Litigation After Biometric Privacy Law Violations

July 9th, 2024|Categories: Artifical Intelligence, CLE Webinar|Tags: , , , , , , , , , , , , , , |

In this CLE webinar, Anderson Kill attorneys, Cort Malone and John Leonard discuss the state of biometric privacy litigation, the regulatory landscape, and insurance coverage considerations and rulings.

Property Insurance Coverage for Emerging Risk of Underground Climate Change 

July 8th, 2024|Categories: CLE Webinar|Tags: , , , , , , , , , , , |

In this CLE webinar, Anderson Kill attorneys, Dennis J. Artese, Ethan Middlebrooks, and Thomas Dupont and professional engineer, Kenneth R. Quigley discuss permutations of policy language and state law that may affect coverage for damage caused by underground climate change, including how state law treats anti-concurrent causation clauses, whether “human-caused” exceptions to earth movement exclusions may apply to underground climate change, and whether “abrupt collapse” exceptions to exclusions for building collapse may apply when undetected structural damage triggered by underground climate change triggers collapse.

PFAS Litigation: Predicted Trends Given Regulatory Changes

July 2nd, 2024|Categories: CLE Webinar|Tags: , , , , , , , , |

Every week, the PFAS litigation and regulatory landscape changes dramatically. The EPA presses forward full steam ahead with numerous PFAS regulations, while the states have proposed hundreds of pieces of legislation related to PFAS in the last three years. Meanwhile, class action litigation, environmental pollution litigation, and greenwashing suits are being filed against companies at a dramatically increasing rate year after year. In this CLE webinar, CMBG3 Law attorney John Gardella discusses the latest on regulatory and litigation issues related to PFAS and how they will impact corporations.

The Medical Monitoring Tort Remedy

June 4th, 2024|Categories: CLE Webinar|Tags: , , , , , , , , |

The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue. States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years. In this CLE webinar, Gentle Turner & Benson LLC attorneys Edgar (“Ed”) C. Gentle III and Katherine (“Kip”) A. Benson discuss the evolution of the medical monitoring tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.

Adapting to AI: Taking A Practical Approach Governance, Introductory Level for New Attorneys and Legal Staff

May 13th, 2024|Categories: CLE Webinar|Tags: , , , , , , , |

Robinson+Cole attorney Blair Robinson and knowledge management leader Liz Salsedo discuss how attorneys and legal staff can adapt to AI by taking a practical approach to governance, addressing its potential and attendant risks, legislative and regulatory considerations, and how to incorporate AI most responsibly into their legal practice or business.

AI Nuts & Bolts Survival Guide: Artificial Intelligence – Discrimination in Employment Context

May 3rd, 2024|Categories: CLE Webinar|Tags: , , , , , , , , , |

On this CLE webinar, Duane Morris LLP Attorneys Alex W. Karasik, Gerald L. Maatman, Jr., and George J. Schaller discuss two novel artificial intelligence lawsuits, recent governmental guidance related to AI use, the business risks associated with AI, and mitigation strategies. 

Excluding Epidemiological Evidence Under FRE 702 in Toxic Tort, Medical Device, and Pharmaceutical Cases

June 22nd, 2023|Categories: Emerging Issues Webinars, Featured On-Demand, HB Tort Notes, New Webinars, Tort Litigation, Tort Webinars|Tags: , , , |

Excluding Epidemiological Evidence Under FRE 702 in Toxic Tort, Medical Device, and Pharmaceutical Cases Strategies for Exposing an Expert's Serious Methodological Deficiencies In every toxic tort, medical device, and pharmaceutical product liability case, a threshold issue is whether the product, device, or substance is even capable of causing the alleged harm in some part of the population. To establish this, lawyers rely first and foremost on epidemiological experts and research, the "gold standard" of general causation evidence. Causation, however, is a continuum, and no single study can prove causation. If the plaintiff's epidemiological testimony and related studies are excluded under Federal Rule of Evidence 702 and Daubert, the litigation will most likely end, or at least be significantly narrowed. Thus, admissibility under FRE 702 and Daubert is fiercely litigated in most cases. Courts are increasingly taking a "hard look" at experts' methodologies and assessing whether the expert's opinion reflects a reliable application of the principles and methods to the facts of the case. For example, courts are analyzing experts' logic, asking if their final opinions exceed the limits of applicable studies, and being sensitive to when experts are "cherry-picking" the evidence to fit the desired conclusions. Christopher Campbell Partner DLA Piper Stephen McConnell Partner Reed Smith Sarah Carrier Attorney DLA Piper Christian Castile Attorney Reed Smith CLE On-Demand Webinar This Strafford [...]

Defending Punitive Damages Cases and Preventing Runaway Awards: New Approaches

June 22nd, 2023|Categories: Emerging Issues Webinars, Featured On-Demand, HB Tort Notes, New Webinars, Tort Litigation, Tort Webinars|Tags: , , , |

Defending Punitive Damages Cases and Preventing Runaway Awards: New Approaches Runaway punitive damages awards continue to demonstrate that traditional defense strategies can fail against increasingly sophisticated arguments from the plaintiffs' bar. Getting the claim dismissed on summary judgment or arguing that the plaintiff failed to prove the necessary level of culpability may be tools but often fail as stand-alone strategies. Radically different approaches are needed. Counsel must develop a comprehensive strategy, including affirmatively telling the defendant's story. Defendants are finding success in invoking FRE 407 and arguing that subsequent changes have made punitive damages unnecessary. This approach may be instrumental in a variety of tort cases, including trucking and motor carrier cases. Laurie Webb Daniel Partner Webb Daniel Friedlander Kathryn Lehman Partner King & Spalding CLE On-Demand Webinar July 18th, 2023| 1:00PM Eastern This Strafford production has been specially selected for HB audiences. Why do motions to dismiss or for summary judgment usually fail? How can defense counsel give the jury a reason not to award punitive damages? Why must defense counsel, when punitive damages are alleged, think like a plaintiff's lawyer? How can anchoring be used effectively? How can counsel use FRE 407 to show that punitive damages are unnecessary? Finding and telling the defendant's story Focusing on the "why" of the defendant's actions Countering [...]

Influencing the Jury Using and Objecting to Demonstrative Exhibits

June 22nd, 2023|Categories: Emerging Issues Webinars, Featured On-Demand, HB Tort Notes, New Webinars, Tort Litigation, Tort Webinars|Tags: , , , |

Influencing the Jury Using and Objecting to Demonstrative Exhibits Developing a Visual Strategy for Trial, Recognizing Misleading or Inaccurate Exhibits, Proposed Amendments to FRE 611 Lawyers throw away an important opportunity to influence the jury if they do not offer their own demonstrative exhibits and object to misleading or inaccurate exhibits offered by their opponents. Jurors routinely create their own diagrams, charts, lists, etc. to visually organize and understand what they believe they heard and saw in the courtroom. Creating both an affirmative and defensive "visual strategy" for trial is as important as picking the theme for trial and requires planning and the proper foundation. Demonstrative exhibits are powerful tools that can be inaccurate or misleading--accidentally or intentionally. Too much, and the jury can be overwhelmed. The issue of misleading and inaccurate demonstrative exhibits and visual aids has fueled proposed amendments to Federal Rule of Evidence 6ll that could curtail their use or at least heighten the hurdles to using them. Professor Colin Miller Professor of Law University of South Carolina School of Law Justin Watkins Attorney Langdon & Emison Live CLE Webinar July 11th, 2023| 1:00PM Eastern This Strafford production has been specially selected for HB audiences. What is the difference between an exhibit and visual aid? Are demonstratives presumed acceptable unless objected to? In what ways [...]

Price Premium Damages in Class Actions: Establishing Whether Losses Are Capable of Measurement on a Classwide Basis

June 22nd, 2023|Categories: Emerging Issues Webinars, Featured On-Demand, HB Tort Notes, New Webinars, Tort Litigation, Tort Webinars|Tags: , , , |

Price Premium Damages in Class Actions: Establishing Whether Losses Are Capable of Measurement on a Classwide Basis Understanding the Measure of Loss and How Economic Experts Attempt to Model Them on a Classwide Basis Consumer fraud, false advertising, and latent-defect product class action cases often seek to recover the difference between the market price actually paid and the true market price that reflects the impact of the unlawful, unfair, or fraudulent business practice: the “price premium.” In evaluating price premium damages, plaintiff and defense experts often disagree about how and to what extent economic models are supposed to--and do--take into account both the demand and supply side of market. Separating the effect of the relevant claims from the effects of numerous other confounding factors must be done in accordance with rigorous scientific standards. In determining whether to certify proposed consumer classes, courts often evaluate price premium models proposed by plaintiff and defendant experts. This evaluation is often critical in the class certification decision as plaintiffs have the burden to demonstrate that the calculation of damages is possible on a class wide basis. Sascha Henry Partner Sheppard Mullin Hayley Reynolds Attorney Gutride Safier Jon Tomlin Senior Managing Director Ankura CLE On-Demand Webinar This Strafford production has been specially selected for HB audiences. What is conjoint analysis, generally, [...]

Combating Plaintiff Reptilian Tactics in Complex Litigation: Discovery, Voir Dire, Direct and Cross-Examination

June 9th, 2023|Categories: Emerging Issues Webinars, Featured On-Demand, HB Tort Notes, New Webinars, Tort Litigation, Tort Webinars|Tags: , , , |

Combating Plaintiff Reptilian Tactics in Complex Litigation: Discovery, Voir Dire, Direct and Cross-Examination Plaintiff attorneys use "reptile theory" to get larger plaintiff verdicts by appealing to the primal region of jurors' brains focused on safety and self-preservation. "Reptile" tactics seek to subtly lead the jury to believe that the defendant put all of society in danger and that a plaintiff's verdict is the only way to keep the world safe for themselves and others. Its proponents credit reptile theory for $6 billion-plus in jury verdicts, including a single $50 million verdict in a wrongful death case. To be most effective, reptilian theory tactics are deployed during every phase of a case, including discovery, opening statement, direct- and cross-examination, and closing argument. Defense attorneys must spot when reptilian tactics are being used and develop strategies for nullifying them. Listen as our authoritative panel of litigators shares how to defend against these tactics and create the best opportunity for success at trial. Beth C. Boggs Managing Partner Boggs Avellino Lach & Boggs Matthew D. Gurbach Partner Bricker Graydon Kathryn Whitlock Partner Bricker Graydon LIVE Webinar June 27th 2023| 1:00PM Eastern This Strafford production has been specially selected for HB audiences. What is the underlying basis for "reptilian" theory trial tactics? How are plaintiffs' attorneys leveraging reptile tactics to influence jurors? How [...]

Combating Plaintiff Reptilian Tactics in Complex Litigation: Discovery, Voir Dire, Direct and Cross-Examination

June 9th, 2023|Categories: Emerging Issues Webinars, Featured On-Demand, HB Tort Notes, New Webinars, Tort Litigation, Tort Webinars|Tags: , , , |

Combating Plaintiff Reptilian Tactics in Complex Litigation: Discovery, Voir Dire, Direct and Cross-Examination Plaintiff attorneys use "reptile theory" to get larger plaintiff verdicts by appealing to the primal region of jurors' brains focused on safety and self-preservation. "Reptile" tactics seek to subtly lead the jury to believe that the defendant put all of society in danger and that a plaintiff's verdict is the only way to keep the world safe for themselves and others. Its proponents credit reptile theory for $6 billion-plus in jury verdicts, including a single $50 million verdict in a wrongful death case. To be most effective, reptilian theory tactics are deployed during every phase of a case, including discovery, opening statement, direct- and cross-examination, and closing argument. Defense attorneys must spot when reptilian tactics are being used and develop strategies for nullifying them. Listen as our authoritative panel of litigators shares how to defend against these tactics and create the best opportunity for success at trial. Beth C. Boggs Managing Partner Boggs Avellino Lach & Boggs Matthew D. Gurbach Partner Bricker Graydon Kathryn Whitlock Partner Bricker Graydon LIVE Webinar June 27th 2023| 1:00PM Eastern This Strafford production has been specially selected for HB audiences. What is the underlying basis for "reptilian" theory trial tactics? How are plaintiffs' attorneys leveraging reptile tactics to influence jurors? How [...]

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