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  • Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability

    Social media platforms are under mounting legal pressure as courts scrutinize how algorithms amplify dangerous viral trends. In Nazario v. ByteDance Ltd., a New York judge allowed a wrongful death lawsuit against Meta and TikTok to move forward after a teen died attempting a “subway surfing” stunt allegedly promoted by their platforms. In this article, Tom Hagy examines how the decision challenges long-standing Section 230 protections and signals a shift toward treating social media as potentially defective products when design and targeting harm young users. This case—and others involving viral challenges and youth safety—may redefine platform liability for years to come.

  • Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility

    The world’s leaders still don’t agree on what, if anything, to do about climate change – despite mounting evidence that, as a planet, we are in the soup. A major ruling from the International Court of Justice says states have an obligation to save the planet, as the U.S. president is enthusiastically sprinting the other way, inspiring cheers from his base and jeers from scientists. As for domestic litigation designed to pin liability on the fossil fuel industry, a case in South Carolina faltered as another in Hawaii is clearing hurdles. Read the update from Tom Hagy.

  • CEO Depositions and the Apex Doctrine with Rachel Lary

    Can a CEO be forced to sit for a deposition? In this episode of the Emerging Litigation Podcast, national trial lawyer Rachel M. Lary of Lightfoot, Franklin & White unpacks the Apex Doctrine—a legal standard designed to shield high-ranking executives from unnecessary depositions. Rachel explains how courts assess executive knowledge, alternative discovery options, and the growing body of case law shaping this issue across jurisdictions. A must-listen for litigators navigating discovery strategy in high-stakes cases.

  • From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick

    Trial attorney and litigation consultant Elizabeth Larrick shares what more than 1,000 virtual focus groups have taught her about trial prep, from testing case narratives to refining jury selection. In this episode of the Emerging Litigation Podcast, discover how Zoom-based sessions reveal surprising insights into witness credibility, evidence presentation, and what really resonates with jurors—yes, even their take on orange socks.

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    DEI Programs as a Source of Liability for Law Firms and Other Businesses

    Two recent cases against international law firms point to an emerging trend in litigation that could have wide-spread implications for diversity, equity, and inclusion (DEI) programs. The author, William "Billy" Jones examines these recent cases filed against the law firms for their DEI fellowships and the potential impacts for law firms and other private businesses.

  • Judge finds flaws in motion for an injunction against Trump’s wind turbine order

    While Trump’s freeze on offshore wind permits faces legal challenge, a federal judge isn’t convinced the states bringing the case have shown enough harm. In this article, guest contributor Justin Ward explains why the motion for an injunction was denied, what it means for the broader battle over renewable energy, and how executive power could stall green infrastructure without ever breaking the law.

  • Sexual Abuse & Insurance

    Join Marshall Gilinsky and John Lacey of Anderson Kill, along with Brian Della Torre of ARMR, for a CLE webinar focused on navigating sexual abuse claims through insurance recovery. Learn how to locate and leverage historic liability policies, understand allocation and occurrence issues, and overcome common insurer defenses. Discover how institutions can access valuable coverage through strategic claims, litigation tactics, and insurance archaeology.

  • Apple Watch band PFAS lawsuit highlights health and safety concerns

    Class action alleges Ziploc misled consumers about harmful microplastics in its products

    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.

  • Apple Watch band PFAS lawsuit highlights health and safety concerns

    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.

Emerging Litigation Podcast

Appellate Lawyers at Trial: Don’t Wait Until Your Ox is in the Ditch with Jeff Doss

In this episode of the Emerging Litigation Podcast, you will discover how appellate counsel can strengthen trial strategy and improve post-verdict outcomes in high-stakes cases. Our guest, Jeffrey P. Doss, a partner in the White-Collar Criminal Defense & Corporate Investigations practice group at Lightfoot, Franklin & White LLC, explores their critical role in error preservation, evidentiary challenges, and navigating appeals. Don't miss this episode!

Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill

The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. In this episode, three seasoned attorneys discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. They also talk about a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact. Check out our interview with Anderson Kill attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold. They know this area of the law inside and out.

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!

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Emerging Litigation Journal

From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick

Trial attorney and litigation consultant Elizabeth Larrick shares what more than 1,000 virtual focus groups have taught her about trial prep, from testing case narratives to refining jury selection. In this episode of the Emerging Litigation Podcast, discover how Zoom-based sessions reveal surprising insights into witness credibility, evidence presentation, and what really resonates with jurors—yes, even their take on orange socks.

DEI Programs as a Source of Liability for Law Firms and Other Businesses

Two recent cases against international law firms point to an emerging trend in litigation that could have wide-spread implications for diversity, equity, and inclusion (DEI) programs. The author, William "Billy" Jones examines these recent cases filed against the law firms for their DEI fellowships and the potential impacts for law firms and other private businesses.

Judge finds flaws in motion for an injunction against Trump’s wind turbine order

While Trump’s freeze on offshore wind permits faces legal challenge, a federal judge isn’t convinced the states bringing the case have shown enough harm. In this article, guest contributor Justin Ward explains why the motion for an injunction was denied, what it means for the broader battle over renewable energy, and how executive power could stall green infrastructure without ever breaking the law.

HB Webinars on CeriFi LegalEdge

Generative AI & Insurance

Join Marshall Gilinsky, Shareholder at Anderson Kill; Tiago Henriques, Chief Underwriting Officer at Coalition Insurance; Colleen Murphy, Partner at Goldberg Segalla; and Marc Schein, CIC, CLS, Risk Management Consultant at Marsh McLennan Agency, for a CLE webinar exploring how generative AI is transforming the insurance industry—from underwriting to claims handling. Gain insight into emerging risks, E&O considerations, and how AI tools are reshaping policies, liability, and the future of insurance coverage.

Forever Chemicals: Insurance Recoveries for PFAS Liabilities

Take this CLE webinar and gain a better understanding of the evolving legal, regulatory, and insurance landscape surrounding PFAS ("forever chemicals") and their growing impact on businesses and insurers. We feature experienced insurance recovery attorneys Bob Horkovich and Cameron Argetsinger and environmental experts Arthur J. Clarke and Walker Prentke from J.S. Held. Take it now or when you're ready. It's on demand!

Post-Hurricane Coverage and Claims Adjustment Issues​

Take this CLE webinar and gain a better understanding of ey insurance coverage issues arising from Hurricanes Helene and Milton, including business interruption claims, deductibles, flood sublimits, and strategies to address delays in the claims adjustment process. We feature experienced insurance recovery attorneys Dennis Artese, Marshall Gilinsky, Joshua Gold, and Grant Brown of Anderson Kill, P.C. Take it now or when you're ready. It's on demand!

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