One Size Fits None in Modern Employment Law with Jerry Maatman
In this episode of the Emerging Litigation Podcast, Tom Hagy speaks with employment law expert Gerald L. Maatman, Jr. about how remote work, ADA compliance, workforce reductions, arbitration, DEI policies, and AI are reshaping modern employment law. The conversation highlights practical strategies for managing risk, ensuring compliance, and building defensible workplace policies in a rapidly evolving legal landscape.
The Cannabis Employment Law Patchwork with Keya Denner
The Cannabis Employment Law Patchwork with Keya Denner Maryland and Missouri are the latest states to legalize recreational cannabis for people 21 and older. Voters came out in favor of legalization in the November 2022 midterms, bringing the total recreational jurisdictions to 22 states and the District of Columbia. Voters in North Dakota, South Dakota, and Arkansas, however, decided against recreational marijuana. It remains legal for medical reasons in all five states. In the employment context, both recreational and medicinal uses raise questions about protections for employees who use the drug legally. Which states are enacting [...]
Employment Law in the COVID-19 Era with Stefani Schwartz
Employment Law in the COVID-19 Era with Stefani Schwartz Joining me to discuss this important subject is Stefani Schwartz, co-founder of the woman-owned employment-and-labor boutique Hatfield Schwartz in New Jersey. Stefani has devoted her legal career to representing employers in all aspects of employment law, including discrimination, harassment, retaliation, and wrongful termination matters. Stefani will be featured in the next issue of the Journal on Emerging Issues in Litigation, a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one [...]
AI and the Law: A Year-End Retrospective 2025 and Beyond | Webinar for CLE Credit
Artificial intelligence continues to reshape the legal landscape, bringing new litigation risks, evolving regulatory obligations, and complex governance challenges. In this CLE webinar, Abigail Damsky, Jamie O'Neill, and Seán McCabe of Anderson Kill examine the legal developments that continue to influence AI-related litigation and compliance, including privacy and biometric claims, copyright disputes, AI washing, algorithmic discrimination, product liability, antitrust concerns, and the expanding global regulatory framework. Gain practical insights into the cases, trends, and governance considerations that remain highly relevant for legal professionals advising clients on AI risk.
FTC Warns Law Firms About Diversity Certifications – This Time Alluding to Antitrust
The FTC has warned major U.S. law firms that participation in diversity certification programs could raise antitrust concerns, framing coordinated diversity efforts as a potential labor-market competition issue. This article examines the Commission’s cautionary letters regarding the Mansfield Certification program, the broader pattern of executive branch pressure on law firms and media organizations, and recent court decisions addressing discrimination claims and government retaliation. It also explores how antitrust enforcement, free speech concerns, and regulatory scrutiny are converging to reshape the legal and media landscapes. As political pressure and enforcement intensify, firms must reassess collaborative initiatives while preserving independence and competitive integrity.
Cannabis Laws & Workplace Drug Testing: What Employers & Employees MUST Know in 2026
As cannabis laws continue to evolve nationwide, employers and employees are facing new questions about drug testing, workplace safety, and legal compliance. In this episode, labor and employment attorney Keya Denner of Constangy, Brooks, Smith & Prophete explains how changing cannabis policies intersect with the ADA, privacy rights, and fitness-for-duty requirements. The discussion covers documentation best practices, reasonable accommodation, and how legal drug use affects workplace policies. Essential listening for HR professionals, business leaders, and anyone navigating substance use, safety obligations, and employment law in a rapidly shifting legal landscape.
California AI Hiring Law Takes Effect, Mandating Bias Audits
California’s new AI hiring regulations take effect on October 1, 2025, requiring employers to conduct bias audits and increase transparency when using automated decision systems. With broad definitions of ADS and new FEHA liabilities, employers must prepare now to stay compliant. Read the full analysis to understand what steps your organization should take next.
Unraveling “Reverse Discrimination” with Employment Attorney Leah Stiegler on the Emerging Litigation Podcast
What happens when workplace discrimination claims come from members of majority groups? In this episode of the Emerging Litigation Podcast, attorney Leah Stiegler of Woods Rogers unpacks the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services. The Court’s ruling—eliminating the “background circumstances rule”—marks a major shift in how discrimination cases are evaluated, reinforcing that Title VII protects everyone equally. Leah shares insights from mock jury trials, explores how geography and community values affect verdicts, and breaks down what employers should know about evolving discrimination standards.
Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits
Justin Ward examines the recent federal court injunction against President Trump’s executive orders targeting Diversity, Equity, and Inclusion (DEI) programs. While the ruling temporarily halts enforcement of these orders, legal experts suggest it’s unlikely to slow the growing wave of “reverse discrimination” lawsuits. Since the Supreme Court’s 2023 decision in Students for Fair Admission v. Harvard, more than 100 claims alleging discrimination against majority groups have been filed. Additionally, state legislation and an upcoming Supreme Court case, Ames v. Ohio Department of Youth Services, could further lower the bar for such claims, potentially fueling even more litigation.
Litigation After Biometric Privacy Law Violations
In this CLE webinar, Anderson Kill attorneys, Cort Malone and John Leonard discuss the state of biometric privacy litigation, the regulatory landscape, and insurance coverage considerations and rulings.
AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context
On this CLE webinar, Duane Morris LLP Attorneys Alex W. Karasik, Gerald L. Maatman, Jr., and George J. Schaller discuss two novel artificial intelligence lawsuits, recent governmental guidance related to AI use, the business risks associated with AI, and mitigation strategies.
AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller
The authors, Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller analyze two novel AI lawsuits and highlight recent governmental guidance related to AI use in the employment context and the implications of possible discriminatory conduct stemming from the use of AI tools. "AI is here to stay," they write. "Whether companies choose AI technology for any 'employment decision,' companies must keep themselves up to date on any issued guidance and must actively monitor AI tools to prevent any possible discriminatory outputs."
Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications
Insurance companies are implementing new measures to try to avoid paying for liabilities attached to consumer and employee biometric privacy law violations. The authors, Cort Malone and Abigail Damsky explore the issues companies and policyholders should be examining to ensure adequate protection in the present and future. As the authors note, “as more states pass biometric privacy laws, it is critical not only to follow court decisions but also to understand how insurance companies are attempting to avoid liability for such claims.”
Data Driven Law
Data-Driven Legal Guidance Ed Walters Talks to Tom Hagy for the Emerging Litigation Podcast Interview SPEAKERS Tom Hagy, Host, Emerging Litigation Podcast Ed Walters, CEO & Founder, Fastcase (see complete bio at end of this document) PODCAST https://litigationconferences.com/data-driven-legal-guidance-with-ed-walters/ Tom Hagy Hello and welcome to the Emerging Litigation Podcast. I'm your host, Tom Hagy. Today we're going to talk about the weather, but only for a minute. Mostly we're going to talk about big data. I don't know how many of you are weather nerds, you know you're out there. But you may have the Weather Channel app on your [...]
Under Pressure: Courts and Lawyers Trying to Deal With It with Diana Manning
The pressure on trial lawyers, judges, plaintiffs, defendants, and court systems is only increasing. The backlog of cases in New Jersey, for example, nearly quadrupled between February 2020 and 2021, the first year of the pandemic, according to NJ Spotlight News (NJSN). The state is also facing a historic shortage of jurists, NJSN reported, “leading to overworked judges, huge case backlogs and nearly 7,000 defendants in jail without bail, some 500 of them for more than two years despite a law that essentially requires a trial within two years for anyone detained." As reported by NJSN, one [...]
Biometric Privacy Laws: Companies Will Need Insurance as Protection From New and Expanding Liability
The Authors * Cort T. Malone (cmalone@andersonkill.com) is a shareholder in the New York and Stamford offices of Anderson Kill and practices in the Insurance Recovery and the Corporate and Commercial Litigation Departments. He represents policyholders in insurance coverage litigation and dispute resolution, with an emphasis on commercia general liability insurance, directors and officers insurance, employment practices liability insurance, advertising injury insurance, and property insurance issues. Jade W. Sobh (jsobh@andersonkill.com) is an attorney in Anderson Kill’s New York office. Jade focuses his practice on insurance recovery, exclusively on behalf of policyholders, as well as regulatory and complex [...]
Labor Law in 2021 with Kathryn Hatfield
Labor Law in 2021 with Kathryn Hatfield Participation in labor unions is less than half of what it was 40 years ago. It has seen an uptick in the service sector, but a sharp decline in manufacturing. According to economist Heidi Shierholz decline in union rolls is partly responsible for today's yawning income inequality gap. Recently we've seen the formation of a modest union at Google and a movement among Amazon workers. We've also seen how the pandemic has shone a bright light on the fragility of our nation's workforce struggling to survive at the bottom [...]
Kathryn Hatfield on Labor Law in 2021
Kathryn Hatfield on Labor Law in 2021 Participation in labor unions is less than half of what it was 40 years ago. It has seen an uptick in the service sector, but a sharp decline in manufacturing. According to Heidi Shierholz -- former chief economist at the Department of Labor, now senior economist and policy director at the Economic Policy Institute -- decline in union rolls is partly responsible for today's yawning income inequality gap. Recently we've seen the formation of a modest union at Google and a movement among Amazon workers. We've also seen how the [...]
Women in Law
Western Alliance Bank presents a CLE-eligible webinar Women in Law Becoming the Master of Your Career According to the National Association of Women Lawyers, there has been a "sustained (albeit small) improvement for women amongst equity partners since the survey’s inception in 2006 (15% compared to 19% - 21% in recent years)." "This is a positive trend toward a more representative legal profession, but change at this glacial pace will continue to result in future generations of lawyers entering a profession where women and diverse attorneys are underrepresented in positions of power and influence. A [...]
What DEI Changes Mean for Employers Featuring Patice Holland
As political and public scrutiny of Diversity, Equity, and Inclusion (DEI) programs grows, employment attorney Patice Holland of WoodsRogers joins the Emerging Litigation Podcast to explain how employers—especially federal contractors—can reassess DEI initiatives while staying compliant with discrimination laws, navigating shifting enforcement priorities, and managing legal, operational, and reputational risk. Tune in now!
Class Action Defense: Key Developments on the Arbitration Front
Gain a better understanding of the key developments on the arbitration front related to class action defense, including the key U.S. Supreme Court rulings shaping the litigation landscape and the main arbitration trends to remain vigilant for on a CLE webinar featuring experienced class action defense attorneys Gerald L. Maatman, Jr. and Eden E. Anderson. Register today!
Trends and Strategies in Wage & Hour Class and Collective Actions
Gain a better understanding of the Fair Labor Standards Act (FLSA) and wage and hour collective actions, get up to date on significant trends and recent key settlements in this area of law, and grasp the main considerations for conditional class certification and decertification and the key collective action rulings handed down in 2023 on a CLE webinar featuring experienced class action defense litigators Gerald L. Maatman, Jr., Jennifer A. Riley, and Greg Tsonis. Sign up today!
Humans at Work with Leah Stiegler
In this episode, Leah M. Stiegler, principal attorney at Woods Rogers, shares practical solutions for a variety of challenges, like love at work, pregnancy at work, discord at work, harassment at work, and working overtime. She talks about gender identity protections, implicit biases, and microaggressions, plus conducting administrative investigations, and ideas to mitigate risk, stay out of court, and maintain a positive work environment. Enjoy now!
AI Survival Guide: Best Practices to Mitigate AI Litigation Risk
Organizations using artificial intelligence-based technologies that perform facial recognition or other facial analysis, website advertising, profiling, automated decision making, educational operations, clinical medicine, generative AI, and more, increasingly face the risk of being targeted by class action lawsuits and government enforcement actions alleging that they improperly obtained, disclosed, and misused personal data of website visitors, employees, customers, students, patients, and others, or that they infringed copyrights, fixed prices, and more. These disputes often seek millions or billions of dollars against businesses of all sizes. This webinar identifies recent trends in such varied but similar AI litigation, draws common threads, and discusses best practices that corporate counsel should consider to mitigate AI litigation risk. Our excellent speakers are Jerry Maatman and Justin Donoho of Duane Morris.
JEIL S24 Top Legal Risks with Generative AI by Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright
The authors, Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright discuss recent court cases which have brought to the forefront the top legal risks associated with the use of Generative AI.
Natural Gas Bans and Bans on Bans
The Ninth Circuit Court of Appeals recently struck down Berkeley, California's ban on natural gas infrastructure in new buildings as a violation of federal law. As we will continue to see more such bans, our guest shares insights on how similar cases may be treated -- and much more.
PFAS Regulation: EPA Ushers in Next Era of Mass Tort and Environmental Litigation
PFAS claims are the next frontier of mass tort and environmental litigation. With the EPA poised to finally enact the first regulation of these chemicals, that frontier is ripe for exploration. This article explores PFAS and the origin of litigation around the substances as well as the state of PFAS litigation and regulation today. It concludes with some thoughts on what to expect when it comes to PFAS litigation going forward.
New Year, New Rules: FTC Proposes Sweeping Ban on Noncompete Agreements
The Author Andreya DiMarco (adimarco@hatfieldschwartzlaw.com) is counsel with Hatfield Schwartz Law Group LLC where she focuses on employment law and transactional matters. She has defended clients in state and federal courts and before administrative agencies, including the EEOC and DCR. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. New Year, New Rules: FTC Proposes Sweeping Ban on Noncompetes "This is the FTC’s first attempt to ban non-compete agreements and strong opposition to the [...]
Labor Organizing in Retail: Conditions Remain for Continued Momentum
The Authors Amber is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, and is a trial lawyer who has extensive experience representing and advising clients in traditional labor relations, such as collective bargaining, representation elections, decertification elections, unfair labor practice charges, arbitrating grievances, contract administration and interpretation, and union avoidance strategies. Amber’s litigation experience includes regularly representing clients in wage and hour collective and class actions, trade secrets and post-employment restrictive covenant disputes, and complex employment discrimination. As a part of Amber’s partnership with clients to avoid litigation, she frequently conducts and [...]
Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class
Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class Strategically Limiting Discovery, Resolving Discovery Disputes Wage and hour class and collective actions are complex and discovery intensive. Discovery requests are often burdensome, seeking information concerning a broad swath of workers. This causes the discovery process to sometimes linger for years and creates a significant expense for employers.In recent years, courts have emphasized that parties must rein in extensive and expensive discovery requests. Employment litigators are increasingly raising proportionality arguments as a basis for objecting to opposing counsel's discovery requests. Drafters are [...]
Employers Be WARNed: Workforce Reduction Rules Meet New Workplace Definitions as Employees Go Remote by Juan Enjamio and Steven DiBeneditto
The Authors: Juan C. Enjamio (jenjamio@huntonak.com) is managing parter of the Miami office of Hunton Andrews Kurth where he dedicates his practice to complex domestic and international employment law matters. Steven J. DiBeneditto Jr. (sdibeneditto@huntonak.com) is a Washington, DC-based associate in the firm’s employment and labor group. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Employers Be WARNed Workforce Reduction Rules Meet New Workplace Definitions as Employees Go Remote "Numerous courts [...]
The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” Finally Levels the Playing Field by Kathryn Hatfield
The Author Kathryn V. Hatfield (khatfield@hatfieldschwartzlaw.com) is a partner in the women-owned law firm of Hatfield Schwartz Law Group LLC where she focuses on advising and representing management in labor and employment law matters. Kathryn is a member of the Editorial Advisory Board for the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” Finally Levels [...]
Workplace Investigations: Proactive Assessments Mitigate the Risk of Costly Litigation in a Newly Remote Environment
The Author Stefani C Schwartz is Senior Managing Partner at the Hatfield Schwartz Law Group LLC. She has devoted her career to representing and advising employers in the complete spectrum of employment law, including discrimination, harassment, retaliation, and wrongful termination. Stefani is a member of the Editorial Advisory Board of the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Workplace Investigations: Proactive Assessments Mitigate the Risk of [...]
HIPAA Meets Social Media Marketing with Liz Heddleston and Leah Stiegler
Healthcare providers increasingly use social media, patient testimonials, influencer partnerships, and AI-assisted content to engage patients and build their brands. But as recent OCR enforcement actions demonstrate, these marketing efforts can create significant HIPAA risks when protected health information is disclosed without proper authorization. In this episode, Liz Heddleston and Leah Stiegler discuss the Cadia Healthcare settlement, emerging compliance challenges, and what healthcare organizations need to know to navigate the intersection of privacy, marketing, and regulatory enforcement.
Summary Judgment and Sham Affidavits: Protecting Your Motion from Contradictory Testimony
In this article, Cat Gavrilidis of Swift Currie examines how inconsistent testimony can undermine summary judgment and how courts apply the sham affidavit rule when affidavits contradict prior deposition statements. She explores jurisdictional differences and outlines practical steps attorneys can take to prevent contradictions, correct the record, and protect a well-founded motion before trial.
HB Artificial Intelligence Update Monday, Dec. 15, 2025 | Wrongful Death, Discrimination, Intellectual Property
The rapid advancement of AI technology continues to challenge courts, companies, and consumers. Read about recent developments that in-house counsel and litigators should be watching.
Maryland Child Victims Act: Defending & Pursuing Insurance Coverage for Abuse Claims | Get CLE
Maryland’s Child Victims Act has opened the door to a surge of revived abuse claims, raising significant challenges for institutions, insurers, and counsel. In this CLE webinar, Cameron Argetsinger, Brian Della Torre, Glen Feinberg, and Sean Gugerty examine the law’s key provisions, emerging litigation trends, and complex insurance coverage issues. The program explores liability risks for schools, nonprofits, and religious organizations, and offers practical guidance on locating historic policies, managing notice obligations, and navigating insurer defenses. Essential insight for anyone handling CVA-related litigation or insurance recovery.
Ninth Circuit Rejects Religious Accommodation Claim in COVID Testing Case
The Ninth Circuit has rejected a religious accommodation claim from a healthcare worker who objected to weekly COVID-19 testing, holding that the employee failed to show a bona fide religious conflict and that the employer’s masking-and-testing accommodation was reasonable. The ruling offers valuable guidance for employers navigating post-pandemic accommodation requests. Read the full analysis for key takeaways.
New and Improved Antitrust Whistleblowing Incentives with Julie Bracker and Dan Mogin on the Emerging Litigation Podcast
Can whistleblowers reshape antitrust enforcement the way they’ve exposed fraud in other industries? In this episode of the Emerging Litigation Podcast, host Tom Hagy talks with Julie Keeton Bracker of Bracker & Marcus and Dan Mogin of Mogin Law about the Department of Justice’s new push to encourage insider reporting in antitrust cases. They explore the history of qui tam actions, the power of the False Claims Act, and how individuals could soon play a bigger role in uncovering price-fixing, bid-rigging, and other anti-competitive schemes.
Am I Covered For? . . . A Discussion of Insurance Coverage Issues
Join Steven J. Pudell and Christina Yousef of Anderson Kill and William Harrison of Gallagher for an engaging CLE webinar introducing the fundamentals of insurance coverage. This session breaks down the differences between first-party and third-party claims and provides an overview of key insurance policies—including general liability, property, D&O, E&O, employment practices, cyber, commercial crime, and product recall. Through real-world examples and practical tips, the panel will highlight common challenges policyholders face and how courts have addressed key coverage issues. Ideal for those new to insurance or looking for a comprehensive refresher.
Forever Chemicals: Insurance Recoveries for PFAS Liabilities
Take this CLE webinar and gain a better understanding of the evolving legal, regulatory, and insurance landscape surrounding PFAS ("forever chemicals") and their growing impact on businesses and insurers. We feature experienced insurance recovery attorneys Bob Horkovich and Cameron Argetsinger and environmental experts Arthur J. Clarke and Walker Prentke from J.S. Held. Take it now or when you're ready. It's on demand!
Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?
Diana Gliedman, Dennis Nolan, and Fiona Hogan examine the impact of Mexico’s recent presidential decree banning certain foreign textile imports through the IMMEX program and increasing tariffs on textile products. The ban has disrupted operations for textile companies and third-party logistics providers, leading to unexpected costs, rerouting challenges, and supply chain delays. The authors outline how businesses may find relief through insurance policies such as Supply Chain Insurance, Business Interruption, Contingent Business Interruption, and Marine Cargo/Stock Throughput Insurance. They emphasize the need for swift action to review coverage, notify insurers, and document losses to maximize potential claims.
Resolving Litigation with AI with Jeff Trueman & John T. Sly
Join full-time mediator and arbitrator Jeff Trueman and practicing attorney John Sly for a CLE webinar focused on enhancing your understanding of how AI can assist with your work, specifically how it can be used to handle disputes more efficiently, facilitate improved decision-making, and leverage predictive capabilities to achieve optimal outcomes in dispute resolution.
Avoiding the Nuclear Verdict or the Defense Verdict
According to professionals in the insurance industry and the defense bar, the number of nuclear verdicts, or verdicts that exceed $10M, is on the rise. Although the defense may prevail over plaintiffs more often at trial, when the defense loses, they lose big. And plaintiffs who could have obtained needed resources in settlement, sometimes "roll the dice" at trial and get less, or nothing at all. Do clients really want to engage in such high stakes showdowns? Is there a better way to administer "justice?" In this CLE webinar, Mediator Arbitrator Jeff Trueman and Negotiation Educator and Author, John Lowry discuss these very questions. Register for the on-demand webinar today!
Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone
Biometric data is big business. In many cases it even helps make our lives better. It also presents significant risks for a variety of parties, in addition to those of us who surrender our data. Companies collecting, storing, utilizing, and monetizing the data face penalties and litigation bolstered by the increasing number of states enacting biometric information privacy acts, or BIPAs, the first of which was in Illinois. In this episode, we discuss the state of biometric privacy litigation, the regulatory landscape, insurance coverage considerations, and recent rulings with guests John Leonard and Cort Malone of Anderson Kill P.C.
Cracking the College Sports “Cartel”: Good for Athletes, Competition, and the Games by Joy Sidhwa and Tim LaComb
Momentum in the national debate over whether a college athlete should profit from licensing deals for their “names, images, and likenesses,” or NILs, swung in favor of players on June 21, 2021, when the Supreme Court ruled for the athletes in NCAA v. Alston. Authors Joy Sidhwa and Tim LaComb of MoginRubin, LLP discuss the impacts of the decision and subsequent court decisions and state legislation which have further cemented and defined the changing amateurism rules in college sports. As the authors note, "the ultimate test of whether amateurism drives demand will come after new state laws allow compensation unrelated to education. If compensation doesn’t trigger a drop in demand, the NCAA will lose its procompetitive justification for the restriction and likely bring an end to amateurism rules".
The Awesome Potential of Advanced Dispute Resolution
In this episode we talk to Rich Lee, founder of New Era ADR, about hot topics and issues involving what is referred to here as "Advanced Dispute Resolution", or ADR. What are the benefits of ADR? How can ADR enhance Access to Justice? How does employing ADR impact Accessibility, Diversity, and the Environment? What is the influence of Gamesmanship in legal proceedings? As Rich explains, "ADR is about rethinking litigation to make it more efficient for both sides. Get parties to be pragmatic, get to the point, present their arguments, and get it resolved". Listen now to learn more!
PFAS Regulation, Litigation, and Differentiation
In this episode, we give you some history of the PFAS compounds, discuss some of their important differences, review what litigation we're seeing (including the various claims and defenses), note what we can learn from recent settlement structures, forecast the impact of any new regulation, and predict what litigation might be next. Listen to our guests David Marmins and Morgan Harrison of Arnall Golden Gregory LLP.
Spotting the Risk, Reaping Rewards: Avoiding Increased Antitrust Scrutiny
The Authors Katie has favorably represented antitrust clients in matters involving monopolization, conspiracy, price fixing, exclusive dealing, and other competition-related disputes, including trade secrets and non-compete actions. She has extensive knowledge of the regulatory hurdles and obligations her clients face. Katie earned her J.D. from the New York University School of Law, cum laude. Natalie West represents sophisticated clients in complex commercial disputes. She regularly serves as the lead brief writer in antitrust cases, employment and consumer class actions, and appellate matters. Natalie graduated with high honors from the University of Texas School of Law, where she [...]
The Blueprint for an “AI Bill of Rights”
Authors Peter Schildkraut is a co-leader of the firm's Technology, Media & Telecommunications industry team and provides strategic counsel on artificial intelligence, spectrum use, broadband, and other TMT regulatory matters. Mr. Schildkraut helps clients navigate the ever-changing opportunities and challenges of technology, policy, and law to achieve their business objectives at the US Federal Communications Commission (FCC) and elsewhere. He is the author of "AI Regulation: What You Need To Know To Stay Ahead of the Curve. James W. Kim is a nationally recognized expert in procurement law that regularly advises companies that do business with the US [...]
“Years of Deception” Behind Consumer Privacy Violations Alleged
Mental Health Platform's Data Sharing Practices Challenged. BetterHelp allegedly shared personal identifiable info with third parties. FTC files administrative complaint asserting "years of deception." Days later, two class actions were filed in the Northern District of California. Online mental health company BetterHelp, Inc. is facing allegations on two fronts for allegedly sharing personal identifiable information with third parties and breaching consumer privacy. The Federal Trade Commission (“FTC”) initiated an administrative complaint against the California-based online mental health company on March 2, 2023, after what they call years of deceptive practices and blatant denial of a [...]
Supplier Beware: The DOJ & FTC Investigating Manufacturing & Supply Chains
The Author Jennifer M. Driscoll (jdriscoll@rc.com) is counsel with Robinson+Cole in New York where she focuses on investigations, litigation, arbitration, mergers, and counseling. She has extensive experience in the medical devices, pharmaceuticals, electronics, and automotive industries. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Supplier Beware: DOJ & FTC Investigating Manufacturing & Supply Chain Issues “Although competitors may attend trade association meetings, the company representative in attendance should be well versed on [...]
Autonomous Vehicles: The New Technology Driving the Litigation Conversation
The Authors Cort T. Malone (cmalone@andersonkill.com) is a shareholder in the New York and Stamford offices of Anderson Kill and practices in the Insurance Recovery and the Corporate and Commercial Litigation Departments. An experienced litigator, he focuses on insurance coverage litigation and dispute resolution, with an emphasis on commercial general liability insurance, directors and officers insurance, employment practices liability insurance, advertising injury insurance, and property insurance issues. John M. Leonard (jleonard@andersonkill.com) is a shareholder in Anderson Kill’s New York, New York, office, where he handles a full spectrum of insurance coverage matters, such as business interruption losses, [...]
Safeguarding Against Financial Exploitation
An on-demand CLE-eligible webinar Safeguarding Against Financial Exploitation America’s senior population is growing. Nearly one in five U.S. residents will be 65 or older in 2030. Which means the average age of U.S. investors is climbing too. With that comes the risk that they will be exploited by people with access – or gain access through nefarious methods – to their investment portfolio. Seniors and vulnerable persons lose billions of dollars each year. Remarkably, 90% of the people to take advantage of senior investors are members of their own family. Attorneys who represent senior clients need to [...]
Federal Judge, Two Attorneys Honored for Excellence in Ethics in Complex Litigation
For Immediate Release U.S. Appellate Judge, Two Attorneys Honored for Ethics in Complex Litigation First-ever awards for ethics in complex litigation excellence will be presented Oct. 22, 2022. Nominations were evaluated by a committee comprising a federal judge, scholars, and litigators. Committee selected a current judge on the Ninth Circuit U.S. Court of Appeals, a plaintiff’s attorney, and a defense attorney. SAN FRANCISCO – Sept. 28, 2022 – Nominated for their contributions to ethics in class actions and complex litigation, the first-ever recipients of the Awards for Excellence in Ethics in Complex Litigation are: jurist, scholar, and [...]
Announcing the Complex Litigation Ethics Conference
A leading academic and practitioner, Joshua P. Davis (davisj@usfca.edu) is a nationally recognized expert on legal ethics and class actions, as well as on artificial intelligence in the law, antitrust, civil procedure, free speech, and jurisprudence. He has published more than 30 scholarly articles and book chapters on these subjects and is currently writing a book on AI titled Unnatural Law, which will be published by Cambridge University Press. He is Research Professor of Law at the University of California Hastings College of Law, and a Shareholder of the Berger Montague PC law firm and Manager of its new San [...]
Class Certification After Olean v. Bumble Bee with Jonathan Rubin of MoginRubin LLP
Featured Speaker Jonathan focuses his practice exclusively on antitrust and competition law and policy. As a litigator, he has led trial teams in major antitrust cases in courts throughout the country. As a thought-leader in competition law, he has published in influential academic journals and has spoken to numerous professional groups, including the Directorate General for Competition of the European Commission, the Antitrust Section of the American Bar Association, the University of Wisconsin, and the American Antitrust Institute. Jonathan has also made several appearances before congressional committees. More About Rubin For more information please email Tom Hagy [...]
Antiracism and Antitrust with Eric Cramer
Our Guest Eric Cramer is Chairman of the Firm and Co-Chair of the Firm’s antitrust department. He has a national practice in the field of complex litigation, primarily in the area of antitrust class actions. He is currently co-lead counsel in multiple significant antitrust class actions across the country in a variety of industries and is responsible for winning numerous significant settlements for his clients totaling well over $3 billion. Mr. Cramer is also a frequent speaker at antitrust and litigation related conferences and a leader of multiple non-profit advocacy groups. He was the only Plaintiffs’ lawyer selected to [...]
Overconfidence: A Risky but Pervasive Phenomenon in Litigated Disputes
The Author Jeff Trueman (jt@jefftrueman.com) is an experienced, full-time mediator and arbitrator. He helps parties resolve a wide variety of litigated and pre-suit disputes and interpersonal problems concerning catastrophic injuries, wrongful death, professional malpractice, employment, business dissolution, real property, and domestic relations. Jeff is a past Director of Dispute Resolution for the Circuit Court for Baltimore City where he oversaw over 70 retired judges and senior attorneys conducting over 1,500 mediations, settlement conferences, and neutral evaluations per year. He is a Distinguished Fellow of the International Academy of Mediators, an invitation-only membership organization consisting of some of [...]
Where’s Your Head? Managing the Mind in Mediation with Jeff Trueman
Where's Your Head? Managing the Mind in Mediation with Jeff Trueman Joining me to discuss this is Jeff Trueman, an experienced, full-time mediator and arbitrator. Jeff helps parties resolve a wide variety of litigated and pre-suit disputes and interpersonal problems concerning catastrophic injuries, professional malpractice, wrongful death, employment, family business dissolution, real property, estate, and domestic relations. He is a panel mediator for the American Arbitration Association; a panel arbitrator for the Financial Industry Regulatory Authority; a Distinguished Fellow of the International Academy of Mediators; a recipient of the Paul A. Dorf Alternative Dispute Resolution Memorial Award by the [...]
Digital Payments in Class Administration
Epiq presents DIGITAL PAYMENTS Best Practices for Efficiency in Class Actions Recorded: Sept. 23, 2020 75 minutes CLE credit: 1+ Registration includes recording, materials, and answers to your questions. TAKE IT NOW! Epiq presents a CLE-eligible webinar Digital Payments Best Practices for Efficiency in Class Actions Recorded Live | Sept. 23, 2020 produced by HB Litigation Conferences Modern life increasingly relies on digital solutions. Nothing has made that more apparent than the novel coronavirus pandemic. In terms of class action settlement payments, the impetus has never been greater to transition to the e-payment [...]
Organizational Values & Business Risks: Properly Balancing Stakeholder Concerns
Accommodations. Appropriate accommodation for high-risk employees or employees with family members who are at a heightened risk. Mitigation. Attention to means of mitigating transmission and infection. Tracing. Contact tracing and management of data collected, including health data, as well as responses to employees who refuse to report. Patient Sensitivity. Duty to avoid discrimination and stigmatization. Preparedness. Developing plans to address possibility of re-occurrence in the fall and managing possible outbreaks in company’s offices. On-demand on the Thomson Reuters West LegalEdcenter as part of the HB catalog. Organizational Values & Coronavirus Business [...]
Journal of Emerging Issues in Litigation: Call for Papers
Call for Papers We are proud of the many excellent contributions we have been receiving for the Journal, and grateful to our many authors, especially our Editorial Board of Advisors. Interested in contributing? Take a look at the specifications and other details then send me your idea. I look forward to hearing from you! Tom Hagy Editor-in-Chief | Journal of Emerging Issues in Litigation Founder | HB Litigation Conferences Email p.s. We are turning many of these articles into podcasts too. Listen to one now. The Emerging Litigation Podcast is available from Apple, iTunes, Google, [...]
PTSD Claims Brought by Facebook’s ‘Graphic Content’ Reviewers Goes to ADR, Putting Civil Action on Pause
By Tom Hagy Facebook can be great fun. How else would I have seen a video of an eight-year-old drummer-girl utterly thrashing Led Zeppelin’s Good Times Bad Times? Or a dog running away with a lit skyrocket as his human friends run, duck and ditch for their lives? Or what your cat looks like in a tuxedo? Facebook can also be a source of horror. Some of the most distressful commentary and images you wish you could un-see. And that’s just from my family. Imagine your entire job is to monitor Facebook discussions and remove its graphic content. Day [...]
PTSD in Multi-Plaintiff and Mass Tort Cases | Webinar OnDemand
[one-fourth-first] Price: $47 When: On-demand Where: Your computer or mobile device CLE: 1 hour Speakers Mark I. Levy MD, DLFAPA Medical Director Forensic Psychiatric Associates Medical Corporation Associate Clinical Professor, Psychiatry University of California, San Francisco, School of Medicine 415.388.8040 mlevy@fpamed.com Sarah A. Hall, PhD. Psychologist for Forensic & Neuropsychological Assessments Forensic Psychiatric Associates Medical Corporation shall@fpamed.com [/one-fourth-first][three-fourths] What tort attorneys need to know about PTSD claims. Mass tort claims arise most frequently in man-made and natural disaster catastrophe litigation as well as personal injury, employment, product liability and toxic tort litigation. Frequently, these lawsuits include [...]
Million-Dollar Settlement in Employee Background Check Case, Top Class Actions Reports
"Job applicants have secured a $1.2 million settlement ending allegations that Maxim Healthcare did not properly inform potential employees that they would have a consumer report pulled as part of the application process. Class Members include those who applied and got a job with the healthcare services company between May 5, 2009 and Aug. 27, 2012, who were also subject to a consumer report check by Maxim. The Maxim Healthcare class action lawsuit claimed that Maxim violated federal consumer privacy protections when procuring employee background checks."
Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar
Settlement Psychology Who's in charge? Homer Simpson or Mr. Spock? Cognitive obstacles to finding common ground. [two-fifths-first] Complimentary On-Demand Webinar From HB! 1 CLE credit CLE questions? CLE@LitigationConferences.com Questions for speakers? Questions@LitigationConferences.com SPEAKERS Jeff Trueman Mediator / Negotiator John Philip Miller Baltimore City Circuit Judge (ret.) This course is also available via the West LegalEdcenter. [/two-fifths-first] [three-fifths] Improve your negotiation strategy and outcomes. Mediator, arbitrator and settlement conference neutral Jeff Trueman says the lawyer’s mind can sometimes play tricks on them when it comes time to settle a claim. “The central question on [...]
Cyber Insurance Policy Language Review: A Deep Dive Into Key Policy Provisions and Important Differences Among Cyber Policies | Oct. 25, 2018 | Now On-Demand!
[one-third-first] Now Available On Demand PLACE: Your computer or mobile device PRICE: $197 CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKERS: Judy Selby Principal Judy Selby Consulting LLC Scott Godes Partner Barnes & Thornburg Please contact us with any registration questions: Brownie.Bokelman@LitigationConferences.com Kathleen.McFadden@LitigationConferences.com Your registration includes: • A site license to attend this webinar (invite as many people in one location as you can fit around your computer at no extra charge). • Downloadable PowerPoint presentations from our speakers. • The opportunity to connect directly with speakers via email to HBWebinars@LitigationConferences.com • At least one-hour of CLE [...]
Cognitive Shortcuts: Assessing Case Value & Litigation Risk with Homer Simpson and Spock
By Jeff Trueman, Esq. Mediator The central question on the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, “What’s the case worth?” Although lead paint litigation may be going through some changes, it remains a mature tort where enough historical settlement and verdict data exist for counsel to argue why a particular case should or should not fit within a certain settlement range. In the midst of these discussions, the human brain plays tricks on us. For example, litigators sometimes assume that their trial experience can determine how jurors will negotiate with one [...]