Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability

September 1st, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Social media platforms are under mounting legal pressure as courts scrutinize how algorithms amplify dangerous viral trends. In Nazario v. ByteDance Ltd., a New York judge allowed a wrongful death lawsuit against Meta and TikTok to move forward after a teen died attempting a “subway surfing” stunt allegedly promoted by their platforms. In this article, Tom Hagy examines how the decision challenges long-standing Section 230 protections and signals a shift toward treating social media as potentially defective products when design and targeting harm young users. This case—and others involving viral challenges and youth safety—may redefine platform liability for years to come.

Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility

August 8th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The world’s leaders still don’t agree on what, if anything, to do about climate change – despite mounting evidence that, as a planet, we are in the soup. A major ruling from the International Court of Justice says states have an obligation to save the planet, as the U.S. president is enthusiastically sprinting the other way, inspiring cheers from his base and jeers from scientists. As for domestic litigation designed to pin liability on the fossil fuel industry, a case in South Carolina faltered as another in Hawaii is clearing hurdles. Read the update from Tom Hagy.

DEI Programs as a Source of Liability for Law Firms and Other Businesses

August 6th, 2025|Categories: Complex Business Litigation, Emerging Litigation & Risk, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Two recent cases against international law firms point to an emerging trend in litigation that could have wide-spread implications for diversity, equity, and inclusion (DEI) programs. The author, William "Billy" Jones examines these recent cases filed against the law firms for their DEI fellowships and the potential impacts for law firms and other private businesses.

Judge finds flaws in motion for an injunction against Trump’s wind turbine order

July 29th, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

While Trump’s freeze on offshore wind permits faces legal challenge, a federal judge isn’t convinced the states bringing the case have shown enough harm. In this article, guest contributor Justin Ward explains why the motion for an injunction was denied, what it means for the broader battle over renewable energy, and how executive power could stall green infrastructure without ever breaking the law.

Class action alleges Ziploc misled consumers about harmful microplastics in its products

June 4th, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Amid rising concerns about toxic chemicals in consumer products, Apple finds itself under scrutiny. Guest contributor Justin Ward examines the controversy surrounding Apple’s smartwatch bands after researchers detected elevated levels of PFAS, or “forever chemicals.” While Apple insists its products are safe, a class action lawsuit alleges deceptive marketing and health risks, raising broader questions about accountability and chemical transparency in tech and apparel.

2025 California Wildfires Prompt Wave of Suits

March 11th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Bret Thurman provides an in-depth look at the surge of legal actions stemming from the catastrophic 2025 California wildfires, which caused widespread destruction across Southern California. He explores the numerous lawsuits filed against major utility companies like Southern California Edison (SCE) and the Los Angeles Department of Water and Power (LADWP), as well as actions against landlords accused of price gouging in the wake of the disaster. Key legal theories include negligence, inverse condemnation, and public nuisance, with plaintiffs arguing that mismanagement, delayed responses, and regulatory failures significantly contributed to the scale of the devastation. These cases could set important legal precedents for disaster liability and corporate accountability in California and beyond.

When Litigation Financing Goes Wrong, Who Pays?

February 27th, 2025|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The bankruptcy of Houston's AkinMears LLP highlights the risks of relying too heavily on third-party litigation financing and the broader implications for transparency, regulation, and financial sustainability in mass torts. The firm filed for Chapter 7 bankruptcy citing more than $200 million in debt owed to litigation funding companies Virage SPV 1 and Rocade Capital. According to Bloomberg Law’s U.S. Bankruptcy Tracker, AkinMears LLP was the only U.S. law firm filing for bankruptcy in January 2025 with $50 million or more in liabilities. In total, 12 large law firms declared bankruptcy in January 2025, up from seven in January 2024 but slightly below the 17 cases recorded in January 2023. Read our report by guest contributor Jennifer Holmes.

Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?

February 25th, 2025|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Diana Gliedman, Dennis Nolan, and Fiona Hogan examine the impact of Mexico’s recent presidential decree banning certain foreign textile imports through the IMMEX program and increasing tariffs on textile products. The ban has disrupted operations for textile companies and third-party logistics providers, leading to unexpected costs, rerouting challenges, and supply chain delays. The authors outline how businesses may find relief through insurance policies such as Supply Chain Insurance, Business Interruption, Contingent Business Interruption, and Marine Cargo/Stock Throughput Insurance. They emphasize the need for swift action to review coverage, notify insurers, and document losses to maximize potential claims.

Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts

February 21st, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

With federal PFAS regulations in limbo, lawsuits targeting “forever chemicals” are expanding—what does this mean for businesses and consumers? Justin Ward examines the uncertain future of PFAS (“forever chemicals”) regulation and litigation after former President Trump rolled back a draft rule expanding Biden-era guidelines. The rising PFAS lawsuits are increasingly targeting consumer product manufacturers alongside chemical companies. Despite concerns over deregulation, several states have enacted their own strict PFAS rules, ensuring continued legal challenges and regulatory pressure. Read our report by guest contributor Justin Ward.

California’s climate disclosure laws withstand initial US Chamber of Commerce challenge

February 20th, 2025|Categories: Corporate Compliance, Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

California’s groundbreaking climate disclosure laws just overcame a major legal challenge—what does this mean for businesses and the future of corporate transparency? Writer Justin Ward will fill you in.

Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill

January 21st, 2025|Categories: ELP, Emerging Litigation & Risk, Environmental Torts, Insurance|Tags: , , , , |

The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. In this episode, three seasoned attorneys discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. They also talk about a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact. Check out our interview with Anderson Kill attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold. They know this area of the law inside and out.

Humans at Work with Leah Stiegler

November 13th, 2024|Categories: Corporate Compliance, ELP, Emerging Litigation & Risk, Employment|Tags: , , , , , , |

In this episode, Leah M. Stiegler, principal attorney at Woods Rogers, shares practical solutions for a variety of challenges, like love at work, pregnancy at work, discord at work, harassment at work, and working overtime. She talks about gender identity protections, implicit biases, and microaggressions, plus conducting administrative investigations, and ideas to mitigate risk, stay out of court, and maintain a positive work environment. Enjoy now!

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