Earlier this week the NJCJI team attended the U.S. Chamber of Commerce Institute for Legal Reform’s 16th annual summit, where we discussed the latest trends in legal reform with business leaders and legal experts from across the country. The highlight of the summit was the release of four new white papers exploring issues that are of growing concern, and areas where changes can be made to improve our legal environment.
Trial Lawyer Marketing: Broadcast, Search and Social Strategies
Ken Goldstein, University of San Francisco and Dhavan V. Shah, Sherpa Metrix LLC
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.
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A Perilous Patchwork: Data Privacy and Civil Liability in the Era of the Data Breach
Liisa M. Thomas, Robert H. Newman, and Alessandra Swanson | Winston & Strawn LLP
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.
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MDL Proceedings: Eliminating the Chaff
John H. Beisner, Jessica D. Miller, and Jordan M. Schwartz | Skadden, Arps, Slate, Meagher & Flom LLP
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.”
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Constitutional Constraints: Provisions Limiting Excessive Government Fines
Paul D. Clement | Bancroft PLLC
This paper outlines the constitutional constraints that limit excessive and duplicative government fines and penalties, including the Excessive Fines Clause and Due Process Clause.
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These papers served as the basis of panel discussions, which were recorded, and are available for viewing on the ILR website.
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