs have twisted the Telephone Consumer Protection Act (TCPA) for financial gain... Read More

  4. Department of Justice Guides the Way on Enforcement

    September 14, 2018 | Blogs

    In January, the Department of Justice (DOJ) issued a memo by then-Associate Attorney General Rachel Brand which prevents DOJ attorneys from turning agency guidelines into binding legal rules in enforcement actions. This was a welcome-and much needed-development for businesses, and a signal the DOJ is committed to promoting the rule of law. ... Read More

  5. House Diversity Bill Would Create Fair Treatment for All

    September 12, 2018 | Blogs

    The Judiciary Committee of the U.S. House of Representatives has the chance to close a loophole in our court system on a favored tactic of plaintiffs' lawyers: forum shopping. This allows plaintiffs' lawyers to "shop" their lawsuits around to different states in search of a friendly court that will award big settlements. Often, the lawsuits have no ties to the state where the case is eventually filed. ... Read More

  6. Mission Drift at the American Law Institute

    August 28, 2018 | Blogs

    The American Law Institute (ALI) is drifting further away from its original mission of crafting clear Restatements of the Law for use by judges and legislators. ... Read More

  7. 20 Years of Tech: How ILR Has Led the Legal Conversation on Emerging Technologies

    August 21, 2018 | Blogs

    ILR continues to confront new issues by identifying trends and applying the latest strategies and tactics to advocate for key legal reforms. ... Read More

  8. A Big Win for Integrity: New York City Bar Association Rules Out Splitting Fees With Investors

    August 16, 2018 | Blogs

    One of the most influential bar associations in the country has voiced a full-throated condemnation of a core element of the litigation funding business model: promising a percentage of anticipated fees in exchange for cash.... Read More

  9. Why is a Securities Class Action Lawsuit In Massachusetts Causing a Stir in the Arkansas Legislature?

    August 06, 2018 | Blogs

    Boston and Little Rock are more than 1,200 miles apart, but a $300 million settlement in a securities class action lawsuit has developments in the former causing concerns in the latter. ... Read More

  10. From Theory to Practice: DOJ Asserts Its Rightful Authority

    August 01, 2018 | Blogs

    For more than 30 years, the Department of Justice (DOJ) has largely declined to take action against frivolous litigation under the False Claims Act (FCA)-but that's starting to change.... Read More

  11. 20 Years of ILR Accomplishments: Lending a Helping Hand to a Local Business

    July 23, 2018 | Blogs

    On May 3, 2005, the Chung family opened up their dry cleaning store in Washington, D.C. for what should have been a normal day of business. Thirteen years later, the District of Columbia Board on Professional Responsibility recommended one of the Chung's customers from that day be suspended from his profession.... Read More

  1. U.S. Chamber Welcomes DOJ Action to Prevent Asbestos Fraud

    September 13, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the U.S. Department of Justice (DOJ) statement of interest in asbestos bankruptcy trust creation:... Read More

  2. Survey: Only 13 Percent of Consumers Support European Commission's Current Collective Action Lawsuit Proposal

    July 11, 2018 | Press Release

    ... Read More

  3. Report: U.S. Supreme Court Ruling Can Help Businesses Defend Against Lawsuit 'Forum Shopping'

    June 04, 2018 | Press Release

    ... Read More

  4. Consumers Overwhelmingly Say Lawsuits Should Not "Regulate" New Technologies

    April 18, 2018 | Press Release

    SEATTLE, WA - During an event today the U.S. Chamber Institute for Legal Reform (ILR) will release a new survey finding that, contrary to the claims of many plaintiffs' lawyers, nearly 82 percent of consumers believe that filing lawsuits is not the best way to regulate emerging technologies, such as cars that operate without a human driver. ... Read More

  5. U.S. Chamber: Proposal Could Make EU a Major Global Hub for Abusive Litigation

    April 11, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today about the European Commission's proposal to rescind and replace the EU's "Injunctions Directive." The proposal would create a new European Union-wide framework for collective redress (class action lawsuits): ... Read More

  6. U.S. Chamber: D.C. Circuit Ruling a Positive Step, But Congress Should Modernize the Telephone Consumer Protection Act

    March 16, 2018 | Press Release

    Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today about the D.C. Circuit Court's ruling vacating portions of the Federal Communications Commission's (FCC) 2015 Telephone Consumer Protection Act (TCPA) declaratory order:... Read More

  7. Report: Asbestos Bankruptcy Trusts Running Short of Money to Pay Future Claimants, System Lacks Safeguards

    March 08, 2018 | Press Release

    WASHINGTON, D.C. -- A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) highlights that asbestos bankruptcy trusts are being depleted, jeopardizing their ability to fully compensate future claimants.... Read More

  8. Lawsuit Claiming Consumer was "Deceived" About Sugar in Jelly Beans Named Most Ridiculous of 2017

    December 21, 2017 | Press Release

    Annual List of Top 10 Most Ridiculous Lawsuits Released Today... Read More

  9. Study: Rx Drug Lawsuit Ads Cause Spike in Reports of Patient Health Incidents, Deaths

    October 25, 2017 | Press Release

    WASHINGTON, D.C. -- A new report released today by the U.S. Chamber Institute for Legal Reform (ILR) shows that lawsuit ads targeting prescription drugs and medical devices have caused at least 61 serious medical events -- including six deaths -- an increase from previous reports.... Read More

  10. U.S. Chamber Announces 2017 Legal Reform Award Winners

    October 25, 2017 | Press Release

    WASHINGTON, D.C. -- The U.S. Chamber Institute for Legal Reform (ILR) today announced its 2017 Legal Reform Award winners at its 18th Annual Legal Reform Summit.... Read More

  11. U.S. Chamber Applauds Senate Vote to Undo CFPB's Arbitration Rule

    October 24, 2017 | Press Release

    WASHINGTON, D.C. -- U.S. Chamber President and CEO Thomas J. Donohue issued the following statement today following U.S. Senate passage of H.J. Res. 111, disapproving of the Consumer Financial Protection Bureau's (CFPB) arbitration rule...... Read More

  1. A 'Fair Deal' for Consumers? An Update on EU Consumer Attitudes Towards Collective Actions and Litigation Funding

    July 11, 2018 | Research

    As the European Commission's proposal on collective actions (known as class actions in the United States) makes its way through the European Union's legislative process, it is important to assess EU consumer opinion of the proposal and the safeguards included (and not included) in the legislation. This survey captured the views of 5,097 consumers across five EU Member States.... Read More

  2. Lighting the Way: FCA Reform and Compliance Program Credit

    June 27, 2018 | Research

    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

  3. BMS Battlegrounds: Practical Advice for Litigating Personal Jurisdiction After Bristol-Myers

    June 04, 2018 | Research

    The U.S. Supreme Court's decision last year in Bristol-Myers Squibb Co. v. Superior Court was a clear statement that the days of blatant, unchecked plaintiff forum shopping in search of outsized verdicts are at an end. ILR's research explores this paradigm shift and provides practical advice for defendants litigating BMS in the trenches.... Read More

  4. ILR Research Review - Spring 2018

    May 31, 2018 | Research

    The Spring 2018 ILR Research Review explores a wide range of long-standing and emerging issues in legislation, regulation, and litigation, including artificial intelligence and other emerging technologies, state qui tam False Claims Acts, West Virginia legal reforms, and asbestos bankruptcy trusts.... Read More

  5. Torts of the Future: Autonomous Vehicles

    May 17, 2018 | Research

    Among all emerging technologies examined in ILR's Torts of the Future research papers, autonomous vehicles (AVs) may be popping up in headlines more than any other. In order to respond to this trend in public policy and interest, and to provide a valuable tool for legislators, regulators, and businesses seeking to learn more about this topic, ILR has compiled insights from two years of research on emerging liability and regulation issues for autonomous vehicles.... Read More

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

    April 18, 2018 | Research

    The second edition of ILR's Torts of the Future research examines evolutions in regulatory and liability trends for emerging technologies including artificial intelligence, virtual reality, wearable devices, and 3D printing. The research also presents a number of updated guiding principles to inform courts, legislators, and policymakers as they seek to address privacy and safety concerns without derailing or delaying innovation.... Read More

  7. Dubious Distribution: Asbestos Bankruptcy Trust Assets and Compensation

    March 08, 2018 | Research

    The asbestos bankruptcy trusts, created with the goal of sustainably processing and paying valid asbestos personal injury claims, are quickly being depleted. ILR's research finds that of the 35 asbestos trusts operating as of early 2008, 21 are paying an average of 40 percent less today than in 2008, putting future compensation for asbestos victims in doubt. The paper documents the causes of this rapid depletion, including the highly significant impact of attorney contingency fees.... Read More

  8. The Great Myths of State False Claims Acts

    February 28, 2018 | Research

    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

  9. West Virginia's Climb: Lawsuit Climate Progress in the Mountain State and the Path Ahead

    January 10, 2018 | Research

    West Virginia has begun shedding its reputation for having one of the worst civil justice systems in the nation. The state's lawsuit climate ranked dead last or second to last in surveys of business executives and attorneys conducted eleven times over the past fifteen years--until 2017. This report explores the beginning of the state's encouraging transformation and highlights areas where it may continue this progress.... Read More

  10. ILR Research Review - Fall 2017

    November 30, 2017 | Research

    This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe.... Read More

  11. Unstable Foundation:
    Our Broken Class Action System and How to Fix It

    October 24, 2017 | Research

    Unstable Foundation examines the pervasive flaws afflicting the United States' class action system. Class actions rarely provide meaningful compensation for class members, and are poorly suited to deterring wrongful conduct.... Read More