Emerging Litigation Podcast
Insurance Coverage for PFAS Claims
PFAS Insurance Coverage with Robert D. Chesler of Anderson Kill Listen to my interview with Anderson Kill's Robert D. Chesler, a preeminent expert on insurance coverage law especially in the context of highly complex long-tail claims scenarios involving multiple parties and events that can span decades and always cost many millions of dollars. Considered by many to be an insurance guru on these cases -- as well as on D&O, cyber and privacy, and intellectual property insurance -- Bob holds a Ph.D. and masters degree from Princeton University, and a J.D. (cum laude) from Harvard Law School. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, and Bob is one of our most valued editorial advisors. 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, or want to tell me how much you learned from Bob, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Host and Litigation Enthusiast P.S. The fact that I make myself laugh during these interviews probably has less to do with the subject matter (most definitely, is more precise) or my sense of humor, and more to do with cabin fever. Or I'm just nuts. The PFAS family of chemicals is one stubborn bunch. They are a class of man-made products dubbed "forever chemicals," because of the difficulty of removing them from the environment, humans, and other animals. They are also at the center of sprawling litigation around the country involving alleged property damage, water contamination, and bodily injury. More than 1,500 cases are consolidated in closely-watched multi-district litigation in federal court in South Carolina. Listen to [...]
The Impact of Sanctions on Russia on Global Financial Markets with Brad Rustin
The Impact on Global Financial Systems of U.S. Sanctions on Russia with Brad Rustin But what risks do American corporations and financial institutions face in light of these measures? What difficult reverberations will companies feel across the world? What should global businesses and FinTechs be doing right now to avoid, among other things, violating the restrictions imposed by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC)? What role will cryptocurrency play in all of this? Also, do institutions whose data are stored in Russia and Ukraine face an additional risk as a parallel (albeit less horrific) battle rages on in cyberspace? Listen to my interview with Brad Rustin, a partner with Nelson Mullins Riley & Scarborough LLP and chair of the firm’s Financial Services Regulatory Practice. Brad is a highly regarded FinTech law and industry expert. This will be apparent when you listen. Brad is also on the Editorial Advisory Board of the Journal on Emerging Issues in Litigation. This is a special rapid-release episode given we feel the insights Brad shares are insights business and FinTech’s -- and their attorneys -- urgently need to hear. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, 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, or want to tell me how much you learned from Brad, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Host and Litigation Enthusiast P.S. We did not get to discuss Russia’s retaliatory sanctions against President Biden, his son, Hunter, and Hillary Clinton. No word on sanctions against the Biden dogs. Oh! This just in from People magazine: “Hillary Clinton Thanks Russia for 'Lifetime [...]
Social Inflation’s Impact on Jury Verdicts
Social Inflation's Impact on Jury Verdicts in Healthcare Litigation Our guests wrote in the Journal on Emerging Issues in Litigation: “These outsize awards are often driven by myriad factors including sympathetic jurors, societal conceptions about income and wealth of corporations, the use of emotion-driven ‘Reptile Theory’ tactics by plaintiff attorneys, the media spotlight on ‘bad apple’ physicians, and numerous other social factors. A new factor that influences elevated jury verdicts is the increasing volume of information—whether true or false—that is exchanged on social media platforms.” Listen to my interview with Hall Booth Smith P.C. attorneys Sandra Cianflone, Samantha Myers, and Lindsay Nishan, each of whom represents members of the healthcare industry, as they discuss what drives large verdict and what attorneys should consider in mitigating the effects of this phenomenon. In keeping with tradition, we may have strayed a bit from the topic. One guest’s Aunt Lulu made an appearance. It turns out Covid lockdowns may have produced more enthusiastic jurors. And I added another reason why writing and podcasting, and not the practice of law, was a better career path for me. (Apparently lawyers aren’t supposed to laugh in people’s faces. Noted.) This podcast is the audio companion to the Journal on Emerging Issues in Litigation, 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, or want to tell me how much you learned from Sandie, Sam, Lindsay, or Aunt Lulu, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Litigation Enthusiast Host of the Emerging Litigation Podcast Jurors' perceptions of big corporations, insurance companies, drug companies, physicians and other healthcare providers is increasingly colored by TV and social [...]
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Emerging Litigation Journal
Analysis of Target Decision that Loss-of-Use Damages Included Card Replacement Costs Post-Data Breach | By Joshua Mooney, Judy Selby, and Tracey Kline | Kennedys Law GalleryAnalysis of Target Decision that Loss-of-Use Damages Included Card Replacement Costs Post-Data Breach | By Joshua Mooney, Judy Selby, and Tracey Kline | Kennedys Law
Analysis of Target Decision that Loss-of-Use Damages Included Card Replacement Costs Post-Data Breach | By Joshua Mooney, Judy Selby, and Tracey Kline | Kennedys Law
A Significant Deviation: Target v. Ace Finds Loss-of-Use Damages Included Post-Breach Card Replacement Analysis On March 22, 2022, the United States District Court for the District of Minnesota ruled that two ACE insurers were obligated to indemnify Target Corporation (“Target”) for the amounts it paid to settle claims related to replacement of payment cards impacted in a data breach, vacating an earlier decision in which the court found that Target was not entitled to coverage. Target Corp. v. ACE Am. Ins. Co., No. 19-CV-2916 (WMW/DTS), 2022 WL 848095 (D. Minn. Mar. 22, 2022), vacating 517 F. Supp. 3d 798 (D. Minn. 2021). The new decision deviates from how other courts have evaluated general liability coverage for damages because of “loss of use of tangible property that is not physically injured.” Insurers would do well to take notice. Background In 2013, Target was the victim of a massive data breach that occurred after hackers installed malicious software on its computer network, which enabled them to steal the payment card data and personal contact information of an estimated 110 million individuals with Target payment cards (the “Data Breach”). Multiple lawsuits were brought against Target, including suits by financial institutions (the “Issuing Banks”) that had issued debit and credit cards (the “Payment Cards”) affected by the Data Breach. The Issuing Banks filed class action lawsuits against Target, which were consolidated, along with various consumer suits, in the United States District Court for the District of Minnesota, in In re: Target Corporation Customer Data Security Breach Litigation, All Financial Institutions Cases, MDL No. 14-2522 (the “Issuing Banks Litigation”). In their Consolidated Class Action Complaint, the Issuing Banks asserted various causes of action against Target, including a claim for negligence by which they alleged that Target breached its duty to implement adequate technical systems or security practices that could have prevented the loss of customers’ sensitive personal and financial [...]
Flying Cameras: Gaps in Drone Regulation and How Courts Can Fill Them … at Least for Now
Authors With deep experience in the law and regulation of unmanned aerial vehicles, Kathryn practices in the Providence, R.I., offices of Robinson+Cole. She is a member of the firm’s groups that focus on business litigation, data privacy and security, and drone compliance. Kathryn is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation and the Emerging Litigation Podcast. Blair Robinson is a cybersecurity intern at Robinson+Cole. She will graduate in 2023 with a J.D. from the Roger Williams University School of Law to complement her Masters of Science degree in Cybersecurity also from Roger Williams University. Get CLE Flying Cameras: Gaps in Drone Regulation and How Courts Can Fill Them … at Least for Now Drones have rapidly transformed dozens of industries since hitting the commercial market. International aid groups use medical drones to deliver life-saving medications and vaccines to remote areas. Agricultural drones have revolutionized how farmers tend their fields. Film and television producers embrace drones for their ability to capture once prohibitively expensive or outright impossible camera shots. Hobbyists love the technology for a variety of recreational purposes. However, as drones have become increasingly commonplace, lawmakers and policymakers have struggled with effectively regulating this emerging domain. In addition, no federal law, state law, or industry best practice adequately addresses the unique privacy and cybersecurity risks drone operations pose. Until federal regulation catches up with the technology, lawyers could move courts to mitigate the issue by arguing for strict liability for drone operators and manufacturers. Although drones may seem like traditional aircraft, they actually pose unique privacy concerns. Drone systems rely on real-time and simultaneous data exchanges between the operator, GPS positioning, cloud-based processing and telemetry, and the drone itself. Each facet in such a complex system presents a new opportunity for attackers. Besides the vulnerability [...]
Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification
The Authors Co-founding partner at MoginRubin LLP, Jonathan Rubin focuses his legal practice exclusively on antitrust and competition law and policy. Based in Washington, DC, he has litigated and led trial teams in major antitrust cases throughout the country. He has published in influential academic journals and has spoken to numerous professional groups, including the Directorate General for Competition of the European Commission, the Antitrust Section of the American Bar Association, and the American Antitrust Institute. Dan Mogin, founding and managing partner of MoginRubin LLP, concentrates his practice on antitrust, unfair competition and complex business litigation. He has served as lead counsel in numerous large antitrust cases, chaired the Antitrust Section of the California Bar, taught antitrust law and was editor-in-chief of a leading competition law treatise. 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 OnDemand CLE Webinar: The Antitrust Case Against Google. Dan Mogin, Jonathan Rubin, Jennifer Oliver, Timothy LaComb, John Newman, Dr. Alan Grant Blog: FTC’s Case Against Facebook Will Test the Flexibility of U.S. Antitrust Law.Authors: Jonathan Rubin and Jennifer Oliver, MoginRubin LLP Blog: Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification. Jonathan Rubin, Dan Mogin. Journal: Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track by Jonathan Rubin Webinar: Class Certification After Olean v. Bumble Bee with Jonathan Rubin, James Bogan lll, Jonathan Cohn, Bradley Hamburger. Journal: FTC v. Amazon: Market Definitions and Section 5 of the FTC Act Podcast: Algorithmic Software Facilitated Price Fixing with Jonathan Rubin Plus, additional insights from the MoginRubin Blog. Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification “Nothing in Rule 23 suggests that the presence of more than a de minimis number of uninjured class members affects whether questions affecting only individual class [...]
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