Two logos side by side with Critical Legal Content in a red square on the left and HB Litigation in blue on the right

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 [...]

Read More

Virtual Hearings: Changing Perceptions of Executive Testimony?

August 12th, 2021|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Risk Notes, Journal, News, Technology Law|Tags: , , |

Virtual Hearings: Changing Perceptions of Executive Testimony? Abstract Given the newly acceptable ease of securing testimony via webcam—necessitated by the pandemic—this article focuses on efforts to compel the appearance of corporate executives to testify in litigation. While there are many practical advantages to virtual testimony, the authors maintain that mere convenience cannot replace legal standards of relevance and undue burden when pursing the testimony of executives. Authors Sean J. Coughlin (scoughlin@bressler.com) is a Principal in the Financial Institutions group at Bressler, Amery & Ross, P.C., where he represents institutions and individuals in regulatory investigations and defense litigation. Before joining the firm, he was an Executive Director in the legal department at Morgan Stanley, a Managing Director at Citigroup/Smith Barney, and a Senior Assistant District Attorney in the Kings County District Attorney’s office. Jacqueline R. Meyers (jmeyers@bressler.com) is an associate at Bressler, Amery & Ross, P.C., whose practice focuses on securities defense litigation, arbitration, and regulatory investigations. She has specialized experience in litigation concerning arbitrability and enforcement of arbitration awards. 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 questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com. [...]

Read More

The Age of Social Disparagement with Charlie Kingdollar

July 7th, 2021|Categories: Complex Business Litigation, ELP, HB Risk Notes, Insurance, News|Tags: , , , |

The Age of Social Disparagement with Charlie Kingdollar It was my pleasure to interview Charlie Kingdollar for our first episode of the Emerging Litigation Podcast. Charlie spent more than four decades with General Reinsurance, three-quarters of which as the company’s Emerging Issues Officer. One colleague described him as “one of the most prescient and gifted industry futurists I have met in my 36 year professional career within the insurance industry. Entertaining and insightful, his ability to digest and communicate complex issues, many before they are readily apparent, is both a gift and a talent.” This interview is based on his article on social disparagement coming out in the inaugural issue of the Journal on Emerging Issues in Litigation in January 2021.  The Journal is a collaborative project between HB and Fastcase. If you have comments or wish to participate in one our projects, or want to tell me how awesome Charlie is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview. Are the risks posed by social media — which has added jet fuel to one person’s ability to smear another — adequately addressed by the insurance market?

Read More

Labor Law in 2021 with Kathryn Hatfield

July 6th, 2021|Categories: Complex Business Litigation, Corporate Compliance, ELP, Employment, HB Risk Notes, News|Tags: , , , |

Labor Law in 2021 with Kathryn Hatfield Participation in labor unions is less than half of what it was 40 years ago. It has seen an uptick in the service sector, but a sharp decline in manufacturing. According to economist Heidi Shierholz decline in union rolls is partly responsible for today's yawning income inequality gap. Recently we've seen the formation of a modest union at Google and a movement among Amazon workers. We've also seen how the pandemic has shone a bright light on the fragility of our nation's workforce struggling to survive at the bottom rungs of the pay scale. Joining me to speak about these issues is Kathryn Van Deusen Hatfield, a senior managing partner at Hatfield Schwartz Law Group in New Jersey.  Kathy represents private and public sector employers in all aspects of labor and employment law, with expertise in litigating state and federal cases on behalf of employers involving Title VII, the ADA, the ADEA and the New Jersey Law Against Discrimination, and providing legal opinions and advice on personnel, employment and labor issues.  Kathy shares her insights on recent developments in the labor movement, some of the causes of its decline, how unions get a bad rap, and how, even though she represents management, she believes unions can be a good thing [...]

Read More

Policyholders Hit With Ransomware, Then Strike Insurance Coverage Oil in Indiana

June 30th, 2021|Categories: Complex Business Litigation, HB Risk Notes, HB Tort Notes, Insurance, Journal, News|Tags: , , , |

Policyholders Hit With Ransomware, Then Strike Insurance Coverage Oil in Indiana Abstract The cost of ransomware to businesses is estimated to have doubled since 2019 to $20 billion, according to Coveware. Policyholders turn to their insurance policies to recover losses that average more than $230,000 per incident. In the case discussed, the carrier denied a policyholder’s claim as being outside the computer fraud provisions of the commercial crime portion of the policy. Two lower courts sided with the carrier, but the Indiana Supreme Court ruled in favor of coverage. This is a significant win for policyholders seeking coverage for losses under policies not sold as “cyber insurance.” The article discusses the decision and the precedents cited in an area of litigation that only promises to expand as ransomware and similar digital crimes proliferate. Author Scott Godes and Andy Detherage were counsel to United Policy-holders, which submitted an amicus brief in favor of granting transfer and reversing the lower court decision, in the Indiana Supreme Court decision referenced in this article. Messrs. Godes and Detherage are partners in Barnes & Thornburg LLP. 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 questions, contact Tom Hagy, Editor [...]

Read More

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 [...]

Read More

Charlie Kingdollar on Emerging Issues Facing the Property & Casualty Insurance Industry

March 17th, 2021|Categories: Complex Business Litigation, HB Tort Notes, Insurance, News|Tags: , , , , |

Emerging Issues Facing the Property & Casualty Insurance Industry: What Has, What Is, What Will Be Charlie Kingdollar was Emerging Issues Officer for GenRe where he worked for 40 years, much of which was spent monitoring hundreds of new risks at any given time. In this article, Charlie discusses risks that have long-since emerged but continue today, risks that are starting to reveal themselves, and risks just starting to appear on the horizon. Read or download his article published in the latest issue of the Journal on Emerging Issues in Litigation.

Read More

Will We See More Antitrust Litigation During Biden Administration?

March 16th, 2021|Categories: Complex Business Litigation, Corporate Compliance, News|Tags: , , , , |

One Current and One Former FTC Official Weigh in on Outlook for Antitrust Litigation (Excerpt from MoginRubin Blog) FTC Commissioner Noah Phillips and George Washington Law School Competition Law Director William E. Kovacic, who once chaired the agency, appeared on a webinar today (March 16, 2021) hosted by the Information Technology and Innovation Foundation (ITIF). Aurelien Portuese, ITIF’s Director of Antitrust and Innovation Policy, asked the speakers what we might expect from the Biden administration in terms of antitrust law, reform, and enforcement. “I think that the aggressiveness that's going on in court right now will increase," Phillips said. "I think you'll see more litigation. What effects that will have I'm not sure. That can result in more antitrust, if you will, but it can also result in losses and legal rulings that don't favor the agencies. But I do think you'll see more litigation." He went on to predict "an increasing attempt to slow M&A generally." “On litigation," former FTC Chair Kovacic said, "the new leadership in many ways is committed to doing much more and, in an exaggerated way, they have denigrated the significance of what's already on the way. They're going to discover in a hurry how hard it is to bring the matters that are in flight already to a successful landing." Read more [...]

Read More

COVID-19 and the Courtroom with Alison Besunder

January 6th, 2021|Categories: ELP, Emerging Litigation & Risk, HB Risk Notes, Law Firm Operations, Mass Torts, News, Technology Law|Tags: , , , , |

COVID-19 and the Courtroom with Alison Besunder Joining me is Alison Besunder on this timely and evolving subject.  It’s based on her article — Crisis is the Mother of Change: How a Pandemic Sparked Progress in Courtroom Efficiency — which will be featured in the January 2021 issue of the Journal on Emerging Issues in Litigation. Alison brings extensive experience counseling clients on matters ranging from the simple to complex, helping them prevent future disputes through proactive planning and to resolve disputes that proceed to litigation. She is a frequent speaker on topics such as Estate Planning During Divorce, End of Life Decision Making, Cyber-Security for Lawyers, and Social Media and Ethics.  She operated her own firm for several years and in 2019 joined Goetz Fitzpatrick LLP. The Journal is 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 awesome Alison is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview. What efficiencies have been foisted upon our nation's courts as a result of the COVID-19 pandemic?  What has worked and what has not? Are we going to see permanent implementation of things like webcam hearings and virtual trials? [...]

Read More

The Antitrust Case Against Google

October 30th, 2020|Categories: CLE OnDemand, Complex Business Litigation, HB Risk Notes, Mass Torts, News, Technology Law|Tags: , , , |

The Antitrust Case Against Google Perspectives from highly regarded competition law attorneys, litigators, and economists. This overview and Q&A has been developed for advertisers, mobile device makers, app developers, corporate counsel, business writers, and search market participants. The U.S. Department of Justice and 11 states have filed a sweeping antitrust suit against Google alleging the tech giant  abuses its position as "monopoly gatekeeper for the internet" to block competitors. The complaint says Google has used anticompetitive tactics to maintain and extend its monopolies in the markets for general search services, search advertising, and general search text advertising. The federal and state governments charge Google uses "exclusionary agreements, including tying arrangements" to "lock up distribution channels and block rivals." Google's considerable wealth helps make this happen. Google pays billions of dollars a year to distributors to secure their position as the default search engine, and prohibits these companies from dealing with Google competitors. Google's exclusionary strategy is being applied more harshly in newer technologies, such as voice assistants, and in its goal of dominating other platforms in the IoT category, such as smart speakers, home appliances, and autonomous cars. Without a court order, the government plaintiffs say, "Google will continue executing its anticompetitive strategy, crippling the competitive process, reducing consumer choice, and stifling competition." What does all of this mean [...]

Read More

Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment

October 17th, 2020|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes, News|Tags: , , |

MoginRubin LLP By Dan Mogin, Jonathan Rubin, Jennifer M. Oliver, and Timothy Z. LaComb Journal: Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track. Author, Jonathan Rubin, MoginRubin LLP. Podcast: Algorithmic Software Facilitated Price Fixing with Jonathan Rubin Journal:  FTC v. Amazon: Market Definitions and Section 5 of the FTC Act. Author, Jonathan Rubin, MoginRubin LLP Blog: Full Ninth Circuit Removes Unwarranted Hurdles to Class Certificatio. Authors, Jonathan Rubin and Dan Mogin, MoginRubin LLP Blog: FTC’s Case Against Facebook Will Test the Flexibility of U.S. Antitrust Law. By Jonathan Rubin and Jennifer Oliver, MoginRubin LLP OnDemand CLE Webinar:   The Antitrust Case Against Google. Speakers Dan Mogin, Jonathan Rubin, Jennifer Oliver, Timothy LaComb, John Newman, Dr. Alan Grant OnDemand CLE Webinar: Class Certification After Olean v. Bumble Bee, Jonathan Rubin, James Bogan, Jonathan Cohn, Bradley Hamburger Interested in More CLE OnDemand? Click Here. Interested in this program? Click here to send us a note. Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment At a conference earlier this year on the Committee on Foreign Investment in the United States, or CFIUS, Assistant Treasury Secretary Thomas P. Feddo spoke with pride of the Committee’s increased funding, jurisdiction, expenditures, and more aggressive review activities. Feddo began [...]

Read More

Heavy Metals in SFO Bay

October 16th, 2020|Categories: Complex Business Litigation, Environmental Torts, HB Tort Notes|Tags: , , , |

Legal Writer Law Street Media San Francisco Baykeeper Sues Aviation Part Manufacturer Over Heavy Metal Pollution Reposted with permission of Law Street Media and Fastcase. On Tuesday in the Northern District of California, plaintiff San Francisco Baykeeper filed a civil action against defendants Allied Engineering & Production Corp., Allied Land Co. (collectively Allied), and Stone Boatyard to rectify the alleged past and ongoing contamination of canal shoreline near the San Francisco Bay. The plaintiff brings the suit under the private attorney general provision, asserting rights on behalf of the public against the defendants for supposedly dumping metal shavings in the Oakland Inner Harbor Tidal Canal in violation of the law. Baykeeper is an environmental non-profit organization with approximately 3,500 members who live and recreate in and around the San Francisco Bay area. The organization’s mission is “to defend San Francisco Bay from the biggest threats and hold polluters accountable to create healthier communities and help wildlife thrive.” It monitors and investigates pollution as part of its efforts to ensure that the bay is clean and safe for recreation. Defendant Allied Engineering operated a machine shop from 1951 to about 2011, located in Alameda, Calif., on a property that Allied Land owned. The machine shop manufactured aviation industry components and stored hazardous materials, hydraulic oils, [...]

Read More
Go to Top