Environmental Law This Week: Feds Step Back, States Step In, Courts Push Back, EPA Wavers

December 13th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Mass Torts, New Featured Post for Home Page, News|Tags: , , |

We’re in an age when deregulation hawks in just about every sector are getting what they’ve asked for. That includes environmental protection, something many of us have taken for granted, as we watch federal measures undergo a dramatic unwinding at a time when the scientific community agrees more should be done, not less, to safeguard the planet. Federal agencies are retreating from aggressive enforcement, states are asserting new authority, and courts—both state and federal—are emerging as decisive arbiters of climate and energy policy. The result is a patchwork of obligations and opportunities that lawyers, corporations, and communities must navigate with increasing urgency. This week’s developments underscore the trend.

The DOJ’s Antitrust Whistleblower Rewards Program 2025 : Take the CLE Webinar

November 30th, 2025|Categories: CLE OnDemand, Complex Business Litigation, Emerging Litigation & Risk, New Featured Post for Home Page, New Webinars|Tags: , , |

The Department of Justice’s new Antitrust Whistleblower Rewards Program is reshaping how insider reporting is incentivized in fraud-related antitrust cases. In this CLE webinar, leading whistleblower attorney Julie Bracker and veteran antitrust litigator Dan Mogin explain how the program works, who qualifies, and what types of violations may lead to monetary awards of up to 30% of criminal fines. The session covers whistleblower protections, antitrust enforcement fundamentals, strategic considerations, and current DOJ priorities—offering essential guidance for counsel navigating this rapidly evolving enforcement landscape.

Maryland Child Victims Act: Defending & Pursuing Insurance Coverage for Abuse Claims | Get CLE

November 26th, 2025|Categories: CLE OnDemand, Complex Business Litigation, Insurance, New Featured Post for Home Page, New Webinars|Tags: , , |

Maryland’s Child Victims Act has opened the door to a surge of revived abuse claims, raising significant challenges for institutions, insurers, and counsel. In this CLE webinar, Cameron Argetsinger, Brian Della Torre, Glen Feinberg, and Sean Gugerty examine the law’s key provisions, emerging litigation trends, and complex insurance coverage issues. The program explores liability risks for schools, nonprofits, and religious organizations, and offers practical guidance on locating historic policies, managing notice obligations, and navigating insurer defenses. Essential insight for anyone handling CVA-related litigation or insurance recovery.

Ninth Circuit Rejects Religious Accommodation Claim in COVID Testing Case

November 17th, 2025|Categories: Complex Business Litigation, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The Ninth Circuit has rejected a religious accommodation claim from a healthcare worker who objected to weekly COVID-19 testing, holding that the employee failed to show a bona fide religious conflict and that the employer’s masking-and-testing accommodation was reasonable. The ruling offers valuable guidance for employers navigating post-pandemic accommodation requests. Read the full analysis for key takeaways.

California AI Hiring Law Takes Effect, Mandating Bias Audits

November 16th, 2025|Categories: Complex Business Litigation, HB Tort Notes, Journal, Law Firm Operations, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

California’s new AI hiring regulations take effect on October 1, 2025, requiring employers to conduct bias audits and increase transparency when using automated decision systems. With broad definitions of ADS and new FEHA liabilities, employers must prepare now to stay compliant. Read the full analysis to understand what steps your organization should take next.

Montana Court Awards $2.9 Million in Fees to Youth Climate Plaintiffs After Landmark Constitutional Win

November 16th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , |

A Montana District Court has awarded nearly $3 million in fees and costs to youth plaintiffs after their landmark constitutional victory recognizing a right to a stable climate system. The ruling highlights the societal importance of the case, the inequity of resources between the parties, and the critical role of private enforcement in protecting environmental rights. Learn more in the full article.

Authentic Business Development for Litigators: Stop Chasing Cases and Start Building Clients with John Reed

October 16th, 2025|Categories: Complex Business Litigation, ELP, New Featured Post for Home Page|Tags: , , |

What if waiting for lawsuits is the worst growth strategy a litigator can have? In this episode of the Emerging Litigation Podcast, host Tom Hagy speaks with John Reed, founder of Rain BDM and host of Sticky Lawyers, about how litigators can build authentic, lasting client relationships instead of chasing the next case. John shares practical insights on defining your professional brand, using emotional intelligence in business development, and adapting your natural style—especially for introverts or those navigating remote mentorship. Whether you’re a new associate or a seasoned partner, this episode offers a roadmap for making your practice more resilient, visible, and genuinely client-centered.

New and Improved Antitrust Whistleblowing Incentives with Julie Bracker and Dan Mogin

October 8th, 2025|Categories: ELP, New Featured Post for Home Page|Tags: , , |

Can whistleblowers reshape antitrust enforcement the way they’ve exposed fraud in other industries? In this episode of the Emerging Litigation Podcast, host Tom Hagy talks with Julie Keeton Bracker of Bracker & Marcus and Dan Mogin of Mogin Law about the Department of Justice’s new push to encourage insider reporting in antitrust cases. They explore the history of qui tam actions, the power of the False Claims Act, and how individuals could soon play a bigger role in uncovering price-fixing, bid-rigging, and other anti-competitive schemes.

Resolving Business Disputes Without Burning Bridges Featuring Judge Alan Fine

October 7th, 2025|Categories: ELP, New Featured Post for Home Page|Tags: , , |

In this episode of the Emerging Litigation Podcast, retired Judge Alan Fine of Private Resolutions explores how businesses can resolve disputes without destroying valuable relationships. Drawing on decades of experience on the bench and in commercial litigation, Judge Fine explains the pros and cons of mediation, arbitration, and “private judging,” which allows parties to choose their own judge and resolve matters quickly and confidentially. He shares how aligning your dispute resolution strategy with business objectives—rather than emotions—can preserve partnerships, save time, and achieve fair results.

Insurance Coverage Litigation’s Modern Mayhem with Jeremy Moseley

September 17th, 2025|Categories: ELP, Insurance, New Featured Post for Home Page|Tags: , , |

Insurance coverage litigation isn’t what it used to be. In this episode of the Emerging Litigation Podcast, Jeremy Moseley of Spencer Fane unpacks how automation, AI, climate change, and “social inflation” are reshaping risks and fueling high-stakes disputes. From thermonuclear verdicts to dangerous policy gaps, Jeremy offers sharp, practical insights into what insurers, policyholders, and lawyers should expect next.

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

September 9th, 2025|Categories: HB Tort Notes, Intellectual Property, Journal, New Featured Post for Home Page, News|Tags: , , |

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.

Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke

September 7th, 2025|Categories: ELP, Intellectual Property, New Featured Post for Home Page, Technology Law|Tags: , , |

What happens when artificial intelligence collides with copyright law? In this episode of the Emerging Litigation Podcast, intellectual property attorneys Ryan Phelan and Tiffany Gehrke of Marshall, Gerstein & Borun LLP unpack two landmark court decisions on fair use and AI training data. They explain why courts found AI training to be “transformative use,” how judges are treating legally obtained versus pirated data, and why algorithmic outputs could be the real battleground ahead. With deep expertise in technology and IP law, Ryan and Tiffany offer practical insights into how these rulings may shape the future of AI, copyright, and innovation.

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