HB Tort Notes Archives

Federal Courts Issue Contrasting Rulings on AI Training and Copyrighted Books Fair Use
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Federal Courts Issue Contrasting Rulings on AI Training and Copyrighted Books Fair Use

Federal Courts Issue Contrasting Rulings on AI Training and Copyrighted Books Fair Use

September 9th, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: Artificial Intelligence (AI), copyright, technology|

Federal courts in California just issued conflicting rulings on whether training AI models with copyrighted books qualifies as fair use. In Bartz v. Anthropic, the court protected training on lawfully purchased works but rejected the use of pirated copies. In contrast, Kadrey v. Meta allowed AI training on pirated books, calling it “highly transformative.” Tom Hagy explains that with more than 50 similar lawsuits pending, these decisions underscore the legal uncertainty facing tech companies, publishers, and creators—and could reshape the future of AI development and copyright law.

Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability
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Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability

Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability

September 1st, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: Liability Claims, Product Liability, social media, Wrongful death|

Social media platforms are under mounting legal pressure as courts scrutinize how algorithms amplify dangerous viral trends. In Nazario v. ByteDance Ltd., a New York judge allowed a wrongful death lawsuit against Meta and TikTok to move forward after a teen died attempting a “subway surfing” stunt allegedly promoted by their platforms. In this article, Tom Hagy examines how the decision challenges long-standing Section 230 protections and signals a shift toward treating social media as potentially defective products when design and targeting harm young users. This case—and others involving viral challenges and youth safety—may redefine platform liability for years to come.

Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility
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Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility

Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility

August 8th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: climate change, emerging litigation, environmental law, International Law, mass torts|

The world’s leaders still don’t agree on what, if anything, to do about climate change – despite mounting evidence that, as a planet, we are in the soup. A major ruling from the International Court of Justice says states have an obligation to save the planet, as the U.S. president is enthusiastically sprinting the other way, inspiring cheers from his base and jeers from scientists. As for domestic litigation designed to pin liability on the fossil fuel industry, a case in South Carolina faltered as another in Hawaii is clearing hurdles. Read the update from Tom Hagy.

DEI Programs as a Source of Liability for Law Firms and Other Businesses
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DEI Programs as a Source of Liability for Law Firms and Other Businesses

DEI Programs as a Source of Liability for Law Firms and Other Businesses

August 6th, 2025|Categories: Complex Business Litigation, Emerging Litigation & Risk, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: Diversity, Equity, and Inclusion (DEI), employment law, Ethics & Professional Responsibility, Litigation & appeals, Risk Management|

Two recent cases against international law firms point to an emerging trend in litigation that could have wide-spread implications for diversity, equity, and inclusion (DEI) programs. The author, William "Billy" Jones examines these recent cases filed against the law firms for their DEI fellowships and the potential impacts for law firms and other private businesses.

Judge finds flaws in motion for an injunction against Trump’s wind turbine order
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Judge finds flaws in motion for an injunction against Trump’s wind turbine order

Judge finds flaws in motion for an injunction against Trump’s wind turbine order

July 29th, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: emerging litigation, Energy & Natural Resources, environmental law, Litigation & appeals, regulations|

While Trump’s freeze on offshore wind permits faces legal challenge, a federal judge isn’t convinced the states bringing the case have shown enough harm. In this article, guest contributor Justin Ward explains why the motion for an injunction was denied, what it means for the broader battle over renewable energy, and how executive power could stall green infrastructure without ever breaking the law.

Class action alleges Ziploc misled consumers about harmful microplastics in its products
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Class action alleges Ziploc misled consumers about harmful microplastics in its products

Class action alleges Ziploc misled consumers about harmful microplastics in its products

June 4th, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: class actions, Consumer Protection, emerging litigation, Product Liability, toxic torts|

Amid rising concerns about toxic chemicals in consumer products, Apple finds itself under scrutiny. Guest contributor Justin Ward examines the controversy surrounding Apple’s smartwatch bands after researchers detected elevated levels of PFAS, or “forever chemicals.” While Apple insists its products are safe, a class action lawsuit alleges deceptive marketing and health risks, raising broader questions about accountability and chemical transparency in tech and apparel.

Facing PFAS lawsuit, Apple claims watch bands are safe, but what does the evidence say?
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Facing PFAS lawsuit, Apple claims watch bands are safe, but what does the evidence say?

Facing PFAS lawsuit, Apple claims watch bands are safe, but what does the evidence say?

April 10th, 2025|Categories: Class Actions, Environmental Torts, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: environmental law, False Claims Act (FCA), mass torts, Per- and Polyfluoroalkyl Substances (PFAS), Product Liability|

Amid rising concerns about toxic chemicals in consumer products, Apple finds itself under scrutiny. Guest contributor Justin Ward examines the controversy surrounding Apple’s smartwatch bands after researchers detected elevated levels of PFAS, or “forever chemicals.” While Apple insists its products are safe, a class action lawsuit alleges deceptive marketing and health risks, raising broader questions about accountability and chemical transparency in tech and apparel.

AI tool that summarizes evidence from cracked phones wades into uncharted constitutional waters
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AI tool that summarizes evidence from cracked phones wades into uncharted constitutional waters

AI tool that summarizes evidence from cracked phones wades into uncharted constitutional waters

April 10th, 2025|Categories: Corporate Compliance, HB Tort Notes, Journal, New Featured Post for Home Page, News, Technology Law|Tags: Artificial Intelligence (AI), constitutional law, Criminal Law & Procedure, data privacy, Privacy|

As law enforcement agencies adopt cutting-edge AI to process digital evidence, constitutional questions are quickly coming into focus. Guest contributor Justin Ward explores how Cellebrite’s new AI-driven tool—capable of scanning and summarizing entire phone contents—may clash with Fourth Amendment protections. While the tech promises efficiency, civil rights advocates argue it opens the door to warrantless digital dragnets, with court interpretations varying widely across jurisdictions.

Valid Antitrust Concerns or Partisan Objectives: Which Will Guide Trump’s FTC?
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Valid Antitrust Concerns or Partisan Objectives: Which Will Guide Trump’s FTC?

Valid Antitrust Concerns or Partisan Objectives: Which Will Guide Trump’s FTC?

April 9th, 2025|Categories: Class Actions, Corporate Compliance, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: antitrust, Corporate & Securities, emerging litigation, regulations|

Concerned that the spirit of retribution that drove executive orders against some of the nation's largest law firms will carry over to business deals, Tom Hagy writes about recent changes at the Federal Trade Commission and some of the comments from the new chair that suggest infusion of retribution into the process of examining business deals is inevitable.

AI tools may be the cause of the explosion in nuclear verdicts — and also the solution
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AI tools may be the cause of the explosion in nuclear verdicts — and also the solution

AI tools may be the cause of the explosion in nuclear verdicts — and also the solution

April 6th, 2025|Categories: Complex Business Litigation, HB Tort Notes, Journal, New Featured Post for Home Page, News, Technology Law|Tags: Artificial Intelligence (AI), insurance claims recovery, Legal Tech, Litigation & appeals, Risk Management|

Guest contributor Justin Ward discusses how artificial intelligence is both fueling and fighting the rise of “nuclear verdicts.” Plaintiff attorneys are using AI to identify high-damages cases, favorable jurisdictions, and winning arguments—driving a spike in verdicts over $10 million. At the same time, defense lawyers and insurers are adopting tools like NaVeL to spot high-risk cases early and craft smarter strategies. As AI reshapes legal practice, the very technology accelerating massive awards may also be the best hope for containing them.

Supreme Court to Reconsider Separate Sovereignties
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Supreme Court to Reconsider Separate Sovereignties

Supreme Court to Reconsider Separate Sovereignties

April 6th, 2025|Categories: Complex Business Litigation, HB Tort Notes, Journal, Law Firm Operations, New Featured Post for Home Page, News|Tags: appeals, Attorney Misconduct, Criminal Law & Procedure, Evidence, Litigation & appeals|

The Supreme Court’s decision to review Barrett v. United States signals a potential shift in how the long-standing “separate sovereignties” exception to the Double Jeopardy Clause is applied. This article by guest contributor Bret Thurman offers a deep dive into the historical, constitutional, and practical complexities of double jeopardy, from its roots in ancient Greece to modern-day interpretations. It explores how exceptions—like implied acquittals, mistrials, and fraud—have shaped the doctrine, and raises questions about whether dual prosecutions still make sense in today’s legal landscape.

Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits
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Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits

Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits

March 18th, 2025|Categories: Corporate Compliance, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: Campaign & Political Law, constitutional law, Discrimination, Diversity, Equity, and Inclusion (DEI), Election, emerging litigation, employment law|

Justin Ward examines the recent federal court injunction against President Trump’s executive orders targeting Diversity, Equity, and Inclusion (DEI) programs. While the ruling temporarily halts enforcement of these orders, legal experts suggest it’s unlikely to slow the growing wave of “reverse discrimination” lawsuits. Since the Supreme Court’s 2023 decision in Students for Fair Admission v. Harvard, more than 100 claims alleging discrimination against majority groups have been filed. Additionally, state legislation and an upcoming Supreme Court case, Ames v. Ohio Department of Youth Services, could further lower the bar for such claims, potentially fueling even more litigation.