HB Risk Notes Archives

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

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

September 14th, 2019|Categories: Emerging-On-Demand-CLE, HB Risk Notes, Risk-On-Demand-CLE|Tags: Anticompetition, antitrust, antitrust investigation, big tech litigation, cartel, facebook investigation, monopoly|

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 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: HB Risk Notes, HB Tort Notes|

“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 attorneys, [...]

Setting the record straight on cyber insurance claim denials and the ‘war exclusion’

July 22nd, 2019|Categories: HB Risk Notes|Tags: ransomware, war risk|

Is insurance coverage for cyber claims barred by a war exclusion? Judy Selby and Peter McLaughlin asked this question in a recent post for IAPP. Two corporate giants, Mondelez International and Merck, made the headlines recently as they sustained serious damage as a result of a NotPetya infection, an encrypting ransomware. They have each filed declaratory judgments after their carriers denied their claims. Reports of these insurance disputes have led to concerns that cyber incidents involving state actors would not be covered by cyber policies with war exclusions. The Verizon 2019 Data Breach Investigations Report attributes 23% of breaches to nation-states or state-affiliated players. "These state-sponsored attacks typically range from theft or espionage to financial gain; however, some attacks appear to have been driven by grudge or by swatting a neighbor," Selby and McLaughlin write. "[P]erhaps we are viewing this through an old lens. Insurance has often been purchased to address hazards. Specifically, an organization obtains a policy to counter the slim risk of a fire, flood or other catastrophe. Fred Kaplan wrote an article for Slate in April in which he argues the inevitability of attacks – state-sponsored or otherwise – means that we should view cyber insurance more like we do health insurance: coverage against the inevitable, rather than against a hazard risk." Read on for what else Selby and [...]

PTSD in Multi-Plaintiff and Mass Tort Cases | Webinar OnDemand
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PTSD in Multi-Plaintiff and Mass Tort Cases | Webinar OnDemand

PTSD in Multi-Plaintiff and Mass Tort Cases | Webinar OnDemand

July 19th, 2019|Categories: HB Risk Notes|Tags: depression, employment law, litigation, mass tort, mass tort claims, mass tort litigation, psych test, psychological test, PTSD|

Price: $47 When: On-demand Where: Your computer or mobile device CLE: 1 hour Speakers Mark I. Levy MD, DLFAPA Medical Director Forensic Psychiatric Associates Medical Corporation Associate Clinical Professor, Psychiatry University of California, San Francisco, School of Medicine 415.388.8040 mlevy@fpamed.com Sarah A. Hall, PhD. Psychologist for Forensic & Neuropsychological Assessments Forensic Psychiatric Associates Medical Corporation shall@fpamed.com What tort attorneys need to know about PTSD claims. Mass tort claims arise most frequently in man-made and natural disaster catastrophe litigation as well as personal injury, employment, product liability and toxic tort litigation. Frequently, these lawsuits include either primary or secondary allegations of emotional distress. PTSD is one of the most common emotional distress claims alleged within mass tort litigation, as well as allegations of depression and emotional stress (anxiety). Join an experienced psychiatrist and psychologist who will cover the following topics relevant to the forensic psychiatric assessment of emotional damages within mass tort and complex litigation: + Introduction: Defining PTSD. What it is and what it is not. + The methodological approach to assessing allegations of emotional distress in mass tort & complex litigation. + The importance and the methodology of psychological testing as part of the assessment of emotional distress claims in mass tort litigation. + Claimant population screening. Using psychological test instruments to differentiate claimants who [...]

Cyber Captive Survey 2019 — AON

June 26th, 2019|Categories: HB Risk Notes|Tags: aon cyber survey, captive cyber, captive insurance, cyber insurance|

Aon’s Cyber Captive Survey 2019 says that the rapid growth in the captive market of cyber-specific policies underscores that cyber is one of the primary risks for organizations across the world driven by an increasingly complex operational, technological and regulatory environment. Key findings include: Healthcare and energy industries are leading the way, with 19% and 15% of organizations in these industries utilizing captives for cyber coverage respectively. 41% of captives surveyed are incubating cyber risk. The range in limits of cover taken out is up to USD$100 million. An estimated 34% of all captives will be writing cyber in five years’ time. Read the complete report here!

Nevada to try limited banking for cash-heavy pot industry — ElkoDaily.com

June 26th, 2019|Categories: HB Risk Notes|Tags: business compliance, cannabis, cannabis compliance, compliance, criminalized marijuana, legalization marijuana, marijauna, marijuana, recreational marijuana|

Most marijuana dispensaries are forced to handle massive amounts of cash. Business owners are paying their employees with envelopes full of dollar bills, and bringing duffle bags full of money to government buildings to pay their taxes. That could all change with the new Nevada state law that allows dispensaries to offer a cashless option. This program will be tested for three years before being considered as a permanent feature. State Treasurer Zach Conine likened the system to gift cards or digital apps such as Venmo and said the program would not include broader banking services like loans. Since marijuana is still not legal federally, states are on their own with coming up with a cashless option. Hawaii took similar steps and included a debit payment app, which has spread to other states as well. California lawmakers are also devising a cashless system by creating a class of banks specifically for the industry. This temporary law is set to take place by July 1, 2020 with the hopes of easing transactions and lessen cash handling for customers and businesses Read the complete post by Michelle L. Price on ElkoDaily.com here!

First Class Action Lawsuit Filed on Behalf of Victims of First American Title Company Data Breach — Yahoo!

June 26th, 2019|Categories: HB Risk Notes|Tags: class action, customer data, cyber, cyber crime, data security, gibbs law group, identity theft, information security, Lawsuit, negligence, personal data|

"Gibbs Law Group LLP has filed the first nationwide class action lawsuit accusing First American Title Company of failing to properly secure 885 million sensitive customer files, instead choosing to store them in a 'woefully insecure,'” publicly-accessible system. “First American has turned the American dream of home ownership into a financial security nightmare for its customers,” according to the complaint. Specifically, the lawsuit alleges that First American Title Company was negligent, and violated its contracts with customers, in the way it stored their personal information, which included bank account numbers, Social Security numbers, financial and tax records, and photos of their drivers’ licenses. "This grave lapse in security resulted in publicly exposing hundreds of millions of customers’ personal files, leaving them vulnerable to identify theft and other cybercrimes," the plaintiffs maintain. Read the complete Press Release on Yahoo! here

Wells Fargo Proposes to Settle Auto Insurance Case for $386M — Yahoo!

June 26th, 2019|Categories: HB Risk Notes|Tags: auto insurance, class action, insurance settlement, shares, wells fargo|

In 2017 customers of Wells Fargo & Company (WFC) filed a class action lawsuit alleging the bank forced unwanted auto insurance without permission from the customers. Currently WFC plans to pay around $386 million to settle the 2017 class action lawsuit. The high payout is due to the sheer number of customers affected. About 270,000 WFC customers were "pushed into delinquency " and "almost 25,000 wrongful vehicle repossessions." In addition to the class action settlement, WFC will be reaching out to individual customers offering financial service recovery, and restructuring their leadership teams. WFC is still seeing a decrease in sales and their numbers. In six months WFC shares "lost 4.5% against 6.5% growth recorded by the industry." Read the complete post on Yahoo! here.

The Future of Cyber Operations and the Government

June 7th, 2019|Categories: HB Risk Notes|Tags: cyber, cyber attack, cyber defense, cyber offense, Cyber operations, cyberspace, Emerging Threat Capabilities, House Armed Services Committee|

In the forthcoming National Defense Authorization Act the House Armed Services Committee -- specifically the Subcommittee on Intelligence and Emerging Threat Capabilities -- seeks to amend the annual legislation to ensure that Congress is informed when the executive branch executes offensive or defensive cyber operations. The bill defines offensive or defensive cyber operations as a “sensitive military operation.” The goal of this shared information is additional oversight, especially given the newness of cyber tactics. As reported by journalist Derek B. Johnson of FWC.com, two covert cyber operations have taken place since POTUS announced the new policy. The first was in October 2018, a cyber operation with a goal of informing Russian operatives not to meddle with the midterm election. The second took place the following November in which the U.S. Cyber Command blocked access to Russian Internet Research Agency post election. While these two operations have been called “mild” in some critiques, former White House Director of Cyber Infrastructure Protection under President George W. Bush, Jason Healey, believes this highly specialized tactic is ideal since it presents the least potential for collateral damage. While Healey warns against grand and overt attacks, he states that sometimes "conflict is straightforward and you just have to stop adversaries from punching you in the mouth.” Read the complete post by Derek B. Johnson on FCW.com here.

The New York Privacy Act Would Allow Direct Action

June 5th, 2019|Categories: HB Risk Notes|Tags: California Privacy Act, client data protection, Cyber Risk, cyber security, new bill, new york bill, new york privacy act, NY Privacy Act|

The New York Privacy Act, introduced last month by state Sen. Kevin Thomas, advocates for consumer agency over their personal data and would give New Yorkers the right to sue companies directly for privacy violations. Thomas wants companies to put customer data protection ahead of their budgetary and business goals. The bill summary reads: "Enacts the NY privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared; creates a special account to fund a new office of privacy and data protection." "Fiduciaries, like an attorney or a doctor, hold onto your information. They don't share it, unless there is a need for the purpose for which they collected it,” Thomas said. “That's not what's going on here with these data companies and these data brokers. They're sharing it, and we're getting targeted.” Pushback from the tech industry has been swift. John Olsen, Director of the Internet Association, said, “The NY Privacy Act, in its current form, is unworkable for businesses that want to comply and fails to provide New York residents meaningful control over how their data is collected, used, and protected." Facebook also chimed in saying they would have to shut down Facebook access [...]

CannaLawBlog — Legalizing Cannabis Cash

June 5th, 2019|Categories: HB Risk Notes|Tags: banking association, banking law, cannabis law, cannalaw, criminalized marijuana, Legalized Marijuana, medical marijuana, national community, recreational cannabis, recreational marijuana, senate banking|

On May 20, 2019 banking associations from all 50 states and 1 territory sent a letter to Senate Banking, Housing, and Urban Affairs Committee urging them to conduct hearings on the merits of providing cannabis-related business access to banking services. CannaLawBlog highlighted the primary concerns of the letter in a recent post: "Again, the primary concern expressed was that current law forces state-legal businesses to operate on a cash basis, which poses a safety risk, complicates enforcement efforts, and could damage local economies." The banking associations wanted to emphasize their neutrality on the legality of cannabis, rather they wanted to show strength as a national community and validate, support, and respect those communities that have voted for legalized recreational marijuana. Read the complete post by HarrisBricken attorney Jihee Ahn on The CannaLawBlog.

Dr. Babyl: Artificial Intelligence Could Save Lives, Time and Money — TheDailyBeast.com

May 27th, 2019|Categories: HB Risk Notes|Tags: ai, AI Medicine, artificial intelligence, babyl, clinical trial, clinical trials, Doctor, future health care, global health, health care, international health, Medicine, UK|

Itchy throat? Headache? Upset stomach? There's an app for that. There is a new AI healthcare system called Babylon UK’s National Health Service which features an AI-driven app that is reportedly able to separate “run-of-the-mill” illnesses from more life-threatening ones, while saving time, money, and anxiety for patients and doctors alike. Babylon offers more than diagnostic assistance; it is accessible to people in remote areas. "For example, Babyl, the Rwandan version of Babylon, offers remote appointments with clinicians, fills prescriptions, orders lab tests, and issues referrals.” Babyl enables affordable, personalized healthcare, combined with “the brains of thousands of doctors at once” to reach patients who cannot get to a doctor’s officer. In addition to assisting doctors with everyday check-ups and treating the common cold, the AI’s abilities extend to clinical trials. “In 2018 the Mayo Clinic partnered with IBM’s Watson to match patients with breast cancer to accessible clinical trials covered by their health plans. The matching program increased the enrollment of breast cancer sufferers in Mayo Clinic’s own clinical trials by 80%." Questions are being raised, however, about how to mitigate risks posed by hacking or by nefarious manipulation of the system. Read about this and more in the complete post by Joelle Renstrom on TheDailyBeast.com.