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Class Certification After Olean v. Bumble Bee with Jonathan Rubin of MoginRubin LLP

July 19th, 2022|Categories: Emerging Issues Webinars, Emerging Litigation & Risk, Featured On-Demand, HB Emerging Law Notes, HB Risk Notes, HB Tort Notes, New Webinars|Tags: , , , , , , , , , |

Featured Speaker Jonathan focuses his practice exclusively on antitrust and competition law and policy. As a litigator, he has led trial teams in major antitrust cases in courts throughout the country. As a thought-leader in competition law, he has published in influential academic journals and has spoken to numerous professional groups, including the Directorate General for Competition of the European Commission, the Antitrust Section of the American Bar Association, the University of Wisconsin, and the American Antitrust Institute. Jonathan has also made several appearances before congressional committees. More About Rubin On Demand Registration Class Certification After Olean v. Bumble Bee Produced by Strafford Thursday, August 11, 2022 1:00pm-2:30pm EDT, 10:00am-11:30am PDT Regular price: $247 Register here and get 50% off Expert Testimony, Uninjured Class Members, and Article III Standing  This CLE course will discuss the ramifications arising from the [...]

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Analysis of Target Decision that Loss-of-Use Damages Included Card Replacement Costs Post-Data Breach | By Joshua Mooney, Judy Selby, and Tracey Kline | Kennedys Law

April 27th, 2022|Categories: Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , |

A Significant Deviation: Target v. Ace Finds Loss-of-Use Damages Included Post-Breach Card Replacement Analysis On March 22, 2022, the United States District Court for the District of Minnesota ruled that two ACE insurers were obligated to indemnify Target Corporation (“Target”) for the amounts it paid to settle claims related to replacement of payment cards impacted in a data breach, vacating an earlier decision in which the court found that Target was not entitled to coverage. Target Corp. v. ACE Am. Ins. Co., No. 19-CV-2916 (WMW/DTS), 2022 WL 848095 (D. Minn. Mar. 22, 2022), vacating 517 F. Supp. 3d 798 (D. Minn. 2021). The new decision deviates from how other courts have evaluated general liability coverage for damages because of “loss of use of tangible property that is not physically injured.” Insurers would do well to take notice. Background In 2013, Target was the victim of a [...]

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Can we rely on shareholders to compel corporations to meaningfully act on ESG issues? | By Rebecca Boon and John Rizio-Hamilton | Bernstein Litowitz Berger & Grossmann

February 22nd, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, New Featured Post for Home Page|Tags: , , , , , , , , , , , , |

The Authors Rebecca Boon has been litigating securities fraud and shareholder rights actions for over a decade, recovering more than $1.5 billion for the firm’s institutional investor clients. Her work at the firm expands beyond litigation. Rebecca has advanced equality in the workplace by co-founding the Beyond #MeToo working group and leading landmark recoveries that have resulted in hundreds of millions of dollars back to investors and important social change among industries. Contact: rebecca.Boon@blbglaw.com John Rizio-Hamilton is one of America’s top shareholder litigators. He works on the most complex and high-stakes securities class action cases, and has recovered billions of dollars on behalf of institutional investor clients. John led the trial team that recovered $240 million for investors in In re Signet Jewelers Limited Securities Litigation, a precedent-setting case that marks the first successful resolution of a securities fraud class action based on allegations of sexual [...]

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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 [...]

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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 [...]

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Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute

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

Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute Abstract This case discussed in this article is about two methods of editing DNA: one that has infinitely more lucrative applications because it can edit human DNA (plus all animals and plants), another that works in cell-free environments. Whether inventions are separate or part of the same innovation is an important factor in patent interference disputes; if there are two patentably distinct inventions there cannot be interference. One party in this case lost its argument that there was only one invention at issue, but returned with a second interference claim, arguing that it was the first inventor to constructively reduce to practice the animal and plant DNA editor. In this article, the author examines the nuances and intricacies of the patent process in the world [...]

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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 [...]

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Digital Payments in Class Administration

September 9th, 2021|Categories: HB Risk Notes|Tags: , , , , , , , , , , , , , |

Epiq presents DIGITAL PAYMENTS Best Practices for Efficiency in Class Actions Recorded: Sept. 23, 2020 75 minutes CLE credit: 1+ Registration includes recording, materials, and answers to your questions. TAKE IT NOW! Epiq presents a CLE-eligible webinar Digital Payments Best Practices for Efficiency in Class Actions Recorded Live | Sept. 23, 2020 produced by HB Litigation Conferences Modern life increasingly relies on digital solutions. Nothing has made that more apparent than the novel coronavirus pandemic. In terms of class action settlement payments, the impetus has never been greater to transition to the e-payment realm for security, convenience, cost-reduction, and improved fund disbursement. Class counsel and claims administrators have experimented for years with pre-paid debit cards, automated clearing house (ACH) deposits, and wire transfers, while others have tested judicial appetites for registered-user payment systems like PayPal and Venmo. However, digital payment [...]

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Virtual Hearings: Changing Perceptions of Executive Testimony?

August 12th, 2021|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, HB Tort Notes, Journal on Emerging Issues in Litigation|Tags: , , , , , , , , |

Virtual Hearings: Changing Perceptions of Executive Testimony? Abstract Given the newly acceptable ease of securing testimony via webcam—necessitated by the pandemic—this article focuses on efforts to compel the appearance of corporate executives to testify in litigation. While there are many practical advantages to virtual testimony, the authors maintain that mere convenience cannot replace legal standards of relevance and undue burden when pursing the testimony of executives. Authors Sean J. Coughlin (scoughlin@bressler.com) is a Principal in the Financial Institutions group at Bressler, Amery & Ross, P.C., where he represents institutions and individuals in regulatory investigations and defense litigation. Before joining the firm, he was an Executive Director in the legal department at Morgan Stanley, a Managing Director at Citigroup/Smith Barney, and a Senior Assistant District Attorney in the Kings County District Attorney’s office. Jacqueline R. Meyers (jmeyers@bressler.com) is an associate at Bressler, Amery & Ross, [...]

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Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano

August 3rd, 2021|Categories: Cyber Risk, Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , |

Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano Joining me to discuss this important issue is Ondrej Krehel, CEO & Founder of LIFARS, a New York-based incident response and digital forensics firm specializing in cybersecurity protection. Ondrej is recognized for his digital forensic expertise and ethical hacking skills. He participates in high-profile engagements around the world using his proprietary methodology to achieve the most rapid root-cause analysis and remediation. He is a former lecturer at FBI Training Academy who has led forensic investigations and cybersecurity involving the U.S. government, including military cyber special operations. He holds a Ph.D. in Computer Forensics from Police Academy in Bratislava, Slovakia, an M.S. degree in Mathematical Physics from Comenius University in Bratislava, and an Engineering Diploma from Technical University in Zvolen, Slovakia. Joining Ondrej and me is Gaspare J. Marturano, Chief Marketing Officer at LIFARS. [...]

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The False Claims Act with Jack Siegal

July 28th, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes|Tags: , , |

The False Claims Act with Jack Siegal Joining me to discuss this important civil statute is Jack Siegal of McGlinchey Stafford in Boston. Jack's practice focuses on financial services litigation, complex commercial disputes, government investigations and white-collar defense, securities litigation, regulatory proceedings, and compliance. 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 Jack is , please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, and especially how I managed not to include Jack's answer to whether my dog could be sued for violating the FCA. "Nope. Not a person," he said, with zero hesitation. I want to [...]

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