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Andrew Grossman Testifies Before House Judiciary Subcommittee Regarding Collusive Settlements

News / June 8, 2017

Partner Andrew Grossman testified before the U.S. House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law on June 8, 2017. Grossman addressed two related issues concerning the use of collusive settlements in government litigation. He describes the constitutional weaknesses of “sue and settle” tactics and the use of settlements intended to circumvent the appropriation of funds by Congress and he concludes:

Collusive settlements that govern the federal government’s future actions or contain cy pres awards raise serious constitutional and policy questions and are too easily abused to circumvent normal political process and evade democratic accountability. Congress can and should address these problems to ensure that settlements are employed only in circumstances where they advance the public interest, as determined by our public institutions, under the requirements of the Constitution.

Read Grossman’s testimony.