News & Blog

Data Breaches Soar to Record Levels in New York

March 23, 2017 | New York businesses disclosed nearly 1,300 incidents of data security breaches in 2016 that compromised 1.6 million residents, writes Law360.

In the News Today - March 23, 2017

March 23, 2017 | California "overly litigious culture" is one of the factors causing businesses to "relocate to state where they are welcomed," writes Kerry Jackson from the Pacific Research Institute. Jackson sites ILR's 2015 Lawsuit Climate Survey, noting that California was ranked 47th worst overall lawsuit environment in the country.

In the News Today - March 14, 2017

March 14, 2017 | News and Blog

A petition to the Federal Communications Commission (FCC), the Cunningham-Moskowitz Petition, seeks to do away with long-standing FCC policy. Read More »

Petition Before the FCC Would Open Flood Gates For Abusive TCPA Litigation

March 14, 2017 | News and Blog

Plaintiffs' lawyers and a few enterprising plaintiffs have been taking advantage of the outdated Telephone Consumer Protection Act (TCPA) by filing class action lawsuits against companies large and small for doing such things as sending text messages to their own customers. Read More »

House Backs Bill to Deter Frivolous Lawsuits

March 13, 2017 | News and Blog

The House of Representatives passed The Lawsuit Abuse Reduction Act of 2017 on Friday by a vote of 230-188 writes the Associated Press. Read More »

In the News Today - March 13, 2017

March 12, 2017 | News and Blog

U.S. House Judiciary Chairman Bob Goodlatte (R-VA) sent letters to the American Bar Association and every state bar association, urging the organizations to adopt requirements for warnings on trial lawyer advertisements that urge patients to discontinue the use of some medicines. 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 »

In the News Today - March 10, 2017

March 10, 2017 | News and Blog

14 members of the American Bar Association (ABA) Standing Committee on Federal Judiciary unanimously voted that Judge Gorsuch is a "well-qualified" U.S. Supreme Court nominee after hundreds of interviews with his professional acquaintances nationwide. Read More »

House Passes Sweeping Legal Reform

March 10, 2017 | News and Blog

Last night, the U.S. House of Representatives passed the Fairness in Class Action Litigation and the Furthering Asbestos Claim Transparency Act of 2017, two pieces of legislation that were recently combined, by a vote of 220 to 201 as well as the Innocent Party Protection Act of 2017 by a vote of 224 to 194 writes National Law Journal. 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 »

Congress Takes Action to Hold Plaintiffs' Bar Accountable for Drug Lawsuit TV Ads

March 09, 2017 | News and Blog

It appears Congress shares ILR's concerns about the dangers caused by the daily onslaught of ads by plaintiffs' attorneys hawking lawsuits against drugs and medical devices. Read More »

In the News Today - March 9, 2017

March 09, 2017 | News and Blog

The U.S. House of Representatives will vote on four legal reform bills (two of which have been combined) over the next two days. Today, the House will vote on the Fairness in Class Action Litigation and the Furthering Asbestos Claim Transparency (FACT) Act, which have been merged, as well as the Innocent Party Protection Act of 2017. Tomorrow, the house will vote on the Lawsuit Abuse Reduction Act of 2017. Read More »

Data Breaches Soar to Record Levels in New York

March 23, 2017 | News and Blog

New York businesses disclosed nearly 1,300 incidents of data security breaches in 2016 that compromised 1.6 million residents, writes Law360. Read More »

In the News Today - March 23, 2017

March 23, 2017 | News and Blog

California "overly litigious culture" is one of the factors causing businesses to "relocate to state where they are welcomed," writes Kerry Jackson from the Pacific Research Institute. Jackson sites ILR's 2015 Lawsuit Climate Survey, noting that California was ranked 47th worst overall lawsuit environment in the country. Read More »

Analysis of Class Action Litigation in Europe Shows Troubling Trends; Prospect of Abusive Litigation is Rising

March 22, 2017 | News and Blog

A new ILR report, The Growth of Collective Redress in the EU, surveyed the ‘state of play' in 10 EU Member States and found that collective redress litigation models, known as class actions in the U.S., are proliferating across Europe without necessary safeguards. Read More »

In the News Today - March 22, 2017

March 22, 2017 | News and Blog

Last month, U.S. Senators Steve Daines and Dan Sullivan introduced two bills that would restructure the Ninth Circuit, which covers nine states and two territories, making it the largest of the nation's 12 courts of appeals. Read More »

State AGs Probe Asbestos Bankruptcy Trusts To Recover Medicare Payments

March 21, 2017 | News and Blog

The Attorney General of Utah, Sean Reyes, has sued four of the largest asbestos bankruptcy trusts in an effort to get them to comply with civil investigative demands that more than a dozen states have sent to the trusts. These demands seek information on whether the trusts are squandering money and failing to reimburse states for Medicare and Medicaid expenditures. Read More »

In the News Today - March 21, 2017

March 21, 2017 | News and Blog

U.S. District Judge Paul Diamond issued a bench warrant for the arrest of Martin Kenney and Garrett Kelleher after both failed to appear to determine their liability to insurer Cigna. In 2016, Judge Diamond ruled that Kenney and Kelleher had "repeatedly thumbed their noses at the courts of the United States" and were liable to Cigna for "orchestrating" continued action against the company. Read More »

Rickard: It is Time to Stop Simplifying the Debate Over Legal Reform

March 20, 2017 | News and Blog

In a Washington Post Letter to the Editor Lisa A. Rickard, President of the Institute for Legal Reform, called for the media to "stop simply defining the debate over legal reform as being between slamming closed the courthouse doors and so-called frivolous lawsuits." Read More »

In the News Today - March 20, 2017

March 20, 2017 | News and Blog

The Trump administration said late last week that the Consumer Financial Protection Bureau's leadership structure was unconstitutional and asked the D.C. Circuit to allow the U.S. president to fire the bureau's director at will. Read More »

"Congress Should Restore Meaningful Sanctions for Meritless Litigation"

March 17, 2017 | News and Blog

Earlier this month, the U.S. House of Representatives passed the Lawsuit Abuse Reduction Act (LARA) to restore the authority of Rule 11 sanctions in federal litigation. Read More »

In the News Today - March 17, 2017

March 17, 2017 | News and Blog

The Missouri Senate passed a bill this week by a 21-11 vote that would allow judges to decide whether experts' testimony would be reliable based on "sufficient facts" and "reliable principles and methods," as well as being "reliably applied" to the facts of the case. Read More »

Claims Rate Issue Has Become "Particularly Acute" In Class Action Settlements

March 16, 2017 | News and Blog

Last year, U.S. District Judge Ortrie Smith rejected a class action settlement with Remington Arms Co. for an "appalling" claims rate, also known as the percentage of potential class members who actually request compensation from the settlement, writes the National Law Journal. 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 »

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 »

DOJ's New Threshold for "Cooperation": Challenges Posed by the Yates Memo and USAM Revisions

Author: Matthew M. Miner, Morgan, Lewis & Bockius LLP | May 26, 2016 | Research

This paper examines the recent release of the Yates Memo, changes to the U.S. Attorneys' Manual (USAM), and the complicated landscape for business compliance and cooperation. Read More »

Before the Flood: An Outline of Oversight Options for Third Party Litigation Funding in England & Wales

Author: Ken Daly and Steven Pitt, Sidley Austin LLP | April 18, 2016 | Research

This paper examines the ethical and practical concerns that are emerging from the significant expansion of third party litigation funding (TPLF) in the UK, and underscores the need for government oversight of the practice. Read More »

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