Crampton Prepares U.S. Chamber ILR Report on Legal Trends in Latin America

Shook, Hardy & Bacon Partner William Crampton has prepared a U.S. Chamber Institute for Legal Reform (ILR) report titled “Following Each Other’s Lead: Law Reform in Latin America” that “reviews some of the significant trends in Latin America that could significantly affect potential defendants.”

According to Crampton, change in one country is often adopted regionally, thus changes to procedural rules and the adoption of class-action mechanisms in Brazil have established a model that others have followed. He describes the reforms, both adopted and pending, in some detail. While acknowledging that access to justice could be improved in some countries by creating a class action mechanism, Crampton argues that “it is fair and appropriate to oppose class action systems that change the meaning of justice under the guise of creating access to it.” He recommends that the business sector participate in the discussion “to ensure that a level playing field is maintained for both plaintiffs and defendants.”