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Justice Dept. Can Spur Investment in Compliance by Giving Companies Credit

June 15, 2018

The U.S. Department of Justice (DOJ) has placed a welcome focus lately on enlisting businesses as partners instead of adversaries in the fight against corporate wrongdoing. One way to strengthen this partnership is to offer concrete incentives for companies to make an up-front investment in ethics and compliance programs designed to detect and prevent violations in the first place.

  1. In the News Today - June 22, 2018

    June 22, 2018 | News

    CFPB Structure Ruled Unconstitutional By NY Federal Judge; Federal Attorney Hints at More Charges Over West Virginia Supreme Court Scandal... Read More

  2. Australian Defense Lawyer Disappointed in Class Action Report

    June 22, 2018 | News

    A class action defense lawyer in Australia said the Victorian Law Reform Commission's recommendation report on class action litigation regulation was "very disappointing," the Australian Financial Review reports.... Read More

  3. In the News Today - June 21, 2018

    June 21, 2018 | News

    West Virginia Supreme Court Justice Indicted on 22 Federal Counts... Read More

  4. Law Professor: "Lawsuit Lenders are Like Sharks to Shipwrecks"

    June 21, 2018 | News

    A law professor at Roger Williams University School of Law said "lawsuit lenders are like sharks to shipwrecks" who "capitaliz[e] on tragedy" in a response to a defense of the industry in Crain's New York Business.... Read More

  5. In the News Today - June 20, 2018

    June 20, 2018 | News

    Australian State Legal Commission Wants to Legalize Contingency Fees Arrangements... Read More

  6. Judge's Probe into Overbilling May Uncover Broad Corruption Scheme

    June 20, 2018 | News

    A Boston judge's probe into potential overbilling in the $300 million securities lawsuit against State Street Corp. has led to questions about potential public corruption involving plaintiffs' lawyers and an Arkansas pension fund, National Law Journal reports.... Read More

  7. In the News Today - June 19, 2018

    June 19, 2018 | News

    Australian Business Leaders Call for Class Action Review; "Bristol-Myers Squibb: 1 Year Later"... Read More

  8. Australian Financial Review Editorial Calls for Class Action Constraints

    June 19, 2018 | News

    An editorial from the Australian Financial Review called on the Australian government to regulate the explosion of securities litigation in the country.... Read More

  9. In the News Today - June 18, 2018

    June 18, 2018 | News

    Associate Attorney General Cites Importance of Corporate Compliance Culture; Australian Attorney General Backs Licensing as "Sensible Approach" to Regulation of Third Party Litigation Funding... Read More

  10. NYC Climate Lawyers on Shaky Legal Ground

    June 18, 2018 | News

    Forbes reports that the plaintiff's attorneys in the New York City climate litigation are seeking hefty compensation from oil companies for the act of producing and selling fossil fuels, but are not seeking any type of injunctive relief to stop them from doing so in the future.... Read More

  11. Judge Says Plaintiffs' Lawyers "Overreached" in $37.8 Million Fee Request

    June 15, 2018 | News

    A U.S. District judge said the 26 plaintiffs' firms in the Anthem data breach class action "overreached" by asking for nearly $38 million in fees, Law360 reports.... Read More

  1. In the News Today - June 22, 2018

    June 22, 2018 | News

    CFPB Structure Ruled Unconstitutional By NY Federal Judge; Federal Attorney Hints at More Charges Over West Virginia Supreme Court Scandal... Read More

  2. Australian Defense Lawyer Disappointed in Class Action Report

    June 22, 2018 | News

    A class action defense lawyer in Australia said the Victorian Law Reform Commission's recommendation report on class action litigation regulation was "very disappointing," the Australian Financial Review reports.... Read More

  3. In the News Today - June 21, 2018

    June 21, 2018 | News

    West Virginia Supreme Court Justice Indicted on 22 Federal Counts... Read More

  4. Law Professor: "Lawsuit Lenders are Like Sharks to Shipwrecks"

    June 21, 2018 | News

    A law professor at Roger Williams University School of Law said "lawsuit lenders are like sharks to shipwrecks" who "capitaliz[e] on tragedy" in a response to a defense of the industry in Crain's New York Business.... Read More

  5. In the News Today - June 20, 2018

    June 20, 2018 | News

    Australian State Legal Commission Wants to Legalize Contingency Fees Arrangements... Read More

  6. Judge's Probe into Overbilling May Uncover Broad Corruption Scheme

    June 20, 2018 | News

    A Boston judge's probe into potential overbilling in the $300 million securities lawsuit against State Street Corp. has led to questions about potential public corruption involving plaintiffs' lawyers and an Arkansas pension fund, National Law Journal reports.... Read More

  7. In the News Today - June 19, 2018

    June 19, 2018 | News

    Australian Business Leaders Call for Class Action Review; "Bristol-Myers Squibb: 1 Year Later"... Read More

  8. Australian Financial Review Editorial Calls for Class Action Constraints

    June 19, 2018 | News

    An editorial from the Australian Financial Review called on the Australian government to regulate the explosion of securities litigation in the country.... Read More

  9. In the News Today - June 18, 2018

    June 18, 2018 | News

    Associate Attorney General Cites Importance of Corporate Compliance Culture; Australian Attorney General Backs Licensing as "Sensible Approach" to Regulation of Third Party Litigation Funding... Read More

  10. NYC Climate Lawyers on Shaky Legal Ground

    June 18, 2018 | News

    Forbes reports that the plaintiff's attorneys in the New York City climate litigation are seeking hefty compensation from oil companies for the act of producing and selling fossil fuels, but are not seeking any type of injunctive relief to stop them from doing so in the future.... Read More

  11. Judge Says Plaintiffs' Lawyers "Overreached" in $37.8 Million Fee Request

    June 15, 2018 | News

    A U.S. District judge said the 26 plaintiffs' firms in the Anthem data breach class action "overreached" by asking for nearly $38 million in fees, Law360 reports.... Read More

  1. Justice Dept. Can Spur Investment in Compliance by Giving Companies Credit

    June 15, 2018 | Blogs

    The U.S. Department of Justice (DOJ) has placed a welcome focus lately on enlisting businesses as partners instead of adversaries in the fight against corporate wrongdoing. One way to strengthen this partnership is to offer concrete incentives for companies to make an up-front investment in ethics and compliance programs designed to detect and prevent violations in the first place.... Read More

  2. Missouri Furthers Legal Reform Progress with Transparency in Private Attorney Contracting

    June 07, 2018 | Blogs

    In an important victory for the integrity of Missouri's civil justice system, embattled former Gov. Eric Greitens signed one of the strongest Transparency in Private Attorney Contracting (TIPAC) bills in the nation on his last day in office.... Read More

  3. ILR Recommends Class Action Reforms to the Ontario Law Commission

    June 07, 2018 | Blogs

    Twenty-six years ago, the Ontario Class Proceedings Act introduced class action litigation to Canada's most populous province. The law has gone unchanged since, but the Ontario Law Commission will soon release a report, and likely some recommendations, to the province's government to consider.... Read More

  4. Canadian Court Thwarts Enforcement of Fraudulent Judgment

    May 30, 2018 | Blogs

    A long-running litigation campaign to force Chevron USA to pay a $9.5 billion Ecuadorian judgment, which a New York court found in 2014 to be a product of fraud and bribery, hit another roadblock last week in Canada.... Read More

  5. TCPA Plaintiffs' Attorney Admits Class Action Lawsuits Have "Not Cured the Problem"

    May 22, 2018 | Blogs

    Three weeks ago, U.S. Chamber Institute for Legal Reform (ILR) President Lisa A. Rickard said the Telephone Consumer Protection Act (TCPA) has become a "goldmine for plaintiffs' attorneys." ... Read More

  6. California Assembly Passes Bill to Rein In Dangerous Trial Lawyer Advertising

    May 17, 2018 | Blogs

    This afternoon, the California State Assembly overwhelmingly passed A.B. 3217, a bill that would outlaw "materially misleading" drug and medical device lawsuit advertising.... Read More

  7. Coming Soon to the Golden State: Truth in Legal Advertising

    May 16, 2018 | Blogs

    Plaintiffs' lawyers spend hundreds of millions of dollars on lawsuit advertising. A lot of this money flows to ads for lawsuits targeting prescription drugs and medical devices. The imagery is all too familiar: the TV screen flashes red, an ambulance siren goes off, spray-tanned actors dressed like doctors pronounce exaggerated warnings in dire tones, and at the end a number shows up on screen and the viewer is encouraged to join a lawsuit.... Read More

  8. Plaintiffs' Lawyers Looking for Absurd Attorneys' Fees Had a Rough Week

    May 14, 2018 | Blogs

    If two's a coincidence and three's a trend, what would you call six headlines in one week?... Read More

  9. Landmark Bill Would Pull Back Curtain on Secretive Lawsuit Funding Deals

    May 10, 2018 | Blogs

    Today, U.S. Senate Judiciary Committee Chairman Chuck Grassley (R-IA), along with Senators John Cornyn (R-TX) and Thom Tillis (R-NC), introduced the Litigation Funding Transparency Act (LFTA), a landmark bill to help bring the multi-billion dollar litigation financing industry out of the shadows.... Read More

  10. ILR Asks Federal Communications Commission to Define Automated Telephone Dialing System

    May 03, 2018 | Blogs

    Today, the U.S. Chamber Institute for Legal Reform (ILR), the U.S. Chamber of Commerce and 16 coalition partners filed a petition with the Federal Communications Commission (FCC), asking it to clarify the definition of an automated telephone dialing system (ATDS). ... Read More

  11. Wisconsin Forward: State Enacts Groundbreaking Litigation Funding Transparency Law

    April 03, 2018 | Blogs

    Today, Wisconsin Gov. Scott Walker helped the state live up to its "Forward" motto, and made good on his encouragement to the legislature to "get it done" on legal reform in 2018 by signing AB 773 into law. ... Read More

  1. Wootton to Relinquish Administrative Duties with Institute for Legal Reform

    October 27, 2002 | Press Release

    WASHINGTON, DC - The United States Chamber of Commerce has announced that James Wootton, a national leader in the fight for legal reform, will relinquish his administrative duties with the U.S. Chamber Institute for Legal Reform effective December 1.... Read More

  2. Chamber Urges Senate Panel to Pass Class Action Reform Bill

    July 30, 2002 | Press Release

    Washington, D.C., July 31, 2002 -- The United States Chamber of Commerce today urged the Senate Judiciary Committee to pass the Class Action Fairness Act (S. 1712), a bipartisan bill that would reform the out-of-control state class action lawsuit system.... Read More

  3. Chamber Urges Mississippians To Reform Flawed Legal System

    May 07, 2002 | Press Release

    WASHINGTON, D.C. - The United States Chamber of Commerce today urged the people of Mississippi to do everything they can to change the state's deeply flawed legal system that targets out-of-state businesses with frivolous lawsuits and outrageous verdicts. The Chamber also shared its concerns about the significant risks its members and all companies face when doing business in Mississippi.... Read More

  4. Chamber Praises House For Class Action Reform; Focus is Now on the Senate

    March 12, 2002 | Press Release

    WASHINGTON, D.C. - The United States Chamber of Commerce praised the U.S. House of Representatives today for passing the Class Action Fairness Act, by a vote of 233 to 190, and urged the Senate to follow suit. "For too long, America's legal system has made trial lawyers richer at the expense of innocent consumers, shareholders and businesses," said James M. Wootton, president of the Institute for Legal Reform, an affiliate of the U.S. Chamber. "Today lawmakers have sent a strong signal that the days of class action abuse are numbered."... Read More

  5. Chamber Urges Class Action Reform

    February 05, 2002 | Press Release

    WASHINGTON, D.C., Feb. 6, 2002 -- The United Sates Chamber of Commerce today urged the House Judiciary Committee to pass the Class Action Fairness Act (H.R. 2341) to end abuses of our legal system."Abusive and frivolous lawsuits are stunting economic growth and job creation," said James M. Wootton, president of the Institute for Legal Reform, an affiliate of the U.S. Chamber. "The Class Action Fairness Act will restore balance and fairness to our civil justice system while enhancing and protecting the rights of consumers and businesses alike."... Read More

  6. Chamber Releases Report Card on State Liability Systems

    January 21, 2002 | Press Release

    WASHINGTON, D.C. - The United States Chamber of Commerce today released a poll, conducted by HarrisInteractive, assessing the liability systems of all 50 states and ranking them on the perceived fairness or reasonableness of their litigation environments.... Read More

  7. Chamber Chides Senate for Inaction on Terrorism Insurance

    December 19, 2001 | Press Release

    WASHINGTON, D.C., Dec. 20, 2001 - The United States Chamber of Commerce today expressed its frustration over the Senate's failure to enact legislation to ensure the availability of terrorism insurance coverage for millions of businesses and provide modest liability protections.... Read More

  8. Chamber Survey Shows Business Insurance Gap Could Spell Disaster in Lawsuits, Catastrophic Claims

    December 03, 2001 | Press Release

    WASHINGTON, D.C., Dec. 4, 2001 - The United States Chamber of Commerce today highlighted the need for more affordable and reliable insurance options to help businesses cope with increased risks, releasing a survey showing business owners are concerned that major lawsuits or uninsured claims could drive them out of business. "Businesses are worried about increased liability, but many remain underinsured," said Chamber President and CEO Thomas Donohue. "In post-911, companies large and small are reexamining their insurance needs, and many current strategies are coming up short."... Read More

  9. Chamber Praises House Action on Terrorism Insurance, Urges Senate to Follow Suit to Avert Econo

    November 28, 2001 | Press Release

    WASHINGTON, D.C., Nov. 29, 2001 - The United States Chamber of Commerce today praised House passage of the Terrorism Risk Protection Act (H.R. 3210) to protect the availability of terrorism insurance coverage for millions of American businesses and limit lawsuits that seek to blame businesses for terrorist acts. The U.S. Chamber urged the Senate to follow suit quickly, as the heightened risk of future attacks threatens to undermine primary insurers' and reinsurers' ability to provide adequate future commercial insurance coverage.... Read More

  10. Chamber Urges Federal Energy Regulators to Preempt State Litigation on CA Power Dispute

    November 25, 2001 | Press Release

    WASHINGTON, D.C., Nov. 26, 2001 - The United States Chamber of Commerce urged the U.S. Federal Energy Regulatory Commission (FERC) to exercise its full and exclusive authority to preempt state courts from dictating how power companies determine electricity rates and compensate customers for overcharges.... Read More

  11. Chamber Applauds Senate Introduction Of Bill Curtailing Class Action Abuses

    November 15, 2001 | Press Release

    Washington, D.C., Nov. 16, 2001 - The U.S. Chamber of Commerce today applauded introduction of a Senate bill - S. 1712, "The Class Action Fairness Act of 2001" - that would allow complex national class actions to be tried in federal instead of state courts, where the rules are the same for all Americans.... Read More

  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. Collective Redress Tourism:
    Preventing Forum Shopping in the EU

    October 24, 2017 | Research

    The EU is experiencing a wave of new "collective redress" or "class action" mechanisms being introduced in the Member States. However, there is little consistency across the EU regarding when or how actions may be brought, and the features... Read More

  11. Bad for Your Health:
    Lawsuit Advertising Implications and Solutions

    October 24, 2017 | Research

    This paper documents the proliferation of alarmist, misleading ads soliciting the public to file lawsuits against prescription drug and medical device companies. The report explores how these ads exaggerate product risks, minimize benefits... Read More