Research

Research

Enforcement Gone Amok: The Many Faces of Over-Enforcement in the United States

May 26, 2016 | 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.

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

May 26, 2016 | 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.

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Insights & Inconsistencies: Lessons from the Garlock Trust Claims

Author: James L. Stengel and C. Anne Malik, Orrick, Herrington and Sutcliffe LLP | February 19, 2016 | Research

This report analyzes asbestos bankruptcy trust claims forms from the recent Garlock bankruptcy to address patterns of inconsistent and fraudulent claiming from one trust to another. Read More »

The ILR Research Review - Winter 2015

December 22, 2015 | Research

This edition of the ILR Research Review offers valuable insights from the latest of ILR's research on state legal climates, data privacy, multidistrict litigation (MDL) proceedings, and trial lawyer marketing. Read More »

The Waiting Game: Delay and Non-Disclosure of Asbestos Trust Claims

Author: Peter Kelso and Marc Scarcella, Bates White | December 17, 2015 | Research

This paper addresses the lack of transparency in asbestos bankruptcy trust systems, and the intentional delay and suppression of trust disclosures by plaintiffs and their counsel. Read More »

Trial Lawyer Marketing: Broadcast, Search and Social Strategies

Author: Ken Goldstein, University of San Francisco and Dhavan V. Shah, Sherpa Metrix LLC | October 27, 2015 | Research

This study presents findings that highlight the highly-sophisticated and well-orchestrated marketing tactics of the plaintiffs' bar, including television advertising and the use of social media. Read More »

A Perilous Patchwork: Data Privacy and Civil Liability in the Era of the Data Breach

Author: Liisa M. Thomas, Robert H. Newman, and Alessandra Swanson, Winston & Strawn LLP | October 27, 2015 | Research

This paper provides an overview of the patchwork of civil liability that U.S. companies face over data breaches, including actions by federal regulators, state attorneys general and private plaintiffs. Read More »

MDL Proceedings: Eliminating the Chaff

Author: John H. Beisner, Jessica D. Miller, and Jordan M. Schwartz, Skadden, Arps, Slate, Meagher & Flom LLP | October 27, 2015 | Research

This paper suggests procedural improvements to weed out dubious and fraudulent claims in the early stages of multidistrict litigation (MDL) proceedings to prevent them from becoming "lawsuit magnets." Read More »

Constitutional Constraints: Provisions Limiting Excessive Government Fines

Author: Paul D. Clement, Bancroft PLLC | October 27, 2015 | Research

This paper outlines the constitutional constraints that limit excessive and duplicative government fines and penalties, including the Excessive Fines Clause and Due Process Clause. Read More »

Should I Stay or Should I Go? A Forum Non Conveniens Checklist

Author: John B. Bellinger, III and R. Reeves Anderson, Arnold & Porter LLP | October 05, 2015 | Research

This paper highlights practice tips that corporate defendants should consider when gauging when and how to seek dismissal on forum non conveniens grounds to avoid litigation in U.S. courts in favor of litigation abroad. Read More »

The Trial Lawyer Underground: Covertly Lobbying the Executive Branch

Author: Victor E. Schwartz and Cary Silverman, Shook, Hardy & Bacon L.L.P. | September 30, 2015 | Research

This report highlights examples of the quiet and effective influence the American Association for Justice, the organization that lobbies on behalf of the plaintiffs' bar, exerts within the Executive Branch. Read More »

2015 Lawsuit Climate Survey: Ranking the States

Author: Harris Poll/Nielsen | September 10, 2015 | Research

The 2015 Lawsuit Climate Survey, the tenth fielding of the survey, explores how fair and reasonable the states' tort liability systems are perceived to be by U.S. businesses, and aims to quantify how corporate attorneys view the state systems. Read More »

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