Myriah Jaworski on Arbitration as Defense Against Data Breach Class Actions

March 19th, 2021|Categories: HB Emerging Law Notes, HB Risk Notes, HB Tort Notes, Journal on Emerging Issues in Litigation|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 [...]

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

March 17th, 2021|Categories: HB Emerging Law Notes, HB Tort Notes|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.

Psychedelics Decriminalization and Regulation with Griffen Thorne

March 10th, 2021|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , |

Psychedelics Decriminalization and Regulation with Griffen Thorne Listen to my interview with Griffen Thorne, an attorney in the Los Angeles office of Harris Bricken LLP.  He focuses on corporate, transactional, intellectual property, data security, regulatory, and litigation matters across a wide variety of domestic and international industries. As part of Harris Bricken’s corporate cannabis team, he works closely with cannabis and hemp clients, whom he advises on obtaining licenses and permits, regulatory compliance, entity formation and structuring, mergers and acquisitions, corporate governance issues, contract drafting and negotiation, obtaining and protecting intellectual property rights, and administrative appeals and litigation. He also represents clients throughout a wide range of industries regarding compliance with United States, European, and Asian Internet, technology, and data security laws and regulations. We hope you enjoy the interview. Tom Hagy Send questions or comments to Editor@LitigationConferences.com. What does the future hold for psychedelics in America? How are states approaching the ownership and use of these drugs, either for recreational or their controlled therapeutic use?

Employment Law in the COVID-19 Era with Stefani Schwartz

January 22nd, 2021|Categories: ELP, HB Emerging Law Notes, HB Risk Notes|Tags: , , |

Employment Law in the COVID-19 Era with Stefani Schwartz Joining me to discuss this important subject is Stefani Schwartz, co-founder of the woman-owned employment-and-labor boutique Hatfield Schwartz in New Jersey. Stefani has devoted her legal career to representing employers in all aspects of employment law, including discrimination, harassment, retaliation, and wrongful termination matters. Stefani will be featured in the next issue of 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 awesome Stefani is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview, and a guest appearance by Benny, her Portuguese Water Dog, you know, because she's working from home. Stefani also shares one retail customer's quick fix for forgetting her face mask. More of us are working from home and, given it often has advantages, it's an arrangement that is likely to continue for many of us.  This raised the general question: Is your home officially "the office," with all the attendant rules and norms? What new risks do employers face? What new ways can employees find themselves in trouble? We're also getting vaccinated. But many are not. Can companies [...]

COVID-19 and the Courtroom with Alison Besunder

January 6th, 2021|Categories: ELP, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, Tort Litigation|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? [...]