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

February 21st, 2025|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|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: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|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|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: ELP, Emerging Litigation & Risk|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!

When Chemical Crises Strike with Ed Gentle and Kip Benson

November 12th, 2024|Categories: ELP, Emerging Litigation & Risk|Tags: , , , , , , , , , , , , , |

Soon after emergency response teams scramble into action to address chemical fires, explosions, or other toxic events, attorneys begin gathering and analyzing information either to mitigate corporate risk or to seek remedies for anyone impacted by such an event. Listen to our interview with Edgar C. "Ed" Gentle III and Katherine "Kip" Benson of Gentle, Turner & Benson LLC, about legal activity that goes on in the immediate aftermath of a toxic event. Ed and Kip draw on their deep experience resolving this type of litigation to discuss the flurry of activity that unfolds at law firms and inside legal departments within hours of a disaster.

The EPA’s New PFAS Safe Drinking Water Rule with John Gardella

November 12th, 2024|Categories: ELP, Emerging Litigation & Risk|Tags: , , , , , , , , , , |

In this episode, we dive into one of the hottest topics in environmental law right now: PFAS. Specifically, our guest, John Gardella of CMBG3 Law talks about the EPA’s new PFAS Safe Drinking Water Final Rule, which mandates acceptable levels of PFAS in public water systems. John is a leading voice in PFAS litigation and a recognized thought leader, known for his expertise in environmental and toxic tort litigation. Tune in now!

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

September 25th, 2024|Categories: ELP, Emerging Litigation & Risk|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.

AI Survival Guide: Best Practices to Mitigate AI Litigation Risk

September 18th, 2024|Categories: Artifical Intelligence, CLE Webinar, 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.

Trademarks, Copyrights, Brands, T-Shirts, and Champagne with Tiffany Gehrke and Kelley Gordon

August 7th, 2024|Categories: ELP, Emerging Litigation & Risk|Tags: , , , , , , , , , , , , , , , |

In this episode, we discuss three matters relevant to anyone watching copyright and trademark law, or anyone fond of branded t-shirts and fancy French beverages, with guests Tiffany Gehrke and Kelley Gordon, both Partners at Marshall, Gerstein & Borun LLP. Listen and learn more! Tom even (somewhat) learned how to say something in French. Mon dieu, people!

Litigation After Biometric Privacy Law Violations

July 9th, 2024|Categories: Artifical Intelligence, CLE Webinar|Tags: , , , , , , , , , , , , , , |

In this CLE webinar, Anderson Kill attorneys, Cort Malone and John Leonard discuss the state of biometric privacy litigation, the regulatory landscape, and insurance coverage considerations and rulings.

AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller

April 25th, 2024|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , |

The authors, Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller analyze two novel AI lawsuits and highlight recent governmental guidance related to AI use in the employment context and the implications of possible discriminatory conduct stemming from the use of AI tools. "AI is here to stay," they write. "Whether companies choose AI technology for any 'employment decision,' companies must keep themselves up to date on any issued guidance and must actively monitor AI tools to prevent any possible discriminatory outputs."

Protecting Policyholders as AI Is Developed for Insurance Claims Handling by Marshall Gilinsky and Madison Marlow

April 23rd, 2024|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , |

The authors, Marshall Gilinsky and Madison Marlow discuss the integration of artificial intelligence (AI) within the insurance industry and outline the potential consequences of diminished human oversight in AI-driven insurance claims handling, highlighting the need for watchdogs and regulators to demand that AI tools under development afford “explainability” and protect policyholder rights.

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