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