Emerging Litigation Podcast
The Humble Beginnings and Wild Evolution of the TCPA with Joe Apatov
The Humble Beginnings and Wild Evolution of the TCPA with Joe Apatov Only $32 million! I mean, why bother even getting out of bed? Joining me to discuss the evolution of the TCPA is Joseph A. Apatov (japatov@mcglinchey.com), a member of the McGlinchey Stafford law firm’s Consumer Financial Services Litigation practice group. Based in their Fort Lauderdale office, Joe litigates on behalf of financial services clients in both state and federal courts, with an emphasis on defending banks, mortgage lenders and servicers, private-label card issuers, and automobile finance companies. Apologies for my trip down memory lane. Bear with me as I regale you with stories from the newsroom at Mealey’s Litigation Reports and the team’s anxious reliance on the "latest" technology: the facsimile machine. 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 Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much Joe enlightened you, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast “The Telephone Consumer Protection Act had humble beginnings,” our guest writes, “with the bill’s sponsor explaining that the statute would permit consumers to bring small claims cases ‘without an attorney,’ and provides for an ‘amount of damages … fair to both the consumer and the telemarketer.’ Twenty-eight years after its enactment in 1991, the Eighth Circuit Court of Appeals affirmed a District Court’s decision to reduce a $1.6 billion jury award in a TCPA class action to only $32 million because the former was ‘shockingly large’ and ‘oppressive,’ in violation of the Due Process Clause .....” [...]
Where’s Your Head? Managing the Mind in Mediation with Jeff Trueman
Where's Your Head? Managing the Mind in Mediation with Jeff Trueman Joining me to discuss this is Jeff Trueman, an experienced, full-time mediator and arbitrator. Jeff helps parties resolve a wide variety of litigated and pre-suit disputes and interpersonal problems concerning catastrophic injuries, professional malpractice, wrongful death, employment, family business dissolution, real property, estate, and domestic relations. He is a panel mediator for the American Arbitration Association; a panel arbitrator for the Financial Industry Regulatory Authority; a Distinguished Fellow of the International Academy of Mediators; a recipient of the Paul A. Dorf Alternative Dispute Resolution Memorial Award by the Bar Association of Baltimore City; and will soon hold an LLM from the Straus Institute for Dispute Resolution at the prestigious Pepperdine School of Law. Finally, did I really suggest that having a mediator with a bad hip could help achieve a faster resolution? Did I really give a review of the HBO original movie Oslo, which I consider a must-see for anyone interested in conflict resolution? Did I really compare married couples during Covid-19 lockdowns to angry bees in a jar? Listen and find out. Spoiler alert: Yes. Yes I did. 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 Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how Jeff really got you thinking, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast "Attorneys possess many of the same characteristics as their human cousins." Someone said that. Probably me. They often bring to their jobs cognitive barriers that get in the way of [...]
The Rise of Robojudges with Josh Davis
The Rise of Robojudges with Joshua Davis The good news for all of us, not the least of which are the robe and wig industries, is that we still have time. Artificial intelligence is advancing rapidly, but it's still not able to think like a learned jurist. We can say it will have flaws, but so do our human deciders. So it will be a tradeoff, right? What are the risks? What are the upsides? Will robojudges be able to absorb infinitely more information quickly? Will they hand down decisions free from the influence of bias? Wouldn't it be great to eliminate conflicts of interest? Joining me to discuss this not-so-out-there concept is Joshua P. Davis, a nationally recognized expert on legal ethics, class actions, and artificial intelligence in the law. He is Research Professor of Law at the University of California Hastings College of Law, and Shareholder and Manager of Berger & Montague, P.C.'s new San Francisco Bay Area Office. For more than 20 years Josh was a tenured Professor of Law at the University of San Francisco Law School, where he also served as the Director of the Center for Law and Ethics. Josh is authoring two books, one titled Unnatural Law, dealing with AI and the law, and a second on the important issue of class action ethics. Finally, remind me never to assume anything when I ask Josh a question. I said something like, "Surely we're not talking about sci-fi robots here," to which he basically said, "Not so fast." This happened more than once. When will I learn? 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, [...]
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Emerging Litigation Journal
Workplace Investigations: Proactive Assessments Mitigate the Risk of Costly Litigation in a Newly Remote Environment
The Author Stefani C Schwartz is Senior Managing Partner at the Hatfield Schwartz Law Group LLC. She has devoted her career to representing and advising employers in the complete spectrum of employment law, including discrimination, harassment, retaliation, and wrongful termination. Stefani is a member of the Editorial Advisory Board of 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. Workplace Investigations: Proactive Assessments Mitigate the Risk of Costly Litigation in a Newly Remote Environment "Investigations are a straightforward, efficient, and effective way to combat the risk of litigation because they reflect the best aspects of the employer–employee relationship: understanding, respect, communication, and shared goals." Abstract: “Bullying, discrimination, sexual harassment and other forms of workplace misconduct can create a crisis for any company—and trying to ignore or cover it up will make a bad situation worse.” That’s the warning from a December 2021 article for Forbes, which goes on to say that in addition the damage to an employer’s reputation, a study by workplace misconduct reporting service Vault Platform found that workplace misconduct cost U.S. businesses more than $20 billion in 2021. In this article, the author discusses how proactively conducting workplace investigations can reduce an employer’s risk of winding up in court and paying the considerable tangible and intangible costs of misconduct, a risk further complicated by an increasingly home-based workforce. Excerpt: During the past two years, the COVID-19 pandemic has introduced new factors in the ever-shifting area of employer liability: large-scale layoffs and furloughs, the introduction and/or expansion of possibilities for remote work, the drive for a safe return to the physical workplace, and the dual needs for vaccination and accommodation of religious objectors [...]
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 [...]
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