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  • Arson Investigations: Best Practices for Establishing Fraud and Avoiding Bad Faith

    Arson-related insurance claims are rising—and so are the risks for insurers who don’t investigate thoroughly and by the book. Guest contributor Melissa A. Segel breaks down how carriers can use modern tools, smart strategy, and legal precision to uncover fraud while steering clear of costly bad faith pitfalls. A must-read for anyone navigating the intersection of fire science and insurance law.

  • Facing PFAS lawsuit, Apple claims watch bands are safe, but what does the evidence say?

    Amid rising concerns about toxic chemicals in consumer products, Apple finds itself under scrutiny. Guest contributor Justin Ward examines the controversy surrounding Apple’s smartwatch bands after researchers detected elevated levels of PFAS, or “forever chemicals.” While Apple insists its products are safe, a class action lawsuit alleges deceptive marketing and health risks, raising broader questions about accountability and chemical transparency in tech and apparel.

  • AI tool that summarizes evidence from cracked phones wades into uncharted constitutional waters

    As law enforcement agencies adopt cutting-edge AI to process digital evidence, constitutional questions are quickly coming into focus. Guest contributor Justin Ward explores how Cellebrite’s new AI-driven tool—capable of scanning and summarizing entire phone contents—may clash with Fourth Amendment protections. While the tech promises efficiency, civil rights advocates argue it opens the door to warrantless digital dragnets, with court interpretations varying widely across jurisdictions.

  • Valid Antitrust Concerns or Partisan Objectives: Which Will Guide Trump’s FTC?  

    Concerned that the spirit of retribution that drove executive orders against some of the nation's largest law firms will carry over to business deals, Tom Hagy writes about recent changes at the Federal Trade Commission and some of the comments from the new chair that suggest infusion of retribution into the process of examining business deals is inevitable.

  • AI tools may be the cause of the explosion in nuclear verdicts — and also the solution

    Guest contributor Justin Ward discusses how artificial intelligence is both fueling and fighting the rise of “nuclear verdicts.” Plaintiff attorneys are using AI to identify high-damages cases, favorable jurisdictions, and winning arguments—driving a spike in verdicts over $10 million. At the same time, defense lawyers and insurers are adopting tools like NaVeL to spot high-risk cases early and craft smarter strategies. As AI reshapes legal practice, the very technology accelerating massive awards may also be the best hope for containing them.

  • Supreme Court to Reconsider Separate Sovereignties

    The Supreme Court’s decision to review Barrett v. United States signals a potential shift in how the long-standing “separate sovereignties” exception to the Double Jeopardy Clause is applied. This article by guest contributor Bret Thurman offers a deep dive into the historical, constitutional, and practical complexities of double jeopardy, from its roots in ancient Greece to modern-day interpretations. It explores how exceptions—like implied acquittals, mistrials, and fraud—have shaped the doctrine, and raises questions about whether dual prosecutions still make sense in today’s legal landscape.

Emerging Litigation Podcast

Sandra Cianflone on Current and Emerging COVID-19 Litigation

Sandra Cianflone on COVID-19 Litigation in 2021 and Beyond It’s now been more than 18 months since the world was besieged by the novel coronavirus pandemic. In addition to the human toll, it disrupted our lives in ways big and small, new and old, as it raced across continents, first visiting North America in January 2020. There are an estimated 15,000 lawsuits relating to the outbreak, with some 350 filings directed toward the healthcare and medical communities. The number of insurance coverage suits is fast-approaching 1,800. Litigation has been initiated against aging services, hospitals, and healthcare providers, with the next anticipated wave likely to  surround vaccines themselves. What will be the basis of these claims? What defenses will we see? And what can healthcare providers do now in anticipation of this onslaught? Joining me to discuss this out-of-the-blue rash of 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. I hope you enjoy the interview, and especially a brief story (after we wrap up) about Sandie's experience delivering a baby in the Age of COVID-19. I also mangled a bit of basic Spanish, for which I am ashamed (lo [...]

Vince Vitkowsky on Insurance Coverage for Civil Unrest

Vince Vitkowsky on Insurance Coverage for Civil Unrest Civil unrest. Peaceful protests. Massive marches. Riots. Looting.  Which of these things are not like the other? Recent social outrage over police shootings of Black people -- these events in particular -- have sent people to the streets by hundreds of thousands. In some cases these constitutionally protected activities are followed by property damage, injury and death. Observers continue to debate who is responsible for the violence.  Whatever the answer, as a very practical matter, someone has to pay for the property damage. Join me for my conversation with Vince Vitkowsky of Gfeller Laurie LLP.  Vince  possesses deep knowledge of insurance coverage matters, representing carriers in a variety of areas, e.g. cyber risk, data privacy, general liability, directors and officers liability, health, and more. He combines his experience as a veteran insurance and reinsurance lawyer with a strong background in terrorism and national security law. 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 Vince is , please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, and how deftly we obscured the fact that Vince lives in New York City.

Psychedelics Decriminalization and Regulation with Griffen Thorne

Psychedelics Decriminalization and Regulation with Griffen Thorne Listen to my interview with Griffen Thorne, an attorney in the Los Angeles office of Harris Bricken LLP.  He focuses on corporate, transactional, intellectual property, data security, regulatory, and litigation matters across a wide variety of domestic and international industries. As part of Harris Bricken’s corporate cannabis team, he works closely with cannabis and hemp clients, whom he advises on obtaining licenses and permits, regulatory compliance, entity formation and structuring, mergers and acquisitions, corporate governance issues, contract drafting and negotiation, obtaining and protecting intellectual property rights, and administrative appeals and litigation. He also represents clients throughout a wide range of industries regarding compliance with United States, European, and Asian Internet, technology, and data security laws and regulations. We hope you enjoy the interview. Tom Hagy Send questions or comments to Editor@LitigationConferences.com. What does the future hold for psychedelics in America? How are states approaching the ownership and use of these drugs, either for recreational or their controlled therapeutic use?

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