Emerging Litigation Podcast
Drone Law with Kathryn Rattigan
Drone Law with Kathryn Rattigan Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole. Kathryn advises clients on these matters with expertise in the relevant Federal Aviation Administration regulations. She and her colleagues also advise clients on employee and subcontractor contracts, insurance policies, privacy regulations, state and local laws, and best practices as recommended by the National Telecommunications and Information Administration. She handles product defect, personal injury, and property damage litigation, too. Kathryn is a frequent contributor to the excellent Robinson Cole Data Privacy + Cybersecurity Insider blog. She holds a J.D. from the Roger Williams University School of Law and a B.A. (magna cum laude) from Stonehill College. 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 Kathryn is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the Journal. Just to clarify. Kathryn does own a drone, but not a "sheep drone." I regret the error, and I wouldn't have it any other way. Thanks to Kathryn for speaking with me about this fascinating area of the law. Tom Hagy Host and Litigation Enthusiast The sky will be speckled with commercial drones, carrying our precious products and pills, or performing risky work, like inspecting bridges and buildings, monitoring crops and livestock, and keeping an eye on pipelines and oil rigs. It's not "if," but "when." What must companies know about [...]
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 [...]
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 [...]
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Emerging Litigation Journal
Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification
The Authors Co-founding partner at MoginRubin LLP, Jonathan Rubin focuses his legal practice exclusively on antitrust and competition law and policy. Based in Washington, DC, he has litigated and led trial teams in major antitrust cases throughout the country. He has published in influential academic journals and has spoken to numerous professional groups, including the Directorate General for Competition of the European Commission, the Antitrust Section of the American Bar Association, and the American Antitrust Institute. Dan Mogin, founding and managing partner of MoginRubin LLP, concentrates his practice on antitrust, unfair competition and complex business litigation. He has served as lead counsel in numerous large antitrust cases, chaired the Antitrust Section of the California Bar, taught antitrust law and was editor-in-chief of a leading competition law treatise. Explore more from MoginRubin LLP! Blog: Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment. By Dan Mogin, Jonathan Rubin, Jennifer Oliver, and Timothy LaComb. List OnDemand CLE Webinar: The Antitrust Case Against Google. Dan Mogin, Jonathan Rubin, Jennifer Oliver, Timothy LaComb, John Newman, Dr. Alan Grant Blog: FTC’s Case Against Facebook Will Test the Flexibility of U.S. Antitrust Law.Authors: Jonathan Rubin and Jennifer Oliver, MoginRubin LLP Blog: Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification. Jonathan Rubin, Dan Mogin. Journal: Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track by Jonathan Rubin Webinar: Class Certification After Olean v. Bumble Bee with Jonathan Rubin, James Bogan lll, Jonathan Cohn, Bradley Hamburger. Journal: FTC v. Amazon: Market Definitions and Section 5 of the FTC Act Podcast: Algorithmic Software Facilitated Price Fixing with Jonathan Rubin Plus, additional insights from the MoginRubin Blog. Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification “Nothing in Rule 23 suggests that the presence of more than a de minimis number of uninjured class members affects whether questions affecting only individual class [...]
Overconfidence: A Risky but Pervasive Phenomenon in Litigated Disputes
The Author Jeff Trueman (jt@jefftrueman.com) is an experienced, full-time mediator and arbitrator. He helps parties resolve a wide variety of litigated and pre-suit disputes and interpersonal problems concerning catastrophic injuries, wrongful death, professional malpractice, employment, business dissolution, real property, and domestic relations. Jeff is a past Director of Dispute Resolution for the Circuit Court for Baltimore City where he oversaw over 70 retired judges and senior attorneys conducting over 1,500 mediations, settlement conferences, and neutral evaluations per year. He is a Distinguished Fellow of the International Academy of Mediators, an invitation-only membership organization consisting of some of the most successful commercial mediators in the world. 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. Overconfidence: A Risky but Pervasive Phenomenon in Litigated Disputes “Lady Justice symbolizes fairness and impartiality as she oversees the adjudication process. Although she may hold the scales of justice in one hand, she also carries a large sword in her other hand. And she’s blindfolded. Knowing that, how confident should you be?” Abstract: “Overconfidence” may have negative connotations, but it can be beneficial in competitive situations like litigation where parties compete for resources. Nonetheless, posturing and overconfidence of opposing parties and counsel are common frustrations felt by lawyers and claims professionals. Most litigants fail to see themselves as overconfident even though that can result in miscalculations and erroneous risk assessments. Litigants can employ techniques to improve decision making but sometimes going to trial is considered the right decision for reasons that are considered more important than whether the result is better than the last settlement demand or offer. In addition to focusing on legal and financial threats that are external to themselves, litigants might also consider threats of their own [...]
Despite Relative Inactivity on the Virtual Front in Ukraine, Russia’s Global Cyber-Attacks are Coming
Editor Tom is HB’s Founder and Managing Director. His career in litigation content spans four decades during which he was editor, managing editor, and finally publisher at Mealey’s Litigation Reports. After Mealey’s was acquired by LexisNexis Tom became a vice president involved in creating new content and services at the legal research and services giant. He has always overseen or directly created articles, blogs, conferences, webinars, data collections, and now podcasts — all on litigation. Tom founded HB in 2008, and four years later he founded Custom Legal Content, a boutique content creation shop serving boutique and specialized legal practices and litigation services. In addition to his work at HB and CLC, Tom is Editor in Chief of the Journal on Emerging Issues in Litigation, and host of the Emerging Litigation Podcast. For years he was a leader in an international specialized publishing association, frequently speaking and writing about publishing, and is now active in an open community of content and event producers called Renewd. Sometime during the last millennium Tom proudly graduated with a B.A. in Communications from Bethany College in West Virginia. 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. Despite Relative Inactivity on the Virtual Front in Ukraine, Russia’s Global Cyber-Attacks are Coming Since his cyber-war capabilities seem to have worked well for him, why isn’t Vladimir Putin launching more cyber-attacks against Ukraine and its allies? Reports suggest he didn’t think he’d need them, plus they take time to execute. Other reports suggest he is trying to get some cyber damage on the scoreboard. Maybe the actual disruption to Ukraine from tanks and bombs, even though the Ukrainians aren’t giving him the satisfaction of a clean and easy parade-style invasion, could be redundant. But [...]
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