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.

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 »

Largest FCPA Case in History Ends with $2.6 Billion Fine

April 18, 2017 | News and Blog

U.S. District Judge Raymond Dearie ordered Odebrecht, a Brazilian engineering company, to pay $2.6 billion to the governments of Brazil, the U.S., and Switzerland for violations of the Foreign Corrupt Practices Act (FCPA). Read More »

In the News Today - April 18, 2017

April 18, 2017 | News and Blog

Texas plaintiffs' attorney Mark Lanier is co-hosting a fundraiser for Sen. Graham this week, "spreading talk among conservatives that Graham has allied himself with plaintiff attorneys who have a huge financial incentive to block bills that sailed through the House of Representatives earlier this year." Read More »

Out-of-State Trial Lawyers to Host Texas Fundraiser for Graham

April 17, 2017 | News and Blog

U.S. Sen. Lindsey Graham will head to Houston, Texas later this month to raise money from trial lawyers writes the Palmetto Business Daily. Read More »

In the News Today - April 17, 2017

April 17, 2017 | News and Blog

It anyone has lingering doubts about the exponential growth of class actions across the globe a "report issued in late March [by ILR] should lay them to rest." The article explains why ILR is concerned about this growth as "it's a lot easier to lobby to prevent a mess than to fix one after it lands with a splat." Read More »

Have You or Your Loved Ones Been Hurt by This Ad? Congressman Wants to Know

April 14, 2017 | News and Blog

Rep. Bob Goodlatte, chairman of the House Judiciary Committee, with backing from the leading doctors' group and some drug companies, wants plaintiffs' lawyer client solicitation ads to include a warning that patients should talk with their doctors before adjusting medication. Read More »

In the News Today - April 14, 2017

April 14, 2017 | News and Blog

The question hanging over the CFPB's arbitration rule is "less about the finer points of the final rule than about whether the regulations will ever see the light of day." Read More »

Missouri Judicial Selection Process Comes Under Fire

April 13, 2017 | News and Blog

Missouri Senate leader Ron Richard wants to repeal the process for selecting justices to the state's Supreme Court, writes the St. Louis Record. Read More »

In the News Today - April 13, 2017

April 13, 2017 | News and Blog

The Iowa House approved legislation Wednesday that would cap financial awards in most medical malpractice lawsuits at $250,000. Additionally, the legislation, which passed 65-32, would create standards for expert witnesses testifying in medical malpractice cases. Read More »

Reuters' Alison Frankel Writes on the Potential for "Real Consequences" When TPLF Funders Bank on "Failsafe Personal Injury Litigation"

April 12, 2017 | News and Blog

Reuters' Alison Frankel writes on the recent request from Xarelto manufacturers to Judge Arnold New asking that he order plaintiffs' firms in a prospective bellwether case to reveal any outside funding as the defendants are "entitled to know who is in control and who has a right to be consulted." Read More »

In the News Today - April 12, 2017

April 12, 2017 | News and Blog

The CHOICE Act would rename the Consumer Financial Protection Bureau (CFPB) as the Consumer Financial Opportunity Agency and "rein in its powers," including striping the CFPB of its agency status and its director would be "fireable at will by the president." 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 »

  • bulletClick to Narrow Your Results