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
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 »
As Kiobel Turns Two: How the Supreme Court is Leaving the Details to Lower Courts
This paper explores the effect of the U.S. Supreme Court's Kiobel decision on Alien Tort Statute (ATS) litigation in lower courts, and how lower courts have struggled to determine whether Kiobel permits U.S. corporations to be sued under the ATS for alleged torts in foreign countries. Read More »
The ILR Research Review - Spring 2015
This edition of the ILR Research Review offers valuable insights from the latest of ILR's research on enforcement slush funds, Canadian class actions, emerging litigation trends and theories from the plaintiffs' bar, and recent state tort law rulings. Read More »
Enforcement Slush Funds: Funding Federal and State Agencies with Enforcement Proceeds
This paper addresses the growing practice of federal law enforcement officials and state attorneys general using public money generated from litigation settlements for their own use or for their preferred projects and charities. Read More »
Painting an Unsettling Landscape: Canadian Class Actions 2011-2014
This paper expounds upon notable developments in Canadian class actions and provides commentary on how businesses facing putative class actions in Canada can best defend against these lawsuits and participate in potential opportunities for reform. Read More »
