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.
Applying Business Strategy to Your Law Firm
In this episode of the Emerging Litigation Podcast, we hear from James Grant about looking strategically at your law firm as you would any business and explore one litigation firm’s journey through that transformative process. As he argues, "lawyers must learn AI now or else watch their competition fly past them in operational efficiency, customer service, and client retention". Listen to learn more!
FTC v. Amazon: Market Definitions and Section 5 of the FTC Act
Traditional antitrust economics face significant challenges grappling with the relatively new digital economy. The author, Jonathan Rubin examines these and other issues raised in the case of FTC v. Amazon, which he anticipates will be a crucial test for antitrust and the FTC Act.
PFAS Regulation, Litigation, and Differentiation
In this episode, we give you some history of the PFAS compounds, discuss some of their important differences, review what litigation we're seeing (including the various claims and defenses), note what we can learn from recent settlement structures, forecast the impact of any new regulation, and predict what litigation might be next. Listen to our guests David Marmins and Morgan Harrison of Arnall Golden Gregory LLP.
ESG Programs and the Lawyer’s Role
In this episode, we discuss the role of attorneys and in-house counsel in the courageous new world of Environment, Social, and Governance Issues, or ESG. How can law firms themselves adopt ESG practices and what role do they play with clients? How can in-house counsel drive ESG initiatives? What are the pitfalls and risks? And have you ever wondered how rating organizations work? Listen now!
Natural Gas Bans and Bans on Bans
The Ninth Circuit Court of Appeals recently struck down Berkeley, California's ban on natural gas infrastructure in new buildings as a violation of federal law. As we will continue to see more such bans, our guest shares insights on how similar cases may be treated -- and much more.
Pixel Litigation Tests Old Privacy Law
New litigation alleging violations of the Video Privacy Protection Act -- which came well before online video streaming -- demonstrates how plaintiff attorneys are creatively applying traditional causes of action to litigate modern privacy issues in the absence of a federal law. Listen now for insights.
PFAS Regulation: EPA Ushers in Next Era of Mass Tort and Environmental Litigation
PFAS claims are the next frontier of mass tort and environmental litigation. With the EPA poised to finally enact the first regulation of these chemicals, that frontier is ripe for exploration. This article explores PFAS and the origin of litigation around the substances as well as the state of PFAS litigation and regulation today. It concludes with some thoughts on what to expect when it comes to PFAS litigation going forward.
TVPRA, State Statutes Open Door for Civil Damage Claims by Human-Trafficking Victims
Since 2003, when Congress opened the door for human-trafficking victims to sue for civil damages under the Trafficking Victims Protection Act of 2000 (TVPRA), the TVPRA and similarly drafted state statutes have allowed for human-trafficking victims to seek civil damages against any party that has benefited from their trafficking. Given this expansive inclusion of third-party liability, more and more businesses, especially those in the hospitality industry, are ultimately the ones left to pay for the criminal acts of human traffickers. In this article, the authors, Coryne Leyendecker and Pamela Lee discuss the evolving litigation around human-trafficking claims and offer guidance on how businesses can build a foundation for their own defense while simultaneously helping prevent human-trafficking crimes from occurring in the first place.
Spotting the Risk, Reaping Rewards: Avoiding Increased Antitrust Scrutiny
The Authors Katie has favorably represented antitrust clients in matters involving monopolization, conspiracy, price fixing, exclusive dealing, and other competition-related disputes, including trade secrets and non-compete actions. She has extensive knowledge of the regulatory hurdles and obligations her clients face. Katie earned her J.D. from the New York University School of Law, cum laude. [...]
International Discovery Tool Kit Aims to Facilitate Discovery in Both Domestic and Foreign Litigation
The Authors Benjamin Daniels advises financial institutions and global corporations about litigation and dispute resolution. As a member of the Business Litigation Group, Ben provides creative and ardent advocacy during litigation, enforcement actions, investigations, crisis management, and white-collar defense matters. Ben’s clients often face complex, cross-border disputes. He has deep experience with the interplay between [...]
The Use—and Abuse—of Rule 41(a) to Destroy Federal Question Jurisdiction Post-Removal
The Authors John defends manufacturers in product liability litigation involving a range of products, e.g., ATVs, RVs, institutional chemicals, medical devices, and pharmaceuticals. From single cases to mass tort litigation and class actions, John has defended clients in courtrooms around the country. Michael is General Counsel of Thor Motor Coach Inc., a final-stage manufacturer [...]
Hair Relaxer Injury Litigation
Last year the Aylstock, Witkin, Kreis & Overholtz law firm filed the first class action against L’Oréal and Softsheen-Carson for injuries, primarily to Black women, allegedly caused by hair relaxers and straighteners. Now, many cases are consolidated in multidistrict litigation. Listen for unique insights from a leading plaintiff attorney.
The Light and Dark Sides of Auto-GPT
Businesses must understand how Auto-GPT technologies use data, the potential for biased results, and how to responsibly leverage these powerful technologies. Listen to my interview with Jason I. Epstein, Partner at Nelson Mullins Riley & Scarborough, as we explore this emerging field.
The Plight of the Indirect Purchaser
Consumers and businesses -- indirect purchasers of products whose prices are fixed by those who supply the maker of your purchase may not collect damages in states that -- surprisingly, do not have antitrust laws that give them standing. But what about federal law? Why do some states provide for damages and others do not? Are there alternatives?Â