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.
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.
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?
The IRS and Rules About Rules
The Administrative Procedures Act outlines the rules of rule making for federal agencies. Lately it has become a focal point in tax litigation, due in large part to the IRS’s record of refusing to comply with the law's notice-and-comment mandate. Listen to learn more about recent trends in tax litigation. Get an article, too.
Law Firm Technology Directors? Yes.
In this episode we talk about the advantages of having technology and software development capabilities inside your law firm. Can you imagine? And we’re not just talking about someone who is adept at unjamming the printer.
Intellectual Property Trial Team Diversity with Tara Trask
Intellectual Property Trial Team Diversity with Tara Trask Diversity and inclusion initiatives aren’t just valuable for checking off compliance boxes and writing marketing copy. Those benefits are a distant second and third to the genuine value team diversity has on the success of a company or a project. That also means law firms [...]
Persuasion as Direct and Honest Trial Advocacy with Jack Siegal
Persuasion as Direct and Honest Advocacy with Jack Siegal The relevance to jury trials and jury persuasion is obvious. According to studies cited in a 2019 article in Business Insider, people develop first impressions of you “even before you open your mouth.” That means your mere appearance “affects how trustworthy, promiscuous, and powerful people [...]
Electronic Fund Transfer Fraud with Brad Rustin
Electronic Fund Transfer Fraud with Brad Rustin Grifters, scammers, con artists Sen. Elizabeth Warren, who championed the creation of Consumer Financial Protection Bureau (CFPB), calls the Zelle digital payments network a “preferred tool for grifters like romance scammers, cryptocurrency con artists, and those who prowl social media sites advertising concert tickets and purebred [...]
Government Involvement in Medical Decisions During Outbreaks with Bryce McColskey and Sandra Cianflone
Government Involvement in Medical Decisions During Outbreaks It's apparently (and hopefully) on its last legs. The Covid-19 pandemic was the most recent health issue to raise questions around government’s involvement (or interference) in an individual’s control over their own medical treatment. In their article – Government Involvement in Medical Care Decisions During Outbreaks of [...]
The Cannabis Employment Law Patchwork with Keya Denner
The Cannabis Employment Law Patchwork with Keya Denner Maryland and Missouri are the latest states to legalize recreational cannabis for people 21 and older. Voters came out in favor of legalization in the November 2022 midterms, bringing the total recreational jurisdictions to 22 states and the District of Columbia. Voters in North Dakota, [...]
The New European Unified Patent Court with Marianne Schaffner and Thierry Lautier
What's the new European patent court mean to global innovators? The European Union’s new Unified Patent Court is an international body set up by participating EU Member States to deal with the infringement and validity of both Unitary Patents and European patents. The court's objective is “putting an end to costly parallel litigation and enhancing [...]