Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility

August 8th, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

The world’s leaders still don’t agree on what, if anything, to do about climate change – despite mounting evidence that, as a planet, we are in the soup. A major ruling from the International Court of Justice says states have an obligation to save the planet, as the U.S. president is enthusiastically sprinting the other way, inspiring cheers from his base and jeers from scientists. As for domestic litigation designed to pin liability on the fossil fuel industry, a case in South Carolina faltered as another in Hawaii is clearing hurdles. Read the update from Tom Hagy.

From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick

August 7th, 2025|Categories: Complex Business Litigation, ELP, Law Firm Operations, New Featured Post for Home Page, Trial Strategy|Tags: , , , , |

Trial attorney and litigation consultant Elizabeth Larrick shares what more than 1,000 virtual focus groups have taught her about trial prep, from testing case narratives to refining jury selection. In this episode of the Emerging Litigation Podcast, discover how Zoom-based sessions reveal surprising insights into witness credibility, evidence presentation, and what really resonates with jurors—yes, even their take on orange socks.

Judge finds flaws in motion for an injunction against Trump’s wind turbine order

July 29th, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

While Trump’s freeze on offshore wind permits faces legal challenge, a federal judge isn’t convinced the states bringing the case have shown enough harm. In this article, guest contributor Justin Ward explains why the motion for an injunction was denied, what it means for the broader battle over renewable energy, and how executive power could stall green infrastructure without ever breaking the law.

Generative AI & Insurance

July 7th, 2025|Categories: CLE OnDemand, Insurance, Technology Law|Tags: , , , , , |

Join Marshall Gilinsky, Shareholder at Anderson Kill; Tiago Henriques, Chief Underwriting Officer at Coalition Insurance; Colleen Murphy, Partner at Goldberg Segalla; and Marc Schein, CIC, CLS, Risk Management Consultant at Marsh McLennan Agency, for a CLE webinar exploring how generative AI is transforming the insurance industry—from underwriting to claims handling. Gain insight into emerging risks, E&O considerations, and how AI tools are reshaping policies, liability, and the future of insurance coverage.

Artificial Intelligence Litigation Roundup

July 7th, 2025|Categories: Complex Business Litigation, Intellectual Property|Tags: , , , , |

The ongoing rise of artificial intelligence (AI) is reshaping legal landscapes, with a surge in antitrust and copyright lawsuits challenging the way AI integrates into business and creative industries. Key cases target AI-driven pricing platforms like RealPage and Yardi Systems, with plaintiffs alleging these tools enable collusive price fixing and drive up costs in sectors such as real estate, healthcare, hospitality, and equipment rental by aggregating and sharing sensitive commercial data. Meanwhile, copyright battles have intensified as creators, publishers, and developers sue major tech companies—including Cohere, Stability AI, OpenAI, Meta, GitHub, Microsoft, and Google—over the unlicensed use of their works to train AI models. These lawsuits argue that using copyrighted material without consent threatens creators’ rights and business models, while defendants counter with fair use and public domain defenses. The outcomes of these pivotal cases will set crucial precedents on acceptable AI practices, copyright scope, and the use of data for training language models. As AI continues to advance, these legal battles will play a defining role in shaping the future of competition, creativity, and consumer protection across industries worldwide. Read an excerpt and click to the full story on the Mogin Law LLP website.

Federal court rejects First Amendment defense in chatbot wrongful death case

June 26th, 2025|Categories: Complex Business Litigation, Technology Law|Tags: , , , , |

As generative AI tools grow more sophisticated—and more personal—the legal system is being forced to confront their potential harms. Guest contributor Justin Ward explores a chilling case against Character AI, where the mother of a teenage user is suing the company after her son took his own life. The boy had become fixated on an AI-generated version of a Game of Thrones character. In a significant ruling, a federal judge refused to dismiss the case on First Amendment grounds, challenging assumptions about whether AI output qualifies as protected speech—and raising urgent questions about AI accountability, user vulnerability, and the boundaries of tech company liability.

Class action alleges Ziploc misled consumers about harmful microplastics in its products

June 4th, 2025|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , |

Amid rising concerns about toxic chemicals in consumer products, Apple finds itself under scrutiny. Guest contributor Justin Ward examines the controversy surrounding Apple’s smartwatch bands after researchers detected elevated levels of PFAS, or “forever chemicals.” While Apple insists its products are safe, a class action lawsuit alleges deceptive marketing and health risks, raising broader questions about accountability and chemical transparency in tech and apparel.

Valid Antitrust Concerns or Partisan Objectives: Which Will Guide Trump’s FTC?  

April 9th, 2025|Categories: Class Actions, Corporate Compliance, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , |

Concerned that the spirit of retribution that drove executive orders against some of the nation's largest law firms will carry over to business deals, Tom Hagy writes about recent changes at the Federal Trade Commission and some of the comments from the new chair that suggest infusion of retribution into the process of examining business deals is inevitable.

Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab

March 27th, 2025|Categories: ELP, Environmental Torts, Mass Torts|Tags: , , , , |

In this episode of the Emerging Litigation Podcast, you will discover the legal complexities of wildfire litigation as Ed Diab, founding partner of Diab Chambers LLP, unpacks the strategies used to establish liability against utility companies in the wake of Southern California’s devastating January 2025 wildfires. With over 100 lawsuits filed against power providers like Southern California Edison, plaintiffs—including public entities, individuals, and insurers—face an uphill battle proving negligence and inverse condemnation claims. Ed shares insights on case-building strategies, the role of expert investigations, key legal defenses raised by utilities, and the evolving litigation landscape. Tune in for a deep dive into how these high-stakes cases unfold. Don't miss this episode!

Injunction against Trump’s DEI executive orders unlikely to stem massive wave of ‘reverse discrimination’ lawsuits

March 18th, 2025|Categories: Corporate Compliance, Employment, HB Tort Notes, Journal, New Featured Post for Home Page, News|Tags: , , , , , , |

Justin Ward examines the recent federal court injunction against President Trump’s executive orders targeting Diversity, Equity, and Inclusion (DEI) programs. While the ruling temporarily halts enforcement of these orders, legal experts suggest it’s unlikely to slow the growing wave of “reverse discrimination” lawsuits. Since the Supreme Court’s 2023 decision in Students for Fair Admission v. Harvard, more than 100 claims alleging discrimination against majority groups have been filed. Additionally, state legislation and an upcoming Supreme Court case, Ames v. Ohio Department of Youth Services, could further lower the bar for such claims, potentially fueling even more litigation.

Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts

February 21st, 2025|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , , |

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.

Class Action Defense: Key Developments on the Arbitration Front

February 8th, 2025|Categories: Class Actions, CLE OnDemand, Corporate Compliance, New Webinars|Tags: , , , , , , |

Gain a better understanding of the key developments on the arbitration front related to class action defense, including the key U.S. Supreme Court rulings shaping the litigation landscape and the main arbitration trends to remain vigilant for on a CLE webinar featuring experienced class action defense attorneys Gerald L. Maatman, Jr. and Eden E. Anderson. Register today!

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