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The question of which judicial system holds authority over disputes on United States soil—American or foreign courts—has become a critical issue in the legal conflict between Greenpeace and Energy Transfer, an American energy infrastructure company.

In May, Acting Assistant Attorney General and Head of the Criminal Division in the Department of Justice (DOJ) Matthew R. Galeotti announced areas of focus and a new approach to self-disclosure: no longer would there be a presumption of declination if companies voluntarily disclosed misconduct.

Opponents of commercial litigation funding routinely invoke the supposed “$16 billion” size of the industry as a bogeyman to justify special-purpose, punitive regulation, relying on a cherry-picked assets under management (AUM) figure to dramatically overstate the industry’s footprint and portray it as a major asset class.

Monday, August 4, the State of New Jersey announced a landmark settlement with DuPont and related companies (“DuPont Defendants”) valued at more than $2 billion, the largest environmental recovery for a single State – and one of the top-20 largest settlements of any kind – in U.S. history.