This report examines the history and current state of the New York County Asbestos Litigation (NYCAL) unit of New York City's state trial court. The analysis concludes that the procedural features that have driven verdicts and settlements higher than those in other jurisdictions are likely to continue under the Revised Case Management Order, absent fresh judicial interpretation and methods of implementation that correct current problems. Read More
August 3, 2017
Leslie Caldwell appears to be conflicted -- and understandably so.
At last week's Federalist Society event, "The Limits of Federal Criminal Law," Caldwell, the Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, spoke clearly about concerns she had with the prosecutorial tactics of some U.S. Attorney offices around the country. Read More
December 19, 2016
WASHINGTON, D.C. — Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), made the following statement about the U.S. Department of… Read More
April 6, 2016
It's clear that the New York Times is out to try and prove that arbitration is bad for consumers. Its "special report" doesn't come close to making that case. Read More
November 4, 2015
// Annual Legal Reform Awards Luncheon – Special Remarks by: Thomas J. Donohue, President and Chief Executive Officer, U.S. Read More
October 27, 2015
Last week, the U.S. House Judiciary Committee favorably reported the Furthering Asbestos Claims Transparency (FACT) Act of 2012. The FACT Act is common-sense, bipartisan legislation that would simply require the personal injury settlement trusts established by bankrupt asbestos lawsuit defendants to file quarterly reports with the bankruptcy courts that describe their claims. It would also require trusts to respond to still-solvent asbestos litigants' requests for information on claims. Opponents of the FACT Act contend that it is unnecessary because there is no evidence of widespread fraud in the trust system and that the bill would somehow diminish victims' rights. They're wrong on both counts. Read More
June 14, 2013
The costs of liability systems can vary significantly from country to country with potential consequences for international competitiveness and productivity. Simply put, litigation costs affect the ability of companies to compete and prosper. But higher direct costs of doing business are just the tip of the iceberg: litigation also imposes indirect costs. These indirect costs stem from the uncertainty created by litigation, which may deter investment in high-cost jurisdictions. They also may affect companies' borrowing costs and hence their ability to invest, grow, and create jobs. Concerns surrounding litigation can also occupy management time, which may distort or hinder effective business decision making. Read More
June 14, 2013
WASHINGTON, D.C.—In a letter sent today, the U.S. Chamber Institute for Legal Reform (ILR) and more than 30 state, national, and international business and advocacy groups responded to guidance released by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) regarding their enforcement of the Foreign Corrupt Practices Act (FCPA). The letter commends the DOJ and the SEC for the clarity the guidance brings to certain enforcement issues, while also outlining where the business community requests further clarification. Read More
February 19, 2013
WASHINGTON, D.C.—U.S. Chamber Institute for Legal Reform (ILR) President Lisa A. Rickard today made the following statement about guidance released by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) on enforcement of the Foreign Corrupt Practices Act (FCPA):
“We commend DOJ and the SEC for upholding their commitment to issue guidance this year under the FCPA and for hearing out the business community’s concerns. This is the first time the key enforcement agencies have produced a unified document outlining interpretations, rationales and overall guidance for compliance. Read More
November 14, 2012
At the 13th Annual Legal Reform Summit on October 24, 2012, we pulled aside George J. Terwilliger, III, Senior Partner, White & Case LLP, and Matthew Miner, Partner, White & Case LLP, to discuss a new paper entitled, "Legal Limbo: Seeking Clarity in How and When the Department of Justice Declines to Prosecute." Read More
October 26, 2012
This paper addresses the need for change and improvement in the process by which the Department of Justice ("DOJ" or "the Department") notifies subjects of its investigations that matters have been closed with no prosecution and in how the Department documents publicly the generic reasons behind these decisions. Read More
October 24, 2012
WASHINGTON, D.C.—The U.S. Chamber Institute for Legal Reform today hosted a roundtable discussion on the Foreign Corrupt Practices Act (FCPA), and forthcoming guidance from the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) on enforcement of the statute. Read More
April 11, 2012
WASHINGTON, D.C.—The U.S. Chamber Institute for Legal Reform (ILR) and a broad-based business coalition today sent a letter to the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) regarding forthcoming guidance on enforcement under the Foreign Corrupt Practices Act (FCPA). The letter identifies numerous critical areas that the administration’s guidance should address in order to provide much needed clarity and certainty for businesses making a good faith effort to comply with the statute. Read More
February 21, 2012
WASHINGTON, D.C.—Lisa A. Rickard, president of the U.S. Chamber’s Institute for Legal Reform, issued the following statement regarding Assistant Attorney General Lanny Breuer’s announcement today that the Department of Justice would issue guidance on the enforcement of the Foreign Corrupt Practices Act (FCPA). Read More
November 8, 2011
This Legal Reform Summit panel examined regulatory and enforcement activity through the lens of the False Claims Act, Foreign Corrupt Practices Act, The Lacey Act, exclusion authority, and the activities at the Securities Exchange Commission. Read More
October 26, 2011
The following is Mike Carter's testimony to the U.S. House Judiciary Subcommittee on the Constitution. Mike previously shared his story as part of ILR's Faces of Lawsuit Abuse campaign.
Chairman Franks, Ranking Member Nadler and Members of the Subcommittee, thank you for inviting me to testify today. My name is Mike Carter, and I'm the President of Monroe Rubber & Gasket Co.
Monroe Rubber & Gasket is a small family business founded in 1975. As our name suggests, we handle rubber products, hose, and gaskets. The largest buyers of our products are end users, including paper mills and chemical plants. We have two facilities, one in Monroe, Louisiana and a second in El Dorado, Arkansas. Combined, these two locations employ twenty five people. Read More
September 9, 2011
The comedian W.C. Fields once said, "If at first you don't succeed, try, try again. Then give up. There's no point in being a damn fool about it."
Unfortunately, McLean County courts do not ascribe to this wisdom. If they did, they wouldn't continue to ignore the will of Illinois' Supreme Court and appellate courts by handing out large verdicts in dubious asbestos cases that the upper courts keep rejecting.
The most recent rejection involves a 2009 case brought by a McLean County woman who contracted mesothelioma, a rare form of cancer, from breathing asbestos fibers her husband brought home on his clothing during the three years in the 1950s he worked at the now bankrupt Union Rubber & Asbestos Co. (UNARCO) in Bloomington. Read More
August 31, 2011
WASHINGTON, D.C. – Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, issued the following statement regarding the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security’s hearing today to examine the Foreign Corrupt Practices Act (FCPA): Read More
June 13, 2011
This white paper responds to the Top 10 Tort Tools. It provides tips to litigators on how to persuade judges not to apply provisions in the new Restatement in ways that are not supported by law or sound public policy. It also refers, where relevant, to model legislation that can prevent the "Top 10 Tools" from doing significant harm. Read More
May 10, 2011
This paper presents a series of amendments that would serve to improve the U.S. Foreign Corrupt Practices Act ('FCPA'). That statute was enacted by Congress and signed into law by President Carter in late 1977. Congress's primary aim in enacting the FCPA was to prohibit U.S. companies and companies operating in the U.S. from paying bribes to foreign government officials, politicians, and political parties for the purpose of obtaining business opportunities abroad. Read More
October 27, 2010