Safeguarding Against Financial Exploitation

October 28th, 2022|Categories: Featured On-Demand, HB Emerging Law Notes, HB Risk Notes, Risk-On-Demand-CLE|Tags: , , , , , , , , , |

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 know the signs of vulnerability, red flags that their clients are being exploited, what laws apply, and rules lawyers must follow in these matters.   Questions our speakers answer: What is senior / vulnerable investor exploitation?   Who is protected by state and federal laws?   How prevalent is senior financial exploitation? What do the numbers tell us?  What is the pace of financial abuse SAR filings by securities firms?  What are the most popular scams?   What is diminished capacity?  What are the red flags indicating possible exploitation?  What are the laws, rules, and regulations governing law firms?  What are some best practices for law firms?  How can firms best protect their senior clients?   On Demand CLE Webinar [...]

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Epiq Class Action Settlement Efficiency

August 19th, 2022|Categories: Emerging-On-Demand-CLE, Featured On-Demand, Risk-On-Demand-CLE, Torts-On-Demand-CLE|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 to administer the settlement. Send out notices. Cut the checks. Get people paid. Boom! Sit back and relax. Get a claims administrator to take it from there. But wait … you find out that the terms of the agreement, the promises made, the budget established, and the deadlines calendared are not only inefficient, they are completely unworkable. Now the settlement is in jeopardy. The clients are frustrated. The court is frustrated. And you have a headache. That is a situation you, as a class action attorney, never want to find yourself in. The best way to avoid this quagmire is for attorneys to work with a professional and experienced claims administrator before you agree on settlement terms, someone who has been to this rodeo [...]

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Despite Relative Inactivity on the Virtual Front in Ukraine, Russia’s Global Cyber-Attacks are Coming

March 29th, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , |

Editor Tom is HB’s Founder and Managing Director. His career in litigation content spans four decades during which he was editor, managing editor, and finally publisher at Mealey’s Litigation Reports. After Mealey’s was acquired by LexisNexis Tom became a vice president involved in creating new content and services at the legal research and services giant. He has always overseen or directly created articles, blogs, conferences, webinars, data collections, and now podcasts — all on litigation. Tom founded HB in 2008, and four years later he founded Custom Legal Content, a boutique content creation shop serving boutique and specialized legal practices and litigation services. In addition to his work at HB and CLC, Tom is Editor in Chief of the Journal on Emerging Issues in Litigation, and host of the Emerging Litigation Podcast. For years he was a leader in an international specialized publishing association, frequently speaking and writing about publishing, and is now active in an open community of content and event producers called Renewd. Sometime during the last millennium Tom proudly graduated with a B.A. in Communications from Bethany College in West Virginia. 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. Despite Relative Inactivity on the [...]

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Tanks and Banks: What Fintechs Must Know About Sanctions on Russia

March 25th, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , |

The Guest A highly regarded attorney and much-sought-after speaker for his expertise on the laws and operations of the technology-driven global financial system. Also a member of the Editorial Board of Advisors for the Journal on 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. Tanks and Banks: What Fintechs Must Know About Sanctions on Russia Tom Hagy Interviews Brad Rustin of Nelson, Mullins, Riley & Scarborough Click below to get the complete article.

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Cybersecurity and Data Privacy Year in Review 2021

March 21st, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , , |

The Authors The authors are all attorneys with the Kennedys law firm (kennedyslaw.com). Joshua Mooney (joshua.mooney@kennedyslaw) and Judy Selby (judy.selby@kennedyslaw.com) are partners. Tracey Kline (tracey.kline@kennedyslaw.com) and Alexis Childs (alexis.childs@kennedyslaw.com) are associates. Bridget Mead, associate, and Javier Vijil, senior associate, also contributed to this article. Judy Selby is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation. Cybersecurity and Data Privacy 2021 in Review By Joshua Mooney, Judy Selby, Tracey Kline, and Alexis Childs Abstract: As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020—ransomware attacks continued to fill the headlines, and in the aggregate, constituted significant loss paid under cyber insurance policies. OFAC reminded victim companies and incident response firms (and cyber carriers) that it remains unlawful to pay ransom payments to designated organizations. Comprehensive federal legislation addressing cyber defenses and notification requirements never materialized. Yet in 2021, we saw new and significant developments. U.S. law continued its drift toward comprehensive privacy regulation with two new significant pieces of privacy legislation and California’s enforcement of the California Consumer Privacy Act. In the absence of federal legislation, federal agencies either [...]

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

January 13th, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, New Featured Post for Home Page|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 such a scan to a third party, respectively, or only upon the first scan and first transmission?” The case was brought by an employee of the White Castle hamburger chain, which requires fingerprint scans for employees to access computer systems. The plaintiff charged that sharing her fingerprints with a third party vendor violated the law. Cothron v. White Castle Sys., No. 20-3202, 2021 U.S. App. LEXIS 37593 (7th Cir. Dec. 20, 2021). An accrual rule based on each collection, opponents to such a finding argue, would pose potentially existential damages — especially in the class action context — since BIPA provides for statutory damages of $1,000 or $5,000 per violation. Parties disagree on whether BIPA damages are mandatory or discretionary, however. Should [...]

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The New Lloyd’s Market Association War, Cyber War and Cyber Operation Exclusions for Cyber Insurance Policies | By Vincent J. Vitkowsky | Gfeller Laurie LLP

January 7th, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, New Featured Post for Home Page|Tags: , , , , |

The Author Vince Vitkowsky is a partner in Gfeller Laurie LLP, resident in New York. He focuses on cyber risks, liabilities, insurance, and litigation. Vince assists insurers and reinsurers in product development, and in all aspects of coverage evaluation and dispute resolution in many lines of business, including cyber, CGL, property, and professional liability. He also assists in complex claim evaluations, and if necessary, the defense of insureds in complex matters. Vince is also a member of the Editorial Advisory Board for the Journal on Emerging Issues in Litigation. Contact: vvitkowsky@gllawgroup.com More from Vince and his colleagues. The New LMA War, Cyber War and Cyber Operation Exclusions for Cyber Insurance Policies By Vincent J. Vitkowsky On November 25, 2021, the Lloyd’s Market Association released four War, Cyber War and Cyber Operation Exclusions (“Exclusions”). The LMA Cyber Business Panel spent well over two years drafting the Exclusions, which are models for use in standalone cyber insurance policies.  Lloyd’s has agreed that they meet the requirement that all insurance and reinsurance policies written at Lloyd’s must, except in very limited circumstances, contain a clause which excludes all losses caused by war.  The Exclusions address some difficult issues troubling the cyber insurance market for several years, following cyberattacks by nation-states (“states”) and threat actors associated [...]

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Broken Privilege and IoT with Kathryn Rattigan

December 10th, 2021|Categories: Cyber Risk, Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , , , |

Broken Privilege and IoT with Kathryn Rattigan Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole. Kathryn provides clients guidance regarding privacy and data protection in connection with mobile devices, data storage technologies, mobile apps, and location-based services. She  assists with the development of website and mobile app privacy policies and  terms and conditions. Kathryn is a frequent contributor to the excellent Robinson Cole Data Privacy + Cybersecurity Insider blog.  She holds a J.D. from the Roger Williams University School of Law and a B.A. (magna cum laude) from Stonehill College. 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 Kathryn is, please drop me a note at Editor@LitigationConferences.com. Finally, yes, "skeevy" is a word. And the law is not settled as to whether Shiloh has privacy rights. Tom Hagy Host of the Emerging Litigation Podcast There are now billions and billions of interconnected [...]

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The Cyber Insurance Market Has Problems: A Conversation With Tom Johansmeyer

November 16th, 2021|Categories: Cyber Risk, Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , |

The Cyber Insurance Market Has Problems: A Conversation With Tom Johansmeyer The author of the piece is my guest on our latest episode. He is Tom Johansmeyer, ARM, is head of PCS, a Verisk business. PCS investigates and provide, independent loss estimates on catastrophes and large individual losses to the benefit of the global risk and capital supply chain. Tom has focused on the broad and rapid expansion of PCS, leading the team into Japan, New Zealand, and other APAC regions in 2019 – as well as Mexico. Tom is the architect of the PCS entry into global specialty lines, most recently adding large risk loss reporting to the group’s portfolio. Previously, Tom held insurance industry roles at Guy Carpenter (where he launched the first corporate blog in the reinsurance sector) and Deloitte. Personally, I like his LinkedIn description: "Aspiring cyclist and distance swimmer, former soldier. Leading the global charge at PCS. Haven't driven anything with a motor since 2007." Excellent. 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 our guests are, please drop [...]

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Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé

November 1st, 2021|Categories: Cyber Risk, Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , , , , |

Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé They are Crowell & Moring partner Jan-Diederik Lindemans and Judith Bussé, both part of the firm’s Technology & Intellectual Property Department in Brussels. And, working with Neotalogic, they developed an interactive app that takes you through a set of attorney-crafted questions that, depending on your answers, take you to other questions. The app applies a layer of artificial intelligence to enhance the information gathering process. Listen to what these innovators had to say about the Crowell & Moring IP Check-Up application, and take it for a test drive yourself.  Or, here is a quick video of someone using the app. 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 our guests are, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Host of the Emerging Litigation Podcast * Highly regarded insurance and reinsurance industry attorney Laura Foggan of Crowell & Moring's Washington, DC, office is on the Editorial Advisory Board. Thanks to Laura for connecting me with J.D. and Judith.  An organization’s intellectual property [...]

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To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? | By Pamela Hans | Anderson Kill

October 26th, 2021|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, Journal on Emerging Issues in Litigation|Tags: , , , , , , , , |

To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? Abstract Ransomware attacks are a rapidly growing threat against organizations. Paying ransom demands is a risky proposition and may even lead to sanctions against the targeted company. Either way, the damage to a company’s operation and integrity can be cripplingly severe. Should a company suffer losses from cyber extortion, its insurance company will be one of the resources it turns to for relief. But with cyber coverage increasingly out of reach for some, policyholders may find coverage in more traditional coverages. In this article, the author evaluates the potential for coverage under several policy types, and underscores the importance of understanding policy language, the relevant law, and the potential regulatory ramifications of meeting ransom demands. Author Pamela D. Hans (phans@andersonkill.com) is the managing shareholder of Anderson Kill’s Philadelphia office. Her practice concentrates on insurance coverage exclusively on behalf of policyholders. Pam is also a member of the firm’s COVID Task Group and Cyber Recovery Group. 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.

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Drone Law with Kathryn Rattigan

August 30th, 2021|Categories: Cyber Risk, Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes, Tort Litigation|Tags: , , , , , , |

Drone Law with Kathryn Rattigan Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole.  Kathryn advises clients on these matters with expertise in the relevant Federal Aviation Administration regulations. She and her colleagues also advise clients on employee and subcontractor contracts, insurance policies, privacy regulations, state and local laws, and best practices as recommended by the National Telecommunications and Information Administration.  She handles product defect, personal injury, and property damage litigation, too.  Kathryn is a frequent contributor to the excellent Robinson Cole Data Privacy + Cybersecurity Insider blog.  She holds a J.D. from the Roger Williams University School of Law and a B.A. (magna cum laude) from Stonehill College. 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 Kathryn is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the Journal. Just to clarify. Kathryn does own a drone, but not [...]

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