Under Pressure: Courts and Lawyers Trying to Deal With It with Diana Manning

January 6th, 2023|Categories: ELP, Emerging Litigation & Risk, News|Tags: , , , , |

The pressure on trial lawyers, judges, plaintiffs, defendants, and court systems is only increasing. The backlog of cases in New Jersey, for example, nearly quadrupled between February 2020 and 2021, the first year of the pandemic, according to NJ Spotlight News (NJSN). The state is also facing a historic shortage of jurists, NJSN reported, “leading to overworked judges, huge case backlogs and nearly 7,000 defendants in jail without bail, some 500 of them for more than two years despite a law that essentially requires a trial within two years for anyone detained." As reported by NJSN, one court official told the state Assembly Budget Committee about the impact of the pandemic on the court system: “Buildings were closed to most in-person trials for more than a year, although other proceedings continued virtually. The business closures and high unemployment led to a housing crisis that resulted in more than 46,000 pending cases that involve landlord-tenant issues . . . . But with all courts open and staff back to work in person, it is impossible to eliminate the backlog of cases with so many open judge seats.” The problem is attributed to the state Senate, where the process is mired, even though the governor is making appointments. According to the National Counsel for State Courts, backlogs at one third of [...]

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 [...]

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 [...]

Data-Driven Legal Guidance with Ed Walters

November 26th, 2022|Categories: ELP, Emerging Litigation & Risk, News|Tags: , , , , |

Today we’re going to talk about the weather. But only for a minute. Mostly we’re going to talk about the use of big data in the practice of law. There is a reason IBM acquired the digital assets of The Weather Channel, and it's not because they are climate nerds. They bought it to put weather data to work to “operationalize [the] understanding of the impact of weather on business outcomes.” Think about the economic impact of snowstorms, hurricanes, and even less dramatic weather conditions, or the impact on the durability of manufacturing or building materials as temperatures rise or fall outside the norm. While we all crave meteorological precision, we also crave precision when making legal and business decisions. Clients ask questions like these all the time: What is our case worth? What size award will we get? Where should I file? Will the judge grant summary judgment? Should I even bring this suit?  Lawyers will draw on experience to offer their best advice, providing ranges followed by caveats and usually preceded by the most lawyerly of lawyer answers: “It depends.”  As my guest points out, lawyers also get business-related questions. Business-related answers may begin with "it depends," but must end with a number. When a CEO asks how much revenue your project will generate, "more" is not the [...]

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 [...]

Federal Judge, Two Attorneys Honored for Excellence in Ethics in Complex Litigation

September 28th, 2022|Categories: HB Tort Notes, News|Tags: , , , , |

For Immediate Release U.S. Appellate Judge, Two Attorneys Honored for Ethics in Complex Litigation First-ever awards for ethics in complex litigation excellence will be presented Oct. 22, 2022. Nominations were evaluated by a committee comprising a federal judge, scholars, and litigators. Committee selected a current judge on the Ninth Circuit U.S. Court of Appeals, a plaintiff’s attorney, and a defense attorney. SAN FRANCISCO – Sept. 28, 2022 – Nominated for their contributions to ethics in class actions and complex litigation, the first-ever recipients of the Awards for Excellence in Ethics in Complex Litigation are: jurist, scholar, and teacher, the Honorable William Fletcher; preeminent plaintiff’s attorney Elizabeth J. Cabraser; and distinguished employment defense attorney Fred W. Alvarez. The awards will be presented at the inaugural Complex Litigation Ethics Conference on Oct. 22, 2022, held at the UC Hastings College of the Law in association with the college’s Center for Litigation and Courts. Program co-chairs Joshua P. Davis and Scott Dodson – both professors at UC Hastings – have assembled an exemplary faculty of leading jurists, litigators, and other subject matter experts. “In developing this program we wanted not only to educate litigators and stimulate discussion on the important and evolving ethical aspects of this practice, but also to honor those who have demonstrated leadership, scholarship, and dedication in promoting ethical [...]

Announcing the Complex Litigation Ethics Conference

August 25th, 2022|Categories: Class Actions, Complex Business Litigation, HB Tort Notes, New Featured Post for Home Page, News|Tags: , , , , |

A leading academic and practitioner, Joshua P. Davis (davisj@usfca.edu) is a nationally recognized expert on legal ethics and class actions, as well as on artificial intelligence in the law, antitrust, civil procedure, free speech, and jurisprudence. He has published more than 30 scholarly articles and book chapters on these subjects and is currently writing a book on AI titled Unnatural Law, which will be published by Cambridge University Press. He is Research Professor of Law at the University of California Hastings College of Law, and a Shareholder of the Berger Montague PC law firm and Manager of its new San Francisco Bay Area Office. Before taking these posts, for more than 20 years Davis was a tenured Professor of Law at University of San Francisco Law School, where he also served as the Director of the Center for Law and Ethics. Davis is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation, published by Fastcase Full Court Press. Tom Hagy, Editor in Chief. An expert in civil procedure and federal courts, Professor Scott Dodson is the James Edgar Hervey Chair in Litigation and Geoffrey C. Hazard Jr. Distinguished Professor of Law at UC Hastings Law. He has published seven book titles, including The Legacy of Ruth Bader Ginsburg (Cambridge 2015) and New Pleading in [...]

PTSD in Mass Torts & Multi-Plaintiff Cases. What attorneys need to know.

August 19th, 2022|Categories: Complex Business Litigation, Employment, Featured On-Demand, Torts-On-Demand-CLE|Tags: , , , , |

PTSD in mass tort and multi-plaintiff cases. What attorneys need to know. Mass tort claims arise most frequently in man-made and natural disaster catastrophe litigation as well as personal injury, employment, product liability and toxic tort litigation. Frequently, these lawsuits include either primary or secondary allegations of emotional distress. PTSD is one of the most common emotional distress claims alleged within mass tort litigation, as well as allegations of depression and emotional stress (anxiety).  Join an experienced psychiatrist and psychologist who will cover topics relevant to the forensic psychiatric assessment of emotional damages within mass tort and complex litigation.   Agenda Introduction: Defining PTSD. What it is and what it is not. The methodological approach to assessing allegations of emotional distress in mass tort & complex litigation. The importance and the methodology of psychological testing as part of the assessment of emotional distress claims in mass tort litigation. Claimant population screening. Using psychological test instruments to differentiate claimants who require in-depth forensic psychiatric assessment from claimants who do not.  Are all psych tests the same? Types of psychological test instruments we recommend and ones that we do not — and why.   So-called “PTSD Tests.” Do they have a role in forensic psychological assessments? Accuracy and reliability of conclusions derived from psychological test data. Taking a “team approach” to emotional distress claim [...]

Epiq Class Action Settlement Efficiency

August 19th, 2022|Categories: Class Actions, CLE OnDemand, Complex Business Litigation|Tags: , , , , |

Epiq presents a CLE-eligible webinar Wait Wait ... Don't Settle! Essential elements of effective class action settlements. When it comes to complex class action litigation, once the hard work is done – litigation and settlement – more hard work begins – administering it.  But is the deal really ready? After years of arduous proceedings, discovery, motions, appeals, hearings, negotiations, and more, the scope and structure of your settlement has been drafted. Everyone is in agreement. The hard work of the courts, the attorneys, the legal teams, and the litigants is complete. Now it's time to administer the settlement. Send out notices. Cut the checks. Get people paid. Boom! Sit back and relax. Get a claims administrator to take it from there. But wait … you find out that the terms of the agreement, the promises made, the budget established, and the deadlines calendared are not only inefficient, they are completely unworkable. Now the settlement is in jeopardy. The clients are frustrated. The court is frustrated. And you have a headache. That is a situation you, as a class action attorney, never want to find yourself in. The best way to avoid this quagmire is for attorneys to work with a professional and experienced claims administrator before you agree on settlement terms, someone who has been to this rodeo [...]

Maximizing Insurance as Climate Change Intensifies

August 14th, 2022|Categories: CLE OnDemand, Environmental Torts, HB Risk Notes, Insurance, Mass Torts|Tags: , , , , |

HB presents an Anderson Kill webinar on-demand MAXIMIZING INSURANCE RECOVERY AS CLIMATE CHANGE INTENSIFIES As weather-induced disasters continue to intensify, maximizing insurance coverage after major storms, floods, wildfires, and other natural cataclysms is an essential survival skill for any business. In this session, attorneys who have successfully litigated property, business interruption and contingent business interruption claims from Hurricanes Katrina through Ida, along with wildfire and other major disaster claims, walk participants through all phases of insurance recovery, from buying the right policies to pursuing claims with persistence and awareness of pitfalls, to litigating successfully when necessary. Specific lessons from Hurricanes Sandy (2012), Harvey (2017) and Maria and Irma (2020) will be addressed. Topics: Developing a pre-storm preparedness plan, including mitigation efforts, assembly of a claims team, and insurance coverage review; Moving quickly to protect property from further damage, performing all emergency repairs, and documenting all losses in detail; Preparing and presenting well-supported property damage claims; Recognizing and including business interruption losses and extra expense outlays; Highlighting policy interpretation issues that affect the scope of available coverage; Outlining strategies for pursuing claims and incentivizing the insurance company to resolve them with due speed. On-Demand Registration Includes 1+ CLE credits (subject to bar rules). CLE codes are embedded in the video. CLE questions? [...]

High-Asset Divorce Litigation with Robert D. Boyd and Kimberli C. Withrow

August 2nd, 2022|Categories: Complex Business Litigation, ELP, Emerging Litigation & Risk, Insurance, News|Tags: , , , |

High-Asset Divorce Litigation  Let's assume this is good news. The divorce rate appears to be coming down. Either people are more committed to these unions or have succumbed to lifetimes of misery. But the common belief -- that "50% of all marriages end in divorce" -- doesn't enjoy statistical support. Six percent of people who divorce get back together, so that's something, too.   According to Monster.com, the rate is higher among people working in fading industries, like certain machine operators. Despite frequent coverage of Hollywood breakups, they don't mention entertainers, other than dancers and choreographers, who don't fare well in marriage. Lawyers, in general, do not have a particularly high divorce rate. For insights into high-asset divorces, listen to my interview with Robert D. Boyd and Kimberli C. Withrow  of Boyd Collar Nolen Tuggle & Roddenbery. Bob Boyd is a widely recognized leader in the practice of high-net-worth divorce litigation and contested custody cases. He is a former prosecutor and a U.S. Army Ranger and Paratrooper.  Education: J.D., West Virginia University (Editor-in-Chief, West Virginia Law Review); B.A., United States Military Academy at West Point. Kimberli Withrow has 16 years’ experience representing clients in family law matters. She has served as trial counsel and hearings involving divorce, child custody, and child support matters.  Education: J.D., Emory University School of Law; B.A., [...]

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