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 Achievement [...]
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 media. [...]
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Emerging Litigation Journal
Insurance Coverage for Digital Assets: Mitigating Losses in Cryptocurrency and Non‐Fungible Token Markets by Scott DeVries, Jessica Cohen-Nowak and Adriana Perez of Hunton Andrews Kurth GalleryInsurance Coverage for Digital Assets: Mitigating Losses in Cryptocurrency and Non‐Fungible Token Markets by Scott DeVries, Jessica Cohen-Nowak and Adriana Perez of Hunton Andrews Kurth
Insurance Coverage for Digital Assets: Mitigating Losses in Cryptocurrency and Non‐Fungible Token Markets by Scott DeVries, Jessica Cohen-Nowak and Adriana Perez of Hunton Andrews Kurth
Companies and individuals are riding the ups and downs of cryptocurrency and NFTs—with losses and swings in the billions of dollars—but digital assets are not going away. Abstract: The risk of loss in certain categories may be mitigated by insurance, whether provided by tailored policies and/or under policies designed specifically for digital asset owners. Those with exposure to the digital asset sector should be attuned to the emerging marketplace for such insurance products. While it is early days for NFT-specific coverage, the rise of cryptocurrency has created a substantial marketplace for crypto coverage. Insurers are becoming increasingly able to model and assess risk, so more products are coming to market. That said, digital asset holders need to be able to select coverage that best suits their needs. In this article, the authors discuss the history and status of coverage for digital assets to assist readers in exploring how they might use insurance to mitigate risk in this emerging and rocky sector of global finance. "Over the course of a decade, the marketplace for cryptocurrency has increased from zero to an estimated $250 billion. However, only $6 billion in insurance coverage is currently available. It would be a gross understatement to say that there is a truly remarkable imbalance between market value and insurance capacity." Introduction Crypto markets are experiencing the greatest crash in their history to date. The value of a Bitcoin (BTC) has plummeted 70% from its peak and Ethereum (ETH) has fallen 77%. Since last November, the value of cryptocurrency tokens has lost $2 billion in value. As noted financial publication Barron’s put it: “Crypto is having a ‘Lehman moment,’ a shattering of confidence triggered by plunging asset prices, liquidity freezing up, and billions of dollars wiped out in a few scary weeks.” Cryptocurrency companies are halting withdrawals and transfers, platforms are seizing up, and regulators [...]
The Environmental, Social, and Governance Police Have Arrived: Is Your Insurance Ready? by Robert D. Chesler and Dennis J. Artese
The Authors Robert D. Chesler (rchesler@andersonkill.com) is a shareholder in Anderson Kill’s New Jersey office and is a member of the firm’s Cyber Insurance Recovery Group. He represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Dennis J. Artese is a shareholder in Anderson Kill’s New York office and chairs the firm’s Climate Change and Disaster Recovery Group. Both are members of the Editorial Advisory Board of the Journal. 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. The ESG Police Have Arrived: Is Your Insurance Ready? "ESG has become a major initiative for corporate America. In particular, the environmental prong of ESG calls for companies to institute sustainability goals and to invest in environmentally friendly companies. This emphasis has both economic and popular support. Environmental sustainability will make companies better able to compete and make their businesses less risky." Abstract: The environmental, social, and governance movement is a positive one, but like many well-intentioned efforts there is room for abuse and risk. As corporations endeavor to earn accolades and good will for “doing the right thing,” they must also be certain they truly are. In this article the authors discuss increased government scrutiny, the attendant risks of implementing and reporting on ESG initiatives, insurance coverage implications for directors and officers, the pollution and other exclusions, the potential civil fines and penalties, and what companies can expect in the era of ESG. Download the article now! Podcast 1 of 2 series: Insurance Coverage with Dr. Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler. Podcast 2 of 2 series: PFAS Insurance Coverage with Robert D. Chesler of Anderson Kill. Sister [...]
Announcing the Complex Litigation Ethics Conference
A leading academic and practitioner, Joshua P. Davis (davisj@usfca.edu) is a nationally recognized expert on legal ethics and class actions, as well as on artificial intelligence in the law, antitrust, civil procedure, free speech, and jurisprudence. He has published more than 30 scholarly articles and book chapters on these subjects and is currently writing a book on AI titled Unnatural Law, which will be published by Cambridge University Press. He is Research Professor of Law at the University of California Hastings College of Law, and a Shareholder of the Berger Montague PC law firm and Manager of its new San Francisco Bay Area Office. Before taking these posts, for more than 20 years Davis was a tenured Professor of Law at University of San Francisco Law School, where he also served as the Director of the Center for Law and Ethics. Davis is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation, published by Fastcase Full Court Press. Tom Hagy, Editor in Chief. An expert in civil procedure and federal courts, Professor Scott Dodson is the James Edgar Hervey Chair in Litigation and Geoffrey C. Hazard Jr. Distinguished Professor of Law at UC Hastings Law. He has published seven book titles, including The Legacy of Ruth Bader Ginsburg (Cambridge 2015) and New Pleading in the Twenty-First Century (Oxford 2013). He has written around 100 shorter works appearing in such journals as Stanford Law Review, New York University Law Review, Michigan Law Review, University of Pennsylvania Law Review, California Law Review, Virginia Law Review, Duke Law Journal, Northwestern University Law Review, Georgetown Law Journal, American Journal of Comparative Law, American Journal of International Law, and Law & Society Review. His scholarly writings have been cited in more than 30 court opinions and have been downloaded more than 45,000 times. For 2010-14, he was listed as the 9th [...]
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