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.
All Results for Research
The ILR Research Review - Winter 2015
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
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
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
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
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
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
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
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
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 »
101 Ways to Improve State Legal Systems: A User's Guide to Promoting Fair and Effective Civil Justice
101 Ways to Improve State Legal Systems offers some of the many options available to foster a sound legal system. It considers fair and effective measures to improve the litigation process, promote rational liability rules, and rein in excessive awards. Read More »
