Emerging Litigation Podcast
Automation Comes to Our Litigation Nation with James Lee
In this episode, we discuss litigation automation and another case in which innovators are using artificial intelligence to transform legal operations with guest James M. Lee, co-founder and CEO of LegalMation. Listen and learn more!
Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles
In this episode, Sara Lord of Legal Metrics speaks with Gary Miles, success coach and former litigator. about the professional dissatisfaction litigators experience when the pursuit of fulfillment clashes with high-stress demands, and practical strategies for managing anxiety and embracing mindfulness. Listen and learn.
Litigation Prognostication with Dan Rabinowitz
In this episode, Dan Rabinowitz, Co-Founder and CEO of Pre/Dicta, discusses how the power of technology will make predicting litigation as commonplace as predicting the weather. He also shares insights into a study Pre/Dicta conducted that tested assumptions about judges based on their political affiliations. Listen and learn!
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Emerging Litigation Journal
Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?
Diana Gliedman, Dennis Nolan, and Fiona Hogan examine the impact of Mexico’s recent presidential decree banning certain foreign textile imports through the IMMEX program and increasing tariffs on textile products. The ban has disrupted operations for textile companies and third-party logistics providers, leading to unexpected costs, rerouting challenges, and supply chain delays. The authors outline how businesses may find relief through insurance policies such as Supply Chain Insurance, Business Interruption, Contingent Business Interruption, and Marine Cargo/Stock Throughput Insurance. They emphasize the need for swift action to review coverage, notify insurers, and document losses to maximize potential claims.
Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts
With federal PFAS regulations in limbo, lawsuits targeting “forever chemicals” are expanding—what does this mean for businesses and consumers? Justin Ward examines the uncertain future of PFAS (“forever chemicals”) regulation and litigation after former President Trump rolled back a draft rule expanding Biden-era guidelines. The rising PFAS lawsuits are increasingly targeting consumer product manufacturers alongside chemical companies. Despite concerns over deregulation, several states have enacted their own strict PFAS rules, ensuring continued legal challenges and regulatory pressure. Read our report by guest contributor Justin Ward.
California’s climate disclosure laws withstand initial US Chamber of Commerce challenge
California’s groundbreaking climate disclosure laws just overcame a major legal challenge—what does this mean for businesses and the future of corporate transparency? Writer Justin Ward will fill you in.
HB Webinars on CeriFi LegalEdge
Class Certification Evidence: Standards of Admissibility and Probative Value Among the Circuits
Class Certification Evidence What Are the Standards of Admissibility and Probative Value Among the Circuits? Numerous splits exist among the circuits on two key certification issues: What is required to prove the elements for class certification and whether plaintiff's certification evidence must be admissible. Further, courts apply different admissibility standards to fact evidence than to expert evidence. Certain courts have issued clear guidance on these important issues, while others have remained circumspect, sending mixed signals. This is particularly vexing for defendants, who may be sued in more than one district or circuit. What is sufficient for class certification in one jurisdiction may be inadequate in another. With standards unsettled, counsel must anticipate and preserve the right to revisit class certification by preserving all objections and the factual record. Listen as the panel of class action attorneys discusses the standards of admissibility of evidence at certification and best strategies for leveraging ambiguities. Questions Addressed How can defense counsel preserve objections to admissibility? How can counsel leverage the law of other circuits in jurisdictions with no controlling precedent? What does how a court assesses evidence imply about its view on admissibility standards? Webinar Outline Fact evidence Need not be admissible Must be admissible Ambiguous Expert evidence Full Daubert analysis Limited Daubert analysis Strategies for managing and leveraging the uncertainty A Strafford production specially selected for HB audiences. Learn Strategies forOpposing or Narrowing Class Certificationand Preserving Objections This Strafford production has been specially selected for HB audiences. Kevin Daly Counsel Robinson & Cole Alexander Madrid Partner McGuire Woods Michael Ruttinger Partner Tucker Ellis Robert Sparkes, III Partner K&L Gates This Strafford production has been specially selected for HB audiences.
Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class
Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class Strategically Limiting Discovery, Resolving Discovery Disputes Wage and hour class and collective actions are complex and discovery intensive. Discovery requests are often burdensome, seeking information concerning a broad swath of workers. This causes the discovery process to sometimes linger for years and creates a significant expense for employers.In recent years, courts have emphasized that parties must rein in extensive and expensive discovery requests. Employment litigators are increasingly raising proportionality arguments as a basis for objecting to opposing counsel's discovery requests. Drafters are responding by tailoring requests to anticipate such challenges. Drafting discovery requests that are likely to withstand burden and proportionality challenges and objections to broad discovery requests is critical for litigators representing employers in wage and hour class and collective actions. Employment litigators must develop and implement effective discovery strategies both before and, as applicable, after certification of the putative class. These strategies often must anticipate the possibility of a future summary judgment motion, further certification practice, and trial on the merits. Listen as our authoritative panel of employment law attorneys explains effective strategies for pursuing or objecting to discovery requests in wage and hour collective and class actions and resolving discovery disputes that arise during litigation. Questions Addressed: What are the most common discovery challenges counsel face when litigating wage and hour collective and class actions--from initiation through resolution of the case? What strategies have been effective in wage and hour collective and class actions for obtaining essential information with the least expense? What is the scope of discoverable evidence before and after certification of the putative class, and how can you limit or best manage discovery? When drafting discovery requests in wage and hour class and collective actions, what should employment counsel consider to ensure that the requests align with the proportionality standard? Interested in [...]
PFAS Consumer Fraud Litigation
HB Litigation Conferences presents a CLE-eligible webinar PFAS Consumer Fraud Litigation and Regulation On August 26, 2022, yet another PFAS consumer fraud lawsuit was filed against a product manufacturer in which it is alleged that since the products contained PFAS and the company marketed the products as environmentally friendly and safe for use by consumers, a proposed class of consumers was deceived into buying the allegedly unsafe products. The lawsuit is not an isolated incident, as there have been over 20 such lawsuits, almost all of them filed in 2022. With the ever-increasing media, political and scientific attention being given to PFAS, the panelists predict that these lawsuits will continue to increase at an exponentially increasing rate moving forward against companies of all sizes that manufacture and supply products. Bringing together almost 20 years of product litigation experience and decades of scientific expertise in the field of chemicals such as PFAS, the panelists will discuss the legal issues that companies are facing from current or legacy uses of PFAS (whether intentional or not) and practical solutions that can be taken pre-lawsuit to understand and minimize risk. Questions answered: What do state and federal regulations say about PFAS in drinking water? If your company doesn’t use the two original types of PFAS, are you at less risk of litigation? Which industries currently face the most risk of PFAS-related consumer fraud cases? Are plaintiffs securing significant verdicts in personal injury litigation? And more! Plus, email your questions to the presenters. On Demand CLE Webinar What you get PowerPoint and supplemental materials. Complete recording for later review. Answers to your questions via email. Invitation to contact speakers. 1.5 CLE credit*. CLE assistance. *Subject to state bar rules. For licensed attorneys. Register Download a free article! Meet the Speakers John [...]