Program Description: The introduction of “liberal discovery” into the Federal Rules of Civil Procedure (FRCP) was an important conceptual innovation; requiring parties to reveal relevant information should improve the speed and accuracy of dispute resolution. However, rather than promote the “just, speedy, and inexpensive determination of every action and proceeding,” as Rule 1 of the FRCP … Continue reading “Economic Efficiency, Civil Litigation, & Discovery Reform”
Program Description: Nearly twenty years ago, Congress created a statutory framework for asbestos bankruptcy trusts to shield manufacturers from additional tort liability and provide a fund for new claims. Today, questions and criticism regarding the transparency surrounding claims and controversial duplicate payments have led to calls for reform; responses include the Furthering Asbestos Claim Transparency Act … Continue reading “Asbestos Litigation”
Program Description: The Dodd-Frank Wall Street Reform and Consumer Protection Act mandated that the Consumer Financial Protection Bureau (CFPB) conduct a study on the use of pre-dispute arbitration clauses in consumer financial markets. In December 2013, the CFPB released preliminary results suggesting that few consumers opt to arbitrate their claims. The CFPB is empowered to enact … Continue reading “Arbitration & the CFPB”
Program Description: Within the next few weeks, the Supreme Court will decide whether the cornerstone of securities class action litigation embraced in the1988 case of Basic v. Levinson should remain in intact or be turned on its head as critics have proposed. The Basic decision allowed the “fraud on the market” theory, which assumes that public … Continue reading “Halliburton v. Erica P. John Fund: The End of Securities Fraud Litigation?”
Program Description: The 2014 Supreme Court Preview focused on two cases accepted for review that are “litmus tests” for the Court, namely the problems associated with the administrative state and its regulatory overreach. These cases, in particular, are very important to the regulated community. Both Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers … Continue reading “2014 Supreme Court Preview: Enhancing Judicial Review of Regulatory Decisions”
Program Description: Target, Home Depot, Neiman Marcus, and JP Morgan Chase are part of the expanding list of firms whose data systems have been breached in the last year, exposing customers to identity theft, financial fraud, and phishing scams. There has been growing concern that the state patchwork of data breach laws are leaving both businesses … Continue reading “Cyberattacks, Data Breaches, and Serial Litigation – Should Federal Data Security Legislation be on Congress’ Horizon?”
Program Description: Corporations that became targets of criminal investigations generally faced two choices: enter into a plea agreement or challenge the Department of Justice’s (“DOJ”) case in court. Since the early part of this century, however, the DOJ increasingly has relied on two innovative ways to settle criminal investigations: Deferred Prosecution Agreements (“DPAs”) and Non-Prosecution Agreements … Continue reading “Non-Prosecution and Deferred Prosecution Agreements: Promoting Efficient Settlements or Over-expansion of Corporate Criminalization?”
Program Description: EPA’s proposed regulations to control electrical power plants under Section 111(d) of the Clean Air Act have stirred a firestorm of controversy. Challengers insist that EPA has once again exceeded its authority. Supporters argue that the sweeping regulations are essential to avoid severe environmental harm. At this event, leading advocates and scholars discussed this … Continue reading “Emerging Issues Under the Clean Air Act Section 111 (d): Cooperative Federalism or Coercive Overreach?”
Program Description: Over the last four decades, virtually all former manufacturers of asbestos-containing thermal insulation have been forced into Chapter 11 bankruptcy. Today, scores of companies that filed for bankruptcy protection due to asbestos litigation have emerged from the 524(g) bankruptcy process, leaving in their place dozens of trusts funded with tens of billions of dollars … Continue reading “Asbestos Litigation and Bankruptcy Trusts: Time for Reform?”
Program Description: Momentum is growing in Congress to enact patent legislation to address abusive patent litigation practices. The concern is that patent licensing entities, known by the more popular term, “patent troll,” who own low-quality patents engage in deceptive practices with demand letters or exploit the high costs of patent litigation to extract nuisance settlements. The … Continue reading “Patent Trolls: The Good, The Bad, and The Ugly”
