Cause For Action: An ILR Podcast: Recent Episodes
InstituteForLegalReform
On this episode of ILR’s Cause for Action podcast, we reflect on the latest U.S. Supreme Court term, which wrapped up on June 30. Jennifer Dickey, deputy chief counsel at the U.S. Chamber of Commerce Litigation Center, is joined by Chris Michel, partner at Quinn Emanuel, to discuss a few noteworthy cases and what they mean for businesses.
Jennifer and Chris discuss several cases, including Twitter v. Taamneh, Sackett v. EPA, Axon Enterprise, Inc. v. FTC, and SEC v. Cochran. These cases are among the 17 victories the Litigation Center helped secure that will have a significant impact across the business community.
The Litigation Center continues to be the preeminent legal advocate for the business community. Click here to learn more about their work.
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As we forge ahead in the data-driven economy, it is imperative to develop public policies that can effectively match its pace.
Unfortunately, conflicting privacy regulations at the federal and state level are creating a high level of uncertainty around compliance, disproportionately impacting small businesses striving to maintain competitiveness.
On the latest episode of Cause for Action, James Locke, director of legislative affairs at ILR is joined by Jordan Crenshaw, senior vice president at the U.S. Chamber of Commerce’s Technology Engagement Center (C_TEC). Together they explore the evolving landscape of inconsistent federal and state data privacy laws and regulations, highlighting how private rights of action create excessive liability exposure and uncertainty for companies.
James and Jordan also discuss the challenges that the patchwork of state laws pose on businesses in terms of compliance, innovation, and the potential financial penalties associated with data privacy violations.
Join us as we unravel the complexities of these emerging trends and their implications for the business world.
In January, the Consumer Financial Protection Bureau (CFPB) released a proposed rule to implement a “Terms & Conditions Registry.” If finalized, the CFPB’s proposed rule will create a “name-and-shame” public database of various terms and conditions—including arbitration agreements—used in consumer complaints, harming businesses and consumers without any real benefit.
In response to this misguided proposed rule, the U.S. Chamber recently submitted a comment letter, and a coalition letter with ten other trade associations, opposing the rule. Washington, D.C.-based strategic economic and communication firm ndp | analytics also recently conducted and released a study critiquing the proposed rule.
On this episode of Cause for Action, Matt Webb, senior vice president for legal reform policy at ILR, is joined by Mary Donovan, principal and senior economist at ndp | analytics, and Bill Hulse, vice president of the Chamber’s Center for Capital Markets Competitiveness.
During this episode, Matt, Mary, and Bill explain the implications of the proposed rule on businesses and consumers and how an npd | analytics study refutes some of the premises the CFPB uses to justify its proposed rule.
Third party litigation funding (TPLF) has been in the news recently, yet most people don’t know it is a multi-billion-dollar industry that allows hedge funds and other financiers to secretly invest in lawsuits in exchange for a percentage of any settlement or judgment. ILR has advocated for disclosure and transparency of funding agreements so all parties in a lawsuit know who is funding and controlling the litigation.
In this episode of Cause For Action, Page Faulk, ILR’s senior vice president for legal reform initiatives, has an in-depth discussion with Skadden, Arps, Slate, Meagher & Flom Partner, John Beisner, on why transparency is needed, whether foreign governments could be investing in U.S. lawsuits against American companies, and what a recent lawsuit against one of the biggest litigation funders reveals about the industry.
The year’s first two quarters are the busiest time for ILR’s state advocacy team. This is because most state legislatures are part-time, meaning lawmakers have anywhere from a few weeks to a few months to debate and enact hundreds of bills, including reforms that bring balance and fairness to each state’s lawsuit climate.
On this episode of Cause for Action, ILR Associate Directors for Legislative Affairs Rachelle Mortimer and David Meyerson discuss various legal reform issues being addressed in state legislatures during the 2023 sessions, including trial lawyer advertising and third party litigation funding.
On November 2, ILR hosted Summit 2022: Law · Policy · Politics, where we brought together extraordinary panelists to talk about critical issues facing the legal reform community.
This episode of Cause for Action is part of a special series of podcast episodes highlighting these panels. In this episode, you’ll hear international experts discuss the UK's burgeoning class action and litigation funding industries, the impending creation of class action regimes across the European Union, and the implications of these trends for the business community.
The episode is moderated by Christiaan Weiland, Director of Public Affairs, Weiland Public Affairs in London, and features panelists:
· Jeroen Kortmann, Partner, Stibbe
· Martina de Lind van Wijngaarden, Partner, Freshfields Bruckhaus Deringer
On November 2, ILR hosted Summit 2022: Law · Policy · Politics, where we brought together extraordinary panelists to talk about critical issues facing the legal reform community.
This episode of Cause for Action is part of a special series of podcast episodes highlighting these panels. In this episode, you’ll learn how the lack of disclosure of third party litigation funding provides a path for foreign adversaries to invest in U.S. litigation against American industries, potentially undermining U.S. national economic and security interests.
The episode features a discussion between Jamil N. Jaffer, Assistant Professor of Law and Founder and Executive Director of the National Security Institute at George Mason University’s Antonin Scalia Law School, and Michael Leiter, Partner, Skadden, Arps, Slate, Meagher & Flom LLP.
On November 2, ILR hosted Summit 2022: Law · Policy · Politics, where we brought together extraordinary panelists to talk about critical issues facing the legal reform community.
This episode of Cause for Action is part of a special series of podcast episodes highlighting these panels. This episode will provide a deep dive into some of the litigation trends businesses are facing from the perspectives of two general counsel of major companies.
The episode is moderated by Brackett Denniston, Chair of ILR and Senior Counsel at Goodwin Procter LLP, and features panelists:
- Michael Ullmann, Executive Vice President, General Counsel, Johnson & Johnson
- David Battisti, General Counsel, Penske Transportation Solutions
On November 2, ILR hosted Summit 2022: Law · Policy · Politics, where we brought together extraordinary panelists to talk about critical issues facing the legal reform community.
This episode of Cause for Action is part of a special series of podcast episodes highlighting these panels. In this episode, you’ll hear Virginia Attorney General (AG) Jason Miyares and Maryland AG Brian Frosh discuss their priorities and perspectives regarding enforcement, consumer protection, and other areas important to the business community.
The episode is moderated by former Florida AG and Congressman Bill McCollum, who now co-chairs Dentons’ U.S. State Attorneys General Practice, and features panelists:
- Jason Miyares, Attorney General of Virginia
- Brian E. Frosh, Attorney General of Maryland
On November 2, 2022, ILR hosted Summit 2022: Law · Policy · Politics, where we brought together experts to discuss critical issues facing the legal reform community.
This episode of Cause for Action is part of a special series highlighting these panels. In this episode, you’ll hear about government overreach at various federal agencies and the likelihood of increased activity after the November 2022 elections.
The panel is moderated by Neil Bradley, the U.S. Chamber’s chief policy officer, and features:
· David Ogden, partner at Wilmer Hale
· Gene Scalia, partner at Gibson, Dunn & Crutcher
· Julia Malkina, partner at Sullivan & Cromwell LLP
Small businesses face significant challenges from the U.S. civil justice system, including the rise of frivolous lawsuits. On this episode of Cause for Action, U.S. Chamber of Commerce Chief Legal Officer, Executive Vice President, and ILR President Harold Kim is joined by U.S. Chamber Vice President for Small Business Policy, Tom Sullivan.
The majority of U.S. Chamber of Commerce members are small businesses, ranging from self-employed to enterprises. During this Cause for Action podcast episode, we hear how the U.S. Chamber of Commerce Small Business Council is here to help our small businesses and owners across the country that have a major impact on our communities and economy.
On November 2nd, we hosted Summit 2022: Law, Policy, & Politics, where we brought together extraordinary panelists to talk about critical issues facing the legal reform community. This episode of Cause for Action is part of a special series of podcast episodes to highlight these panels.
In this episode, you’ll hear how private rights of action and shareholder activism are changing the legal landscape for businesses of all sizes. The panel was moderated by ILR President and Chief Legal Officer Harold Kim, and featured Andrew Davis, partner at Lehotsky Keller; Kyla Christoffersen Powell, CEO and president of the Civil Justice Association of California; and Elizabeth Ising, partner at Gibson, Dunn & Crutcher.
What’s it like to intern at the Chamber’s Institute for Legal Reform? On this episode of Cause for Action,ILR President Harold Kim is joined by Ryan Duff and Kae’la Morton, former ILR legal fellows and current Howard University School of Law students.
Ryan and Kae’la talk with Harold about their intern experiences, what they enjoyed most about working at ILR, and what their plans are post-graduation.
Former U.S. Deputy Attorney General Larry Thompson joins Cause for Action to discuss his impressive career and memorable experiences at the U.S. Department of Justice, and how the DOJ handles corporate enforcement.
Larry is interviewed by John Abegg, ILR’s executive vice president, and they cover topics such as the tradition of Deputy Attorneys General writing memos to outline DOJ policies or practices, the recent "Monaco Memos," and the controversial practice of “slush fund” settlements. Stay for an entertaining story about Larry and former President George W. Bush.
Larry is currently of counsel at Finch McCranie.
On this episode of ILR's Cause for Action podcast, we share a preview of the upcoming U.S. Supreme Court term. Jenn Dickey, associate chief counsel at the U.S. Chamber of Commerce Litigation Center is joined by Brinton Lucas, of counsel at Jones Day, to discuss several important business cases to be argued before the Supreme Court. The cases we'll discuss include Sackett v. EPA, National Pork Producers Council v. Ross, and Axon Enterprise, Inc. v. Federal Trade Commission.
In Sackett v. EPA, Jenn and Brinton explore whether the 9th Circuit set forth the proper test on determining if wetlands are "waters of the United States" under the Clean Water Act. In National Pork Producers Council v. Ross,we weigh whether California's Prop 12–which prohibits the sale of pork from animals confined in a smaller space than approved under California's standards–imposes undue burden on interstate commerce. Then, in Axon Enterprise, Inc. v. Federal Trade Commission, we discuss whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC.
We are anticipating another blockbuster U.S. Supreme Court term, with multiple cases having a significant impact on the business community. This is one you'll want to pay close attention to.
On this episode of ILR's Cause for Action podcast, we share a preview of the upcoming U.S. Supreme Court term. Jenn Dickey, associate chief counsel at the U.S. Chamber of Commerce Litigation Center is joined by Brinton Lucas, of counsel at Jones Day, to discuss several important business cases to be argued before the Supreme Court. The cases we'll discuss include Sackett v. EPA, National Pork Producers Council v. Ross, and Axon Enterprise, Inc. v. Federal Trade Commission.
In Sackett v. EPA, Jenn and Brinton explore whether the 9th Circuit set forth the proper test on determining if wetlands are "waters of the United States" under the Clean Water Act. In National Pork Producers Council v. Ross,we weigh whether California's Prop 12–which prohibits the sale of pork from animals confined in a smaller space than approved under California's standards–imposes undue burden on interstate commerce. Then, in Axon Enterprise, Inc. v. Federal Trade Commission, we discuss whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC.
We are anticipating another blockbuster U.S. Supreme Court term, with multiple cases having a significant impact on the business community. This is one you'll want to pay close attention to.
As part of its green deal climate policy, the European Commission has proposed environmental, social, and governance (ESG) initiatives to impose extensive new financial reporting and compliance obligations on companies.
In ILR's latest Cause For Action podcast episode, Scevole de Cazotte, Senior Vice President of International Initiatives invites Ken Daly, managing partner at Sidley Austin to discuss the European Commission's proposed directive on corporate sustainability due diligence. The drafted directive would create new regulatory and liability burdens for companies operating in and outside of the EU. In this podcast episode, we address some important questions raised by the proposed initiatives.
The U.S. Supreme Court’s 2021 ruling in TransUnion LLC v. Ramirez resolved fundamental constitutional questions about what a plaintiff must do to establish standing to bring a federal lawsuit. The Court held that to do so, a plaintiff must have suffered a “concrete” injury, and it clarified the standard for determining whether an alleged injury is sufficiently concrete.
In this episode of ILR's Cause for Action podcast, Jenn Dickey, associate chief counsel at the U.S. Chamber of Commerce Litigation Center, and Archis Parasharami, a litigation partner at Mayer Brown, talk about the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez and its impact one year later.
The U.S. Supreme Court’s 2021 ruling in TransUnion LLC v. Ramirez resolved fundamental constitutional questions about what a plaintiff must do to establish standing to bring a federal lawsuit. The Court held that to do so, a plaintiff must have suffered a “concrete” injury, and it clarified the standard for determining whether an alleged injury is sufficiently concrete.
In this episode of ILR's Cause for Action podcast, Jenn Dickey, associate chief counsel at the U.S. Chamber of Commerce Litigation Center, and Archis Parasharami, a litigation partner at Mayer Brown, talk about the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez and its impact one year later.
If you've ever voted in a state election, you have likely voted for an attorney general-unless you live in one of the seven states that appoint their attorney general. However, you may be wondering-what exactly is an attorney general responsible for?
In this episode of Cause For Action, Page Faulk, senior vice president of legal reform initiatives, welcomes Rob McKenna, former Washington state AG and partner at Orrick for a conversation on what state attorneys general do, and the critical role that these top legal officers play in both state and national policy.
If you've ever voted in a state election, you have likely voted for an attorney general-unless you live in one of the seven states that appoint their attorney general. However, you may be wondering-what exactly is an attorney general responsible for?
In this episode of Cause For Action, Page Faulk, senior vice president of legal reform initiatives, welcomes Rob McKenna, former Washington state AG and partner at Orrick for a conversation on what state attorneys general do, and the critical role that these top legal officers play in both state and national policy.
Over the past decade or so, plaintiffs’ lawyers and litigation funders have set their sights on bringing the worst parts of the U.S. lawsuit system to countries like Australia, Canada, the European Union, and the UK. This troubling trend is especially problematic in the UK, which is seeing a rapid increase in collective action lawsuits against businesses.
In this episode of Cause for Action, Scévole de Cazotte, ILR’s senior vice president of international initiatives, is joined by Kenny Henderson, one of the UK’s premier defense lawyers, to talk about troubling litigation trends and cases, including the UK Supreme Court’s decision in a £3bn data protection class action against Google.
In the episode of Cause for Action, Matt Webb, senior vice president for legal reform policy at the U.S. Chamber of Commerce Institute for Legal Reform, speaks with Megan Brown, a partner at Wiley LLP, to talk about recent efforts by states to enact their own “mini” Telephone Consumer Protection Act (TCPA) laws.
Matt and Megan cover a wide range of topics, including:
- What is the TCPA?
- An update on the Facebook, Inc. v. Duguid case.
- The noticeable uptick in litigation after states enacted their own TCPA laws.
How lawmakers can best thread the needle to protect consumers from bad actors while simultaneously preserving streamlined communications between businesses and customers
In this episode of Cause for Action, Nathan Morris, senior vice president, legal reform advocacy at the U.S. Chamber of Commerce Institute for Legal Reform, is joined by Lee Parsley, the general counsel of Texans for Lawsuit Reform, to discuss some of the issues the trucking industry faces and what legislators can do to make sure that excessive lawsuits don’t shut down this critical industry.
Lee and Nathan also discuss how the trucking industry faces more “nuclear verdicts,” which are massive jury verdicts worth $10 million or more, than most other industries.
Drones are revolutionizing America’s airspace and raising novel legal questions. In this episode of Cause for Action, ILR Senior Vice President Oriana Senatore interviews Joshua Turner, one of the authors of ILR’s research paper, Torts of the Future: Drones, and a partner at Wiley Rein LLP. Oriana and Joshua dive into the report’s findings, and the future of drones in our courts.
Torts of the Future: Drones takes an in-depth look at the current federal and state regulatory regime for commercial drone use and examines how courts, legislators, and secondary actors contribute to shaping tort law as it applies to drones. ILR’s research asserts that despite the relative technological novelty of drones, the creation of new tort law doctrines to address them is neither necessary nor desirable.
On October 19th, 2021, ILR hosted Summit 21: On the Horizon, where we brought together extraordinary panelists to talk about critical issues facing the legal reform community. This episode of Cause for Action is part of a special series of podcast episodes highlighting these panels.
The panel explored some of the new business models and legal theories the plaintiffs’ bar uses to expand liability and increase litigation. The panel also discussed the ins and outs of mass arbitration and what litigation threats we can expect during a post-pandemic “return to normal".
Laura Lazarczyk, executive vice president, chief legal officer & corporate secretary at Zurich North America, moderated the panel. Panelists included Bill Martucci, a partner at Shook Hardy & Bacon; Steve Lehotsky, a partner at Lehotsky Keller; and Stef Zielezienski, executive vice president and chief legal officer at American Property Casualty Insurance Association.
On October 19th, 2021, ILR hosted Summit 21: On the Horizon, where we brought together extraordinary panelists to talk about critical issues facing the legal reform community. This episode of Cause for Action is part of a special series of podcast episodes highlighting these panels.
This panel of experts reviewed trends and forecasts in the European litigation environment, particularly in the areas of competition and antitrust, data privacy, climate change, and consumer collective actions.
The panel was moderated by Ken Daly, a partner at Sidley Austin, and featured Branda Katan, a partner at Stibbe, and Kenny Henderson, a partner at CMS Cameron McKenna Nabarro Olswang
On October 19th, 2021, ILR hosted Summit 21: On the Horizon, where we brought together extraordinary panelists to talk about critical issues facing the legal reform community. This episode of Cause for Action is part of a special series of podcast episodes highlighting these panels.
This panel explored how the pandemic changed the litigation process for good and bad, and what potential pitfalls and litigation threats remain.
The panel included Jeffrey Bucholtz, a partner at King & Spalding; Andrew Clubok, partner at Latham & Watkins; and moderated by Daryl Joseffer, executive vice president and chief counsel for the U.S. Chamber Litigation Center.
Third party litigation funding (TPLF) is a multibillion-euro global industry that allows hedge funds and other financiers to invest in lawsuits in exchange for a cut of any settlement or award. The industry operates in the shadows, meaning that no one knows who has invested in a lawsuit. The European Parliament is considering a series of safeguards for the industry to operate in the EU. A new survey conducted by European polling firm WorldThinks found that most European Union consumers want safeguards if third party litigation funding is allowed.This episode of Cause for Action dives into WorldThinks’ recent survey about the burgeoning EU lawsuit finance industry. This episode was hosted by ILR Senior Vice President for International Affairs Scévole de Cazotte and featured Cordelia Hay, an associate partner at WorldThinks. Scevole and Cordelia look at how the survey was conducted and the results.
The U.S. securities litigation system is actively exploited by plaintiffs’ lawyers who routinely force investors to pay hundreds of millions of dollars in unjustified litigation and settlement costs each year. ILR’s recently released ILR Briefly: Courting Confusion: Federal Securities Class Actions Don’t Belong In State Court which looks at how the U.S. Supreme Court’s 2018 Cyan decision exacerbated the problem by permitting plaintiffs to litigate a significant category of federal securities class action cases—those asserting claims under the Securities Act of 1933 —in state courts and in federal court.This episode of Cause for Action dives into Courting Confusion, the Cyan decision, the Securities Act of 1933, and reforms that could ensure a fairer securities system for all. The episode features a conversation between Kevin LaCroix, an attorney, and author of the influential and widely-followed D&O Diary, and Andrew Pincus, a partner at Mayer Brown and the author of Courting Confusion.
It is easy to laugh when you hear about someone suing over ice in their iced coffee or seeking millions because a foot-long sub is not a literal foot long, but the reality is these lawsuits are clogging up our courts. A recently released research paper looks at how food and beverage marketing lawsuits have increased 52 percent in the past four years. In this episode of Cause For Action, ILR Senior Vice President Oriana Senatore interviews Cary Silverman, one of the authors of The Food Court: Developments In Litigation Targeting Food And Beverage Marketing, and a partner at Shook Hardy and Bacon. Oriana and Cary dive into the report’s findings, how New York overtook California as the nation’s top Food Court, and what’s Cary’s favorite example in the paper.
The U.S. Chamber Litigation Center has taken over Cause For Action to provide listeners with an in-depth look at the Supreme Court's most recent term, and a preview of the Court’s October Term 2021.
In this episode of Cause for Action, ILR President Harold Kim sits down with Howard University School of Law Dean Danielle Holley-Walker to discuss the importance of diversity in law, the role mentors play for young lawyers, non-traditional barriers diverse law students face, and how ILR’s new partnership with Howard Law will connect the next generation of law students with the business community.
In March 2019, ILR released its groundbreaking white paper, Mitigating Municipality Litigation: Scope and Solutions, which examined a then-emergent surge in litigation by cities, counties, and other political subdivisions seeking to harness the business community with responsibility for a wide range of societal ills.Two years later, that trend has experienced massive growth, with thousands of locality plaintiffs asserting claims that, until recently, were understood to belong to states alone. This episode features Page Faulk, ILR’s senior vice president for legal reform initiatives, Elbert Lin and Trevor Cox of the Hunton Andrews Kurth Law firm. Elbert and Trevor are the authors of both of ILR’s Municipality Litigation research papers
ILR’s Summit 2020: Future in Focus featured a panel discussion on ILR’s newest research paper, Tort Liability Costs for Small Businesses. The panel was turned into a podcast episode. This episode features David McKnight, Senior Associate, the Brattle Group, and Chuck Jones, President, Jones Coffee Roasters, on the real-world impact excessive lawsuits have on small businesses. Moderated by Oriana Senatore, ILR’s senior vice president for research and policy, this episode dives into how small businesses bear a disproportionate amount of the U.S. tort cost system and how entrepreneurs like Chuck deal with lawsuits.
We’re spilling all the tea this week on the latest episode of ILR’s Cause for Action Podcast. ILR Senior Vice President for International Affairs Scevole de Cazotte sits down with Stuart Clark, a respected Australian attorney, law professor, part time firefighter, and longtime ILR consultant. The pair gives us a deep dive on third party litigation funding (TPLF) in Australia, from how the land down under became the birthplace of TPLF to what the federal government is trying to do to regulate the industry. We knew TPLF was profitable, but Stuart fills us in on just how much money the funders are making – an average return on investment per annum of 400%. Stuart also reports that the funders have a 96-98% success rate and are making returns 10x the global average for hedge funds. TPLF is driving an explosion in class action litigation in Australia, but the funders are taking unconscionable cuts of the eventual awards or settlements, leaving the claimants with next to nothing. The industry is brimming with fraud and abuse, and the Australian government has finally taken notice.
The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 to curb the increase of annoying telemarketing practices. Though technology has rapidly evolved since then, the law has not.In this episode of Cause for Action, ILR’s Senior Vice President for Legal Reform Policy, Matt Webb, interviews Mark Brennan from the Hogan Lovells law firm and Megan Brown from Wiley Rein law firm on the latest issues involving TCPA. They discuss a current case before the U.S. Supreme Court, the new administration, and more.
The European Commission has signaled its intent to create a liability regime “fit for the digital age,” and that includes amending existing liability frameworks and/or creating new liability frameworks for AI. The impact of any such legislation is potentially vast. Any legislative measures will likely affect broad swathes of consumers and industry, including any businesses active in the AI space that sell their products or services to EU customers. So, it’s extremely important for the Commission to strike a balance that protects consumers while promoting—not stifling—innovation.In Cause for Action’s first video podcast,ILR President Harold Kim sits down with Mr. Axel Voss, Member of the European Parliament, Germany, European People’s Party, and Ken Daly, Partner, Sidley Austin law firm, to talk about legal liability and artificial intelligence issues being discussed in the European Union.Watch the video version: https://instituteforlegalreform.com/ai-in-the-eu-innovation-liability-and-what-comes-next/
For the past few years, plaintiffs’ lawyers and litigation funders have set their sights on bringing the worst parts of the US lawsuit system to countries like Australia, Korea, the EU, and the UK. This troubling trend is especially problematic in the United Kingdom, which is seeing a rapid increase in massive lawsuits against the business community.In this episode of Cause for Action, ILR President Harold Kim takes a virtual trip across the pond to discuss a recent and troubling UK Supreme Court decision that could open the litigation floodgates to US-style class actions in that country. Harold's guest is Kenny Henderson, one of the premier defense lawyers in the UK and throughout Europe.
Nuclear verdicts might sound ominous or apocalyptic, but it's an alarming trend in our civil justice system. Nuclear verdicts are jury verdicts that generally exceed $10 million. These verdicts are now rising into the billions of dollars with no sign of slowing down. In this episode, Institute for Legal Reform President Harold Kim interviews Robert Tyson, the founding and strategic partner of Tyson & Mendes bases in San Diego, Ca. Not only is Bob an incredibly skilled and successful lawyer, but he also wrote the first-ever book for defense counsel on how to avoid nuclear verdicts called "Nuclear Verdicts: Defending Justice for All." Harold and Bob discuss what nuclear verdicts, what defense counsel can do to avoid them, and what drove Bob to write his book.
Today, data-driven innovation means our lives are easier, faster, and more connected. But with these advances come questions. How can we reap those benefits and still trust that our personal information is being protected? And what role do businesses and governments play? In this episode, Oriana Senatore, Senior Vice President of Policy and Research at the U.S. Chamber Institute for Legal Reform interviews Megan Brown, a Partner at Wiley and well-known expert in the legal privacy and technology field, on commonsense ideas for state privacy legislation.
The U.S. Chamber Institute for Legal Reform champions a fair legal system that promotes economic growth and opportunity. From shining a spotlight on third party litigation funding to sounding the alarm on the problems of trial lawyer advertising, ILR has been on the frontlines of the legal reform community. On Jan. 1, 2020, Harold Kim took the reins as president of the organization. In the episode, ILR's Senior Director of Communications Shira Rawlinson sits down with Harold to learn a little bit about the person tasked with leading ILR in 2020 and beyond.
Every day, companies must navigate a complex maze of rules on how to do business. The stakes are high because if the rules aren’t clear, one misstep can have serious consequences. It’s up to government agencies, like the Department of Justice, to use their enforcement powers fairly, and to provide the guidance necessary for companies to stay on the right side of the law. Previously, the DOJ has been criticized for being overly aggressive when it comes to corporate compliance. But in the last couple of years, the DOJ has made important reforms designed to promote both compliance and the rule of law. In this episode, ILR’s executive vice president, John Abegg, sits down with former Deputy Attorney General David Ogden to discuss the over-criminalizing of American enterprise, what companies can do to stay on the right side of the law, and why a lawyer should still be the first call if a company makes a mistake
ILR SVP Legal Reform Initiatives Page Faulk interviews Skadden Arps Partner John Beisner on third party litigation funding (TPLF) and asks, “Do we really want our courtrooms turned into casinos?” John and Page discuss t the fundamentals of TPLF, the ethical and regulatory concerns and why disclosure of TPLF arrangements in civil cases is so important. They also discuss the latest developments at the federal Advisory Committee on Civil Rules, in Congress and the states as well as where the disclosure debate is going.
The recently ended U.S. Supreme Court term resulted in a mixed bag of rulings for American companies.In this episode, the U.S Chamber Institute for Legal Reform’s chief operating officer Harold Kim and the Chamber Litigation Center's senior vice president and chief counsel Steve Lehotsky focus on how the Court addressed the issue of class action lawsuits.
Debates are raging in Congress and state capitals over data privacy and the best standards for collecting, handling, and storing personal data as well as the legal consequences when those standards aren’t followed.In this episode, Harold Kim, Chief Operating Officer of the U.S Chamber Institute for Legal Reform and Mark Brennan of the Hogan Lovells law firm talk about the troubling trend of outsourcing data privacy enforcement to individuals and plaintiffs’ lawyers through what are called private rights of action.
The fight to save arbitration: Will Congress take away an employee’s right to settle disputes through arbitration without having to go to court and make a federal case out of it?In this episode, U.S Chamber Institute for Legal Reform Chief Operating Officer Harold Kim and legal reform advocate Victor Schwartz discuss why arbitration is a simpler, faster and fairer way for employees to resolve workplace disputes than going to court. Cause for Action is brought to you by the U.S. Chamber Institute for Legal Reform.