Emerging Litigation Podcast
Lawyers for Good with Tara Trask and Jason Flom
If you're feeling bad about being a lawyer, or just maybe tingling with the holiday spirit of giving back, this episode is for you. Listen to three professionals (well, maybe two "professionals") who deeply admire for the legal profession, the important role attorneys play in society, and all the potential they have to make the world a better place. When there is strife, there is a supporting organization, and with them are lawyers. Wrongful convictions. Voting rights. Environmental protection. The rights of women, people of color, workers, LGBTQ, immigrants, asylum seekers. Lawyers are in a unique position to do something about all of this. And they do. And we hope more will. Join me as I interview nationally acclaimed trial consultant Tara Trask and music industry star-maker Jason Flom. Tara Trask is the President of Trask Consulting, a boutique litigation strategy, jury research and trial consulting firm. Tara focuses complex commercial litigation, from intellectual property to antitrust, from products liability to insurance, and oil and gas. She has extensive experience assisting institutions and individuals in matters involving regulatory enforcement and white-collar defense. Tara has been involved in more 450 jury trials. Music industry executive Jason Flom is CEO of Lava Records, Lava Music Publishing, and Lava Media, LLC. He is former CEO at Atlantic Records, Virgin Records and Capitol Music Group. Jason is personally responsible for launching acts such as Katy Perry and Greta Van Fleet, and discovering and developing the likes of Matchbox 20, The Corrs, Tory Amos, Jewel, and Stone Temple Pilots. The New Yorker described Jason as “one of the most successful record men of the past 20 years. He's also committed to doing good. Through his Lava for Good company, Jason hosts the hit podcast Wrongful Conviction, now in its ninth season, which features interviews with people who have spent decades in prison for crimes they [...]
Data-Driven Legal Guidance with Ed Walters
Today we’re going to talk about the weather. But only for a minute. Mostly we’re going to talk about the use of big data in the practice of law. There is a reason IBM acquired the digital assets of The Weather Channel, and it's not because they are climate nerds. They bought it to put weather data to work to “operationalize [the] understanding of the impact of weather on business outcomes.” Think about the economic impact of snowstorms, hurricanes, and even less dramatic weather conditions, or the impact on the durability of manufacturing or building materials as temperatures rise or fall outside the norm. While we all crave meteorological precision, we also crave precision when making legal and business decisions. Clients ask questions like these all the time: What is our case worth? What size award will we get? Where should I file? Will the judge grant summary judgment? Should I even bring this suit? Lawyers will draw on experience to offer their best advice, providing ranges followed by caveats and usually preceded by the most lawyerly of lawyer answers: “It depends.” As my guest points out, lawyers also get business-related questions. Business-related answers may begin with "it depends," but must end with a number. When a CEO asks how much revenue your project will generate, "more" is not the answer they're looking for. I know. I've tried. Lawyers who seek greater precision in their predictions can take comfort in the increasing sophistication of analytical tools that can evaluate massive troves of data and account for myriad variables. Not only are we seeing advances in machine learning, artificial intelligence, and language processing, but there is greater access to important litigation-related data – BIG DATA – than ever before. Using new technologies to comb through millions of records – combined with an attorney’s insights – cannot only [...]
PFAS Consumer Fraud Litigation with John Gardella
These stubborn chemicals are everywhere. But when they find their way into products, shouldn't someone tell consumers? Per- and poly-fluoroalkyl substances (“PFAS”) are a family of more 12,000 manmade compounds. That's a huge family. Most people would recognize the brand names Teflon, produced by Dupont and Scotchgard produced by 3M. They also go by the nickname “forever chemicals” because they are highly persistent and mobile in the environment and the human body. In addition to bodily injury and environmental pollution litigation, plaintiffs are bringing suits against companies for claiming their products and the making of their products are safe and green. New consumer lawsuits seeking millions in damages are targeting oral hygiene products -- like a recent case involving dental floss -- cosmetics, apparel, and food packaging. Listen to my interview with environmental lawyer John Gardella of CMBG3 Law who discusses why PFAS concern citizens, media and legislators, what legal risks corporations face, and why we're seeing a surge in consumer fraud litigation. This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. (actual size) Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast Home Page LinkedIn PFAS Consumer Fraud Litigation with John Gardella John Gardella is a Shareholder and recognized thought leader on PFAS issues. He is licensed to practice in Massachusetts and Tennessee. A seasoned trial attorney with over 75 verdicts, John is the Chair of the firm’s PFAS, Environmental, Risk Management & Consulting, and ESG practice groups. His thought leadership and predictive risk abilities with respect to PFAS [...]
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Emerging Litigation Journal
Labor Organizing in Retail: Conditions Remain for Continued Momentum
The Authors Amber is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, and is a trial lawyer who has extensive experience representing and advising clients in traditional labor relations, such as collective bargaining, representation elections, decertification elections, unfair labor practice charges, arbitrating grievances, contract administration and interpretation, and union avoidance strategies. Amber’s litigation experience includes regularly representing clients in wage and hour collective and class actions, trade secrets and post-employment restrictive covenant disputes, and complex employment discrimination. As a part of Amber’s partnership with clients to avoid litigation, she frequently conducts and coordinates sensitive corporate investigations, and provides training presentations for clients on a multitude of topics. Kurt helps businesses of all sizes solve their complex labor and employment challenges. He counsels clients on all aspects of labor-management relations, including representation elections, collective bargaining and strikes and lockouts, and also advises clients in strategic employment and human relations matters. Kurt litigates labor and employment cases in federal and state trial and appellate courts around the country and before the NLRB and EEOC. Kurt is a recognized thought leader in the area of traditional labor-management relations. He has been recognized as a leader in Labor and Employment by Chambers USA Virginia and as a 2022 Top 10 Labor Lawyer by Benchmark Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Labor Organizing in Retail: Conditions Remain for Continued Momentum "The political and social issues of the past few years, inflation, the looming recession, job security, wages, and pandemic-related frustration/unhappiness are just a few of the countless reasons cited for the boom in union support/approval." Abstract: In 2022, labor organizing was in the spotlight with workers organizing at a [...]
Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track by Jonathan Rubin
The Author Jonathan Rubin (jrubin@moginrubin.com) is Co-Founder and Partner of MoginRubin LLP, a boutique antitrust, mergers and acquisitions, and class action law firm. Since 2001, he has focused his legal practice exclusively on antitrust and competition law and policy. As a litigator he has led trial teams in major antitrust cases in courts throughout the country. Rubin is a member of the Editorial Board of Advisors for the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track? "The failure to appropriately adjust the patent system to accommodate the competitive circumstances created when patents are incorporated into standards undermines the purposes of the standard-setting enterprise and impairs the utility and proliferation of standardized technologies. Without a course correction among the judiciary, the United States risks finding itself as a less desirable jurisdiction for pro-growth and pro-competitive patenting and standard-setting activities." Abstract: A consensus at the intersection of patent and anti-trust law was achieved after a series of decisions finding that in some circumstances owners of standard essential patents (SEPs) have an antitrust duty to deal with willing licensees. Beginning in 2017, however, the Department of Justice derailed U.S. policy by undermining the role and usefulness of antitrust for policing abuses of the standard setting process. This article traces the emergence of the consensus, its abrogation by the DOJ, and the resulting effects and prospects for the future. Download the article now! Explore more from MoginRubin LLP! Blog: Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment. By Dan Mogin, Jonathan Rubin, Jennifer Oliver, and Timothy LaComb. List [...]
PFAS Litigation—A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits: What Are the Legal and Business Risks to Companies by John Gardella GalleryPFAS Litigation—A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits: What Are the Legal and Business Risks to Companies by John Gardella
PFAS Litigation—A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits: What Are the Legal and Business Risks to Companies by John Gardella
The Author John P. Gardella (jgardella@cmbg3.com) is a shareholder and Chief Services Officer at CMBG3 Law, where he also chairs the firm’s PFAS, Environmental, Risk Management and Consulting and ESG practice groups. John is the latest addition to the Editorial Board of Directors for the Journal on Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. PFAS Litigation A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits "It is of the utmost importance that businesses along the whole supply chain in the consumer goods sector evaluate their PFAS risk and fully understand the legal arguments that plaintiffs could make against companies in litigation." Abstract: Per- and polyfluoroalkyl substances (PFAS) are a class of over 12,000 man-made compounds. Most people would recognize the brand names Teflon, produced by DuPont, and Scotchgard, produced by 3M. They also go by the nickname “forever chemicals” because they are highly persistent and mobile in the environment and the human body. In addition to bodily injury and environmental pollution litigation, plaintiffs are also bringing suits against companies for claiming their products and the making of their products are safe and green. This article explains why PFAS are of concern to citizens, media, and legislators; what legal risks they pose to corporations; and the recent surge in consumer fraud litigation. The article examines the legal theories at issue in the PFAS consumer fraud cases, as well as the potential damages that can stem from the cases to corporations. Questions addressed include: What do state and federal regulations say about PFAS in drinking water? If your company doesn't use the two original types of PFAS, are you at less risk of litigation? Which [...]
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