Business vs Business disputes, e.g., IP, fraud, contract breaches, antitrust, whistleblowers, M&A, trade secrets, poaching.

Public Justice Shares Inside Look at Roundup Trial and Appeal in First Episode of “Justice Pod”

November 8th, 2021|Categories: Complex Business Litigation, Environmental Torts, HB Tort Notes, Mass Torts, News|Tags: , , , |

Public Justice Discusses Hardeman v. Monsanto in First Episode of Justice Pod That is according to a post written by Leslie Brueckner, Senior Attorney with Public Justice following the May 2021 Ninth Circuit U.S. Court of Appeals ruling against Monsanto, and for Edwin Hardeman, a California resident who developed non-Hodgkin’s lymphoma after decades of exposure to Roundup. The jury awarded Hardeman $5,267.634.10 in compensatory damages, and $75 million in punitive damages. The district court reduced the punitive damages award to $20 million.  In this inaugural episode of Justice Pod: Conversations with Public Justice Change Makers, Leslie, is joined by David J. Wool, an attorney with the Wagstaff Law Firm.  Wool and Jennifer A. Moore of the Moore Law Group, were on the trial team led by highly-regarded mass tort plaintiff attorney Aimee Wagstaff.  Public Justice’s Brueckner served as co-lead appellate counsel along with Wool before the Ninth Circuit. Listen to what they felt inspired the jury to return such a substantial award, how Monsanto attempted to defend its actions, what the evidence revealed, and what it was like in the courtroom with the Hardeman family when the foreman read the verdict. I hope you find the episode inspiring and informative! Susan Gombert Host of Justice Pod: Conversations with Public Justice Change Makers Listen Now! Monsanto Co. has “stopped at nothing to deny the [...]

Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute

October 26th, 2021|Categories: Complex Business Litigation, HB Risk Notes, Intellectual Property, Journal, News|Tags: , , |

Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute Abstract This case discussed in this article is about two methods of editing DNA: one that has infinitely more lucrative applications because it can edit human DNA (plus all animals and plants), another that works in cell-free environments. Whether inventions are separate or part of the same innovation is an important factor in patent interference disputes; if there are two patentably distinct inventions there cannot be interference. One party in this case lost its argument that there was only one invention at issue, but returned with a second interference claim, arguing that it was the first inventor to constructively reduce to practice the animal and plant DNA editor. In this article, the author examines the nuances and intricacies of the patent process in the world of biology, and how patent lawyers must possess a level of knowledge in disciplines related to the inventions they seek to protect. This is necessary, for example, in understanding whether an invention is a significant improvement over prior innovations. The author also shares the importance of confidentiality especially when potentially groundbreaking (and lucrative) inventions are in development. Author Adrienne B. Naumann (adriennebnaumann@uchicago.edu) practices intellectual property law at the Law Office of Adrienne B. Naumann in [...]

Mega Verdict Threat: Tackling Damages Early Can Mitigate Outsized Jury Awards

October 26th, 2021|Categories: Complex Business Litigation, HB Tort Notes, Journal, Mass Torts, News, Procedural Law|Tags: , |

Mega Verdict Threat: Tackling Damages Early Can Mitigate Outsized Jury Awards Abstract Why have medical malpractice verdicts in recent years reached such astronomical new heights? In this article the author addresses several of the factors that drive juries to return such punishing awards, discussing the unexpected impact of tort reform, the role of life-care planners and economists in determining damages, the ramifications of litigation financing, plaintiff attorneys’ utilization of the so-called reptile theory, and the influence of how the media reports on these verdicts. The author offers practical methods for defense attorneys involved in this litigation and insights that will benefit attorneys in any type of tort matter. Author Sandra M. Cianflone (scianflone@hallboothsmith.com) is an attorney at law firm Hall Booth Smith, P.C., whose practice primarily focuses on medical malpractice. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

Gamification of Stock Trading with Brad Rustin

October 14th, 2021|Categories: Complex Business Litigation, ELP, Emerging Litigation & Risk, News, Technology Law|Tags: , , , |

Gamification of Stock Trading with Brad Rustin "What's the deal?" you ask? Find out! Listen to my interview with FinTech attorney Brad Rustin, a partner with Nelson Mullins. In addition to chairing the firm’s Financial Services Regulatory Practice, Brad counsels  financial institutions in regulatory matters, including strategic agreements, product development, and operational compliance. A large portion of his work is on bank and non-bank partnerships involving white-label deployments, FinTech partnerships, or payments, digital assets, cryptocurrency, and lending partnerships. Brad is a Certified Anti-Money Laundering Specialist (CAMS) by ACAMS and a Certified Regulatory Compliance Manager (CRCM) by the American Bankers Association. He received his JD, magna cum laude, from the University of South Carolina School of Law and his BA in Political Science and History, cum laude, from Furman University. And now, he is not only a guest on the Emerging Litigation Podcast, but the FinTech advisor on the  Editorial Advisory Board of the Journal on Emerging Issues in Litigation. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative our guests are, please drop me a note at Editor@LitigationConferences.com. [...]

Impact of Surfside Condo Collapse with Judah Lifschitz

September 9th, 2021|Categories: Complex Business Litigation, ELP, Environmental Torts, HB Tort Notes, Insurance, Mass Torts, News|Tags: , , , |

Impact of Surfside Condo Collapse with Judah Lifschitz Joining me is experienced construction law attorney Judah Lifschitz of Shapiro, Lifschitz & Schram  who spoke about the near- and long-term impacts of the Surfside condo collapse not only in Florida around the country.  Judah has extensive experience dealing with construction matters, representing clients in engineering, procurement and construction contracts and disputes. He represents and advises government agencies and private owners; regional, national and international contractors; construction managers and subcontractors; design professionals; and insurance companies. Notably, Judah won one of the largest liquidated damages awards in the history of the construction industry.  Education: George Washington University, J.D.; Yeshiva University, B.A., magna cum laude. 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. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Judah is, please drop me a note at Editor@LitigationConferences.com. Thanks to Judah for speaking with me about this important topic. I was especially proud that I pronounced his name correctly on the first try, though he assured me that I could in no way do more damage to it than those who have come before me. (Clearly [...]

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 realm for security, convenience, cost-reduction, and improved fund disbursement. Class counsel and claims administrators have experimented for years with pre-paid debit cards, automated clearing house (ACH) deposits, and wire transfers, while others have tested judicial appetites for registered-user payment systems like PayPal and Venmo. However, digital payment schemes with multiple options -- the primary of which is direct deposit -- seem to be emerging as the favored solution. Though class action notice is increasingly being digitized, aided by the 2018 amendments to Federal Rule of Civil Procedure, particularly Rule 23(c)(2)(B), which permits notice by electronic means like emails and digital and social media, payment itself has lagged behind. Even with these challenges, electronic payment distribution is now a viable option. Courts are [...]

Virtual Hearings: Changing Perceptions of Executive Testimony?

August 12th, 2021|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Risk Notes, Journal, News, Technology Law|Tags: , , |

Virtual Hearings: Changing Perceptions of Executive Testimony? Abstract Given the newly acceptable ease of securing testimony via webcam—necessitated by the pandemic—this article focuses on efforts to compel the appearance of corporate executives to testify in litigation. While there are many practical advantages to virtual testimony, the authors maintain that mere convenience cannot replace legal standards of relevance and undue burden when pursing the testimony of executives. Authors Sean J. Coughlin (scoughlin@bressler.com) is a Principal in the Financial Institutions group at Bressler, Amery & Ross, P.C., where he represents institutions and individuals in regulatory investigations and defense litigation. Before joining the firm, he was an Executive Director in the legal department at Morgan Stanley, a Managing Director at Citigroup/Smith Barney, and a Senior Assistant District Attorney in the Kings County District Attorney’s office. Jacqueline R. Meyers (jmeyers@bressler.com) is an associate at Bressler, Amery & Ross, P.C., whose practice focuses on securities defense litigation, arbitration, and regulatory investigations. She has specialized experience in litigation concerning arbitrability and enforcement of arbitration awards. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com. [...]

The False Claims Act with Jack Siegal

July 28th, 2021|Categories: Complex Business Litigation, Corporate Compliance, ELP, HB Risk Notes, News|Tags: , , , , |

The False Claims Act with Jack Siegal Joining me to discuss this important civil statute is Jack Siegal of McGlinchey Stafford in Boston. Jack's practice focuses on financial services litigation, complex commercial disputes, government investigations and white-collar defense, securities litigation, regulatory proceedings, and compliance. 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. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Jack is , please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, and especially how I managed not to include Jack's answer to whether my dog could be sued for violating the FCA. "Nope. Not a person," he said, with zero hesitation. I want to thank Jack for immediately taking on the role as Shiloh's advocate, and for speaking with me about this important law.  --Tom Hagy Unscrupulous contractors have been ripping off the federal government for as long as there has been a federal government. President Lincoln, tired of being sold lame mules and rancid rations, signed the Federal Claims Act into law during The Civil War. In the last two decades the government, with the help [...]

How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella

July 8th, 2021|Categories: Complex Business Litigation, ELP, HB Risk Notes, HB Tort Notes, News, Technology Law|Tags: |

How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella Artificial intelligence has the capability to truly revolutionize how litigators work, and also how companies can avoid litigation in the first place.  It can not only do the work of hundreds of people in mere seconds but can be used to predict liabilities before they become liabilities, and outcomes when disputes arise.  Joining me to discuss the incredible present-day applications of AI in law and business, as well as the potential to do much more if humans will let it, is Arthur Crivella of Crivella Technologies Limited.  For decades Art has been a leader in developing and applying advanced software engineering, systems engineering and AI methodologies, and holds numerous foundation patents in the field.  Art has helped create nationally recognized engineering achievements in weaponry as well as in the metals, rubber and food industries. He was  principal design engineer in developing advanced weapons direction systems and wrap-around simulation systems for naval guided missiles. Crivella Tech supports  corporations in managing  risk and law firms in assessing liabilities. The company also supports law firms in  class action and mass tort litigation. 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 [...]

The Age of Social Disparagement with Charlie Kingdollar

July 7th, 2021|Categories: Complex Business Litigation, ELP, HB Risk Notes, Insurance, News|Tags: , , , |

The Age of Social Disparagement with Charlie Kingdollar It was my pleasure to interview Charlie Kingdollar for our first episode of the Emerging Litigation Podcast. Charlie spent more than four decades with General Reinsurance, three-quarters of which as the company’s Emerging Issues Officer. One colleague described him as “one of the most prescient and gifted industry futurists I have met in my 36 year professional career within the insurance industry. Entertaining and insightful, his ability to digest and communicate complex issues, many before they are readily apparent, is both a gift and a talent.” This interview is based on his article on social disparagement coming out in the inaugural issue of the Journal on Emerging Issues in Litigation in January 2021.  The Journal is a collaborative project between HB and Fastcase. If you have comments or wish to participate in one our projects, or want to tell me how awesome Charlie is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview. Are the risks posed by social media — which has added jet fuel to one person’s ability to smear another — adequately addressed by the insurance market?

Offshore Wind Power Initiatives with Jack Smith

July 7th, 2021|Categories: Complex Business Litigation, ELP, Environmental Torts, HB Risk Notes, News|Tags: , , , |

Offshore Wind Power Initiatives with Jack Smith Joining me to discuss this important subject is Jack Smith, a partner with Nelson Mullins in Charleston, South Carolina. Jack's practice includes hazardous waste site management and remediation, contaminated property liability negotiation, litigation, redevelopment and related regulatory counseling. He has also worked for several state and federal government environmental agencies. Jack earned his JD from the University of South Carolina School of Law and a BS in Psychology, also from the University of South Carolina. 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. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Jack is, please drop me a note at Editor@LitigationConferences.com. This interview is based in part on an article Jack is writing for the Journal. I hope you enjoy the interview, and especially my solution for preventing birds from flying into windmills. I'm going to be rich. --Tom Hagy President Biden  has called for the doubling of offshore wind energy capacity by 2030. To say the process for getting such projects up and running is complex is an understatement. There will be plenty of obstacles to the administration's lofty [...]

Labor Law in 2021 with Kathryn Hatfield

July 6th, 2021|Categories: Complex Business Litigation, Corporate Compliance, ELP, Employment, HB Risk Notes, News|Tags: , , , |

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 rungs of the pay scale. Joining me to speak about these issues is Kathryn Van Deusen Hatfield, a senior managing partner at Hatfield Schwartz Law Group in New Jersey.  Kathy represents private and public sector employers in all aspects of labor and employment law, with expertise in litigating state and federal cases on behalf of employers involving Title VII, the ADA, the ADEA and the New Jersey Law Against Discrimination, and providing legal opinions and advice on personnel, employment and labor issues.  Kathy shares her insights on recent developments in the labor movement, some of the causes of its decline, how unions get a bad rap, and how, even though she represents management, she believes unions can be a good thing [...]

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