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

September 14th, 2020|Categories: Environmental Torts, HB Risk Notes, Mass Torts, News|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 [...]

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

August 25th, 2020|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Risk Notes, News, Technology Law|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

Organizational Values & Business Risks: Properly Balancing Stakeholder Concerns

August 6th, 2020|Categories: CLE OnDemand, Complex Business Litigation, Corporate Compliance, Employment, HB Risk Notes, Mass Torts, News|Tags: , , , |

Accommodations. Appropriate accommodation for high-risk employees or employees with family members who are at a heightened risk. Mitigation. Attention to means of mitigating transmission and infection. Tracing. Contact tracing and management of data collected, including health data, as well as responses to employees who refuse to report. Patient Sensitivity. Duty to avoid discrimination and stigmatization. Preparedness. Developing plans to address possibility of re-occurrence in the fall and managing possible outbreaks in company’s offices. On-demand on the Thomson Reuters West LegalEdcenter as part of the HB catalog. Organizational Values & Coronavirus Business Risks: Properly Balancing Stakeholder Concerns Produced for Emory University Center for Ethics by HB Litigation Conferences 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, childcare, and the duties of home-schooling.  Additionally, as the economy reopens there must be [...]

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

July 29th, 2020|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Risk Notes, Law Firm Operations, News|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

Microsoft Sued Over Data Sharing in Class Action

July 26th, 2020|Categories: Class Actions, Complex Business Litigation, Corporate Compliance, HB Risk Notes, HB Tort Notes, News, Technology Law|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/

Cannabis, CBD: Advertising and Drug Test Problems

July 12th, 2020|Categories: Class Actions, Complex Business Litigation, Environmental Torts, HB Risk Notes, News|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," [...]

The Dark Net: Anonymity, Infrastructure, and the Future

July 10th, 2020|Categories: Corporate Compliance, HB Risk Notes, Mass Torts, News, Technology Law|Tags: , , , , |

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 [...]

Contract Drafting Fundamentals

July 2nd, 2020|Categories: CLE OnDemand, Complex Business Litigation, Corporate Compliance, HB Risk Notes, Law Firm Operations, Technology Law|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 [...]

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

May 19th, 2020|Categories: Corporate Compliance, Employment, 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 [...]

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

April 2nd, 2020|Categories: Complex Business Litigation, Featured On-Demand, HB Risk Notes, Technology Law|Tags: , , , , |

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 [...]

The Intersection of Antitrust & Privacy | A MoginRubin Webinar | 10.31.2019

September 14th, 2019|Categories: CLE OnDemand, Complex Business Litigation, HB Risk Notes, Mass Torts, Technology Law|Tags: , , , , |

[two-fifths-first] Recorded: Oct. 31, 2019 Duration: 100 minutes Presented by:  MoginRubin LLP Produced by: HB Litigation Conferences The Panel 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 | Partner, Weil, Gotshal & Manges Contributor Dina Srinivasan | Independent Researcher & Author of The Antitrust Case Against Facebook Dina was unable to present but we thank her for her content contributions.  What you will get: At least 1 hour of CLE credit. Answers to your questions via email. The opportunity to share with others on your team. The complete Powerpoint. The Antitrust Case Against Facebook Dina Srinivasan's statement to the House Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law The Chicago Booth School Stigler Center Committee on Digital Platforms Final Report Write to us at CLE@LitigationConferences.com to: Ask about CLE Request the materials Send a question for the speakers [/two-fifths-first][three-fifths] Market Behavior and Data-Driven Market Power 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 [...]

Canna Law Blog Reviews Hemp-CBD Regulations State-by-State, Week-by-Week

July 22nd, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes, HB Tort Notes|Tags: , , , , |

“When it comes to hemp, few states have embraced it like Colorado,” writes Harris Bricken attorney Daniel Shortt. “If you buy a product containing hemp, in any state across the country, it likely came from Colorado.” The state has allocated more than 12,000 acres of outdoor space and 2.35 million square feet of indoor space to hemp cultivation, according to Marijuana Business Daily. Shortt and his colleagues are working their way through a state-by-state series on the Canna Law Blog™, titled Hemp-CBD Across State Lines. The Harris Bricken team has covered Alabama, Alaska, Arizona, Arkansas and California, and added Colorado to the list yesterday, July 21. The firm’s series covers state regulatory activity following the enactment of the federal Agriculture Improvement Act of 2018, aka “The Farm Bill,” which removed hemp and its derivatives from the definition of marijuana under the Controlled Substances Act. The bill gave the USDA regulatory authority over hemp cultivation at the federal level, but states may maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA, Shortt explains. Read the Canna Law Blog's Colorado post and follow this series, updated weekly. Related Webinar This Week The Harris Bricken law firm has been on the forefront of the law regarding cannabis and related products for years. Three Harris Bricken [...]

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