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Emerging Litigation Podcast
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. [...]
Persuasion Science for Trial Lawyers with John Blumberg
Persuasion Science for Trial Lawyers with John Blumberg John joins me to discuss his study of the science behind persuasion. He examines a number of important concepts for trial attorneys, such as how emotions overcome rational thought, and how mental fatigue interferes with how we receive information, leading us to take mental shortcuts rather than doing the hard work of critical thinking. He also writes about understanding the differences between liberal and conservative brains. In addition to being an author, John is a board-certified trial attorney based in Long Beach, California. He handles both legal and medical malpractice litigation and is on American Board of Trial Advocates. You will especially want to hear my contributions, such as what I know about the rule of threes. For example, a joke about a doctor, a lawyer, and a duck is much funnier than one about just a doctor and a lawyer. Unless, of course, at least one of them is a duck. 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 you learned from John, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast "Your proposition may be good, but let’s have one thing understood: Whatever it is, I’m against it. And even when you’ve changed it or condensed it—I’m against it!" —Professor Wagstaff (Groucho Marx) in the 1932 movie Horse Feathers Attorney John P. Blumberg’s new book, Persuasion Science for Trial Lawyers, published by Fastcase Full Court Press, “takes [...]
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Emerging Litigation Journal
Supplier Beware: The DOJ & FTC Investigating Manufacturing & Supply Chains
The Author Jennifer M. Driscoll (jdriscoll@rc.com) is counsel with Robinson+Cole in New York where she focuses on investigations, litigation, arbitration, mergers, and counseling. She has extensive experience in the medical devices, pharmaceuticals, electronics, and automotive industries. 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. Supplier Beware: DOJ & FTC Investigating Manufacturing & Supply Chain Issues “Although competitors may attend trade association meetings, the company representative in attendance should be well versed on the line between lawful discussions and ruses to disguise unlawful collusion in violation of the Sherman Act.” Abstract: Challenged by the pandemic, the global supply chain has generated a heightened amount of scrutiny for its impact on the economy, the labor market, the delivery of goods and services, and national security. Attention from the Biden administration portends an era when the federal government will shine a spotlight on the supply chain to root out misconduct. In this article, the author reviews recent supply chain disruptions and reactions from the DOJ and FTC, as well as the government’s efforts to support competition in the labor markets by eliminating noncompete agreements in employment contracts. Finally, she discusses proactive steps companies can take to mitigate the risk that they will find themselves the subject of a government investigation. Download the article now!
Medical Monitoring and PFAS Litigation—A Significant Growing Trend
The Author John P. Gardella (jgardella@cmbg3.com) is a shareholder with CMBG3 Law and a recognized thought leader on PFAS issues. In his environmental and toxic torts practice, he represents companies ranging in size from small shops to the Fortune 100. John is also 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. Medical Monitoring and PFAS Litigation—A Significant Growing Trend "The arguments in favor of medical monitoring as a cause of action in lawsuits stem from the notion that having such programs funded by allegedly tortious companies promotes the public health benefit of early detection, which in turn often results in lower health care costs to plaintiffs and society at large." Abstract: Medical monitoring as a tort claim is a hot-button issue in toxic torts, personal injury, and product liability litigation. The ubiquity of PFAS chemical compounds and the real and potential harm to health and the environment they create make examination of the medical monitoring debate specific to this burgeoning litigation worthy of individual attention. This article provides an explanation of PFAS, a brief overview of medical monitoring claims, how PFAS medical monitoring claims have impacted the litigation thus far, and what legal cases are pending that could alter the course of traditional medical monitoring litigation in the future. Download the article now!
The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies) GalleryThe Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies)
The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies)
The Author Edgar C. Gentle III (egentle@gtandslaw.com) is founder and managing partner of Gentle, Turner, Sexton & Harbison LLC in Birmingham, Alabama, where he focuses on complex commercial litigation, mass torts, and class actions. He also serves as a court appointed neutral and settlement administrator. 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 Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies) "States that allow medical monitoring do so when a group of claimants has been exposed to a known hazardous substance, such as lead, or a dangerous product, such as football helmet concussions, or air decompression in an airplane, through the conduct of the Defendant, with the claimants therefore being at increased risk of contracting disease. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years, to see if they contract the disease linked to the toxic substance or dangerous product. Thus, medical monitoring recognizes the long-term harmful nature of toxins and man-made products, thereby matching a remedy with the malady." Abstract: The author administers six mass tort settlements with a medical component, including two with medical monitoring. This article reviews the status and history of medical monitoring, known claimant medical monitoring participation rates, the rationale for the remedy, arguments for and against its implementation, and its execution in practice. The author suggests a more holistic medical monitoring remedy, which includes not only testing/or disease but paying claimants for personal injury when they get sicker later, from a capped fund and under an agreed payment matrix, to provide closure to defendants and class members for claims resulting from toxic substances and product [...]
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