RAND Institute for Civil Justice Events

On March 28, 2011, ICJ held a Policy Symposium luncheon with featured speaker, Phil Angelides, Chairman of the FCIC. During the symposium, titled "Lessons Learned from the Financial Crisis Inquiry Commission," Mr. Angelides discussed his experience on the Commission's 10-member bipartisan panel as well as the Commission's findings relating to the causes of the nation's financial and economic crisis. The event was co-hosted by the RAND Center for Corporate Ethics and Governance and the UCLA-RAND Center for Law and Public Policy.

For information on the Commission or to view the report visit www.fcic.gov.

ICJ was proud to hold its Board of Overseers meeting at the Chartis offices in New York on October 28-29, 2010. ICJ thanks its Overseers for their attendance and participation in the interactive two-day session.

Paul Clement, former Solicitor General of the United States and current head of King & Spalding's national appellate practice, was ICJ's featured speaker at the ICJ Board of Overseers Dinner on October 28, 2010 at Bayard's in New York. ICJ thanks Mr. Clement for his thoughtful remarks on the timely topic of preemption.

Over the last decade there have been a number of "game changing" developments that significantly altered the overall tort litigation climate for defendants and their insurers, especially in states such as Texas, Mississippi, Ohio, and Florida. Mark Behrens, a partner in the Washington, D.C.-based public policy group of Shook, Hardy & Bacon LLP and counsel to the Coalition for Litigation Justice, discussed the factors related to the shift in overall tort costs and the legal environment.

Georgene Vairo, a member of the ICJ Board of Overseers, discussed two environmental disasters and their related litigations—one, the Chevron-Ecuador litigation that stemmed from drilling efforts over a long period of time in a foreign country; the other, the BP litigation confronting the courts at this time, stemming from the recent disaster in the Gulf of Mexico.

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On September 13, RAND Institute for Civil Justice held a lunch and research update event to discuss the phases of research on the role of bankruptcy trusts in asbestos compensation.

On July 1, RAND Institute for Civil Justice and the Kauffman-RAND Institute for Entrepreneurship Public Policy hosted Nishith Desai, the founder of Nishith Desai Associates, one of the most prominent law firms in India. The interactive roundtable lunch assembled a diverse group of thirty local thought leaders for a discussion on how globalization is driving innovation and change in the practice of law.

While the new procedures required by the Medicare, Medicaid and SCHIP Extension Act (MMSEA) create new compliance requirements, their impacts on access to justice, settlements, decisions by claimants, and mass litigation are difficult to understand and fully appreciate. ICJ and O'Melveny & Myers hosted a symposium in Washington, D.C. designed to expand this policy debate beyond the compliance requirements and costs, and add significant value and texture to stakeholders from insurance companies to corporations to the plaintiffs' bar to CMS to academics.

The RAND Institute for Civil Justice recently launched a research initiative to analyze and explore the convergence of law, finance, and capital markets in the United States, including phenomena such as outside capital invested in law firms, alternative fee structures, and third party litigation funding. The Program endeavors to examine the effects of alternative litigation finance on the efficiency, fairness, and transparency of the American civil justice system through policy analysis, events, and a comprehensive Web presence at http://www.rand.org/icj/programs/law-finance/.

The 2010 Conference brought together practitioners, policymakers, judges, and researchers to discuss and debate issues and trends related to alternative litigation finance in the United States. The extensive program featured presentations, panels, and speakers on practice and policy topics and offered continuing legal education.

Keynote Speaker:

Thomas L. Sager, Senior Vice President & General Counsel of DuPont Legal

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Medicare, Medicaid and SCHIP Extension Act of 2007 ("MMSEA") is a very timely issue of significant importance to ICJ's Board of Overseers, insurance companies, self-insured companies, and Medicare. Dennis Wallace and Bruce Margolin, Chartis Insurance's Executive Vice President and Senior Vice President, respectively, are leading their company's compliance efforts and visited RAND to discuss with RAND experts the rules, regulatory intent and uncertainties associated with MMSEA. This dialogue was designed to address the implications of MMSEA and explore research opportunities.

The RAND Institute for Civil Justice held its Fall Board of Overseers meeting on October 21-22, 2009 at the Ritz Carlton, Pentagon City in Arlington, Virginia. ICJ thanks its Overseers for their participation and volunteer leadership.

The annual RAND Institute for Civil Justice (ICJ) Board of Overseers Dinner featured special remarks by President Obama's appointed Special Master of Executive Compensation and ICJ Board of Overseers Chair Kenneth R. Feinberg. Mr. Feinberg joined us at the ICJ event after formally announcing that day the details of his plan relating to the executive compensation packages of top officials at the largest financial institutions receiving federal support. Mr. Feinberg spoke about his role, highlighted the main points of the Treasury Department's recently released determinations, and discussed his next steps.

Read the U.S. Department of Treasury's related press release Read the Executive Compensation Determinations for Top TARP Recipients

Featured Speaker:

Special Master of Executive Compensation Kenneth R. Feinberg

As a leading expert in alternative dispute resolution, John "Jay" Welsh, Executive Vice President and General Counsel of JAMS, discussed the future of ADR, from recent developments in Congress and the courts to growing trends in arbitration agreements and practices. Also addressed were common criticisms of arbitration and the effect those criticisms might have on the practice of ADR. Mr. Welsh's comments were designed to stimulate discussion on timely issues and prompt a roundtable discussion among program guests.

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Featured Speaker:

John "Jay" Welsh

RAND Institute for Civil Justice and UCLA School of Law recently forged a new initiative through which they identify and analyze the biggest and most influential trends in civil justice. One such trend—litigation claim transfer (also referred to as third party litigation funding)—has created the environment for litigation claim transfer to be evaluated as a component of the American civil justice system. The confluence of the recent credit shortage, the enormity of the overall market for legal services, and the search for investment opportunities unrelated to general economic risk has created the supreme environment for litigation claim transfer to expand and thrive.

UCLA-RAND Center for Law and Public Policy brought together stakeholders to not only discuss this phenomenon, but to frame how it is debated in government, law schools and state bars across the country.

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Keynote Speaker:

Lord Daniel Brennan QC

Panelists:

Lynn M. LoPucki, UCLA School of Law
Selvyn Seidel, Burford Advisors
Herbert M. Kritzer, University of Minnesota
Neil Rickman, RAND
James E. Tyrrell, Jr., Patton Boggs LLP
Timothy Scrantom, Juridica Capital Management (U.S.), Inc.
Jonathan T. Molot, Georgetown University Law Center
Stephen C. Yeazell, UCLA School of Law
Nathan M. Crystal, Charleston Law School
Kathleen Flynn Peterson, Robins, Kaplan, Miller & Ciresi L.L.P.

Sponsor:

O'Melveny & Myers LLP

Speakers:

Charles C. Lifland, Partner, O'Melveny & Myers LLP
Nicholas M. Pace, Researcher, RAND Institute for Civil Justice

Panelists:

Christopher L. Gaenzle, Senior Corporate Counsel, Pfizer Inc
Robert S. Peck, President, Center for Constitutional Litigation, PC
George L. Priest, Professor of Law and Economics, Yale Law School; Director, John M. Olin Center for Law, Economics and Public Policy
Catherine Sharkey, Professor of Law, New York University School of Law

Speaker:

Christian Lahnstein, Head of Department, Risk, Liability & Insurance, Munich Reinsurance Company

Sponsor:

UCLA-RAND Center for Law & Public Policy
UCLA Burkle Center for International Relations

Speaker:

Brian Jenkins, Senior Advisor to the president of RAND Corporation; Director of the National Transportation Security Center of the Mineta Transportation Institute

Speaker:

Michael Traynor, Chair of the Council and President Emeritus, American Law Institute

Speakers:

Robert W. Fairlie, Professor of Economics, University of California, Santa Cruz
Alicia M. Robb, Senior Research Fellow, Kauffman Foundation

Speakers:

Charles C. Lifland, Partner, O'Melveny & Myers LLP
Nicholas M. Pace, Social Scientist, RAND

Panelists:

Robert S. Peck, President, Center for Constitutional Litigation, PC
David A. Schkade, Associate Dean and Jerome Katzin Professor of Management & Strategy, Rady School of Management, UCSD
Catherine Sharkey, Professor of Law, NYU School of Law

Speaker:

Ambassador Robert E. Hunter, Senior Advisor, RAND

Speaker:

Rebecca Love Kourlis, Executive Director, Advancement of the American Legal System

Speakers:

Richard W. Fields, Chief Executive Officer, Juridica Capital Management Limited
Timothy D. Scrantom, General Counsel, Juridica Capital Management Limited