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Podcast: Charlie Kingdollar on Social Disparagement

October 15th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|

HBLC · HBPC Charlie Kingdollar Social Disparagement - 10:8:20, 7.57 PM Charlie Kingdollar spent more than four decades with General Reinsurance, three-quarters of which as the company's Emerging Issues Officer. One colleague described him as "one of the most prescient and gifted industry futurists I have met in my 36 year professional career within the insurance industry. Entertaining and insightful, his ability to digest and communicate complex issues, many before they are readily apparent, is both a gift and a talent." Follow him on LinkedIn. Charlie Kingdollar on Social Media Disparagement Are the risks posed by social media -- which has added jet fuel to one person's ability to smear another -- adequately addressed by the insurance market? It was my pleasure to interview Charlie for our first emerging issues podcast. It's based on his article on social disparagement which will be featured in the inaugural issue of the Journal on Emerging Issues in Litigation (JEIL), which will release in January 2021. JEIL is a collaborative project between HB 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 awesome Charlie is, drop me a note at [...]

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Cryptocurrency Article and Webinar

September 23rd, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , , , , , , , |

Cryptocurrency: The Good, The Bad, and the Tricky According to a recent Visual Capitalist article, there are now more than 5,000 cryptocurrencies in circulation, fueling an exploding $200 billion industry. Clearly it is a boom time for virtual asset service providers, or VASPs, like cryptocurrency exchanges and wallet providers. Despite its notoriety, mystique still surrounds cryptocurrency, from its use of blockchain technology, to the benefits and weaknesses of trading decentralized money, to national security implications. With crypto’s rise comes global implications. Its use often makes its way into headlines about criminal activity, such as the recent arrest of a 19-year-old and his friends for their alleged roles in a highly publicized Twitter hack. Forensic tools are in a constant state of development. For example, blockchain analysis tools assisted investigators in quickly identifying the young Twitter hackers, according to a post on the CipherTrace blog. Two Sides of the Digital Coin. There are many upsides to cryptocurrency. Transactions are secure without bank oversight. They can be processed at any time, not just during business hours. It has purchase power anywhere. Finally, cryptocurrency may provide greater benefit to developing countries where the local currency may swing due to exchange rate instability. In such countries, and where many citizens may be unbanked, supplanting traditional coinage with cryptocurrency could stabilize finance and open its doors to many. With crypto’s rise comes global implications. Shortcomings [...]

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Climate Change Litigation Expands with Addition of Hoboken, NJ’s Suit Against Big Oil

September 14th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|Tags: , , |

Excerpt of Sept. 2, 2020 post at HobokenNJ.gov. Decades-long campaign of misinformation has directly contributed to effects of climate change in Hoboken, City seeks relief for costs associated with climate adaptation efforts. Hoboken Mayor Ravi S. Bhalla today announced that the City of Hoboken has filed a lawsuit in Hudson County against Exxon Mobil, other Big Oil companies, and the American Petroleum Institute for a decades-long campaign of misinformation related to climate change and its devastating impact on Hoboken. According to the lawsuit, Big Oil companies have caused substantial harm to the public in Hoboken and New Jersey by actively lying about the detrimental effects of their products when in fact their own research indicated otherwise, all in order to generate multibillion dollar profits by producing, marketing, and selling vast quantities of fossil fuels. Big Oil engaged in a continuous practice of misleading the public about climate change and their role in it, directly resulting in adverse impacts in Hoboken including rising sea levels that jeopardize the long-term health of the City. Photo by Patrick Hendry on Unsplash “As a coastal community, Hoboken has directly felt the impacts of climate change, including rising sea levels and more frequent storms,” said Mayor Bhalla. “At the same time we’ve invested hundreds of millions of dollars adapting to the realities of climate change, [...]

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European Union’s Top Court Strikes Down EU-US Privacy Shield

August 25th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , , |

European Union's Top Court Strikes Down EU-US Privacy Shield The Court of Justice for the European Union has invalidated the EU-US Privacy Shield as an approved mechanism for transferring personal data from the European Union to the United States. The Privacy Shield had been in place since October 2015, and enabled U.S. companies to more easily receive personal data from EU entities. The decision by the court “leaves many companies scrambling to implement alternative mechanisms to safeguard personal data transfers to the U.S.," says Sten-Erik Hoidal of Frederikson & Byron, P.A. With the invalidation of the privacy shield, companies are essentially left to decide on their own how data will be lawfully transferred. Attorneys from Perkins Coie recommend companies “consider amending any data processing addenda (DPAs) which companies have signed with vendors or customers to incorporate the EU Standard Contract Clauses.” Moving forward, U.S. and European companies will now attempt to create a new deal that complies with the privacy standards for transferring digital information. The first large company to weigh in on the decision, Microsoft tells customers that they “can continue to use Microsoft services in full compliance with European law” and that the ruling “does not change the data flows of our services to Consumers.”   Photo by Tabrez Syed on Unsplash Send Us Your News

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$3M Transferred in Fraud Scheme, Law Firm Gets Sued, Says It Followed Client Instructions

July 29th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , |

$3M Transferred in Fraud Scheme, Law Firm Sued, Says It Followed Client Instructions Two related foundations hired a big law firm to sell stock and execute a merger via wire transfer. Cyber fraudsters had other ideas. Posing as stock seller, and intercepting a verification email, the perpetrators grabbed $3.1 million. The foundations sued the firm in state court in Utah, claiming the firm should have red-flagged certain inconsistencies and known it was being duped. The firm should also have picked up the phone to verify the source of the fraudulent emails and documents. Not so fast, the firm maintains. The plaintiff was not a client and it was only acting on wiring instructions sent via the plaintiff's email system and provided the instructions to the paying agent. The money was sent to the account of an alleged furniture company in Hong Kong. Sorenson, et al. v.  Continental Stock Transfer, Tassel Parent, and Holland & Knight, 3rd. Jud. Dist. Ct., Salt Lake Co., Utah. Download

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Microsoft Sued Over Data Sharing in Class Action

July 26th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, HB Tort Notes|Tags: , , , , , , , |

Microsoft Sued Over Data Sharing in Class Action Consumers, including individuals and companies, filed a class action complaint  against Microsoft in U.S. District Court for the Northern District of California, claiming the company shared consumer data without consent to subcontractors and third parties, including Facebook, despite policies that stated otherwise.  The plaintiffs accused Microsoft of “misrepresenting its privacy and security practices, violating federal and state law, and illegally sharing and using its business-class Microsoft Office 365 and Microsoft Exchange customers’ data.”  Read more from Law Street Media: https://lawstreetmedia.com/tech/microsoft-sued-over-data-sharing-in-class-action/

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Cannabis, CBD: Advertising and Drug Test Problems

July 12th, 2020|Categories: Cyber Risk, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , |

COVID-19 vs Cannabis: Are Closures Legal? In the category of “damned if you do; damned if you don’t,” Massachusetts Governor Charlie Baker shut down recreational cannabis shops, citing concerns over the spread of COVID-19. The dispensaries say the shutdown could seriously damage the industry. But, the governor said, the spread of disease will continue to damage the health of his constituents, especially as residents of states where recreational marijuana is illegal, come to Massachusetts to do their cannabis shopping. Citizens of the state may still obtain medical cannabis, as reported by WBUR. Too Much TCH: Can CBD Use Cost You Your Job? A New York truck driver has sued a CBD company for allegedly making a product, which he says he uses for pain relief, with too much THC, more than the label indicates. A Pennsylvania woman filed a similar case and a Missouri school bus monitor had a similar experience. Another Missourian blames the store where he purchased his CBD, saying he was assured the product contained minimal THC. All claim they were told they could pass drug tests. All failed their test. And all lost their jobs, according to a post on the Huffs & Puffs website. "Courtesy of a dearth of strict standards of testing, many companies tend to list lower values of THC on the product label," [...]

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The Dark Net: Anonymity, Infrastructure, and the Future

July 10th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes, Tort Litigation|

Register Webinar Info Wednesday, Aug. 5, 2020 United States 8am PT | 10am CT | 11am ET United Kingdom 4pm BST Get CLE or CPE, a complete set of materials, and answers to your questions! Email us your: Speaker questions CLE questions Topics Covered Physical and Logical Topology and Method of Data Transmission Using the Dark Net for Threat Hunting Hacking Groups and Malicious Hackers   The Future of The Dark Net and Anonymity The Dark Net: Anonymity, Infrastructure, and the Future Is the Dark Web Getting Darker?  Wed., Aug. 5, 2020 | Produced for Access Data by HB Litigation Conferences The web, however singular it may seem from behind an everyday user’s computer or smartphone screen, comprises three distinctive parts: the public net (or web), the deep net, and the dark net. Though the dark net contains some innocuous content and is used for legitimate purposes, it also operates as a platform for illegal marketplaces. These offer almost anything a criminal or cybercriminal might want to buy or sell like malware, exploits, hackers-for-hire, information lifted from data breaches, censored content, and goods like drugs, guns, and other contraband. Observers report that the dark web is getting darker, meaning hardcore criminals make up a greater percentage of its user base. Exploits and [...]

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Contract Drafting Fundamentals

July 2nd, 2020|Categories: Emerging-On-Demand-CLE, HB Risk Notes|Tags: , , , , |

Register Now Contract Drafting Fundamentals: What I Wish They Taught Me in Law School Speaker: Will Marshall | Partner UBM Law LLP Date: Thursday | July 23, 2020 Time: 2pm ET 1pm CT 12pm MT 11am PT Duration: 75 minutes Price: Early Bird Registration: $75 After July 14: $95 Special: Complimentary with discount code! What you get: CLE credit Course materials Webinar recording Answers to your questions! Contact CLE Manager Get practical insights on contract drafting. For new and seasoned attorneys alike, this 75-minute program will cover core, practical aspects of contract drafting, including a broad range of fundamental concepts, skills, and tips.  The program is designed to make you a more deliberate drafter and improve your ability to assess the purpose and effectiveness of each provision in your contract.  We will discuss not only what is on the page, but external dynamics that affect drafting and negotiation. Finally, we will reserve time to answer your questions. I am offering this program for free to my network to help you develop these foundational skills. If you haven't received it, please contact me directly for the complimentary pass code.  -- Will Marshall,  Partner, UBM Law Group LLP Key topics:  The goals and challenges of good drafting. The anatomy and building blocks of a contract. Categories [...]

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Organizational Values & Coronavirus Business Risks | Join Our Webinar June 18

May 19th, 2020|Categories: HB Risk Notes|Tags: , , , , , , , , |

Webinar: June 18, 2020 2:00 pm ET 60 mins. CLE: 1+ Complimentary with registration. Get: +CLE +Materials +Recording +Answers! Also available to subscribers of the West LegalEdcenter. Register there! Email us your: Speaker questions CLE questions Speaker: Professor Edward L. Queen Ph.D. , J.D. Director Ethics and Servant Leadership: Emory Center for Ethics Emory University Organizational Values & Coronavirus Business Risks Properly Balancing Stakeholder Concerns Thursday, June 18, 2020 | 2pm ET | 1pm CT | 12pm MT | 11am PT  The pandemic brings with it complex liability concerns, stakeholder demands and legal duties.  We will take a closer look.  The current pandemic confronts businesses, nonprofit organizations, governments, and the legal profession with innumerable ethical challenges.  Management issues and liability concerns, stakeholder demands and legal duties become even more complex in an environment of uncertainty and one where the consequences could result in serious illness or even death.  This program seeks to engage the participants in thinking through these challenges and developing processes of ethical response to them.  Managers must acknowledge and address the framework of fear associated with the pandemic, ranging from fear of contagion and death to fears of unemployment, child care, and the duties of home-schooling.  Additionally, as the economy reopens there must be serious attention to the [...]

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The Intersection of Privacy and Antitrust Webinar Now Available On-Demand on the West LegalEdcenter

April 2nd, 2020|Categories: Featured On-Demand, HB Risk Notes|

Available as part of your subscription to The Thomson Reuters West LegalEdcenter®. Don't subscribe to the West LegalEdcenter? This webinar is still available directly from HB. Take it now! Questions for speakers Questions@LitigationConferences.com CLE questions CLE@LitigationConferences.com Check out the MoginRubin blog for more insights on antitrust and privacy law. What attorneys and companies need to know about the increasing interplay between these critical areas of the law.  Highly publicized cases and investigations in the U.S. and Europe of big technology, e-commerce, and social media companies demonstrate how anti-competition laws are being used to scrutinize and challenge not only how these corporations conduct themselves in the marketplace, but the very core of their colossal success: the mass collection and utilization of user data. Are the privacy and antitrust worlds beginning to cross over? Or do they simply run parallel while addressing entirely different types of conduct? Whatever the answer, data is the raw material that drives the likes of Google, Facebook, Apple and Amazon, so how it is handled is a critical question when counseling clients on mergers and acquisitions. Moderator Daniel J.  Mogin | Managing Partner, MoginRubin LLP Speakers Jennifer M. Oliver, CIPP/US | Partner, MoginRubin LLP Thomas N. Dahdouh | Director, Western Region, Federal Trade Commission Franklin M. Rubinstein | Partner, Wilson Sonsini Goodrich & Rosati Randi W. Singer, CIPP/US, CIPT [...]

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New Litigation Journal Coming January 2021

March 19th, 2020|Categories: HB Risk Notes, HB Tort Notes|

HB, Fastcase Partner to Publish Law Street Media’s Journal of Emerging Issues in  Litigation  FOR IMMEDIATE RELEASE March 19, 2020 Media Contact: Jennifer Brand Ransom | Fastcase Media Relations 202.731.2114 | jbransom@brandsolutionsgroup.com Washington, DC (March 13, 2020) – Legal publisher Fastcase and partner HB Litigation Conferences today announced a journal partnership to provide firms with expert insights into emerging litigation. The new Law Street Media's Journal of Emerging Litigation will be led by Managing Director and Founder of HB Litigation Conferences Tom Hagy, former Publisher and Managing Editor of LexisNexis Mealey’s Litigation Reports. “There are many new areas of litigation emerging from vaping to mandatory arbitration, privacy breaches to drones and autonomous vehicles and our Docket Alarm service is in such a unique position to track the filing data. We wanted to focus on new types of suits and the experts who are leading the charge, before litigation completely unfolds. To do so, we needed a strong journalist and leader who could make sense of these new types of lawsuits and pick the best of the best to cover. Tom Hagy was the first and best choice for us,” noted Steve Errick, COO of Fastcase. Publishing its first issue this summer, the focus of the journal in many ways will parallel Hagy's career-long focus on emerging areas of litigation, supported with the valuable filing data from Docket Alarm. “Emerging [...]

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