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.
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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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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »