Emerging Litigation Podcast
The False Claims Act with Jack Siegal
The False Claims Act with Jack Siegal Joining me to discuss this important civil statute is Jack Siegal of McGlinchey Stafford in Boston. Jack's practice focuses on financial services litigation, complex commercial disputes, government investigations and white-collar defense, securities litigation, regulatory proceedings, and compliance. 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 Jack is , please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, and especially how I managed not to include Jack's answer to whether my dog could be sued for violating the FCA. "Nope. Not a person," he said, with zero hesitation. I want to thank Jack for immediately taking on the role as Shiloh's advocate, and for speaking with me about this important law. --Tom Hagy Unscrupulous contractors have been ripping off the federal government for as long as there has been a federal government. President Lincoln, tired of being sold lame mules and rancid rations, signed the Federal Claims Act into law during The Civil War. In the last two decades the government, with the help of whistleblowers, has raked in more than $20 billion.
Cryptocurrency with Stephen Palley
Cryptocurrency with Stephen Palley Joining me to discuss this paradigm-shattering model is Anderson Kill Partner Stephen D. Palley, a seasoned trial lawyer and litigator with extensive experience in complex commercial disputes like insurance recovery, securities litigation, and corporate governance. Stephen has significant hands-on software development and design experience. Based in the firm’s D.C. office, he is co-chair of its cross-disciplinary blockchain and virtual currency group. At several points during our conversation I referred to an article co-written by Stephen and his New York colleague Joshua Gold, titled Protecting Cryptocurrency Assets. Stephen earned his J.D. from Washington University, his M.A. from the University of Delaware, and his B.A. (cum laude) from Tufts University (Go Jumbos!). 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 Stephen is, please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, especially when Leo, my cat, knocked over my microphone and when Stephen educated me on the existence of the Weird Beard Festival and other whisker-based celebrations. --Tom Hagy Cryptocurrency assets now exceed $1.5 trillion globally. What a great innovation, as is the magic that makes these transactions possible. Of course, I’m talking about blockchain. The possibilities are endless on both counts. No central authority. No regulators. But (there’s always a but), thanks to the world’s miscreants, desperados and other baddies there is escalating potential for theft of these assets whether they are held in Bitcoin or other forms of digital currency. What should businesses consider if they plan to invest in virtual assets? How might they mitigate risk? What security measures should they have [...]
How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella
How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella Artificial intelligence has the capability to truly revolutionize how litigators work, and also how companies can avoid litigation in the first place. It can not only do the work of hundreds of people in mere seconds but can be used to predict liabilities before they become liabilities, and outcomes when disputes arise. Joining me to discuss the incredible present-day applications of AI in law and business, as well as the potential to do much more if humans will let it, is Arthur Crivella of Crivella Technologies Limited. For decades Art has been a leader in developing and applying advanced software engineering, systems engineering and AI methodologies, and holds numerous foundation patents in the field. Art has helped create nationally recognized engineering achievements in weaponry as well as in the metals, rubber and food industries. He was principal design engineer in developing advanced weapons direction systems and wrap-around simulation systems for naval guided missiles. Crivella Tech supports corporations in managing risk and law firms in assessing liabilities. The company also supports law firms in class action and mass tort litigation. 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 Art is, please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, particularly my observation that you cannot hurt a robot's feelings. --Tom Hagy
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TVPRA, State Statutes Open Door for Civil Damage Claims by Human-Trafficking Victims
Since 2003, when Congress opened the door for human-trafficking victims to sue for civil damages under the Trafficking Victims Protection Act of 2000 (TVPRA), the TVPRA and similarly drafted state statutes have allowed for human-trafficking victims to seek civil damages against any party that has benefited from their trafficking. Given this expansive inclusion of third-party liability, more and more businesses, especially those in the hospitality industry, are ultimately the ones left to pay for the criminal acts of human traffickers. In this article, the authors, Coryne Leyendecker and Pamela Lee discuss the evolving litigation around human-trafficking claims and offer guidance on how businesses can build a foundation for their own defense while simultaneously helping prevent human-trafficking crimes from occurring in the first place.
Spotting the Risk, Reaping Rewards: Avoiding Increased Antitrust Scrutiny
The Authors Katie has favorably represented antitrust clients in matters involving monopolization, conspiracy, price fixing, exclusive dealing, and other competition-related disputes, including trade secrets and non-compete actions. She has extensive knowledge of the regulatory hurdles and obligations her clients face. Katie earned her J.D. from the New York University School of Law, cum laude. Natalie West represents sophisticated clients in complex commercial disputes. She regularly serves as the lead brief writer in antitrust cases, employment and consumer class actions, and appellate matters. Natalie graduated with high honors from the University of Texas School of Law, where she served as a member of the Texas Law Review and was elected to the Order of the Coif. 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. Avoiding Antitrust Scrutiny Spotting the Risk, Reaping Rewards The increase in aggressive antitrust enforcement has certainly received significant attention. For the moment, juries are not rewarding the prosecutors. That said, even an unsuccessful government investigation is itself costly and can motivate plaintiffs’ lawyers. Best practices involve not only following the law but also maintaining solid optics to avoid the need for an expensive, if ultimately successful, defense. Abstract: A decade ago, few lawyers across the country spent significant time thinking about antitrust law. But, since then, there has been an onslaught of antitrust attacks on businesses and executives across all sectors of the economy. Enforcement efforts have skyrocketed following President Biden’s July 2021 executive order directing a “whole of government” crackdown on competition abuses—and the trend shows no sign of letting up. Today, no matter the industry or the size of the business, everyone needs to understand these risks and have strategies to minimize them. This article will walk [...]
International Discovery Tool Kit Aims to Facilitate Discovery in Both Domestic and Foreign Litigation
The Authors Benjamin Daniels advises financial institutions and global corporations about litigation and dispute resolution. As a member of the Business Litigation Group, Ben provides creative and ardent advocacy during litigation, enforcement actions, investigations, crisis management, and white-collar defense matters. Ben’s clients often face complex, cross-border disputes. He has deep experience with the interplay between domestic and international courts, including discovery disputes and Hague convention proceedings. He also represents clients in international arbitrations and mediations. Jenna Scoville is a member of the firm’s Business Litigation Group. She focuses her practice on all aspects of general business litigation and dispute resolution, as well as government enforcement matters, and appellate work. She helps companies respond to a variety of business disputes, including claims for breach of contract, unfair trade practices and fraud. Jenna also has extensive appellate experience. Prior to joining the firm, she clerked for the Honorable Peter W. Hall of the U.S. Court of Appeals for the Second Circuit. 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. International Discovery Tool Kit Aims to Facilitate Discovery in Both Domestic and Foreign Litigation "At a time when litigants have increasingly relied on U.S. federal courts to obtain otherwise unobtainable evidence from entities located within the United States, the U.S. Supreme Court has decisively closed the door to U.S.-style discovery in private arbitrations abroad. That means U.S. companies will no longer face the time, exposure, and expense of U.S.-style discovery that § 1782 had injected into those proceedings." Abstract: Business knows no borders. Every year companies increase their global reach and open new offices both domestically and abroad. The COVID-19 pandemic accelerated this process—remote employees spread documents and witnesses from Chicago to Shanghai to Sumatra. This [...]
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