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  • Facing PFAS lawsuit, Apple claims watch bands are safe, but what does the evidence say?

    Amid rising concerns about toxic chemicals in consumer products, Apple finds itself under scrutiny. Guest contributor Justin Ward examines the controversy surrounding Apple’s smartwatch bands after researchers detected elevated levels of PFAS, or “forever chemicals.” While Apple insists its products are safe, a class action lawsuit alleges deceptive marketing and health risks, raising broader questions about accountability and chemical transparency in tech and apparel.

  • AI tool that summarizes evidence from cracked phones wades into uncharted constitutional waters

    As law enforcement agencies adopt cutting-edge AI to process digital evidence, constitutional questions are quickly coming into focus. Guest contributor Justin Ward explores how Cellebrite’s new AI-driven tool—capable of scanning and summarizing entire phone contents—may clash with Fourth Amendment protections. While the tech promises efficiency, civil rights advocates argue it opens the door to warrantless digital dragnets, with court interpretations varying widely across jurisdictions.

  • Valid Antitrust Concerns or Partisan Objectives: Which Will Guide Trump’s FTC?  

    Concerned that the spirit of retribution that drove executive orders against some of the nation's largest law firms will carry over to business deals, Tom Hagy writes about recent changes at the Federal Trade Commission and some of the comments from the new chair that suggest infusion of retribution into the process of examining business deals is inevitable.

  • AI tools may be the cause of the explosion in nuclear verdicts — and also the solution

    Guest contributor Justin Ward discusses how artificial intelligence is both fueling and fighting the rise of “nuclear verdicts.” Plaintiff attorneys are using AI to identify high-damages cases, favorable jurisdictions, and winning arguments—driving a spike in verdicts over $10 million. At the same time, defense lawyers and insurers are adopting tools like NaVeL to spot high-risk cases early and craft smarter strategies. As AI reshapes legal practice, the very technology accelerating massive awards may also be the best hope for containing them.

  • Supreme Court to Reconsider Separate Sovereignties

    The Supreme Court’s decision to review Barrett v. United States signals a potential shift in how the long-standing “separate sovereignties” exception to the Double Jeopardy Clause is applied. This article by guest contributor Bret Thurman offers a deep dive into the historical, constitutional, and practical complexities of double jeopardy, from its roots in ancient Greece to modern-day interpretations. It explores how exceptions—like implied acquittals, mistrials, and fraud—have shaped the doctrine, and raises questions about whether dual prosecutions still make sense in today’s legal landscape.

  • Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab

    In this episode of the Emerging Litigation Podcast, you will discover the legal complexities of wildfire litigation as Ed Diab, founding partner of Diab Chambers LLP, unpacks the strategies used to establish liability against utility companies in the wake of Southern California’s devastating January 2025 wildfires. With over 100 lawsuits filed against power providers like Southern California Edison, plaintiffs—including public entities, individuals, and insurers—face an uphill battle proving negligence and inverse condemnation claims. Ed shares insights on case-building strategies, the role of expert investigations, key legal defenses raised by utilities, and the evolving litigation landscape. Tune in for a deep dive into how these high-stakes cases unfold. Don't miss this episode!

Emerging Litigation Podcast

Last Days of Patent Eligibility Confusion with Ryan Phelan

In this episode, we discuss the intricate landscape of patent eligibility in the United States, twin patent law decisions from the Supreme Court, and the proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions with seasoned patent attorney, Ryan N. Phelan of Marshall Gerstein. Listen now!

IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick

In this episode, we discuss the evolving landscape of NFTs – or non-fungible tokens – which have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. Guest Cameron Pick of Marshall Gerstein draws on his expertise in intellectual property law to provide insights into the changing dynamics of NFTs and the legal issues that accompany them. Tune in now!

Humans at Work with Leah Stiegler

In this episode, Leah M. Stiegler, principal attorney at Woods Rogers, shares practical solutions for a variety of challenges, like love at work, pregnancy at work, discord at work, harassment at work, and working overtime. She talks about gender identity protections, implicit biases, and microaggressions, plus conducting administrative investigations, and ideas to mitigate risk, stay out of court, and maintain a positive work environment. Enjoy now!

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Emerging Litigation Journal

AI tools may be the cause of the explosion in nuclear verdicts — and also the solution

Guest contributor Justin Ward discusses how artificial intelligence is both fueling and fighting the rise of “nuclear verdicts.” Plaintiff attorneys are using AI to identify high-damages cases, favorable jurisdictions, and winning arguments—driving a spike in verdicts over $10 million. At the same time, defense lawyers and insurers are adopting tools like NaVeL to spot high-risk cases early and craft smarter strategies. As AI reshapes legal practice, the very technology accelerating massive awards may also be the best hope for containing them.

Supreme Court to Reconsider Separate Sovereignties

The Supreme Court’s decision to review Barrett v. United States signals a potential shift in how the long-standing “separate sovereignties” exception to the Double Jeopardy Clause is applied. This article by guest contributor Bret Thurman offers a deep dive into the historical, constitutional, and practical complexities of double jeopardy, from its roots in ancient Greece to modern-day interpretations. It explores how exceptions—like implied acquittals, mistrials, and fraud—have shaped the doctrine, and raises questions about whether dual prosecutions still make sense in today’s legal landscape.

Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits

Justin Ward examines the recent federal court injunction against President Trump’s executive orders targeting Diversity, Equity, and Inclusion (DEI) programs. While the ruling temporarily halts enforcement of these orders, legal experts suggest it’s unlikely to slow the growing wave of “reverse discrimination” lawsuits. Since the Supreme Court’s 2023 decision in Students for Fair Admission v. Harvard, more than 100 claims alleging discrimination against majority groups have been filed. Additionally, state legislation and an upcoming Supreme Court case, Ames v. Ohio Department of Youth Services, could further lower the bar for such claims, potentially fueling even more litigation.

HB Webinars on CeriFi LegalEdge

Catastrophic Wildfires Recovery – Get the Most from Your Insurance Coverage

Take this CLE webinar and gain a better understanding of the complex insurance coverage and remediation issues arising from wildfire disasters, including property damage claims under commercial all-risk and homeowners insurance, valuation provisions like replacement cost and ACV, and time element coverages such as business income loss, civil authority coverage, and additional living expenses. We feature experienced insurance recovery attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold of Anderson Kill, P.C. Take it now or when you're ready. It's on demand!

Class Action Defense: Key Developments on the Arbitration Front

Gain a better understanding of the key developments on the arbitration front related to class action defense, including the key U.S. Supreme Court rulings shaping the litigation landscape and the main arbitration trends to remain vigilant for on a CLE webinar featuring experienced class action defense attorneys Gerald L. Maatman, Jr. and Eden E. Anderson. Register today!

Trends and Strategies in Wage & Hour Class and Collective Actions

Gain a better understanding of the Fair Labor Standards Act (FLSA) and wage and hour collective actions, get up to date on significant trends and recent key settlements in this area of law, and grasp the main considerations for conditional class certification and decertification and the key collective action rulings handed down in 2023 on a CLE webinar featuring experienced class action defense litigators Gerald L. Maatman, Jr., Jennifer A. Riley, and Greg Tsonis. Sign up today!

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