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EMERGING ISSUES IN LAW
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Under Pressure: How’s the Integrity of Your Supply Chain? — with Dan Mogin and Travis Miller

June 30th, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , , , , , , , , , , |

Our Guests Travis is an international trade and compliance attorney who specializes in ITAR/EAR/sanctions, global anti-corruption and anti-slavery, codes of conduct, environmental health and safety, product stewardship, and corporate social responsibility. Travis manages Assent’s worldwide legal activities, advises the Board of Directors on legal matters, and oversees corporate compliance, governance initiatives, and other commercial transactions. Before coming to Assent, he served in various high-level counsel positions with companies such as Microchip Technology, Foresite Group, and St. Jude Medical. Dan Mogin is co-founding and managing partner of MoginRubin LLP, a leading boutique law firm that focuses on antitrust law and other complex business disputes. A true thought leader in the field, Dan has served as lead counsel in numerous large antitrust cases, chaired the Antitrust Section of the California Bar, taught antitrust law, and was editor-in-chief of a leading competition law treatise. Under Pressure: How's the Integrity of Your Supply Chain? -- with Dan Mogin and Travis Miller Pressure builds when budgets are cut and fewer resources are available to maintain the necessary vigilance to remain compliant with often complex and changing regulations. Corporate risk can be caused by laxity, inattention, misconduct, unethical behavior, or even illegal activities by people and organizations in your supply chain. Often these things are what happen when people [...]

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The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” Finally Levels the Playing Field by Kathryn Hatfield

June 22nd, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , , , |

The Author Kathryn V. Hatfield (khatfield@hatfieldschwartzlaw.com) is a partner in the women-owned law firm of Hatfield Schwartz Law Group LLC where she focuses on advising and representing management in labor and employment law matters. Kathryn is a member of the Editorial Advisory Board 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. The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” Finally Levels the Playing Field "While arbitration offers privacy and confidentiality, it is for exactly these reasons that the #MeToo movement developed. Moreover, other than perhaps the differences in the speed of the two processes, the advantages of arbitration can be flipped on their head and become disadvantages." Abstract: The Equal Employment Opportunity Center alone receives on average approximately 7,000 sexual harassment claims a year, a figure that does not include claims filed with state and local agencies. The cost of resolving these claims logged by the EEOC averages $63 million a year based on the past four years. On average, there are nearly 464,000 victims (age 12 or older) of rape and sexual assault in the United States each [...]

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Alternative Financial Support for Plaintiffs During Litigation with Erin Waas

June 21st, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , , , , |

Our Guest Erin Waas is Executive Director of The Milestone Foundation, a national 501(c)(3) nonprofit that provides financial assistance to people pursuing a personal injury lawsuit. Erin brings nearly two decades of experience working in the public sector and with nonprofits in fundraising and communications, most recently at the University at Buffalo, where she served as senior advancement writer. Prior to relocating to Buffalo, Erin spent the bulk of her career to-date in Boston, where she worked in stewardship at Harvard University and as a consultant for nonprofits of all sizes. Alternative Financial Support for Plaintiffs During Litigation with Erin Waas For an individual, merely navigating litigation can be expensive, time consuming, and at times overwhelming. But when that individual is also unable to work, or cannot function normally  because they have been disabled by an injury, that explodes the level of stress on a person and their family. There are companies in the "non-recourse settlement advancement" space that will provide financial support to claimants in litigation. This helps them with their regular daily expenses – plus medical costs – until their case settles or until they receive an award. But most of these companies, as you can imagine, are for-profit entities. As such, their fees can make their support unaffordable and can leave [...]

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Antiracism and Antitrust with Eric Cramer

June 20th, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , , , , , |

Our Guest Eric Cramer is Chairman of the Firm and Co-Chair of the Firm’s antitrust department. He has a national practice in the field of complex litigation, primarily in the area of antitrust class actions. He is currently co-lead counsel in multiple significant antitrust class actions across the country in a variety of industries and is responsible for winning numerous significant settlements for his clients totaling well over $3 billion. Mr. Cramer is also a frequent speaker at antitrust and litigation related conferences and a leader of multiple non-profit advocacy groups. He was the only Plaintiffs’ lawyer selected to serve on the American Bar Association’s Antitrust Section Transition Report Task Force delivered to the incoming Obama Administration in 2012. Antiracism and Antitrust with Eric Cramer Among the legal and regulatory avenues one might follow to mitigate the impact of racism, most of us would look to various manifestations of discrimination law in  employment, lending, real estate, education, healthcare, voting rights, and other categories. When presented in those contexts, the anti-racism objectives are clear.  There are several federal laws and many state laws that prohibit anticompetitive behavior.  At the top of the heap is the Sherman Antirust Act of 1890, which outlaws illegal monopolies and anticompetitive tactics, conspiracies to restrain trade, cartels and syndicates.  But [...]

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Wildfire Claims and Coverage

June 14th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , |

The Authors Scott P. DeVries (sdevries@huntonak.com) is a special counsel in the Hunton Andrews Kurth LLP’s Insurance Coverage group in the firm’s San Francisco office where he exclusively represents policyholder clients. An experienced trial and appellate lawyer who has served as lead counsel in landmark appeals in the field of insurance coverage in the California Supreme Court, the Ninth Circuit, and the California Court of Appeal, as well as high-value jury trials, Scott routinely represents clients throughout the country seeking recovery from their insurers on a wide range of insurance issues arising under first-party property policies, comprehensive general liability policies, directors and officers policies, EPLI policies, crime policies, crypto and digital asset policies, and cyber policies. Yosef Itkin is an associate in Hunton Andrews Kurth LLP’s Insurance Coverage group in the firm’s Los Angeles office. His practice focuses on representing and advising corporate policyholders in complex insurance coverage 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. Wildfire Claims and Coverage "The wildfires are causing enormous losses for innumerable businesses on the West Coast. Often, you should be able to work with your adjuster to reach a satisfactory resolution. But where needed, you [...]

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Biometric Privacy Laws: Companies Will Need Insurance as Protection From New and Expanding Liability

June 14th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , |

The Authors * Cort T. Malone (cmalone@andersonkill.com) is a shareholder in the New York and Stamford offices of Anderson Kill and practices in the Insurance Recovery and the Corporate and Commercial Litigation Departments. He represents policyholders in insurance coverage litigation and dispute resolution, with an emphasis on commercia general liability insurance, directors and officers insurance, employment practices liability insurance, advertising injury insurance, and property insurance issues. Jade W. Sobh (jsobh@andersonkill.com) is an attorney in Anderson Kill’s New York office. Jade focuses his practice on insurance recovery, exclusively on behalf of policyholders, as well as regulatory and complex commercial litigation 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. Biometric Privacy Laws:   Companies Will Need Insurance as Protection From New and Expanding Liability "Businesses may look to various types of insurance policies for protection from the sudden and ever-increasing liability under present and soon to pass biometric data privacy laws, including commercial general liability insurance, employment practices liability insurance, cyber insurance, and directors & officers (D&O) insurance." Abstract: As more states follow Illinois in enacting biometric privacy laws, the risk that companies will be hit with lawsuits and extensive damages awards [...]

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Asymmetrical Combat: Bad Faith Liability in Insurance Recovery Cases

June 14th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , |

The Author William G. Passannante is co-chair of Anderson Kill’s Insurance Recovery Group and is a nationally recognized authority on policyholder insurance recovery in D&O, E&O, asbestos, environmental, property, food-borne illness, and other insurance disputes, with an emphasis on insurance recovery for corporate policyholders and educational and governmental institutions. 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. Asymmetrical Combat: Bad Faith Liability in Insurance Recovery Cases "Insurance policies are a unique product that requires the policyholder perform first—by paying insurance premiums—while the insurance company’s performance—the payment of the claim amount—is delayed until the insurance company determines to do so." Abstract: Policyholder counsel see claims that an insurer violated its duty of good faith and fair dealing is an essential tool in leveling the playing field in policyholder–insurer disputes, especially in high-stakes litigation. Insurance companies write the policies, employ lobbyists, exchange information with each other, and, of course, have more experience handling claims. So, the author writes, bad faith allegations bring more balance to the relationship and provide a disincentive to “the profitable breach of the insurance promise.” He discusses above-policy limits risks for insurers, as well as attorneys’ fees, interest on unpaid [...]

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Episode Three: Karla Gilbride Tells Her Story Behind the Unanimous Pro-Employee Win at the Supreme Court

June 14th, 2022|Categories: HB Emerging Law Notes, HB Tort Notes, Tort Litigation|Tags: , , , , , , |

DietaFit: Lose weight and stay fit - Page 6 | Diet, Fitness and Wellbeing | Page 6 dianabol pills gina fitness nude hentai clips Karla Gilbride Tells Her Story Behind the Unanimous Pro-Employee Win at the Supreme Court The Federal Arbitration Act is clear, Supreme Court Justice Elena Kagan wrote: “[C]ourts are not to create arbitration-specific procedural rules …. Or put conversely, it is a bar on using custom-made rules, to tilt the playing field in favor of (or against) arbitration.” With the support of all eight of her colleagues, Justice Kagan’s opinion in Morgan v. Sundance  put an end to the long-running tilt of justice toward employers in the form of  judge-made rules that favor arbitration. This important holding clears the way for more workers, consumers, and other individuals harmed by corporate misconduct to pursue their rights in open court. Karla Gilbride, Senior Attorney at Public Justice, argued the case to the high court on behalf of the plaintiff, Robyn Morgan, an hourly employee at a Taco Bell franchise owned by Sundance, Inc.  It was not only Gilbride’s first Supreme Court argument, but she was the first blind attorney to do so in the court’s history. Listen to Public Justice’s Ellen Noble — who assisted in the case — as she interviews Gilbride about her remarkable experience. This is a must [...]

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Taking the High Ground: Where Cannabis Insurance Litigation Is Trending (and Why)

May 23rd, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , , |

The Authors John B. McDonald is an experienced litigator practicing in the Seattle and New York offices of Harris Bricken, where he represents clients in complex commercial, insurance, and partnership matters. Jihee Ahn is an experienced complex commercial litigator with Harris Bricken. She also chairs the firm’s Dispute Resolution/Litigation practice. 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. Taking the High Ground:  Where Cannabis Insurance Litigation Is Trending (and Why) "Absent a choice of law provision, the location where most of the insured activity took place will likely dictate which law applies. But how have federal courts reacted to applying cannabis-friendly state law in a forum where federal law arguably addresses underlying state concerns? The answer is: inconsistently." Abstract: The use and possession of cannabis remains illegal under the federal Controlled Substances Act. But a patchwork of state laws is bringing the country closer to some form of legalization. Some states allow its use for medical purposes, others have made it legal for recreational purposes, and others have decriminalized it. But when cannabis is involved in disputes that lead to litigation, and that litigation leads to policyholder–insurer disputes, that state law [...]

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Cannabis Coverage Litigation with John McDonald and Jihee Ahn

May 23rd, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , |

Our Guests John B. McDonald is an experienced litigator practicing in the Seattle and New York offices of Harris Bricken, where he represents clients in complex commercial, insurance, and partnership matters. Prior to joining Harris Bricken, John spent two years in Seattle with the Office of Chief Counsel, U.S. Customs and Border Protection (a component agency of the Department of Homeland Security), and five years in New York City at O’Melveny & Myers LLP, where he managed several cases. John graduated from the University of Miami School of Law, where he was an editorial member of the University of Miami Law Review. He also served as a research assistant for Professor Charlton Copeland on civil procedure and constitutional issues. Jihee is an experienced complex commercial litigator and chair of Harris Bricken’s Dispute Resolution/Litigation practice. She primarily represents clients in business, intellectual property, and real estate matters for both domestic and international clients. Having worked extensively in both federal and state courts, Jihee advises her clients from case intake through arbitration and trial. Over the course of her career, she has successfully prepared and argued numerous procedural and substantive motions, regularly conducted and defended depositions, and mediated disputes when appropriate for her clients. Prior to joining Harris Bricken, Jihee worked at Baker & Hostetler in Los Angeles, where she served as [...]

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Takeaways from the SEC’s $100M Fine Against FinTech Lender BlockFi

May 18th, 2022|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , |

Our Guest Brad is a partner in the Greenville, South Carolina, office of Nelson Mullins Riley and Scarborough where he chairs the firm’s Financial Services Regulatory Practice, leading a team of attorneys in a national practice representing clients in financial regulatory and FinTech matters. He is a valued member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation, a companion to this podcast. Takeaways from the SEC's $100M Fine Against FinTech Lender BlockFi So, apparently this is true:  Running a lending operation without registering with the SEC makes them crabby. Spoiler Alert: On Valentine’s Day this year the SEC announced a $100 million fine against retail crypto lender BlockFi Lending. Nothing says "will you be mine?" like a nine-figure bill -- for  that special someone who has everything. The company agreed to put an end to some of its offers and sales, and to get to work bringing itself into compliance with, you know, the law, like the Securities Act of 1933 and the Investment Company Act of 1940. So, what does the SEC want companies to do?  What remedies does the SEC have for unregistered securities offerings?  What impact will this have on private litigation? Is there a risk that BlockFi Interest Account investors will have claims against BlockFi? [...]

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Workplace Investigations: Proactive Assessments Mitigate the Risk of Costly Litigation in a Newly Remote Environment

April 28th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , |

The Author Stefani C Schwartz is Senior Managing Partner at the Hatfield Schwartz Law Group LLC. She has devoted her career to representing and advising employers in the complete spectrum of employment law, including discrimination, harassment, retaliation, and wrongful termination. Stefani is a member of the Editorial Advisory Board of 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. Workplace Investigations:  Proactive Assessments Mitigate the Risk of Costly Litigation in a Newly Remote Environment "Investigations are a straightforward, efficient, and effective way to combat the risk of litigation because they reflect the best aspects of the employer–employee relationship: understanding, respect, communication, and shared goals." Abstract: “Bullying, discrimination, sexual harassment and other forms of workplace misconduct can create a crisis for any company—and trying to ignore or cover it up will make a bad situation worse.” That’s the warning from a December 2021 article for Forbes, which goes on to say that in addition the damage to an employer’s reputation, a study by workplace misconduct reporting service Vault Platform found that workplace misconduct cost U.S. businesses more than $20 billion in 2021. In this article, the [...]

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