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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 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. 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

  4. In the News Today - October 18, 2018

    October 18, 2018 | News

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

  5. 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

  6. In the News Today - October 17, 2018

    October 17, 2018 | News

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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  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. Chamber Targets Excessive Legal Fees

    March 13, 2001 | Press Release

    WASHINGTON, D.C. - The United States Chamber of Commerce and the U.S. Chamber Institute for Legal Reform (ILR) filed Freedom of Information Act (FOIA) requests in 21 states today, seeking all documents and contracts pertaining both to the hiring of outside counsel in tobacco litigation and to the size of the attorneys' fees. The Chamber also called on Congress to investigate the excessive legal fees.... Read More

  2. Chamber Warns of

    February 05, 2001 | Press Release

    WASHINGTON, D.C., Feb. 6, 2001 - The United States Chamber of Commerce warned lawmakers on Capitol Hill that Americans need better access to health care, not legislation that could potentially force employers to pull the plug on coverage for their workers. "Americans need more access to doctors, not lawyers," said Bruce Josten, Chamber executive vice president. "Opening the door to more health care litigation only invites more out-of-control lawsuits and staggering prices at a time of near-record health care cost inflation."... Read More

  3. Chamber Wins Free Speech Case

    November 05, 2000 | Press Release

    WASHINGTON, D.C., Nov. 6, 2000 - The United States Chamber of Commerce hailed Supreme Court Justice Antonin Scalia's ruling today that Mississippi may not prevent the Chamber from airing its educational issue ads. "Justice Scalia upheld our fundamental right to free speech," said Thomas Donohue, President and CEO of the United States Chamber of Commerce. "These ads provide crucial information to the citizens of Mississippi on the impact of judicial elections on jobs and justice and are protected under the First Amendment."... Read More

  4. Chamber Blasts Senate Commerce Bill Criminalizing Product Liability Laws

    September 24, 2000 | Press Release

    WASHINGTON, D.C., Sept. 25, 2000 - The United States Chamber of Commerce strongly opposed legislation that would add criminal penalties to product liability laws covering auto equipment and cars, in a letter sent to Senators. "Adding criminal penalties to product liability laws will not create safer products," said Bruce Josten, Chamber executive vice president. "There already are numerous ways that consumers can punish companies for defective products, both through punitive damage awards in civil cases or through criminal penalties for fraud."... Read More

  5. Chamber Applauds Milwaukee Council for Deciding Against Lead Paint Suit

    September 05, 2000 | Press Release

    WASHINGTON, D.C., Sept. 6, 2000 - The U.S. Chamber Institute for Legal Reform applauded today's decision by the Common Council of the City of Milwaukee postponing a planned lawsuit against former manufacturers of lead pigment and lead-based paint. In a 10-7 vote, the Council members elected to postpone plans for the lawsuit, which would have claimed that lead paint manufactured decades ago had harmed city residents.... Read More

  6. Chamber Sues Milwaukee for Stonewalling Lead Paint Records Request

    August 15, 2000 | Press Release

    WASHINGTON, D.C., Aug. 16, 2000 - The United States Chamber of Commerce Institute for Legal Reform announced today that it has filed suit against the City of Milwaukee to compel compliance with its Open Records request filed last month. The original request was to determine Milwaukee's culpability as the city considered suing former manufacturers of lead pigment and lead-based paint.... Read More

  7. Chamber Calls Florida Verdict Obscene

    July 13, 2000 | Press Release

    WASHINGTON, D.C., July 14, 2000 - The United States Chamber of Commerce called today's decision by a Florida jury, awarding defendants in a tobacco case $145 billion dollars in punitive damages, "an obscene symptom of a court system that is out-of-control. "Trial lawyers have subverted the legal system for their own financial gain," said Bruce Josten, Chamber Executive Vice President. "Legitimate, but politically out-of-favor businesses have been attacked by attorneys driven by the prospect of absurd punitive damage awards."... Read More

  8. Anti-Arbitration Bill Sets Dangerous Precedent, Warns U.S. Chamber of Commerce

    June 07, 2000 | Press Release

    WASHINGTON, D.C., June 8, 2000 - In testimony before the House Judiciary Subcommittee on Commercial and Administrative Law, the United States Chamber of Commerce today criticized the Fairness and Voluntary Arbitration Act, H.R. 534, for undermining contracts and forcing businesses that have agreed to work through the arbitration process into the congested court system.... Read More

  9. Chamber Supports House Judiciary Committee Asbestos Litigation Reform Bill

    March 15, 2000 | Press Release

    WASHINGTON, D.C., March 16, 2000 - The United States Chamber of Commerce today called the House Judiciary Committee's passage of the Fairness in Asbestos Compensation Act (H.R. 1283) an important step toward resolving billions of dollars in compensation claims. The asbestos litigation reform bill is designed to speed settlements, unclog courts and restore a measure of predictability for affected companies. The proposal establishes federal authority to speed compensation to the hundreds of thousands of people physically harmed by asbestos.... Read More

  10. Chamber Supports Keeping Binding Arbitration Current System Works to Settle Disputes Fairly

    February 29, 2000 | Press Release

    WASHINGTON, D.C., March 1, 2000 - The United States Chamber of Commerce called on Congress to maintain the current binding arbitration system for workplace disputes, in testimony before the Senate Judiciary Committee.... Read More

  11. Chamber Says Product Liability Bill Restores Legal Fairness, Protects Small Business

    February 15, 2000 | Press Release

    WASHINGTON, D.C., Feb. 16, 2000 - Legislation passed by the House of Representatives today will reform product liability laws to protect small businesses from costly and frivolous lawsuits that could jeopardize their future, the United States Chamber of Commerce said.... 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