FTC’s Case Against Facebook Will Challenge the Adaptability of U.S. Antitrust Law
Society leads, and the law follows.
This is especially true in antitrust, where industries and markets undergo constant change brought about by innovation and changing consumer behavior. Confronted with ever evolving commercial circumstances, the courts face a constant struggle to keep up. With the filing of the antitrust cases against the Facebook “monopoly” by the Federal Trade Commission and 47 state attorneys general, U.S. antitrust faces one of its most significant tests since the case of U.S. v. Microsoft, now 20 years old.
In the intervening decades, the Internet has spawned a new category of industry, “demand aggregators.” These businesses seek to grow market share not just by capturing supply, but also demand. The power of the dominant digital platforms—Google, Apple, Facebook, Amazon, Uber—arises as much or more from their position as the source of customers than as a supply of goods or services. Of course, the platform must be able to deliver, but when customers view your website as the place to go—Amazon for goods, Uber for rides, Facebook for friends—the supply will follow.
Demand-side dominance is only one of the thorny issues the court will have to resolve in the antitrust authorities’ cases against Facebook …
Read the complete post by antitrust and competition law experts Jonathan Rubin and Jennifer M. Oliver as well as other posts on competition law in the tech space, including commentary on Google, Uber, Amazon, Apple, and more at the MoginRubin Blog.
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Safeguarding Against Financial Exploitation
An on-demand CLE-eligible webinar Safeguarding Against Financial Exploitation America’s senior population is growing. Nearly one in five U.S. residents will be 65 or older in 2030. Which means the average age of U.S. investors is climbing too. With that comes the risk that they will be exploited by people with access – or gain access through nefarious methods – to their investment portfolio. Seniors and vulnerable persons lose billions of dollars each year. Remarkably, 90% of the people to take advantage of senior investors are members of their own family. Attorneys who represent senior clients need to know the signs of vulnerability, red flags that their clients are being exploited, what laws apply, and rules lawyers must follow in these matters. Questions our speakers answer: What is senior / vulnerable investor exploitation? Who is protected by state and federal laws? How prevalent is senior financial exploitation? What do the numbers tell us? What is the pace of financial abuse SAR filings by securities firms? What are the most popular scams? What is diminished capacity? What are the red flags indicating possible exploitation? What are the laws, rules, and regulations governing law firms? What are some best practices for law firms? How can firms best protect their senior clients? On Demand CLE Webinar What You Get PowerPoint and supplemental materials. Complete recording for later review. Answers to your questions via email. Invitation to contact speakers. 1.5 CLE credits (for licensed attorneys). CLE assistance.* *Subject to state bar rules. For licensed attorneys. Register Meet the Speakers Joseph Calabrese Bressler, Amery & Ross, P.C. A 1991 Graduate of St. John’s University Law School, Mr. Calabrese brings 30 years of practice and 18 years of Securities Litigation/Regulatory experience to his role as principal in the New York office of Bressler, Amery & Ross’s Financial Institutions Group. He began his career as a Wall Street litigator as an associate general counsel for Citigroup’s Smith Barney and [...]
PTSD in Mass Torts & Multi-Plaintiff Cases. What attorneys need to know.
PTSD in mass tort and multi-plaintiff cases. What attorneys need to know. 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 topics relevant to the forensic psychiatric assessment of emotional damages within mass tort and complex litigation. Agenda 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 require in-depth forensic psychiatric assessment from claimants who do not. Are all psych tests the same? Types of psychological test instruments we recommend and ones that we do not — and why. So-called “PTSD Tests.” Do they have a role in forensic psychological assessments? Accuracy and reliability of conclusions derived from psychological test data. Taking a “team approach” to emotional distress claim assessment in mass tort litigation. On Demand Registration Webinar On Demand 75 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). CLE support by email. The complete Power Point presentation. Continued access to the complete recording for later use. Answers to speaker questions by email. On Demand Registration Meet the 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 Dr. Levy attended Durham University, U.K. (1965-66) and is a graduate of Columbia College (A.B. 1967), the Columbia University College of Physicians and Surgeons (M.D. [...]
Epiq Class Action Settlement Efficiency
Epiq presents a CLE-eligible webinar Wait Wait ... Don't Settle! Essential elements of effective class action settlements. When it comes to complex class action litigation, once the hard work is done – litigation and settlement – more hard work begins – administering it. But is the deal really ready? After years of arduous proceedings, discovery, motions, appeals, hearings, negotiations, and more, the scope and structure of your settlement has been drafted. Everyone is in agreement. The hard work of the courts, the attorneys, the legal teams, and the litigants is complete. Now it's time to administer the settlement. Send out notices. Cut the checks. Get people paid. Boom! Sit back and relax. Get a claims administrator to take it from there. But wait … you find out that the terms of the agreement, the promises made, the budget established, and the deadlines calendared are not only inefficient, they are completely unworkable. Now the settlement is in jeopardy. The clients are frustrated. The court is frustrated. And you have a headache. That is a situation you, as a class action attorney, never want to find yourself in. The best way to avoid this quagmire is for attorneys to work with a professional and experienced claims administrator before you agree on settlement terms, someone who has been to this rodeo many, many times before. If you want smooth execution of your claims program, they must be on your team as you pull the pieces of the settlement together, not afterwards. Join us for a complimentary CLE webinar on Thursday, April 8, 2021, for a practical discussion based on Seven Elements of Effectively Settling Class Actions led by a class action litigator turned class action settlement expert, who will moderate a discussion with two highly regarded class action attorneys who have been involved in a number of high-profile complex cases. On Demand | Recorded April 2021 On Demand Registration Included with registration 1+ CLE credits (subject to bar rules). CLE codes are embedded in the video. [...]
Sexual Abuse Litigation and Insurance Coverage
Insurance Coverage for Sexual Abuse Claims Strategies | Response | Insurance Archeology CLE OnDemand Webinar Sexual abuse claims – such as those involving the Catholic Church and the Boy Scouts of America – have resulted in verdicts and settlements in the tens and hundreds of millions of dollars. The Catholic church alone has paid billions to resolve claims. Verdicts in cases involving adult victims are typically lower than those involving children and teens. A December 2021 $44 million verdict to a Texas woman who was raped at a Hilton Hotel in Houston could signal that juries may be more open to larger awards in such cases. While rapists and abusers face accountability under criminal law (and sometimes under civil law as well), businesses and institutions of all shapes and sizes are increasingly finding themselves confronting claims that they bear some of the responsibility for instances of sexual molestation, abuse and harassment. Several standard types of liability insurance provide coverage for such claims. In this webinar the panel discusses the elements of this coverage and the sensitive aspects of such claims. If you answer yes to any of these questions, this webinar is for you: Is your organization or your clients at risk of facing sexual abuse accusations? Would your organization or your client be insured if sued for sexual abuse? Is your organization or client uncertain as to where their insurance policies are? HB CLE on West LegalEdcenter Get CLE on emerging issues in litigation produced by HB and distributed via the West LegalEdcenter. Courses are available as part of your subscription to the platform. They are also available for individual purchase. Go to West LegalEdcenter Library CLE OnDemand Webinar: Property Insurance Coverage for Emerging Risk of Underground Climate Change w/Artese Podcast 1 of 2 series: Insurance Coverage with Dr. Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler. Podcast 2 of 2 series: PFAS Insurance Coverage with Robert D. Chesler [...]
Lien Resolution: Government & Private Plans Get Aggressive (Against Attorneys)
Includes Nearly 75 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. What can you do to settle personal injury suits cleanly and avoid costly litigation and penalties? What recent cases can inform you about protecting your settlements and, as attorneys, yourselves, from post-settlement federal lawsuits? How can your firm set itself up to meet government expectations? What role might experts play in navigating these pitfalls? Medicare Advantage (42 USC § 1395w-22) Federal Medical Care Recovery Act (FMCRA) (42 USC § 2651) Armed Forces Act (10 USC §1095) Veterans’ Benefits (38 USC §1729) Third-Party Collection Rules (32 CFR 537.24; 38 CFR 17.101, etc.) Set-Asides under the Medicare Secondary Payer Act (42 USC § 1395y(b)(2)] On Demand Registration Lien Resolution Government & Private Plans Get Aggressive (Against Attorneys!) On Demand | Recorded September 2020 It is increasingly common these days. Personal injury attorneys settle a case, only to find themselves sued by a U.S. Attorney for failing to reimburse Medicare for conditional payments as required by the Medicare Secondary Payer Act. In some cases the attorney may be required to pay fines in addition to the reimbursements and interest, a costly proposition. Are you up to speed on issues surrounding Medicare Advantage, TRICARE, veterans’ claims, and Medicare set-asides? Join nationally recognized healthcare lien and resolution expert Franklin P. Solomon and go-to lien resolution provider Brett Newman as they offer a practical, in-depth CLE presentation. Franklin P. Solomon, Esq. Attorney & Founder, Solomon Law Firm A graduate of Rutgers University School of Law at Camden, Franklin Solomon is based in Cherry Hill, NJ, with a practice focused on evaluation, litigation and resolution of healthcare “liens” and reimbursement claims. Mr. Solomon represents personal injury victims and their attorneys [...]
Telepsychiatry: Mitigating the Risks
REGISTER Registration Includes Nearly 90 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. Understand the risks associated with telepsychiatry and how to manage them. Telemedicine has emerged as an important solution for healthcare in general and psychiatric medicine specifically during the current global pandemic. Remote access for sub-practices including addiction counseling have been commonly used. Our panel of psychiatric professionals who have served as expert witnesses and attorneys who counsel and represent physicians have prepared a 90-minute session to share insights with attorneys, physicians, healthcare providers, risk professionals, and more. Agenda Examining procedures and best practices that exist for ensuring confidentiality in a telemedicine practice How do you draft a telepsychiatric consent form? What is the emerging standard of care for telemedicine? Will the standard of care for telemedicine become a national standard? (Should it?) Review the case law addressing telemedicine or telepsychiatry How do the HIPAA regulations and HITECH privacy laws impact telemedicine? How have the HIPAA regulations and HITECH privacy laws been relaxed during the pandemic? Will the relaxed HIPAA and HITECH regulations impacting telemedicine continue past the pandemic? Which technical platforms are preferred? Which ones to avoid? Panelists Mark Levy, M.D., Medical Director at fpamed David Kan, M.D., UCSF Psychiatry Department and the California Society for Substance Abuse Medicine Ayesha Ashai, M.D., associated with fpamed Stephen M. Fatum, J.D., Partner, Barnes & Thornburg LLP Angela W. Russell, J.D., Partner, Wilson Elser Moskowitz Edelman & Dicker LLP Meet our physician and attorney panelists. Mark Levy MD Medical Director fpamed Dr. Levy is a graduate of Columbia College (A.B. 1967) and the Columbia University College of Physicians and Surgeons (M.D. 1971) in New York. He is a Physician [...]