Emerging Litigation Blog

Edited and curated by Tom Hagy, this blog features articles from the Journal on Emerging Issues in Litigation, episodes of the Emerging Litigation Podcast, webinars produced by HB Litigation and Critical Legal Content, and guest posts. Many of the contributions come from the Editorial Advisory Board for the Journal on Emerging Issues in Litigation, published by Fastcase Full Court Press. The podcast is a collaboration between HB, CLC, Fastcase, and Law Street Media. Contact: Editor@LitigationConferences.com.
HB Ticker
The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath
False Claims Act, Health Care Whistleblowers, and Whistling in the Wind with Justin Lugar
President Biden’s Critical Infrastructure Cyber Memo and CrowdStrike’s Whoopsie Daisy with Elizabeth Burgin Waller
Algorithmic Software Facilitated Price Fixing with Jonathan Rubin
Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone
Mitigating Greenwashing Litigation Risks with Ramya Ravishankar
Automation Comes to Our Litigation Nation with James Lee
Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles
Litigation Prognostication with Dan Rabinowitz
AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller
Policyholders Hit With Ransomware, Then Strike Insurance Coverage Oil in Indiana

Policyholders Hit With Ransomware, Then Strike Insurance Coverage Oil in Indiana Abstract The cost of ransomware to businesses is estimated to have doubled since 2019 to $20 billion, according to Coveware. Policyholders turn to their insurance policies to recover losses that average more than $230,000 per incident. In the case discussed, the carrier denied [...]

Three Urgent Consumer Class Action Topics with Paul Bland of Public Justice

Three Urgent Consumer Class Action Topics with Paul Bland of Public Justice To discuss these issues, it was my pleasure to interview F. Paul Bland, Jr., Executive Director of Public Justice, an organization that pursues "high impact lawsuits to combat social and economic injustice, protect the Earth’s sustainability, and challenge predatory corporate conduct and government abuses." [...]

Sandra Cianflone on Current and Emerging COVID-19 Litigation

Sandra Cianflone on COVID-19 Litigation in 2021 and Beyond It’s now been more than 18 months since the world was besieged by the novel coronavirus pandemic. In addition to the human toll, it disrupted our lives in ways big and small, new and old, as it raced across continents, first visiting North America [...]

Charlie Kingdollar on Sexual Abuse Claims

Charlie Kingdollar on Sexual Abuse Claims and Litigation: Their Impact on the Insurance Industry Abstract The statistics surrounding childhood sexual abuse and molestation are staggering. Many make headlines such as the cases brought against clergy, athletic coaches, Boy Scout leaders, and actors and movie producers. This article attempts to size the impact of these [...]

Susan E. Brice and Vince Angermeier on Causation in Toxic Torts

Susan E. Brice and Vince Angermeier on Causation in Toxic Torts Abstract Concepts of “substantial factors,” “any exposure,” and “de minimis” contact have long-supported claims brought by toxic tort plaintiffs against manufacturers. They have furthered tort actions against defendants based on the “cumulative expo-sure” theory, particularly in the asbestos arena, even when a [...]

Vince Vitkowsky on Insurance Coverage for Civil Unrest

Vince Vitkowsky on Insurance Coverage for Civil Unrest Civil unrest. Peaceful protests. Massive marches. Riots. Looting.  Which of these things are not like the other? Recent social outrage over police shootings of Black people -- these events in particular -- have sent people to the streets by hundreds of thousands. In some cases these [...]

Kathryn Hatfield on Labor Law in 2021

Kathryn Hatfield on Labor Law in 2021 Participation in labor unions is less than half of what it was 40 years ago. It has seen an uptick in the service sector, but a sharp decline in manufacturing. According to Heidi Shierholz -- former chief economist at the Department of Labor, now senior economist and [...]

Melicent Thompson on Coverage for Covid-19 Business Income Losses

Melicent B. Thompson on COVID-19 Coverage Abstract COVID-19 indisputably has taken an enormous economic toll. Governmental shutdown orders early in the pandemic and ongoing restrictions on business’ operations have resulted in a flood of claims for insurance coverage for business income losses attributable to those orders and restrictions. This article reviews the litigation and [...]

Myriah Jaworski on Arbitration as Defense Against Data Breach Class Actions

Myriah Jaworski on Individual Arbitration as a Defense Strategy Against Data Breach Class Actions Abstract Data privacy class actions are proliferating. Defendant companies may find an effective defense strategy is moving to compel individual arbitration. Not all contracts have the appropriate language, however, and, even if they do, they may not succeed. This article, [...]

Will We See More Antitrust Litigation During Biden Administration?

One Current and One Former FTC Official Weigh in on Outlook for Antitrust Litigation (Excerpt from MoginRubin Blog) FTC Commissioner Noah Phillips and George Washington Law School Competition Law Director William E. Kovacic, who once chaired the agency, appeared on a webinar today (March 16, 2021) hosted by the Information Technology and Innovation [...]

Psychedelics Decriminalization and Regulation with Griffen Thorne

Psychedelics Decriminalization and Regulation with Griffen Thorne Listen to my interview with Griffen Thorne, an attorney in the Los Angeles office of Harris Bricken LLP.  He focuses on corporate, transactional, intellectual property, data security, regulatory, and litigation matters across a wide variety of domestic and international industries. As part of Harris Bricken’s corporate cannabis team, he [...]

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