Emerging Litigation Podcast
The Role of Litigation and Regulation in Making the Web More Accessible with Guests Ken Nakata and Hiram Kuykendall
According to the International Agency for the Prevention of Blindness there are 43 million people around the world living with blindness, and 300 million living with moderate to severe visual impairment. Put those statistics next to these: There are nearly 2 billion websites, and 550,000 created every day. Shouldn’t sight-impaired people have the same access to these sites as sighted people? Of course they should. There is good news. After previously announcing guidance, the DOJ says new regulations are on the way under Title II of the Americans with Disabilities Act, which describes the obligations for state and local governments. My guests say there are many reasons to be excited about this. My guests say there are many reasons to be excited about this. Ken Nakata is Co-Founder and Principal at Converge Accessibility, whose solutions help make sure websites and other technologies are accessible to people with disabilities. Ken is former Senior Trial Attorney with the DOJ Disability Rights Section where he developed nationwide ADA policies for the internet. Joining Ken is Hiram Kuykendall, Chief Technology Officer at Microassist, an Austin-based learning and development consulting. Hiram is a technical leader with hands-on experience in instructional design and digital accessibility. 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 Host Emerging Litigation Podcast P.S. Anytime I make a self-effacing remark about my ignorance concerning this or any subject, it's strictly for entertainment value, a story I will cling to with every fiber of my being. Ken Nakata is Co-Founder and [...]
Litigation’s Role in Gun Safety Advocacy with Adam Skaggs
We’re closing in on 400 million guns in America, weapons that have been used to kill 1.5 million Americans between 1968 and 2017. Can litigation be an effective tool in curbing this loss of life? In 2020 alone there were more than 45,000 gun deaths. The beyond tragic and senseless mass shootings at schools has become all too routine. Most Americans want stricter gun laws which they believe will reduce the senseless killing in our country, which leads the world in both the number of privately owned firearms and gun-related deaths. The Supreme Court, of course, didn't take public opinion into account when it struck down a more than century old New York City ban on concealed firearms. Politicians do, however, pay close attention to polls. At the federal level, President Joe Biden signed a bipartisan law designed to make Americans safer in our gun-toting nation. Hailed as a "great start" and a rare but welcome exercise in reaching across the aisle, the law will result in safer citizens, but didn't include much of what gun advocates say is really needed to effect meaningful change. In California, Governor Gavin Newsom signed a new law that gives citizens incentives to pursue gun manufacturers and dealers who sell illegal firearms. In New York, Democratic leaders, undaunted by the Supreme Court, have pushed through new gun restrictions at vulnerable locations like schools, malls, and stadiums. But what can lawyers and lawsuits do about it? Plenty. What reasonable measurers can be put into place that will not infringe on Second Amendment rights? Several. Are we seeing litigation over these issues? You bet. For more specifics, listen to my interview with Adam Skaggs, chief counsel and policy director at leading gun safety advocacy group Giffords Law Center, co-founded by former Congresswoman Gabby Giffords. Prior to Giffords Law Center Adam was senior counsel at Everytown for [...]
High-Asset Divorce Litigation with Robert D. Boyd and Kimberli C. Withrow
High-Asset Divorce Litigation Let's assume this is good news. The divorce rate appears to be coming down. Either people are more committed to these unions or have succumbed to lifetimes of misery. But the common belief -- that "50% of all marriages end in divorce" -- doesn't enjoy statistical support. Six percent of people who divorce get back together, so that's something, too. According to Monster.com, the rate is higher among people working in fading industries, like certain machine operators. Despite frequent coverage of Hollywood breakups, they don't mention entertainers, other than dancers and choreographers, who don't fare well in marriage. Lawyers, in general, do not have a particularly high divorce rate. For insights into high-asset divorces, listen to my interview with Robert D. Boyd and Kimberli C. Withrow of Boyd Collar Nolen Tuggle & Roddenbery. Bob Boyd is a widely recognized leader in the practice of high-net-worth divorce litigation and contested custody cases. He is a former prosecutor and a U.S. Army Ranger and Paratrooper. Education: J.D., West Virginia University (Editor-in-Chief, West Virginia Law Review); B.A., United States Military Academy at West Point. Kimberli Withrow has 16 years’ experience representing clients in family law matters. She has served as trial counsel and hearings involving divorce, child custody, and child support matters. Education: J.D., Emory University School of Law; B.A., Duke University.Speaking of which, this podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project produced by 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 today – or if you’d like a copy of John’s and [...]
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Emerging Litigation Journal
Autonomous Vehicles: The New Technology Driving the Litigation Conversation
The Authors Cort T. Malone (cmalone@andersonkill.com) is a shareholder in the New York and Stamford offices of Anderson Kill and practices in the Insurance Recovery and the Corporate and Commercial Litigation Departments. An experienced litigator, he focuses on insurance coverage litigation and dispute resolution, with an emphasis on commercial general liability insurance, directors and officers insurance, employment practices liability insurance, advertising injury insurance, and property insurance issues. John M. Leonard (jleonard@andersonkill.com) is a shareholder in Anderson Kill’s New York, New York, office, where he handles a full spectrum of insurance coverage matters, such as business interruption losses, D&O and E&O, commercial general liability, environmental liability. Joshua A. Zelen (jzelen@andersonkill.com) is a law clerk pending admission in Anderson Kill’s New York office. He focuses his practice on insurance recovery. 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. Autonomous Vehicles: The New Technology Driving the Litigation Conversation "The AEV Act requires a policyholder’s insurance company to cover third-party damage caused by a self-driving automated vehicle. A policy may not exclude such damages, except for damages suffered as a direct result of software alterations made without the policyholder’s knowledge, or failure to install safety-critical software updates." Abstract: So far, Congress has not been able to pass regulations governing the emergence of self-driving or autonomous vehicles. Twenty-one states and the United Kingdom are leading the way. As more of these vehicles take to the highway implications will emerge for the insurance industry. Auto insurance policies will have to determine how to insure against losses caused by nonhuman operators, commercial general liability policies will be affected when technology developers and car makers are sued for bodily injury and property damage arising from malfunctioning technology, and cyber policies [...]
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 [...]
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