Cause For Action: An ILR Podcast

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.Subscribe to Cause for Action on Apple Podcasts, Google Podcasts, Spotify, or Amazon Music.

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.

The European Commission has recently 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, ILR’s senior vice president of international initiatives and Ken Daly, managing partner at Sidley Austin 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, Scevole and Ken 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.

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.

Resolving a dispute through arbitration remains fairer, faster, and better than litigation for both consumer and employee claimants. Recent research shows that on average, employees and consumers won more money, more often, more quickly by arbitrating disputes than by filing lawsuits.In this episode of Cause For Action, Oriana Senatore, Senior Vice President of Research and Strategic Development, and Mary Donovan, Principal and Senior Economist at ndp | analytics talk through ILR's research on consumer and employment arbitration.