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  • Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability

    Social media platforms are under mounting legal pressure as courts scrutinize how algorithms amplify dangerous viral trends. In Nazario v. ByteDance Ltd., a New York judge allowed a wrongful death lawsuit against Meta and TikTok to move forward after a teen died attempting a “subway surfing” stunt allegedly promoted by their platforms. In this article, Tom Hagy examines how the decision challenges long-standing Section 230 protections and signals a shift toward treating social media as potentially defective products when design and targeting harm young users. This case—and others involving viral challenges and youth safety—may redefine platform liability for years to come.

  • Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility

    The world’s leaders still don’t agree on what, if anything, to do about climate change – despite mounting evidence that, as a planet, we are in the soup. A major ruling from the International Court of Justice says states have an obligation to save the planet, as the U.S. president is enthusiastically sprinting the other way, inspiring cheers from his base and jeers from scientists. As for domestic litigation designed to pin liability on the fossil fuel industry, a case in South Carolina faltered as another in Hawaii is clearing hurdles. Read the update from Tom Hagy.

  • CEO Depositions and the Apex Doctrine with Rachel Lary

    Can a CEO be forced to sit for a deposition? In this episode of the Emerging Litigation Podcast, national trial lawyer Rachel M. Lary of Lightfoot, Franklin & White unpacks the Apex Doctrine—a legal standard designed to shield high-ranking executives from unnecessary depositions. Rachel explains how courts assess executive knowledge, alternative discovery options, and the growing body of case law shaping this issue across jurisdictions. A must-listen for litigators navigating discovery strategy in high-stakes cases.

  • From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick

    Trial attorney and litigation consultant Elizabeth Larrick shares what more than 1,000 virtual focus groups have taught her about trial prep, from testing case narratives to refining jury selection. In this episode of the Emerging Litigation Podcast, discover how Zoom-based sessions reveal surprising insights into witness credibility, evidence presentation, and what really resonates with jurors—yes, even their take on orange socks.

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    DEI Programs as a Source of Liability for Law Firms and Other Businesses

    Two recent cases against international law firms point to an emerging trend in litigation that could have wide-spread implications for diversity, equity, and inclusion (DEI) programs. The author, William "Billy" Jones examines these recent cases filed against the law firms for their DEI fellowships and the potential impacts for law firms and other private businesses.

  • Judge finds flaws in motion for an injunction against Trump’s wind turbine order

    While Trump’s freeze on offshore wind permits faces legal challenge, a federal judge isn’t convinced the states bringing the case have shown enough harm. In this article, guest contributor Justin Ward explains why the motion for an injunction was denied, what it means for the broader battle over renewable energy, and how executive power could stall green infrastructure without ever breaking the law.

  • Sexual Abuse & Insurance

    Join Marshall Gilinsky and John Lacey of Anderson Kill, along with Brian Della Torre of ARMR, for a CLE webinar focused on navigating sexual abuse claims through insurance recovery. Learn how to locate and leverage historic liability policies, understand allocation and occurrence issues, and overcome common insurer defenses. Discover how institutions can access valuable coverage through strategic claims, litigation tactics, and insurance archaeology.

  • Apple Watch band PFAS lawsuit highlights health and safety concerns

    Class action alleges Ziploc misled consumers about harmful microplastics in its products

    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.

  • Apple Watch band PFAS lawsuit highlights health and safety concerns

    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.

Emerging Litigation Podcast

The EPA’s New PFAS Safe Drinking Water Rule with John Gardella

In this episode, we dive into one of the hottest topics in environmental law right now: PFAS. Specifically, our guest, John Gardella of CMBG3 Law talks about the EPA’s new PFAS Safe Drinking Water Final Rule, which mandates acceptable levels of PFAS in public water systems. John is a leading voice in PFAS litigation and a recognized thought leader, known for his expertise in environmental and toxic tort litigation. Tune in now!

The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath

Hey! Corporate corruption costs $5 trillion a year! In this episode two former prosecutors talk about the Foreign Corrupt Practices Act, the government’s leading weapon in its global war on corporate crime. They also talk about the new statute on the block, the Foreign Extortion Prevention Act, and the many complexities of this fascinating area of the law. Check out our interview with Reed Smith attorneys Mark Bini and Tom Suddath. They know this area of the law inside and out.

False Claims Act, Health Care Whistleblowers, and Whistling in the Wind with Justin Lugar

In this episode, we discuss How whistleblower cases come about, the benefits of rewarding whistleblowers, how things are done differently outside the U.S., what’s driving the acceleration of this area of law, and best practices when your company is served with guest Justin Lugar of WoodsRogers. Drawing on his background as both public servant and private practitioner, Justin walks through these issues and others.

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Emerging Litigation Journal

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.

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Trends and Strategies in Wage & Hour Class and Collective Actions

Gain a better understanding of the Fair Labor Standards Act (FLSA) and wage and hour collective actions, get up to date on significant trends and recent key settlements in this area of law, and grasp the main considerations for conditional class certification and decertification and the key collective action rulings handed down in 2023 on a CLE webinar featuring experienced class action defense litigators Gerald L. Maatman, Jr., Jennifer A. Riley, and Greg Tsonis. Sign up today!

Resolving Litigation with AI with Jeff Trueman & John T. Sly

Join full-time mediator and arbitrator Jeff Trueman and practicing attorney John Sly for a CLE webinar focused on enhancing your understanding of how AI can assist with your work, specifically how it can be used to handle disputes more efficiently, facilitate improved decision-making, and leverage predictive capabilities to achieve optimal outcomes in dispute resolution.

Defense of Data Breach Class Actions: Key Trends, Rulings, and Settlements

Data breach class actions have emerged as one of the fastest growing areas in the complex litigation space, forcing companies to navigate evolving cybersecurity risks, negative publicity, and costly litigation as a result. Litigation was particularly notable in 2023, with a record-breaking number of filings and several high-profile cases resulting in substantial settlements. The sheer volume of individuals affected by data breaches has grown significantly, leading to larger classes and subsequently higher settlement demands. Furthermore, the nature of the data being compromised is becoming more sensitive – including financial and health information – which increases the potential damages awarded in these cases. Join experienced class action defense litigators Gerald L. Maatman, Jr. and Jennifer A. Riley for a high-level breakdown of the data breach class action landscape through analysis of key trends, rulings, and litigation strategies.

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