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Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications

January 19th, 2024|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

Insurance companies are implementing new measures to try to avoid paying for liabilities attached to consumer and employee biometric privacy law violations. The authors, Cort Malone and Abigail Damsky explore the issues companies and policyholders should be examining to ensure adequate protection in the present and future. As the authors note, “as more states pass biometric privacy laws, it is critical not only to follow court decisions but also to understand how insurance companies are attempting to avoid liability for such claims.”

Expert Depositions and Trial Disclosures: What Every Litigator Needs to Know

January 17th, 2024|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Tort Notes, Journal, Law Firm Operations, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

Expert disclosures in litigation are vitally important for trial testimony and planning for trial. The author, Ethan Minkin examines issues surrounding expert depositions and trial disclosures, which he argues need to be appreciated to avoid unanticipated surprises at trial. As Ethan discusses, "the pretrial process requires an eye toward the future. Trial work is not limited to just knowing the applicable Rules of Evidence. The applicable Rules of Civil Procedure play an equally important, if not greater, role in helping to define what will happen at trial".

Copyright Issues in Generative AI for Software: Doe v. Github, Inc. et al.

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Intellectual Property, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

The ongoing case of Doe v. Github Inc. et al. addresses copyright-related issues inherent in the Copilot generative AI that allows users to enter prompts to generate software code. This case addresses many of the issues involved in the training and use of generative AI for generating software code. The author, Jeffrey Gluck examines these issues, which he anticipates will have far-reaching implications for AI-generated works in the future. As Jeffrey notes, "Github is a case that may have far-reaching implications for AI-generated works in the future".

The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

Quantum computing, like artificial intelligence, is one of several emerging technologies that could either save the planet or end the world, depending on which expert is holding forth on the issue. This article explores the promise and peril of quantum computing and the potential coverage implications under cyber insurance policies. As Cameron notes, "while cyber insurance may provide some coverage for hazards that result from quantum computing, those policies may not respond to many of the risks".

Video Game or Casino? An International Examination of Loot Boxes and Gambling Regulations

December 26th, 2023|Categories: Emerging Litigation & Risk, HB Tort Notes, Intellectual Property, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , |

The author, Darius Gambino of Saul Ewing LLP examines the legal and regulatory challenges surrounding loot boxes in video games, highlighting the risks of litigation, government scrutiny, and the need for industry self-regulation.

PFAS Regulation: EPA Ushers in Next Era of Mass Tort and Environmental Litigation

September 21st, 2023|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , |

PFAS claims are the next frontier of mass tort and environmental litigation. With the EPA poised to finally enact the first regulation of these chemicals, that frontier is ripe for exploration. This article explores PFAS and the origin of litigation around the substances as well as the state of PFAS litigation and regulation today. It concludes with some thoughts on what to expect when it comes to PFAS litigation going forward.

Spotting the Risk, Reaping Rewards: Avoiding Increased Antitrust Scrutiny

September 15th, 2023|Categories: Complex Business Litigation, Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Authors Katie has favorably represented antitrust clients in matters involving monopolization, conspiracy, price fixing, exclusive dealing, and other competition-related disputes, including trade secrets and non-compete actions. She has extensive knowledge of the regulatory hurdles and obligations her clients face. Katie earned her J.D. from the New York University School of Law, cum laude. Natalie West represents sophisticated clients in complex commercial disputes. She regularly serves as the lead brief writer in antitrust cases, employment and consumer class actions, and appellate matters. Natalie graduated with high honors from the University of Texas School of Law, where she served as a member of the Texas Law Review and was elected to the Order of the Coif. 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. Avoiding Antitrust Scrutiny Spotting the Risk, Reaping Rewards The increase in aggressive antitrust enforcement has certainly received significant attention. For the moment, juries are not rewarding the prosecutors. That said, even an unsuccessful government investigation is itself costly and can motivate plaintiffs’ lawyers. Best practices involve not only following the law but also maintaining solid optics to avoid the need for an expensive, if ultimately successful, defense. [...]

International Discovery Tool Kit Aims to Facilitate Discovery in Both Domestic and Foreign Litigation

September 15th, 2023|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

The Authors Benjamin Daniels advises financial institutions and global corporations about litigation and dispute resolution. As a member of the Business Litigation Group, Ben provides creative and ardent advocacy during litigation, enforcement actions, investigations, crisis management, and white-collar defense matters. Ben’s clients often face complex, cross-border disputes. He has deep experience with the interplay between domestic and international courts, including discovery disputes and Hague convention proceedings. He also represents clients in international arbitrations and mediations. Jenna Scoville is a member of the firm’s Business Litigation Group. She focuses her practice on all aspects of general business litigation and dispute resolution, as well as government enforcement matters, and appellate work. She helps companies respond to a variety of business disputes, including claims for breach of contract, unfair trade practices and fraud. Jenna also has extensive appellate experience. Prior to joining the firm, she clerked for the Honorable Peter W. Hall of the U.S. Court of Appeals for the Second Circuit. 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. International Discovery Tool Kit Aims to Facilitate Discovery in Both Domestic and Foreign Litigation "At a time when litigants have increasingly relied on U.S. federal courts [...]

How Companies Seeking to Leave China for Mexico Can Mitigate Their Legal Risks and Protect Against New Ones

June 21st, 2023|Categories: Corporate Compliance, Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The Author Dan Harris (dan@harrisbricken.com) is co-founder of Harris Bricken where he focuses his practice on international law and protecting businesses in their foreign operations. A leading authority on the subject, he is also editor of the highly regarded China Law Blog, and a valued member of the Editorial Board of Advisors for the Journal of 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. How Companies Seeking to Leave China for Mexico Can Mitigate Their Legal Risks and Protect Against New Ones "Chinese manufacturers commonly seek retaliation against foreign buyers that cease buying product from them. For this reason, it is critical that you line up your new suppliers (preferably in a country other than China) and have them ready to go before you even hint to anyone in China that you might cease or reduce production with an existing China supplier." Abstract: The author, one of the leading authorities on the legal issues related to international manufacturing, discusses the risks companies will face if they move their manufacturing out of China, what they should do to mitigate those risks, and what new risks they will face in [...]

Procedural Challenges to the IRS’s Compliance With the APA and Its Impact on Tax Litigation

June 16th, 2023|Categories: Corporate Compliance, Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The Author Jeffrey S. Luechtefeld (jeff.luechtefeld@chamberlainlaw.com) is a tax controversy and litigation attorney with Chamberlain, Hrdlicka, White, Williams, and Aughtry (Atlanta, Georgia) where he focuses his practice on resolving tax disputes with the Internal Revenue Service, administratively or through litigation. Jeff previously was a Special Trial Attorney for the IRS Office of Chief Counsel as well as a director in the tax controversy practice of a big four accounting firm. 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. Procedural Challenges to IRS Compliance With the APA and Its Impact on Tax Litigation Abstract: The Administrative Procedure Act (APA) places specific requirements on agencies of the federal government when engaged in a “rule making” that has the force and effect  of law. Recently, the APA has become a focal point in tax litigation, due in large part to the IRS’s history of refusing to comply with the process mandated by the APA. This article focuses on procedural challenges to the IRS’s compliance with the APA based on the IRS’s history of non-compliance with the APA’s notice-and-comment requirement. It highlights recent trends in tax litigation and considers the future of APA challenges in this area. [...]

Ohio Supreme Court Ruling Sends Important Reminder: Long-Standing, Fundamental Principles of Insurance Policy Construction and Law Are Applicable to Cyber Claims

June 16th, 2023|Categories: Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Authors Judy Selby (judy.selby@kennedyslaw.com) is a Partner at Kennedys (New York) where she focuses her practice primarily on insurance coverage matters with a concentration in coverage for exposures arising out of emerging technology, digital, and compliance risks. Tracey M.Kline (tracey.kline@kennedyslaw.com) is an Associate at Kennedys (Philadelphia) where she focuses her practice primarily on insurance coverage litigation and cyber matters. 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. Ohio Supreme Court Ruling Sends Important Reminder: Long-Standing, Fundamental Principles of Insurance Policy Construction and Law Are Applicable to Cyber Claims Abstract: On December 27, 2022, the Ohio Supreme Court unanimously ruled that a business owner’s property insurance policy issued by Owners Insurance Co. to EMOI Services, LLC did not afford coverage for losses sustained in a ransomware attack because computer software is “entirely intangible” and “cannot experience ‘direct physical loss or physical damage.’” EMOI Servs., LLC. v. Owners Ins. Co., 2022-Ohio-4649 (Ohio 2022). In doing so, the court reversed an attention-getting split decision by the lower appellate court. This article takes an in-depth look at the case and discusses its significant implications. The Ohio Supreme Court’s decision was based on its commonsense [...]

Unarmed or Unwell: How Federal Law Infringes Medical Marijuana Users’ Second Amendment Rights

June 14th, 2023|Categories: Emerging Litigation & Risk, Employment, Journal, New Featured Post for Home Page|Tags: , , , |

The Author Griffen Thorne (griffen@harrisbricken.com) is an attorney in the Los Angeles office of Harris Bricken Sliwoski LLP, an international emerging markets law firm. He represents clients in highly regulated emerging industries, such as cannabis, in corporate and commercial transactions. 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. Unarmed or Unwell: How Federal Law Infringes Medical Marijuana Users’ Second Amendment Rights As Justice Amy Coney Barrett noted while on the Seventh Circuit, “legislatures have the power to prohibit dangerous people from possessing guns. But that power extends only to people who are dangerous.” In the coming years, the government’s ability to write off all medical marijuana users as dangerous is likely to be curtailed, even if the Controlled Substances Act continues to make marijuana use a federal crime. Abstract: In the wake of the 2022 U.S. Supreme Court case New York State Rifle & Pistol Association, Inc. v. Bruen, federal courts have reached opposite outcomes on whether federal prohibitions on marijuana users’ rights to own or possess firearms are constitutional. As a result, there is a high likelihood of a circuit split that results in the overturning of those federal laws. The author [...]

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