Intellectual Property Trial Team Diversity with Tara Trask

May 9th, 2023|Categories: ELP, Intellectual Property, Law Firm Operations|Tags: , , |

Intellectual Property Trial Team Diversity with Tara Trask Diversity and inclusion initiatives aren’t just valuable for checking off compliance boxes and writing marketing copy. Those benefits are a distant second and third to the genuine value team diversity has on the success of a company or a project. That also means law firms and trials. A recent article published by the American Bar Association Tort and Insurance Practice Section hailed diversity of perspectives for how they improve a team’s ability to resolve legal issues, innovate solutions, and introduce  factors homogeneous teams may miss. The National Association for Law Placement reported that women and people of color are making great progress at major law firms. Nearly half of associates are women and, based on summer associate statistics, women are expected to break the 50% as early as this year or next. Black associates made impressive gains, but there remains room for improvement. At the partner level, however, Black and Latinx women and men remain stuck in the low single digits. In this episode we drill down even further to examine trial teams in the intellectual property arena. I was thrilled to speak with Tara Trask, one of the nation’s leading experts on IP trials and juries, having directly worked on or observed more of these proceedings than just about anyone. Tara [...]

“Years of Deception” Behind Consumer Privacy Violations Alleged

May 2nd, 2023|Categories: Emerging Litigation & Risk, HB Risk Notes|Tags: , , , , |

Mental Health Platform's Data Sharing Practices Challenged. BetterHelp allegedly shared personal identifiable info with third parties.  FTC files administrative complaint asserting "years of deception." Days later, two class actions were filed in the Northern District of California.   Online mental health company BetterHelp, Inc. is facing allegations on two fronts for allegedly sharing personal identifiable information with third parties and breaching consumer privacy. The Federal Trade Commission (“FTC”) initiated an administrative complaint against the California-based online mental health company on March 2, 2023, after what they call years of deceptive practices and blatant denial of a media report published by Jezebel in February 2020. The article cited evidence that BetterHelp shares sensitive patient information and email account information with third parties such as Facebook, Snapchat, Criteo, and Pinterest. Days after the FTC filed its complaint, consumers filed two class actions in the Northern District of California’s San Jose Division (C.M. v. BetterHelp, Inc., March 7, 2023, 5:23-cv-01033 and Jane Doe v. BetterHelp, Inc., March 11, 2023, 5:23-cv-01096). Both consumer privacy lawsuits state that their facts are largely supported by experts in the field of data privacy. BetterHelp is a Delaware corporation with its principal office or place of business in Mountain View, Calif. On its website the company claims it is the “world’s largest therapy platform” with more [...]

Alleged Hair Product Injuries Impact Women of Color

April 26th, 2023|Categories: Business Litigation, Mass Torts|Tags: , , , , |

L’Oréal Among Defendants in Litigation Over Hair Products. Dozens of hair straightener cases allege higher incidence of cancers and other diseases. Plaintiffs in dry shampoo litigation say products contain benzene.  Seven companies control the U.S. hair product industry. L’Oréal has been hit hard in recent hair care litigation related to straighteners, relaxants, and dry shampoos. L’Oréal was named a defendant in nearly sixty complaints alleging that straightening products manufactured by the beauty giant have caused cancer in its consumers. L’Oréal has also been named a defendant in a proposed class-action for its Redken dry shampoo that allegedly contains the carcinogen benzene. Other large industry players such as Johnson and Johnson and Unilever have also been accused of selling dry shampoos with dangerous levels of benzene. Straighteners and Relaxers Litigation Dozens of cases have been consolidated in multidistrict litigation against L’Oréal for its potentially cancerous hair straighteners and relaxers. Mitchell v. L’Oréal USA Inc. is a typical case.  It was filed by Missourian Jennifer Mitchell, a black woman, after her diagnosis of uterine cancer which she claims was caused by endocrine disrupting chemicals (EDCs) in L’Oréal’s hair straighteners and relaxers. Jennifer Mitchell was diagnosed with her cancer on August 10, 2018. “Ms. Mitchell was first exposed to EDCs and/or phthalate-based products around 2000, at or around the age [...]

Class Certification Evidence: Standards of Admissibility and Probative Value Among the Circuits

February 15th, 2023|Categories: Class Actions, CLE OnDemand, Emerging Issues Webinars, Emerging Litigation & Risk, HB Tort Notes, Mass Torts|Tags: , , , , |

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 [...]

Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class

February 15th, 2023|Categories: CLE OnDemand, Emerging Issues Webinars, Emerging Litigation & Risk, Featured On-Demand, HB Tort Notes, Mass Torts, New Webinars, Tort Webinars|Tags: , , , , |

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 [...]

Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track by Jonathan Rubin

January 4th, 2023|Categories: Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The Author Jonathan Rubin (jrubin@moginrubin.com) is Co-Founder and Partner of MoginRubin LLP, a boutique antitrust, mergers and acquisitions, and class action law firm. Since 2001, he has focused his legal practice exclusively on antitrust and competition law and policy. As a litigator he has led trial teams in major antitrust cases in courts throughout the country. Rubin is a member of the Editorial Board of Advisors for the Journal of Emerging Issues in Litigation. 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. Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track? "The failure to appropriately adjust the patent system to accommodate the competitive circumstances created when patents are incorporated into standards undermines the purposes of the standard-setting enterprise and impairs the utility and proliferation of standardized technologies. Without a course correction among the judiciary, the United States risks finding itself as a less desirable jurisdiction for pro-growth and pro-competitive patenting and standard-setting activities." Abstract: A consensus at the intersection of patent and anti-trust law was achieved after a series of decisions finding that in some circumstances owners of standard essential patents (SEPs) have an antitrust duty to [...]

PFAS Consumer Fraud Litigation

January 4th, 2023|Categories: Emerging Issues Webinars, Emerging Litigation & Risk, Featured On-Demand, News, Tort Webinars, Torts-On-Demand-CLE|Tags: , , , , |

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 [...]

Lawyers for Good with Tara Trask and Jason Flom

December 22nd, 2022|Categories: ELP, Emerging Litigation & Risk, News|Tags: , , , , |

If you're feeling bad about being a lawyer, or just maybe tingling with the holiday spirit of giving back, this episode is for you. Listen to three professionals (well, maybe two "professionals") who deeply admire for the legal profession, the important role attorneys play in society, and all the potential they have to make the world a better place. When there is strife, there is a supporting organization, and with them are lawyers. Wrongful convictions. Voting rights. Environmental protection. The rights of women, people of color, workers,  LGBTQ, immigrants, asylum seekers.  Lawyers are in a unique position to do something about all of this. And they do. And we hope more will. Join me as I interview nationally acclaimed trial consultant Tara Trask and music industry star-maker Jason Flom. Tara Trask is the President of Trask Consulting, a boutique litigation strategy, jury research and trial consulting firm. Tara  focuses complex commercial litigation, from intellectual property to antitrust, from products liability to insurance, and oil and gas. She has extensive experience assisting institutions and individuals in matters involving regulatory enforcement and white-collar defense. Tara has been involved in more 450 jury trials. Music industry executive Jason Flom is  CEO of Lava Records, Lava Music Publishing, and Lava Media, LLC.  He is former  CEO at Atlantic Records, Virgin Records and Capitol Music Group. [...]

U.S. Government Enforcement Actions: Regulatory remediation settlement trends and claims administration best practices

December 1st, 2022|Categories: CLE OnDemand, Emerging Issues Webinars, Emerging Litigation & Risk, Featured On-Demand, Tort Webinars, Torts-On-Demand-CLE|Tags: , , , , |

HB Litigation Conferences presents a complimentary CLE-eligible webinar on-demand Government Enforcement Actions Regulatory Remediation Settlement Trends and Administration Best Practices Government enforcement actions are increasing. It’s important for attorneys to understand regulatory trends and best practices for remediation and administration, and how these actions differ from traditional class action settlements. Here are some of the questions our speakers will address in this CLE-eligible webinar:  Why are government enforcement actions increasing? What are the common types of government consumer enforcement actions and how do they proceed? How do government enforcement actions differ from class actions? What are the key considerations in settlement negotiations in government enforcement actions? What are the components of settlement agreements in a government enforcement action? What notice efforts are required to help satisfy expected participation rates? Plus, answers to your questions via live chat. Webinar On Demand Recorded January 2023 What you get:  PowerPoint and supplemental materials. Complete recording for later review. Answers to your questions via email. Invitation to contact speakers directly. 1 CLE credit*. CLE assistance. *Subject to state bar rules. For licensed attorneys.  Register Meet the Speakers Mark Rapazzini Senior Director | Kroll Mark has more than 25 years of legal experience in cases ranging from individual [...]

PFAS Litigation—A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits: What Are the Legal and Business Risks to Companies by John Gardella

November 30th, 2022|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The Author John P. Gardella (jgardella@cmbg3.com) is a shareholder and Chief Services Officer at CMBG3 Law, where he also chairs the firm’s PFAS, Environmental, Risk Management and Consulting and ESG practice groups. John is the latest addition to the Editorial Board of Directors for the Journal on Emerging Issues in Litigation. 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. PFAS Litigation A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits "It is of the utmost importance that businesses along the whole supply chain in the consumer goods sector evaluate their PFAS risk and fully understand the legal arguments that plaintiffs could make against companies in litigation." Abstract: Per- and polyfluoroalkyl substances (PFAS) are a class of over 12,000 man-made compounds. Most people would recognize the brand names Teflon, produced by DuPont, and Scotchgard, produced by 3M. They also go by the nickname “forever chemicals” because they are highly persistent and mobile in the environment and the human body. In addition to bodily injury and environmental pollution litigation, plaintiffs are also bringing suits against companies for claiming their products and the making of their products are safe and green. This [...]

PFAS Consumer Fraud Litigation with John Gardella

November 14th, 2022|Categories: ELP, Emerging Litigation & Risk, News|Tags: , , , , |

These stubborn chemicals are everywhere. But when they find their way into products, shouldn't someone tell consumers? Per- and poly-fluoroalkyl substances (“PFAS”) are a family of more 12,000 manmade compounds.  That's a huge family. Most people would recognize the brand names Teflon, produced by Dupont and Scotchgard produced by 3M. They also go by the nickname “forever chemicals” because they are highly persistent and mobile in the environment and the human body. In addition to bodily injury and environmental pollution litigation, plaintiffs are bringing suits against companies for claiming their products and the making of their products are safe and green. New consumer lawsuits seeking millions in damages are targeting oral hygiene products -- like a recent case involving dental floss -- cosmetics, apparel, and food packaging. Listen to my interview with environmental lawyer John Gardella of CMBG3 Law who discusses why PFAS concern citizens, media and legislators, what legal risks corporations face, and why we're seeing  a surge in consumer fraud litigation. This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop [...]

Medical Monitoring for Modern Times with Ed Gentle

November 1st, 2022|Categories: ELP, Emerging Litigation & Risk, News|Tags: , , , , |

Medical Monitoring for Modern Times: Attorney and court-appointed neutral Ed Gentle shares his vision for a new paradigm for mass torts.  Marissa, a resident of a small town in Kentucky, learned that for some time her drinking water may have been contaminated with so-called "forever chemicals" or PFAS. It's really a collection of chemicals used in products like fire-suppression foam, cookware, stain-resistant sprays, and food packaging. A local public radio reporter covering the story asked Marissa for her reaction. "I was never informed," she said. "And now I'm worried, like, I hope I don't have issues some day in my life."   Marissa's concern is like that of many people who find themselves in this situation and is at the center of this episode. When a case like Marissa's goes to court, plaintiffs will seek a ruling that the responsible parties pay for years of medical monitoring. That means they are suing often without signs of an existing injury, and that defendants must pay for something when an injury may not arise. Attorney, author, and court-appointed case neutral, Edgar C. Gentle III, says  that approach is antiquated. He outlines a better way in his 2014 essay titled The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale and Practical Application (A Possible Dynamic Tort Remedy for Long Term Tort Maladies). Now he shares [...]

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