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Mar 11: 2025 California Wildfires Prompt Wave of Suits
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Mar 3: Fall bellwether trials for social media addiction cases to test novel legal theories
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Mar 3: 22 States Sue New York Over Climate Fund, Calling It an ‘Unconstitutional Shakedown’
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Feb 27: When Litigation Financing Goes Wrong, Who Pays?
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Feb 25: Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?
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Feb 21: Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts
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Feb 20: California’s climate disclosure laws withstand initial US Chamber of Commerce challenge
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Feb 16: Appellate Lawyers at Trial: Don’t Wait Until Your Ox is in the Ditch with Jeff Doss
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Feb 11: Key Developments in Antitrust Class Action Litigation: Recent Developments, Key Class Action Trends, Significant Rulings, and Major Settlements Shaping the Future of Antitrust
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Feb 9: Catastrophic Wildfires Recovery – Get the Most from Your Insurance Coverage
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Feb 8: Class Action Defense: Key Developments on the Arbitration Front
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Feb 8: Trends and Strategies in Wage & Hour Class and Collective Actions
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Jan 21: Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill
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Dec 23: Last Days of Patent Eligibility Confusion with Ryan Phelan
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Dec 17: IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick
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  • 2025 California Wildfires Prompt Wave of Suits

    Bret Thurman provides an in-depth look at the surge of legal actions stemming from the catastrophic 2025 California wildfires, which caused widespread destruction across Southern California. He explores the numerous lawsuits filed against major utility companies like Southern California Edison (SCE) and the Los Angeles Department of Water and Power (LADWP), as well as actions against landlords accused of price gouging in the wake of the disaster. Key legal theories include negligence, inverse condemnation, and public nuisance, with plaintiffs arguing that mismanagement, delayed responses, and regulatory failures significantly contributed to the scale of the devastation. These cases could set important legal precedents for disaster liability and corporate accountability in California and beyond.

  • Fall bellwether trials for social media addiction cases to test novel legal theories

    Are social media platforms the next Big Tobacco? A major lawsuit argues they’re designed to be addictive—will the courts agree? Justin Ward explores the upcoming bellwether trials against major social media platforms like Instagram, TikTok, Snapchat, and YouTube. The consolidated lawsuits, involving over 1,900 claims, argue these platforms are deliberately designed to exploit young users and cause addiction—drawing comparisons to cases against nicotine and opioids. Ward examines the complex legal challenges, including First Amendment issues and Section 230 protections, as courts determine whether these claims of negligence and failure to warn will move forward. The trials could set major precedents for social media regulation and corporate accountability.

  • 22 States Sue New York Over Climate Fund, Calling It an ‘Unconstitutional Shakedown’

    Tim Zyla examines the high-stakes legal battle between New York and a coalition of 22 states, led by West Virginia, over the state’s newly enacted Climate Change Superfund Act. The law requires energy producers to pay $75 billion over 25 years to fund climate damage recovery efforts. The lawsuit, filed in federal court, argues that New York’s law is unconstitutional, overreaches state authority, and unfairly targets out-of-state energy companies. Plaintiffs claim the Act violates multiple constitutional provisions, including the Commerce Clause, Due Process, and Equal Protection Clauses, as well as federal environmental law. Meanwhile, a pro se West Virginia resident has filed a motion to dismiss the case, defending New York’s actions as necessary for public health and climate accountability. Zyla highlights how this case could set a major precedent for state-level climate initiatives and corporate liability for environmental damage.

  • When Litigation Financing Goes Wrong, Who Pays?

    The bankruptcy of Houston's AkinMears LLP highlights the risks of relying too heavily on third-party litigation financing and the broader implications for transparency, regulation, and financial sustainability in mass torts. The firm filed for Chapter 7 bankruptcy citing more than $200 million in debt owed to litigation funding companies Virage SPV 1 and Rocade Capital. According to Bloomberg Law’s U.S. Bankruptcy Tracker, AkinMears LLP was the only U.S. law firm filing for bankruptcy in January 2025 with $50 million or more in liabilities. In total, 12 large law firms declared bankruptcy in January 2025, up from seven in January 2024 but slightly below the 17 cases recorded in January 2023. Read our report by guest contributor Jennifer Holmes.

  • Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?

    Diana Gliedman, Dennis Nolan, and Fiona Hogan examine the impact of Mexico’s recent presidential decree banning certain foreign textile imports through the IMMEX program and increasing tariffs on textile products. The ban has disrupted operations for textile companies and third-party logistics providers, leading to unexpected costs, rerouting challenges, and supply chain delays. The authors outline how businesses may find relief through insurance policies such as Supply Chain Insurance, Business Interruption, Contingent Business Interruption, and Marine Cargo/Stock Throughput Insurance. They emphasize the need for swift action to review coverage, notify insurers, and document losses to maximize potential claims.

  • Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts

    With federal PFAS regulations in limbo, lawsuits targeting “forever chemicals†are expanding—what does this mean for businesses and consumers? Justin Ward examines the uncertain future of PFAS (“forever chemicalsâ€) regulation and litigation after former President Trump rolled back a draft rule expanding Biden-era guidelines. The rising PFAS lawsuits are increasingly targeting consumer product manufacturers alongside chemical companies. Despite concerns over deregulation, several states have enacted their own strict PFAS rules, ensuring continued legal challenges and regulatory pressure. Read our report by guest contributor Justin Ward.

Emerging Litigation Podcast

The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone

The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone Joining me to discuss this high-stakes litigation is Sandra M. Cianflone of Hall Booth Smith, P.C.  Sandie counsels and defends hospitals, physicians, nurses and institutional employees in a broad spectrum of catastrophic injury and medical malpractice cases. She received her Juris Doctorate from Pace University School of Law and her undergraduate degree from Fairleigh Dickinson University. 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, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Sandie is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the forthcoming issues of the Journal. Note that in my introduction I have created the phrase "badly wrong," which is, itself, badly wrong.  Listen to the bitter end when Sandie and I discuss working from home, and how we really feel about family and co-workers.  Feel free to scold me at the email address provided. I hope you enjoy the interview and this professional's practical insights into defending healthcare providers. Tom Hagy Damage awards against physicians, hospitals, and other healthcare providers have been coming in bigger and bigger, with juries awarding more than $20 million in a string of cases that should send chills down the spines of defendants and counsel.  What are the factors behind this trend? Besides the severe (or even alarming)  nature of the harm alleged, what is fueling these mega verdicts? What can defense attorneys do, knowing they are facing a well-organized, well-funded plaintiffs bar? For that matter, what can defense attorneys learn from their opponents? What strategies can defense employ early in [...]

August 12th, 2021|Tags: , , , , , , , |
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Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano

Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano Joining me to discuss this important issue is Ondrej Krehel, CEO & Founder of LIFARS, a New York-based incident response and digital forensics firm specializing in cybersecurity protection. Ondrej is recognized for his digital forensic expertise and ethical hacking skills. He participates in high-profile engagements around the world using his proprietary methodology to achieve the most rapid root-cause analysis and remediation. He is a former lecturer at FBI Training Academy who has led forensic investigations and cybersecurity involving the U.S. government, including military cyber special operations. He holds a Ph.D. in Computer Forensics from Police Academy in Bratislava, Slovakia, an M.S. degree in Mathematical Physics from Comenius University in Bratislava, and an Engineering Diploma from Technical University in Zvolen, Slovakia. Joining Ondrej and me is Gaspare J. Marturano, Chief Marketing Officer at LIFARS. Gaspare is a former Director of Information Systems for a large Connecticut law firm and has consulted on these issues with a number of other law firms. 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. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Ondrej and Gaspare are, please drop me a note at Editor@LitigationConferences.com. I particularly enjoyed hearing about what one kid was doing at 17, an age when I was certain I would be sought out for my rock drumming artistry. Of course, that kid was operating a criminal enterprise. I was just trying to impress girls. Tom Hagy Law firms are sweet targets for hackers given the rich data they store, from intellectual property to confidential merger details to personal and health [...]

August 3rd, 2021|Tags: , , , , , |
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Plastics-Related Liabilities and Insurance Recovery with Mikaela Whitman

Plastics-Related Liabilities and Insurance Recovery with Mikaela Whitman Joining me to discuss this important civil statute is Mikaela Whitman for what was an informative and insightful podcast on this potentially enormous area of litigation. It’s based on her article — One Word: Plastics. Two Words: Pollution Exclusion. Why CGL Policies Should Cover Plastics-Related Liabilities — which will be featured in the inaugural issue of the Journal on Emerging Issues in Litigation  in January 2021. Mikaela (mwhitman@pasichllp.com) is a partner in Pasich LLP’s New York office and a member of the firm’s insurance recovery practice. Her practice focuses on the representation of insureds in all phases of insurance coverage recovery, from pre-suit negotiations through alternative dispute resolution and litigation. The Journal and Podcast are part of a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how awesome Mikaela is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview. As we see liability actions relating to plastics creeping into the nation's dockets, what types of claims will survive? How much more of this might we see? And if it really hits the fan, how will insurance companies respond? Will policyholders find protection in their comprehensive general liability policies? Their directors and officers policies? Other policies?  

July 28th, 2021|Tags: , , , , , |
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