Emerging Litigation Podcast
Technology-Assisted Review: Sara Lord Interviews Data Scientist Lenora Gray
In this episode, Sara Lord of Legal Metrics speaks with Lenora Gray of Redgrave Data about eDiscovery in the practice of litigation and how it has been transformed by technology-assisted review tools – or TAR, and how these tools work. Every litigator needs to understand how eDiscovery tools work. They should be able to answer questions around the approach being used, why that approach was chosen, the reliability of the assisted review, what human oversight was implemented, and more. Listen and learn. PLUS: Watch the video for outtakes and bonus content!
Jury Selection in the Age of Conspiracy Theories and Distrust with Tara Trask
In this episode, we discuss picking juries in an age of misinformation, general distrust, tribalism, unleashed social media surfers, and unorthodox legal strategies unfolding on a daily basis with Tara Trask of Trask Consulting, jury and trial expert. "Jury service is an opportunity for everyday Americans to interact with an important institution, our courts, and play their part as citizens,"Trask says. "The court system could very well be our saving grace in trying to hang on to our democracy." Listen now.
Transforming Legal Workflows with AI: Sara Lord Interviews Tara Emory and Wilzette Louis
In this episode, Sara Lord of Legal Metrics speaks with Tara Emory and Wilzette Louis of Redgrave Data about the game-changing potential of robotic process automation and AI, and how these are not just futuristic concepts but practical solutions to today's legal challenges. As Tara notes, "Wherever your team is spending most of its time on manual tasks, that’s where you can further automate with technology and get the most benefit". Wilzette adds, "AI-driven automation technology can take different aspects of an entire workflow and bring them into a set of processes that a software robot can perform for you. Soon, adopting such technology will be a must for firms to compete". Listen and learn more!
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Emerging Litigation Journal
Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?
Diana Gliedman, Dennis Nolan, and Fiona Hogan examine the impact of Mexico’s recent presidential decree banning certain foreign textile imports through the IMMEX program and increasing tariffs on textile products. The ban has disrupted operations for textile companies and third-party logistics providers, leading to unexpected costs, rerouting challenges, and supply chain delays. The authors outline how businesses may find relief through insurance policies such as Supply Chain Insurance, Business Interruption, Contingent Business Interruption, and Marine Cargo/Stock Throughput Insurance. They emphasize the need for swift action to review coverage, notify insurers, and document losses to maximize potential claims.
Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts
With federal PFAS regulations in limbo, lawsuits targeting “forever chemicals” are expanding—what does this mean for businesses and consumers? Justin Ward examines the uncertain future of PFAS (“forever chemicals”) regulation and litigation after former President Trump rolled back a draft rule expanding Biden-era guidelines. The rising PFAS lawsuits are increasingly targeting consumer product manufacturers alongside chemical companies. Despite concerns over deregulation, several states have enacted their own strict PFAS rules, ensuring continued legal challenges and regulatory pressure. Read our report by guest contributor Justin Ward.
California’s climate disclosure laws withstand initial US Chamber of Commerce challenge
California’s groundbreaking climate disclosure laws just overcame a major legal challenge—what does this mean for businesses and the future of corporate transparency? Writer Justin Ward will fill you in.
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Rule 23(c)(4) Issue Certification: Reconciling the Conflict With the Predominance Requirement
Rule 23(c)(4) Issue Certification: Reconciling the Conflict with the 23(b)(3) Predominance Requirement Proposed class actions seeking monetary damages are often difficult to certify because common issues do not predominate over individualized issues as required by Rule 23(b)(3). Rule 23(c)(4) provides that "[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues."Although Rule 23(c)(4) has been part of the rule since the landmark 1966 amendments, it was often overlooked until the Supreme Court's decision in Wal-Mart v. Dukes. Plaintiffs now routinely seek limited issue certification for purported common issues, such as liability, arguing that questions of injury, reliance, or causation should be left for individual cases. When approved, this approach increases defendants' exposure by permitting certification in some cases that would otherwise fail the Rule 23(b)(3) standards.The federal circuits are now in a three-way split on how issue certification should be treated under Rule 23(b)(3)'s predominance requirement. While the Fifth Circuit has taken the textual view in Castano v. American Tobacco Co. that permits issue certification only if the class first qualifies under Rule 23(b)(3), the Ninth, Sixth, Second, and Seventh Circuits have adopted the opposite view that Rule 23(c)(4) certification does not require predominance. The Third Circuit has clarified and heightened the test in Russell v. Educ. Comm’n for Foreign Med. Graduates, 20-2128 (3d Cir. Sept. 24, 2021), but offers both sides plenty to consider. The remaining circuits are uncommitted, leaving the district courts to address the matter.Listen as our panel of experienced class action litigators analyzes the varying circuit court positions on Rule 23(c)(4) issue classes and the implications of practitioners' decisions when pursuing or opposing class certification. Outline The emergence of issue classes under Rule 23(c)(4) What is an issue class? How are they being strategically used? Where are the grey areas? Key court decisions on issue class certification Textual and historical analysis of Rule 23(c)(4) Strategies for defending [...]
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 [...]
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 [...]
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