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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. U.S. Chamber ILR Honors State Chamber of Oklahoma for Role in Passing Comprehensive Legal Reforms

    October 27, 2009 | Press Release

    WASHINGTON, D.C.-The U.S. Chamber Institute for Legal Reform (ILR) today presented the 2009 State Leadership Award to the State Chamber of Oklahoma for its years of legal reform advocacy, which was essential for the passage of the Comprehensive Lawsuit Reform Act of 2009 by the state legislature. ... Read More

  2. Who Really Speaks for Consumers in the Arbitration Debate?

    August 28, 2009 | Press Release

    Bank of America, the nation's largest bank, this month made a watershed change in how its millions of customers resolve their disputes when it eliminated arbitration clauses from their credit card contracts. BofA's announcement came on the heels of a legal settlement reached between the Minnesota attorney general and the National Arbitration Forum, one of the largest arbitration firms in the nation. The NAF agreed to cease all consumer arbitrations as a result of the lawsuit. ... Read More

  3. Death, Taxes ... and Lawsuits?

    August 06, 2009 | Press Release

    In 1789, American forefather Benjamin Franklin wrote, In this world nothing can be said to be certain, except death and taxes. Fast forward to 2009, and it seems that some of our elected officials are trying to amend Franklins two certainties by adding a third: lawsuits. The U.S. is already the most litigious country in the world, imposing a tort cost of around a quarter of a trillion dollars each year. ... Read More

  4. 'Pay to Play': The Plaintiffs' Lawyer Scandal that Shouldn't be Ignored

    July 29, 2009 | Press Release

    This week, the trial lawyer pay to play scandal continues to unfold, ratcheting up the public attention and the impetus for Congress and the S.E.C. to act. Yesterdays New York Times editorial, lauding the S.E.C.s new rules to end pay to play for public pension funds and 529 college savings plans invested by states, also concluded that, There is also another very large loophole that needs to be closed: lawyers make huge fees negotiating contracts for the state and the S.E.C. has no control over lawyers unless they are fronting for investors. Read the full editorial here.... Read More

  5. July Most Ridiculous Lawsuit Poll: The 'How Dare You Have the Same Name as I' Edition

    July 17, 2009 | Press Release

    My name is Bryan Quigley. Growing up in Springfield, Missouri, I was the only "Bryan Quigley" I knew. But now, thanks to instant information available on the Web and the explosion of social networking Web sites, I realize my name is not as unusual as I once assumed. Quick searches on Facebook and LinkedIn tell me there are at least 22 others with the name "Bryan Quigley around the world -- including three in Northern Virginia, where I currently reside. Add those to the 132 "Brians" spelled with an "I", and we have our own little Bryan/Brian Quigley army. But heaven forbid any one of us becomes rich and/or famous -- we just might be facing a lawsuit.... Read More

  6. June Most Ridiculous Lawsuit Poll -- The 'It's Good to Have a Hobby' Edition

    June 18, 2009 | Press Release

    To kill time in jail, some prisoners take up a hobby. In "The Shawshank Redemption," Andy Dufresne carved rocks into chess pieces. Paul Newmans character in "Cool Hand Luke" plotted and attempted numerous escapes from prison. And in "The Longest Yard," Burt Reynolds put together a team of inmates to take on the guards in a game of football. One nominee in this months Most Ridiculous Lawsuit Poll has his own way of passing his prison sentence he files lawsuits. In fact, this Lexington, Kentucky inmate has filed so many lawsuits (against everyone from Britney Spears and New England Patriots coach Bill Belichick, to everything from the Eiffel Tower and Black History Month), that the Guinness Book of World Records wants to name him the most litigious person in the world. But theres one catch: hes filed a lawsuit against Guinness to prevent them from crowning him the king of lawsuits.... Read More

  7. ILR Statement Regarding President Obama's Call to Reduce Excessive Medical Liability

    June 16, 2009 | Press Release

    We find it encouraging that President Obama is acknowledging the lawsuit epidemic and its impact on America's health care system, particularly as the Administration examines the critical issue of controlling healthcare costs. Numerous studies have proven that our out-of-control lawsuit system is forcing physicians to practice defensive medicine to avoid costly liability lawsuits. According to the Harvard School of Public Health, as much as 40 percent of medical liability lawsuits are entirely groundless.... Read More

  8. The American Export You Don't Want

    June 09, 2009 | Press Release

    America, the land of pioneers, has become known for its innovation. When Thomas Edison invented the light bulb and when Neil Armstrong walked on the moon, the spirit of Americas ingenuity changed the world. But there are a few American ideas that other countries would rather quarantine to our borders among them, Americas failed experiment with class action lawsuits. Indeed, the body of evidence against Americas class action lawsuit system is vast, which is why it is so troubling that, today, Europe seems on the verge of adopting a very similar system. In recent months, two Directorates General in the European Commission have forwarded proposals to create a class action system vulnerable to the same type of abuse we face in the U.S.... Read More

  9. White House Anti-Preemption Memo is a Trial Lawyer Ticket to More Lawsuits

    May 21, 2009 | Press Release

    There is little debate that the consequence of eliminating federal preemption of state laws is more lawsuits. In January, the plaintiffs' lawyer lobby announced their top priority was to gut preemption - which in reality translates into windfall profits for their members. This debate is about allowing plaintiffs' lawyers to open the floodgates of litigation against America's employers.... Read More

  10. It's 4th and Goal for Florida's Landmark Contingency Fee Reform Legislation

    April 30, 2009 | Press Release

    There is no doubt that Florida legislators have seen the recent series of editorials (one, two, three) in the Wall Street Journal outlining the latest national disgrace for the plaintiffs bar pay-to-play scandals involving state officials across the country. The stories are classic old-style politics: a special interest (private plaintiffs lawyers) make campaign contributions to state officials (in this case, attorneys general and one governor), and in return are hired with lucrative contingency fee contracts (typically resulting in multi-million dollar paydays) in deals done behind closed doors and often without competitive bids.... Read More

  11. Congress Should Consider Evidence over Hype in Arbitration Debate

    April 29, 2009 | Press Release

    Anti-arbitration advocates want more disputes taken to court, so they have been peddling studies and anecdotes to make the case against arbitration, including the ironically named Arbitration Fairness Act. Yet, they continue to ignore a growing body of evidence that verifies the benefits of the 84-year old arbitration system. ... Read More

  1. In the News Today - October 18, 2018

    October 18, 2018 | News

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

  2. 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

  3. In the News Today - October 17, 2018

    October 17, 2018 | News

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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. West Virginia Supreme Court Stops Chief Justice's Impeachment Trial

    October 12, 2018 | News

    The West Virginia Supreme Court voted 5-0 to stop the impeachment of Chief Justice Margaret Workman, saying that the three Articles of Impeachment that name her violate the state's separation of powers doctrine, the West Virginia Record reports.... Read More

  11. In the News Today - October 11, 2018

    October 11, 2018 | News

    Appeals Court Cuts $8.7 Million in Legal Fees Based on Coupons... 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