1606, 2026

Medicare Set-Asides in Catastrophic Injury Cases: What Plaintiff Lawyers Get Wrong—and How It Costs Their Clients Millions | Webinar for CLE Credit

June 16th, 2026|Categories: CLE OnDemand, Emerging Litigation & Risk, Insurance, Mass Torts, New Featured Post for Home Page, New Webinars|Tags: , , , |

Medicare issues can significantly affect the value and outcome of catastrophic injury settlements. In this webinar, Brett Newman and Franklin Solomon examine Medicare reimbursement claims, Medicare Set-Asides, the Medicare Secondary Payer Act, and settlement planning strategies that help plaintiff attorneys protect client recoveries while avoiding unnecessary compliance burdens and costly mistakes.

1802, 2026

FTC Warns Law Firms About Diversity Certifications – This Time Alluding to Antitrust

February 18th, 2026|Categories: Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , , |

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.

704, 2023

Pixel Litigation the Latest Craze in Privacy Law

April 7th, 2023|Categories: Complex Business Litigation, HB Risk Notes, Technology Law|Tags: , , , , |

Meta, Google Face Barrage of Pixel Lawsuits in Digital Privacy War META PLATFORMS INC. AND GOOGLE  are currently facing nearly 70 lawsuits involving large companies and some hospital systems or individual health care providers utilizing Pixel tracking tools embedded on their websites and applications. Sensitive private data such as financial information gathered from filing tax returns online or patient healthcare information stored on patient portals is being actively tracked and sent to Meta and Google for both analytical and advertising purposes. Tracking pixels are a 1x1 Pixel graphic that serves as a snippet of code used [...]

1208, 2021

The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone

August 12th, 2021|Categories: ELP, Emerging Litigation & Risk, Insurance, Mass Torts, News|Tags: , , , |

The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone Joining me to discuss this high-stakes litigation is Sandra M. Cianflone of Hall Booth Smith, P.C.  Sandie counsels and defends hospitals, physicians, nurses and institutional employees in a broad spectrum of catastrophic injury and medical malpractice cases. She received her Juris Doctorate from Pace University School of Law and her undergraduate degree from Fairleigh Dickinson University. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. [...]

2206, 2026

HIPAA Meets Social Media Marketing with Liz Heddleston and Leah Stiegler

June 22nd, 2026|Categories: ELP, Emerging Litigation & Risk, New Featured Post for Home Page|Tags: , , |

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.

1908, 2022

Epiq Class Action Settlement Efficiency

August 19th, 2022|Categories: Class Actions, CLE OnDemand, Complex Business Litigation, Mass Torts|Tags: , |

Epiq presents a CLE-eligible webinar Wait Wait ... Don't Settle! Essential elements of effective class action settlements. When it comes to complex class action litigation, once the hard work is done – litigation and settlement – more hard work begins – administering it.  But is the deal really ready? After years of arduous proceedings, discovery, motions, appeals, hearings, negotiations, and more, the scope and structure of your settlement has been drafted. Everyone is in agreement. The hard work of the courts, the attorneys, the legal teams, and the litigants is complete. Now it's time [...]

702, 2026

Opioid Addiction Litigation 2026: The New Post-Mega-Settlements Normal, Why Tribal Claims Are Central, and a Federal Pullback on Treatment Programs

February 7th, 2026|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , |

Opioid litigation has entered a new phase defined less by courtroom trials and more by long-term settlement governance, tribal sovereignty, and evolving bankruptcy law. National opioid settlements now fund abatement through strict reporting and multi-year payment schedules, while Tribal Nations administer parallel sovereign recovery systems. At the same time, the Supreme Court’s Harrington v. Purdue Pharma decision has reshaped how mass-tort bankruptcies resolve claims. Yet as litigation-driven funding stabilizes, federal support for addiction treatment and overdose prevention faces deep cuts and growing uncertainty. Together, these developments show opioid litigation moving into a complex era where courts, settlements, and public policy intersect.

2501, 2026

Agentic AI on Trial: You Be The Judge Part 1 – Medical Diagnostics | Featuring An AI Expert, a Google Cloud Exec, and a Florida Circuit Judge

January 25th, 2026|Categories: ELP, New Featured Post for Home Page|Tags: , , , |

When autonomous AI systems make life-and-death decisions, who is responsible when something goes wrong? In Part 1 of the Agentic AI on Trial series, Galina Datskovsky, PhD, Marina Kaganovich, and Hon. Lisa Walsh examine a hypothetical agentic AI mammography triage system designed to operate with minimal human oversight. The panel explores accountability across developers, hospitals, clinicians, and data providers—and whether new standards of care are emerging for machine decision-making. A must-listen for health tech, compliance, and healthcare operations professionals navigating the legal and operational risks of autonomous AI.

2611, 2025

Maryland Child Victims Act: Defending & Pursuing Insurance Coverage for Abuse Claims | Get CLE

November 26th, 2025|Categories: CLE OnDemand, Complex Business Litigation, Insurance, New Featured Post for Home Page, New Webinars|Tags: , , |

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.

1711, 2025

Ninth Circuit Rejects Religious Accommodation Claim in COVID Testing Case

November 17th, 2025|Categories: Complex Business Litigation, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

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.

1709, 2025

Insurance Coverage Litigation’s Modern Mayhem with Jeremy Moseley on the Emerging Litigation Podcast

September 17th, 2025|Categories: ELP, Insurance, New Featured Post for Home Page|Tags: , , |

Insurance coverage litigation isn’t what it used to be. In this episode of the Emerging Litigation Podcast, Jeremy Moseley of Spencer Fane unpacks how automation, AI, climate change, and “social inflation” are reshaping risks and fueling high-stakes disputes. From thermonuclear verdicts to dangerous policy gaps, Jeremy offers sharp, practical insights into what insurers, policyholders, and lawyers should expect next.

707, 2025

Artificial Intelligence Litigation Roundup

July 7th, 2025|Categories: Complex Business Litigation, Intellectual Property, Technology Law|Tags: , , , |

The ongoing rise of artificial intelligence (AI) is reshaping legal landscapes, with a surge in antitrust and copyright lawsuits challenging the way AI integrates into business and creative industries. Key cases target AI-driven pricing platforms like RealPage and Yardi Systems, with plaintiffs alleging these tools enable collusive price fixing and drive up costs in sectors such as real estate, healthcare, hospitality, and equipment rental by aggregating and sharing sensitive commercial data. Meanwhile, copyright battles have intensified as creators, publishers, and developers sue major tech companies—including Cohere, Stability AI, OpenAI, Meta, GitHub, Microsoft, and Google—over the unlicensed use of their works to train AI models. These lawsuits argue that using copyrighted material without consent threatens creators’ rights and business models, while defendants counter with fair use and public domain defenses. The outcomes of these pivotal cases will set crucial precedents on acceptable AI practices, copyright scope, and the use of data for training language models. As AI continues to advance, these legal battles will play a defining role in shaping the future of competition, creativity, and consumer protection across industries worldwide. Read an excerpt and click to the full story on the Mogin Law LLP website.

904, 2025

Valid Antitrust Concerns or Partisan Objectives: Which Will Guide Trump’s FTC?  

April 9th, 2025|Categories: Class Actions, Corporate Compliance, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , |

Concerned that the spirit of retribution that drove executive orders against some of the nation's largest law firms will carry over to business deals, Tom Hagy writes about recent changes at the Federal Trade Commission and some of the comments from the new chair that suggest infusion of retribution into the process of examining business deals is inevitable.

2811, 2024

Resolving Litigation with AI with Jeff Trueman & John T. Sly

November 28th, 2024|Categories: CLE OnDemand, Law Firm Operations, New Webinars, Technology Law|Tags: , , , , |

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.

2509, 2024

The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath

September 25th, 2024|Categories: Corporate Compliance, ELP, Emerging Litigation & Risk, Law Firm Operations|Tags: , , , , |

Hey! Corporate corruption costs $5 trillion a year! In this episode two former prosecutors talk about the Foreign Corrupt Practices Act, the government’s leading weapon in its global war on corporate crime. They also talk about the new statute on the block, the Foreign Extortion Prevention Act, and the many complexities of this fascinating area of the law. Check out our interview with Reed Smith attorneys Mark Bini and Tom Suddath. They know this area of the law inside and out.

1809, 2024

AI Survival Guide: Best Practices to Mitigate AI Litigation Risk

September 18th, 2024|Categories: Class Actions, CLE OnDemand, Complex Business Litigation, Corporate Compliance, Emerging Litigation & Risk|Tags: , , , |

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.

1708, 2024

False Claims Act, Health Care Whistleblowers, and Whistling in the Wind with Justin Lugar

August 17th, 2024|Categories: Complex Business Litigation, Corporate Compliance, ELP|Tags: , , , , |

In this episode, we discuss How whistleblower cases come about, the benefits of rewarding whistleblowers, how things are done differently outside the U.S., what’s driving the acceleration of this area of law, and best practices when your company is served with guest Justin Lugar of WoodsRogers. Drawing on his background as both public servant and private practitioner, Justin walks through these issues and others.

708, 2024

President Biden’s Critical Infrastructure Cyber Memo and CrowdStrike’s Whoopsie Daisy with Elizabeth Burgin Waller

August 7th, 2024|Categories: Corporate Compliance, ELP, Technology Law|Tags: , , , , |

In this episode, we discuss our nation's critical infrastructure in the context of cybersecurity, addressing President Biden's recent National Security Memorandum on Critical Infrastructure Security and Resilience and its implications for sectors like energy, water, and transportation, with guest Elizabeth Burgin Waller of WoodsRogers. Beth also comments on a recent global system glitch that underscores the vulnerability of the networks behind many of our most critical services. We're talking CrowdStrike and Microsoft Windows.

3006, 2024

Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone

June 30th, 2024|Categories: Complex Business Litigation, ELP, Insurance|Tags: , , , , |

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.

2902, 2024

The Corporate Transparency Act: A New Effort to Fight Money Laundering with Lori Smith

February 29th, 2024|Categories: Complex Business Litigation, Corporate Compliance, ELP, News|Tags: , , , , |

In this episode, we discuss the Corporate Transparency Act (CTA) with Lori Smith of Stradley Ronon, including the key facets of the Act's requirements, potential penalties, and chances for litigation. As Lori notes, "the U.S. is one of the few countries in the world where you can form entities, and nobody can tell who owns them". The CTA aims to prevent this from being the case. Listen and learn more!

1902, 2024

Litigators, YES Litigators: One Attorney’s Journey Within and Without the Legal Industry

February 19th, 2024|Categories: Complex Business Litigation, ELP, Law Firm Operations, Technology Law|Tags: , , , |

In this episode, we discuss all the things one former litigator, Somya Kaushik, Senior Corporate Counsel at Mineral and Adjunct Professor of Law at Lewis & Clark Law School has done, and the advantages she feels a litigator can bring to a small company – one that isn’t embroiled in litigation (and would like to keep it that way). As she notes, "a litigator is well-positioned to identify actual but often overlooked legal risks, effectively mitigating issues and reducing both business and legal risks". Listen and learn more!

1701, 2024

Expert Depositions and Trial Disclosures: What Every Litigator Needs to Know

January 17th, 2024|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Tort Notes, Journal, Law Firm Operations, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

Expert disclosures in litigation are vitally important for trial testimony and planning for trial. The author, Ethan Minkin examines issues surrounding expert depositions and trial disclosures, which he argues need to be appreciated to avoid unanticipated surprises at trial. As Ethan discusses, "the pretrial process requires an eye toward the future. Trial work is not limited to just knowing the applicable Rules of Evidence. The applicable Rules of Civil Procedure play an equally important, if not greater, role in helping to define what will happen at trial".

610, 2023

Latest on Software and AI Devices from the United Kingdom’s MHRA by Jackie Mulryne and Eleri Williams

October 6th, 2023|Categories: HB Risk Notes, Intellectual Property, Technology Law|Tags: , , , , |

In this article, the authors discuss new updates from the UK’s Medicines and Healthcare products Regulatory Agency on how software and artificial intelligence medical devices will be regulated in the United Kingdom after Brexit. Read and learn more!

2509, 2023

Natural Gas Bans and Bans on Bans

September 25th, 2023|Categories: Complex Business Litigation, ELP, Environmental Torts|Tags: , , , |

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.

2206, 2023

The Blueprint for an “AI Bill of Rights”

June 22nd, 2023|Categories: Corporate Compliance, Technology Law|Tags: , , , , |

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 [...]

106, 2023

Digital Health Care Companies, Beware: Federal Agencies Are Tracking Your Use of Online Tracking Technologies

June 1st, 2023|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Authors Patricia A. Markus (trish.markus@nelsonmullins.com) represents health care providers and health technology companies across the country on wide-ranging regulatory compliance, reimbursement, licensure, and operational matters, with a special focus on issues surrounding health information privacy, security, and technology. Shane Duer (shane.duer@nelsonmullins.com) focuses his practice on healthcare regulatory and corporate matters, with an emphasis on data privacy, cyber security, and information management concerns within and beyond the health care industry. 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 [...]

1105, 2023

Big Tech’s Race to Develop Superior Artificial Intelligence Technology

May 11th, 2023|Categories: Corporate Compliance, Technology Law|Tags: , , , , |

Big Tech’s Race to Develop Superior Artificial Intelligence Technology Will A.I. Compromise Free Enterprise, Disclosure and Security? America’s Big Five tech companies – Amazon, Apple, Facebook, Google and Microsoft – are racing to develop technology they claim will change the world -- again. The tech Goliaths have more than 33,000 researchers at their disposal to create artificial intelligence (A.I.) technology with an obvious and perpetual prize: revenue.  It's the talk of the world. NBC Nightly News recently predicted the impacts that A.I. will have on society in the coming years. A.I. tech was also the [...]

605, 2023

Persuasion as Direct and Honest Trial Advocacy with Jack Siegal

May 6th, 2023|Categories: Complex Business Litigation, ELP, Law Firm Operations|Tags: , , , , |

Persuasion as Direct and Honest Advocacy with Jack Siegal The relevance to jury trials and jury persuasion is obvious. According to studies cited in a 2019 article in Business Insider, people develop first impressions of you “even before you open your mouth.” That means your mere appearance “affects how trustworthy, promiscuous, and powerful people think you are.” It’s the trustworthy part that attorneys need to pay attention to. Regardless of the strength of their case or whether the law is on their side, an attorney still must be persuasive. And, unless the audience – whether it is [...]

2803, 2023

Government Involvement in Medical Decisions During Outbreaks with Bryce McColskey and Sandra Cianflone

March 28th, 2023|Categories: ELP, Environmental Torts, HB Tort Notes|Tags: , , , , |

Government Involvement in Medical Decisions During Outbreaks  It's apparently (and hopefully) on its last legs. The Covid-19 pandemic was the most recent health issue to raise questions around government’s involvement (or interference) in an individual’s control over their own medical treatment. In their article – Government Involvement in Medical Care Decisions During Outbreaks of Disease: How Far is Too Far? – our guests wrote about the intersection of law and medicine. They reviewed medical mandates, implications brought about by the impact of advances in science and medicine, and where role of government to protect public health intersects (or [...]

2303, 2023

Government Involvement in Personal Medical Care Decisions During Outbreaks of Disease: How Far Is Too Far? by Bryce McColskey and Sandra M. Cianflone

March 23rd, 2023|Categories: Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Authors Bryce McColskey (bmccolskey@hallboothsmith.com) is an attorney with Hall Booth Smith, P.C., based in Jacksonville, Florida, where he focuses on medical malpractice and professional liability law. Sandra M. Cianflone (scianflone@hallboothsmith.com) is a partner in the Atlanta office of Hall Booth Smith, where she concentrates on a variety of aspects of healthcare defense and chairs the firm’s Coronavirus Task Force. She is also a member of the Editorial Board of Advisors of the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and [...]

1403, 2023

How Insurance Companies Defraud Their Policyholders, and What Courts and Legislators Should Do About It

March 14th, 2023|Categories: Emerging Litigation & Risk, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , |

The Authors Robert D. Chesler (rchesler@andersonkill.com) is a shareholder in Anderson Kill's Newark office. Bob represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Bob is also a member of Anderson Kill's Cyber Insurance Recovery group. Bob has served as the attorney of record in more than 30 reported insurance decisions, representing clients including General Electric, Ingersoll-Rand, Westinghouse, Schering, Chrysler, and Unilever, as well as many small businesses including gas stations and dry cleaners. He has received numerous professional accolades, including a top-tier ranking for Insurance [...]

203, 2023

The New European Unified Patent Court with Marianne Schaffner and Thierry Lautier

March 2nd, 2023|Categories: Complex Business Litigation, ELP, HB Tort Notes, Intellectual Property, Technology Law|Tags: , , , |

What's the new European patent court mean to global innovators? The European Union’s new Unified Patent Court is an international body set up by participating EU Member States to deal with the infringement and validity of both Unitary Patents and European patents. The court's objective is “putting an end to costly parallel litigation and enhancing legal certainty.” Unitary patents are intended to make it possible to get patent protection in up to 25 EU Member States by submitting a single request to the European Patent Office, making the procedure simpler and more cost effective for applicants. The new system [...]

2009, 2022

EMR Audit Trail—What Is It? Why Do They Matter? What Should You Look For? by Haley K. Grieco and Brooke E. Reddin

September 20th, 2022|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Authors Haley K. Grieco (hgrieco@hallboothsmith.com) is a partner in the Paramus, New Jersey, office of Hall Booth Smith, where she defends physicians, hospitals, and other healthcare providers in a wide range of medical malpractice litigation. Brooke E. Reddin (breddin@hallboothsmith.com) is an associate with the firm, where she focuses her practice on healthcare, medical malpractice, and aging services 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. EMR Audit Trail—What Is It? Why [...]

1908, 2022

Lien Resolution: Government & Private Plans Get Aggressive (Against Attorneys)

August 19th, 2022|Categories: CLE OnDemand, Featured On-Demand, Insurance, Mass Torts|Tags: , , , , |

Includes Nearly 75 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. What can you do to settle personal injury suits cleanly and avoid costly litigation and penalties? What recent cases can inform you about protecting your settlements and, as attorneys, yourselves, from post-settlement federal lawsuits? How can your firm [...]

1808, 2022

Telepsychiatry: Mitigating the Risks

August 18th, 2022|Categories: CLE OnDemand, Corporate Compliance, Featured On-Demand, Law Firm Operations|Tags: , , , , |

REGISTER Registration Includes Nearly 90 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. Understand the risks associated with telepsychiatry and how to manage them.  Telemedicine has emerged as an important solution for healthcare in general and psychiatric medicine specifically during the current global pandemic. Remote access for sub-practices including [...]

2006, 2022

Antiracism and Antitrust with Eric Cramer

June 20th, 2022|Categories: Class Actions, Complex Business Litigation, ELP, Employment, News|Tags: , |

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 [...]

1003, 2022

Social Inflation’s Impact on Jury Verdicts

March 10th, 2022|Categories: Complex Business Litigation, ELP, Emerging Litigation & Risk, Insurance, News|Tags: , , , , |

Social Inflation's Impact on Jury Verdicts in Healthcare Litigation Our guests wrote in the Journal on Emerging Issues in Litigation: “These outsize awards are often driven by myriad factors including sympathetic jurors, societal conceptions about income and wealth of corporations, the use of emotion-driven ‘Reptile Theory’ tactics by plaintiff attorneys, the media spotlight on ‘bad apple’ physicians, and numerous other social factors. A new factor that influences elevated jury verdicts is the increasing volume of information—whether true or false—that is exchanged on social media platforms.” Listen to my interview with Hall Booth Smith P.C. attorneys Sandra Cianflone, Samantha Myers, and Lindsay [...]

2202, 2022

Going Viral or Going Nuclear: Social Inflation’s Impact on Jury Verdicts …

February 22nd, 2022|Categories: Class Actions, Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The Authors All three authors are with the law firm of Hall Booth Smith, P.C., and concentrate on various aspects of healthcare defense.  Lindsay A. Nishan (lnishan@hallboothsmith.com) is an Associate in the HBS Charleston office. Samantha Bowen Myers (smyers@hallboothsmith.com) is an Associate in their West Palm Beach, Florida, office. Sandra Mekita Cianflone (scianflone@hallboothsmith.com) is a Partner in the firm’s Atlanta office. She is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation, and a frequent contributor to the Emerging Litigation Podcast. Going Viral or Going [...]

1301, 2022

7th Circuit: Is Each Transmission of Biometric Data a BIPA Violation? | By Jennifer M. Oliver | MoginRubin LLP

January 13th, 2022|Categories: Complex Business Litigation, Emerging Litigation & Risk, Employment, HB Risk Notes, New Featured Post for Home Page, News, Technology Law|Tags: , , , |

7th Circuit: Is Each Transmission of Biometric Data a BIPA Violation? By Jennifer M. Oliver The outcome of this case will have a dramatic impact on statutory damages. The Seventh Circuit U.S. Court of Appeals has certified a question to the Illinois Supreme Court over the accrual of claims under the Illinois Biometric Information Privacy Act (BIPA). The question, posed by the court in Cothron v. White Castle Systems, Inc., reads: “Do section 15(b) and 15(d) claims accrue each time a private entity scans a person’s biometric identifier and each time a private entity transmits [...]

909, 2021

Digital Payments in Class Administration

September 9th, 2021|Categories: Class Actions, Complex Business Litigation, HB Risk Notes, Technology Law|Tags: , , |

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 [...]

306, 2021

Sandra Cianflone on Current and Emerging COVID-19 Litigation

June 3rd, 2021|Categories: ELP, HB Risk Notes, Insurance, Mass Torts, News|Tags: , , , |

Sandra Cianflone on COVID-19 Litigation in 2021 and Beyond It’s now been more than 18 months since the world was besieged by the novel coronavirus pandemic. In addition to the human toll, it disrupted our lives in ways big and small, new and old, as it raced across continents, first visiting North America in January 2020. There are an estimated 15,000 lawsuits relating to the outbreak, with some 350 filings directed toward the healthcare and medical communities. The number of insurance coverage suits is fast-approaching 1,800. Litigation has been initiated against aging services, hospitals, and healthcare providers, with the next [...]

1812, 2020

Biogen Pays 22M To Resolve False Claims Act Charges For Paying Kickbacks

December 18th, 2020|Categories: Class Actions, Complex Business Litigation, News|Tags: , , , |

The Justice Department has announced that Biogen, Inc., has agreed to pay $22 million to resolve claims that it violated the False Claims Act by illegally using foundations as a conduit to pay the copays of Medicare patients taking Biogen’s multiple sclerosis drugs, Avonex and Tysabri. Biogen did not admit liability in reaching the agreement. […]

1203, 2020

Journal of Emerging Issues in Litigation: Call for Papers

March 12th, 2020|

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, [...]

605, 2019

The Cloud: Selected Benefits, Risks, and Insurance Coverage Issues (Part 1) — Barnes & Thornburg

May 6th, 2019|Categories: HB Risk Notes, Insurance, Technology Law|Tags: , , , , |

Cloud Risk: Do You Transfer Liability Along with Data? Many of us were using data clouds before we even knew what they were. Now, while most of us are comfortable with the concept, we may not be comfortable knowing who is liable when data is lost, damaged or breached. It's not a given that your cloud provider absorbs any liabilities, and it's not a given they can even afford the liability should it arise. Below are quotes from an article by Scott Godes, Kara Cleary, and Heidi Fessler of Barnes & Thornburg LLP on the subject, and a link [...]

1104, 2019

Million-Dollar Settlement in Employee Background Check Case, Top Class Actions Reports

April 11th, 2019|Categories: Class Actions, Employment, HB Risk Notes, HB Tort Notes, Technology Law|Tags: , , , |

"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."

2202, 2019

Verdict & Settlement Lien Resolution Webinar | 3/6/2019

February 22nd, 2019|Categories: Uncategorized|Tags: , , , , |

[two-fifths-first] DATE: March 6, 2019 TIME: 4 p.m. EDT; 3 p.m. CDT; 2 p.m. MDT; 1 p.m. PDT PLACE: Your computer or mobile device PRICE: $247 -- but just $197 through Feb. 28 with promotion code JVRA50 GROUPS ARE GOOD: Registering qualifies you to multiple attendees at your location. CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKERS: Franklin Solomon Solomon Law Firm Brett Newman Newman Settlement Services Group [/two-fifths-first] [three-fifths] Tort Settlement Lien Resolution: Beyond Traditional Medicare and Medicaid Issues to ERISA, FEHBA, Medicare Advantage, VA, Tricare and Medicare Set-Asides. Take this highly practical course with two deeply experienced practitioners [...]

201, 2019

Stigma and Shame Hampered AIDS Treatment in the 80s, and Opioid Treatment Today

January 2nd, 2019|Categories: Class Actions, HB Risk Notes, HB Tort Notes, Insurance|Tags: , , , |

By Tom Hagy I worked in the press office of the New Jersey Department of Health in the 1980s. Aside from hazardous waste, asbestos, cancer, a chemical fire or two, the annual influenza "crisis" and the occasional salmonella outbreak, AIDS was one of the most urgent, frightening and misunderstood health issues of the day. The U.S. epidemic began with one reported case in 1981, according to the Centers for Disease Control, and grew to an astounding 36.9 million people living with HIV/AIDS in 2017 as reported by the World Health Organization. The office I worked in was tasked with [...]

109, 2018

Complex Post-Settlement Liens | CLE Course | Recorded July 26, 2018

September 1st, 2018|Categories: CLE OnDemand, Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: , , |

[two-fifths-first] Two ways to access this session. Get it direct from HB for just $197 for the video -- audio synced with slides. Or, it's included in your West LegalEdcenter (Thomson Reuters) subscription. ____________________ Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group [/two-fifths-first] [three-fifths] Complex Post-Settlement Liens: Beyond Traditional Medicare and Medicaid Issues Take this highly practical course with two deeply experienced practitioners who share insights on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to [...]

908, 2018

Artificial Intelligence in the Drug and Device Industries

August 9th, 2018|Categories: Complex Business Litigation, HB Tort Notes, Technology Law|Tags: , , , , |

Are Data Divers and Miners Going to Lead Innovation? The big tech companies are into it. Apple, IBM and Google. Roche is into it. Medtronic, as well. Artificial intelligence has been a big part of innovation in the healthcare space for several years, and its impact is only going to get bigger. "Artificial intelligence-based healthcare technologies have contributed to improved drug discoveries, tumor identification, diagnosis, risk assessments, electronic health records (EHR), and mental health tools, among others," writes Blank Rome attorney Brian Higgins in his Artificial Intelligence and the Law Blog (it's excellent, by the way).  [1] Daniel Faggella [...]

2007, 2018

Right to Try Act: Commentary Roundup

July 20th, 2018|Categories: Complex Business Litigation, Corporate Compliance, HB Tort Notes, Mass Torts|Tags: , , , , |

A Life Saver, Political Grandstand, or Harmful Scam? Depends on Who You Ask. And When. It's been two months since President Donald J. Trump signed into law the Right to Try Act which allows terminally ill patients access to experimental drugs not yet approved by the FDA. Like many things in America in 2018, opinions on the efficacy of this new law vary along party or ideological lines. Will it give hope and precious life-extending solutions for patients fighting terminal disease? Or is it a money-driven scheme intended to enrich corporations and the super rich? Signed into law [...]

407, 2018

Complex Post-Settlement Liens | Webinar | July 26, 2018 | 2pm

July 4th, 2018|Categories: Complex Business Litigation, HB Tort Notes, Law Firm Operations|Tags: , |

[two-fifths-first] Date: July 26, 2018 Time: 2pm-3:30pm Fee: $125 Register and pay online or contact Kathleen.McFadden@LitigationConferences.com (484) 324-2755 x2000 Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group [/two-fifths-first] [three-fifths] Complex Post-Settlement Liens Join us for a highly practical session with two deeply experienced practitioners who will share their insights and answer your questions on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. [...]

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