Complex Business Litigation Archives

Artificial Intelligence: DeepMind on Debugging Learned Predictive Models

May 9th, 2019|Categories: Complex Business Litigation, HB Risk Notes, Technology Law|Tags: Artificial Intelligence (AI), Cybersecurity, Data Analytics, Data Breach, Legal Tech|

DeepMind, an artificial intelligence research company, in a recent blog post discusses three ways to eliminate bugs in learned predictive models. The company was founded in London in 2010. Google acquired it in 2014. In addition to London they have research centers in Edmonton and Montreal, Canada, and a DeepMind Applied team in Mountain View, California. "Bugs and software have gone hand in hand since the beginning of computer programming," the post reads. "Over time, software developers have established a set of best practices for testing and debugging before deployment, but these practices are not suited for modern deep learning systems. Today, the prevailing practice in machine learning is to train a system on a training data set, and then test it on another set. While this reveals the average-case performance of models, it is also crucial to ensure robustness, or acceptably high performance even in the worst case. In this article, we describe three approaches for rigorously identifying and eliminating bugs in learned predictive models: adversarial testing, robust learning, and formal verification." Read the complete post here!

Top Five Things to Know if You’re Building Your Cannabis Empire Through M&A — CannaLawBlog

May 7th, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes|Tags: Cannabis, Compliance, Corporate & Securities, Mergers & Acquisitions, Risk Management|

Cannabis is associated with calm. Joining the industry is anything but. Hilary Bricken already has nearly a decade of experience in the field of cannabis law. She founded the Canna Law Blog in 2010, which now has several contributors from the Harris Bricken firm and is easily one of the best out there. Her latest post offers insights on companies who wish to build their cannabis business through mergers and acquisitions. In her May 6 post, titled "Top Five Things to Know if You're Building Your Cannabis Empire Through M&A," she writes: "It’s no secret that multiple state-by-state operators are building their cannabis empires through aggressive mergers and acquisitions. Last year, our cannabis business attorneys closed more than $100 million in cannabis company acquisitions, and that shows no signs of stopping in 2019. Cannabis M&A is not your run-of-the-mill business dealing though, and working from boilerplate, rote M&A documents is hugely dangerous. In addition, diligence is oftentimes like a regulatory spiderweb laden with liabilities that other businesses do not face. In addition, the barriers to entry in the cannabis industry are increasingly high, tedious, and protectionist, which can really torture business deals." Bricken writes that "if you find yourself turning into a larger multi-state operator though acquiring cannabis businesses," there are at least five things you should know. Read on for what she has to [...]

Spotify Tells EU Apple is Hampering Competitors as Apple Music Surpasses Spotify in U.S. — MoginRubin

April 30th, 2019|Categories: Complex Business Litigation, HB Risk Notes, Technology Law|Tags: Corporate & Securities, eCommerce, Information Technology Law, Regulations|

[one-half-first][/one-half-first] [one-half] "Apple Music recently surpassed Spotify in the U.S. market, according to the Wall Street Journal, signing up 28 million subscribers compared to Spotify’s 26 million. Spotify continues to have more total subscribers, however. "Spotify Founder and CEO Daniel Elk took to the company blog to make his case, saying, “Apple operates a platform that, for over a billion people around the world, is the gateway to the internet. Apple is both the owner of the iOS platform and the App Store—and a competitor to services like Spotify. In theory, this is fine. But in Apple’s case, they continue to give themselves an unfair advantage at every turn.” "In a recent statement, Apple says it revolutionized the distribution of music with iTunes, and did the same thing with the App Store, something that has created “many millions of jobs” and, it says, generated more than $120 billion for developers and new industries." Read the complete post on the MoginRubin Blog here! [/one-half]

Philadelphia Jury Hits J&J with $120M Award in Mesh Injury Case — Law360

April 25th, 2019|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: Medical Malpractice, Personal Injury, Product Liability, Settlements|

[one-half-first][/one-half-first] [one-half] "Jurors credited claims from Susan McFarland that the negligent design of a mesh implant she received in 2008 caused the product to saw through the soft tissue in her pelvis and become exposed in her vagina. She was eventually forced to undergo a second surgery to remove a portion of the implant. "The pain she’s been left with as a result of the complications, she says, has prevented her from having sex with her husband for the last 10 years. "This is the second time jurors have been asked to determine whether McFarland and her husband should be awarded damages for injuries she attributes to alleged defects in a so-called TVT-O implant she received to treat urinary stress incontinence." Read the complete article on Law360 here. [/one-half]

The Need for Real MDL Rules Will Only Grow More Acute — Drug and Device Law Blog

April 16th, 2019|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: Drugs & Devices, Emerging Litigation & Risk, Multi-District Litigation (MDL)|

By Bexis [one-half-first].[/one-half-first] [one-half]"In the ensuing procedural gamesmanship, plaintiffs are in the process of losing one of the main ways they gamed the system to keep diverse cases in state court – the so-called 'forum defendant rule' whereby even a diverse action could be kept in state court by the presence of defendant domiciled in the plaintiff’s chosen forum. The forum defendant rule applies only to parties 'properly joined and served,' and technologically-savvy defendants have discovered that, by monitoring electronic dockets, they can remove diverse cases faster than plaintiffs can serve forum defendants. We call this 'pre-service,' 'snap,' or 'wrinkle' removal, and we’ve chronicled (and advocated) its rise since 2007." Read the complete post by Bexis on Drug and Device Law Blog here. [/one-half] This is an excellent blog. One of my favorites. It's unapologetically defense-oriented, of course. A phrase like "gamed the system" is practically an invitation for rebuttal! So if you would like to respond, rebut, or rebuke, please write to us at Editor@LitigationConferences.com. --Tom Hagy, HB

Product Liability in the Internet of Things — Schiff Hardin Product Liability & Mass Torts Blog

April 14th, 2019|Categories: Complex Business Litigation, HB Risk Notes, Technology Law|Tags: Compliance, Emerging Litigation & Risk, Information Technology Law, Legal Tech, Product Liability|

[one-half-first] Photo by Markus Spiske on Unsplash [/one-half-first] [one-half]"Combining a physical object and an intangible technology also creates a novel issue when it comes to strict product liability principles, which typically hold that a product manufacturer may be strictly liable for a product’s defect. The first task in a strict product liability case is to identify the product. In the context of a device that has no internet connectivity, the answer is straightforward. If a ladder is defective and causes an injury, the ladder’s manufacturer may be held strictly liable because a ladder is the product. But when it comes to IoT devices, the line may be blurred. Almost always, the software part of the IoT device is 'manufactured' by a separate entity from the entity that manufactures the physical object. If the IoT device proves to be defective, the question becomes which entity may be held strictly liable." Read the complete post by Schiff Hardin's Gregory Dickinson & Jeffrey D. Skinner here. [/one-half]

A Generic Drug Failure to Warn Claim? –Michelle Hart Yeary

April 14th, 2019|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: Drugs & Devices, Emerging Litigation & Risk, Litigation & appeals, Product Liability|

[one-half-first][/one-half-first] [one-half] "Rather than focusing on what plaintiff’s off-label marketing claim really was – a claim that defendant’s label should have contained different information or warnings about off-label uses – an impliedly preempted claim, the court got distracted trying to fit the case in under Bausch and started talking about parallel violation claims. "The court found that because plaintiff was alleging a violation of federal regulations, his claims “run parallel to [defendant’s] state law duties,” and thus were not preempted. The problem with this is that Mensing is not an express preemption case. It was an implied preemption case, and the district court had no business applying 'parallel claim' analysis to implied preemption, where a 'parallel claim' exception does not exist. It makes no difference whether plaintiff’s off-label promotion claim is 'parallel' to federal regulations, defendant could not have offered any different warning so any claim that the warning or information it provided was inadequate is preempted under Mensing. The court was trying to fit a square peg into a round whole – and the only way that works is to cut off the corners." Read the complete post by Dechert's Michelle Hart Yeary here! [/one-half]

One Stock for the Coming Marijuana Boom, Says The Motley Fool

April 12th, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes|Tags: Banking & Finance, Cannabis, Compliance, Emerging Litigation & Risk, Fintech|

"This legal pot stock could be like buying Amazon for $3.19." "Cannabis legalization is sweeping over North America – 10 states plus Washington, D.C., have all legalized recreational marijuana over the last few years, and full legalization arrived in Canada in October 2018. Legal marijuana is worth an estimated $50 billion for the U.S. today. And since experts have projected the U.S. industry to skyrocket to $80 billion by 2030, it’s time for investors to start paying attention. Because whether or not you’re planning on ingesting any THC, you can’t deny the monumental investing opportunity that a potentially $80 billion industry represents." --Grace Phillips, in an article for The Motley Fool

Private Calif. Plaintiffs Seemingly Enforcing FDCA, Drug & Device Law Blog Says

April 12th, 2019|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: Emerging Litigation & Risk, Medical Malpractice, Personal Injury, Product Liability|

"Doctors treated two plaintiffs for severe psychological problems, ultimately employing defendant’s Thymatron System IV to perform electroconvulsive therapy. Plaintiffs claimed that, as a result, they suffered brain trauma, memory loss and other brain-related injuries. They filed product liability claims based, in the main, on the manufacturer’s alleged failure to report adverse events. The decision in Riera addressed summary judgment motions, ones filed by both the plaintiffs and the defendant. You don’t ordinarily see summary judgment motions by plaintiffs, and Riera is an example of why." Read the complete post by John J. Sullivan of Cozen O'Connor.

Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar
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Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar

Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar

April 1st, 2019|Categories: CLE OnDemand, Complex Business Litigation, HB Risk Notes, Law Firm Operations|Tags: Alternative Dispute Resolution (ADR), Arbitration, Law Practice Management, Litigation & appeals, Mediation, Negotiation skills, Settlements|

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 the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, ‘What’s the case worth?’ For mature torts there is 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 another and resolve factual discrepancies after closing arguments. This assumption is a ‘heuristic’ – a cognitive shortcut called attributional error or illusion of control.” Backed by his decades of psychological and economic sciences research, Trueman says there is a lot of room for [...]

Dan Mogin: Antitrust, Pro-Privacy Moves Led Outside U.S.

March 21st, 2019|Categories: Complex Business Litigation, HB Risk Notes, Technology Law|Tags: Antitrust, Compliance, Data Privacy, eCommerce, Social Media|

In a move that could redefine how 2.6 billion people use Facebook Messenger and Facebook’s acquired WhatsApp and Instagram apps, The New York Times reported on Jan. 25 that Facebook CEO Mark Zuckerberg plans to integrate the platforms. The announcement turned up the volume on antitrust and privacy warnings directed at the social media giant. “Facebook can be legitimately criticized for merging these apps after contrary assurances and perhaps for trying to dominate messaging,” MoginRubin Partner Dan Mogin said, “but perhaps more importantly, this is another example of the evolving convergence between antitrust and privacy that appears to be being driven by forces outside the US enforcement agencies. It’s a challenging issue for antitrust and may eventually lead to a sea change.” See the complete post on the MoginRubin Blog.

Two Judges Find Florida Medical Marijuana Law Unconstitutional

January 4th, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes, HB Tort Notes|Tags: Cannabis, Compliance, Corporate & Securities, Emerging Litigation & Risk, Regulations|

The Program is 'Absolutely Broken' -- Now What? Edited by Tom Hagy Florida Circuit Judge Karen Gievers just held that the Florida medical marijuana law is unconstitutional. Reporting on the judge's Trulieve decision for the Florida Politics news service, journalist Jim Rosica called it "a rebuke to lawmakers and the Rick Scott Administration" that was "stunning even for" Judge Gievers. "In the spirit of boxing legend Muhammad Ali, known for his pre-fight rhymes, Gievers opined that in Florida 'the medical marijuana system was broken. Now, in the Constitution, the people have spoken.'" Rosica reported that while Gov. Scott is appealing the major marijuana decisions against the state Department of Health, the transition team of Republican Governor-elect Ron DeSantis, including Lt. Gov.-elect Jeanette Nuñez, has suggested that he will not continue to defend the law in court. Rosica continued: "Gievers, who retires in April, said her decision striking down the law 'includ(ed), but (is) not limited to, replacement of the voter-selected registry plan with an arbitrary, inconsistent licensing scheme … throttling access of qualifying patients to … safe use of medical marijuana from (providers that) the Department has a clear, undisputed duty to register.' In fact, just passing the law was itself unconstitutional, Gievers suggested: 'Voters made clear in 2016 that the Legislature was to have no role in implementing access to and [...]