The Rise of Robojudges with Josh Davis

December 15th, 2021|Categories: Complex Business Litigation, ELP, Emerging Litigation & Risk, HB Tort Notes, News, Technology Law|Tags: , , , , |

The Rise of Robojudges with Joshua Davis The good news for all of us, not the least of which are the robe and wig industries,  is that we still have time. Artificial intelligence is advancing rapidly, but it's still not able to think like a learned jurist. We can say it will have flaws, but so do our human deciders. So it will be a tradeoff, right? What are the risks? What are the upsides? Will robojudges be able to absorb infinitely more information quickly? Will they hand down decisions free from the influence of bias? Wouldn't it be great to eliminate conflicts of interest?  Joining me to discuss this not-so-out-there concept is Joshua P. Davis, a nationally recognized expert on legal ethics, class actions, and artificial intelligence in the law. He is Research Professor of Law at the University of California Hastings College of Law, and Shareholder and Manager of Berger & Montague, P.C.'s new San Francisco Bay Area Office. For more than 20 years Josh was a tenured Professor of Law at the University of San Francisco Law School, where he also served as the Director of the Center for Law and Ethics. Josh is authoring two books, one titled Unnatural Law, dealing with AI and the law, and a second on the important issue of class action ethics.  Finally, [...]

Public Justice Shares Inside Look at Roundup Trial and Appeal in First Episode of “Justice Pod”

November 8th, 2021|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts, News|Tags: , , , , |

Public Justice Discusses Hardeman v. Monsanto in First Episode of Justice Pod That is according to a post written by Leslie Brueckner, Senior Attorney with Public Justice following the May 2021 Ninth Circuit U.S. Court of Appeals ruling against Monsanto, and for Edwin Hardeman, a California resident who developed non-Hodgkin’s lymphoma after decades of exposure to Roundup. The jury awarded Hardeman $5,267.634.10 in compensatory damages, and $75 million in punitive damages. The district court reduced the punitive damages award to $20 million.  In this inaugural episode of Justice Pod: Conversations with Public Justice Change Makers, Leslie, is joined by David J. Wool, an attorney with the Wagstaff Law Firm.  Wool and Jennifer A. Moore of the Moore Law Group, were on the trial team led by highly-regarded mass tort plaintiff attorney Aimee Wagstaff.  Public Justice’s Brueckner served as co-lead appellate counsel along with Wool before the Ninth Circuit. Listen to what they felt inspired the jury to return such a substantial award, how Monsanto attempted to defend its actions, what the evidence revealed, and what it was like in the courtroom with the Hardeman family when the foreman read the verdict. I hope you find the episode inspiring and informative! Susan Gombert Host of Justice Pod: Conversations with Public Justice Change Makers Listen Now! Monsanto Co. has “stopped at nothing to deny the [...]

A Special Episode: A lovable litigator with Danny Karon

October 8th, 2021|Categories: Class Actions, ELP, Emerging Litigation & Risk, HB Tort Notes, Law Firm Operations, News|Tags: , , , , |

A Special Episode: A lovable litigator with Danny Karon For  30 years attorney Daniel R. Karon has successfully represented plaintiffs and defendants in class-action and individual lawsuits. He's also chair of one of the leading class action conferences for lawyers, judges and law professors: the American Bar Association National Institute on Class Actions. He's passionate about educating up-and-coming lawyers. He teaches and writes extensively, and has been featured on podcasts and television news shows.   While practicing law (handling some intensely serious matters), Danny became acutely aware of "a societal bias against access to justice where people who need justice the most often get it the least." One response to that was to launch Your Lovable Lawyer, a multi-media website whose goal is to "make  justice more accessible to people who don’t know, can’t find, or can’t pay for lawyers." He endeavors to provide actionable insights regarding common legal problems. He refers to his "lovable" concept as "legal wellness," and encourages regular folks to take a proactive approach to legal matters and potential conflicts.  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 [...]

Digital Payments in Class Administration

September 9th, 2021|Categories: Business Litigation, Class Actions, HB Risk Notes|Tags: , , , , |

Epiq presents DIGITAL PAYMENTS Best Practices for Efficiency in Class Actions Recorded: Sept. 23, 2020 75 minutes CLE credit: 1+ Registration includes recording, materials, and answers to your questions. TAKE IT NOW! Epiq presents a CLE-eligible webinar Digital Payments Best Practices for Efficiency in Class Actions Recorded Live | Sept. 23, 2020 produced by HB Litigation Conferences Modern life increasingly relies on digital solutions. Nothing has made that more apparent than the novel coronavirus pandemic. In terms of class action settlement payments, the impetus has never been greater to transition to the e-payment realm for security, convenience, cost-reduction, and improved fund disbursement. Class counsel and claims administrators have experimented for years with pre-paid debit cards, automated clearing house (ACH) deposits, and wire transfers, while others have tested judicial appetites for registered-user payment systems like PayPal and Venmo. However, digital payment schemes with multiple options -- the primary of which is direct deposit -- seem to be emerging as the favored solution. Though class action notice is increasingly being digitized, aided by the 2018 amendments to Federal Rule of Civil Procedure, particularly Rule 23(c)(2)(B), which permits notice by electronic means like emails and digital and social media, payment itself has lagged behind. Even with these challenges, electronic payment distribution is now a viable option. Courts are [...]

Drone Law with Kathryn Rattigan

August 30th, 2021|Categories: Class Actions, ELP, Emerging Litigation & Risk, News, Technology Law|Tags: , , , , |

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 [...]

How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella

July 8th, 2021|Categories: Complex Business Litigation, ELP, HB Risk Notes, HB Tort Notes, News, Technology Law|Tags: , , , , |

How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella Artificial intelligence has the capability to truly revolutionize how litigators work, and also how companies can avoid litigation in the first place.  It can not only do the work of hundreds of people in mere seconds but can be used to predict liabilities before they become liabilities, and outcomes when disputes arise.  Joining me to discuss the incredible present-day applications of AI in law and business, as well as the potential to do much more if humans will let it, is Arthur Crivella of Crivella Technologies Limited.  For decades Art has been a leader in developing and applying advanced software engineering, systems engineering and AI methodologies, and holds numerous foundation patents in the field.  Art has helped create nationally recognized engineering achievements in weaponry as well as in the metals, rubber and food industries. He was  principal design engineer in developing advanced weapons direction systems and wrap-around simulation systems for naval guided missiles. Crivella Tech supports  corporations in managing  risk and law firms in assessing liabilities. The company also supports law firms in  class action and mass tort litigation. 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 [...]

Cannabis Industry Competition Law with Ausra Deluard and Jennifer Oliver

July 4th, 2021|Categories: Class Actions, Complex Business Litigation, ELP, News|Tags: , , , , |

Attorneys Ausra Deluard and Jennifer Oliver on Cannabis Industry Competition Law What can legitimate cannabis companies do to level the playing field, not only against others who walk the straight and narrow, but dealers still thriving on the black market? It was my pleasure to interview Ausra Deluard and Jennifer Oliver for what was an informative and even surprising podcast. It's based on their article -- Clearing the Haze: State Laws and Private Plaintiffs Critical to Preserve Competition in Cannabis -- which will be featured in the inaugural issue of the Journal on Emerging Issues in Litigation, which will release in January 2021. Ausra, who is an attorney with the global law firm Dentons LLP, has spent more than a decade advising clients in a range of antitrust matters including merger investigations, competitor collaborations, and pricing and distribution policies. She works closely with cannabis clients to help them navigate the rapidly evolving cannabis laws and regulations throughout the U.S. Jennifer is a partner at national antitrust boutique MoginRubin LLP, where she litigates and advises clients on competition issues.  Her work includes representing classes of plaintiffs in class actions, risk mitigation and regulatory advice in mergers and acquisitions, and other complex business litigation. Check out the MoginRubin Blog. The Journal is a collaborative project between [...]

Three Urgent Consumer Class Action Topics with Paul Bland of Public Justice

June 22nd, 2021|Categories: Class Actions, Complex Business Litigation, ELP, HB Risk Notes, News|Tags: , , , , |

Three Urgent Consumer Class Action Topics with Paul Bland of Public Justice To discuss these issues, it was my pleasure to interview F. Paul Bland, Jr., Executive Director of Public Justice, an organization that pursues "high impact lawsuits to combat social and economic injustice, protect the Earth’s sustainability, and challenge predatory corporate conduct and government abuses." Paul has argued and won more than 40 cases that led to reported decisions for consumers, employees or whistleblowers, including one victory in the U.S. Supreme Court, and has won one or more cases in six of the U.S. Courts of Appeals and the high courts of 10 different states. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB 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 Paul is, please drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview, and how I slipped in mention of Schrödinger's cat which, as everyone knows (that's sarcasm and self-deprecation), is a thought experiment that illustrates an apparent paradox of quantum superposition. Class actions can be an invaluable tool when consumers need to level the playing field in disputes with [...]

Myriah Jaworski on Arbitration as Defense Against Data Breach Class Actions

March 19th, 2021|Categories: Class Actions, HB Risk Notes, HB Tort Notes, Journal, News, Technology Law|Tags: , , , , , , |

Myriah Jaworski on Individual Arbitration as a Defense Strategy Against Data Breach Class Actions Abstract Data privacy class actions are proliferating. Defendant companies may find an effective defense strategy is moving to compel individual arbitration. Not all contracts have the appropriate language, however, and, even if they do, they may not succeed. This article, which will appear in the forthcoming issue of the Journal on Emerging Issues in Litigation, discusses U.S. privacy litigation and case law on compelling arbitration of class claims in the privacy law context, with recommendations for businesses to improve their chances of securing court orders that enforce arbitration language in their agreements. Author Myriah V. Jaworski, Esq. (mjaworski@beckage.com), is a member with the Beckage, a law firm specializing in technology, data security and privacy. She is a Certified Information Privacy Professional, United States (CIPP/US) and Certified Information Privacy Professional, Europe (CIPP/E). She leads Beckage’s Privacy Litigation Practice Group where she represents clients in data breach actions, technology vendor disputes, and the defense of consumer class actions and related regulatory investigations. Myriah is also a former Trial Attorney with the Department of Justice. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For [...]

Facial Recognition: How It Works and How It Doesn’t

January 14th, 2021|Categories: Class Actions, HB Risk Notes, News, Technology Law|Tags: , , , , |

Debbie Reynolds Founder, CEO & CDPO Debbie Reynolds Consulting Website Martin T. Tully Founding Partner Actuate Law Website Facial Recognition: Benefits & Risks Editor's Note: Imagine how great technology would be if it weren't for people. Since the beginning of time man has developed remarkable solutions to common problems. But leave it to nefarious, despicable, criminal or just plain dumb people to ruin them for the rest of us. You know, like gun powder, nuclear power, and the internet. Facial recognition programs and collection of biometric data would appear to have more benefits than risks, but those risks are there. As use of the technology proliferates we can expect more litigation as additional states follow Illinois -- the first to enact a state Biometric Information Privacy Act. Martin T. Tully of Actuate Law LLC and Debbie Reynolds of Debbie Reynolds Consulting LLC, outline these risks and how regulation and litigation is responding in their article: Facial Recognition Proliferation: Litigation and Legal Implications of Biometric Technologies. Below are a couple excerpts from their article, published in the January 2021 edition of the Journal on Emerging Issues in Litigation. --Tom Hagy Some FR technologies use a scanner to identify 4,500 different points of facial geometry to create a map of a person's face. The application doesn’t [...]

Does Data Sharing and Zoombombing Cause Actual Harm?

December 22nd, 2020|Categories: Class Actions, HB Risk Notes, Technology Law|Tags: , , , , |

Legal Writer Law Street Media Zoom Says Data Sharing, Zoombombing Doesn't Cause Personal Harm Zoom is a good name for this company. It seems to have come out of nowhere to become the new verb for web meetings, robbing that distinction from many more established competitors like WebEx and GoToMeeting, maybe because they don't have cool web-sounding names, although people don't seem to be saying "let's Skype later," as much as they used to. Sure, we still "Facetime," but Zoom really shot to the top when it comes to name recognition. According to CNBC's Ari Levy, Zoom reported fiscal third-quarter revenue growth of more than 300% after seeing 355% expansion in the prior period. The company's stock was up almost seven-fold this year but "pulled back in November on positive news surrounding a coronavirus vaccine," Levy reported. And with success comes risk, especially when dealing with private data.  Here is an excerpt of a post shared with the permission of Fastcase and Law Street Media. --Tom Hagy, HB Litigation Conferences Dec. 4, 2020 (San Francisco) -- On Wednesday [Dec. 2], in the Northern District of California, Zoom Video Communications filed a motion to dismiss the plaintiffs’ first amended consolidated class action complaint (FAC) on the grounds that the FAC failed to state a claim for which relief may be [...]

Biogen Pays 22M To Resolve False Claims Act Charges For Paying Kickbacks

December 18th, 2020|Categories: Class Actions, Complex Business Litigation, News|Tags: , , , , |

The Justice Department has announced that Biogen, Inc., has agreed to pay $22 million to resolve claims that it violated the False Claims Act by illegally using foundations as a conduit to pay the copays of Medicare patients taking Biogen’s multiple sclerosis drugs, Avonex and Tysabri. Biogen did not admit liability in reaching the agreement. […]

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