The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies)

February 24th, 2023|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , , |

The Author Edgar C. Gentle III (egentle@gtandslaw.com) is founder and managing partner of Gentle, Turner, Sexton & Harbison LLC in Birmingham, Alabama, where he focuses on complex commercial litigation, mass torts, and class actions. He also serves as a court appointed neutral and settlement administrator. 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. The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies) "States that allow medical monitoring do so when a group of claimants has been exposed to a known hazardous substance, such as lead, or a dangerous product, such as football helmet concussions, or air decompression in an airplane, through the conduct of the Defendant, with [...]

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Will a New Wave of New Environmental/Toxic Tort Litigation and Claims Upend Insurance Industry Environmental Reserves?

February 24th, 2023|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , |

The Author Charlie Kingdollar spent his career as emerging issues officer for a major global insurance company, tracking hundreds of future risks like those discussed in this article. Charlie is also a valued 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. Will a New Wave of New Environmental/Toxic Tort Litigation and Claims Upend Insurance Industry Environmental Reserves? "PFAS chemicals are commonly called “forever chemicals,” because once released into the environment they can take hundreds or even thousands of years to break down." "Estimates that the ultimate costs of [these and other] environmental claims will land between $45 billion and $55 billion is terribly low. Maybe [...]

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Video Game or Casino? An International Examination of Loot Boxes and Gambling Regulations by Darius Gambino

January 12th, 2023|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , |

The Author Darius C. Gambino is a Partner at Saul Ewing Arnstein & Lehr LLP in Philadelphia. He has more than 25 years’ experience practicing patent, trademark, and copyright law in the United States and abroad. 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. Video Game or Casino?  An International Examination of Loot Boxes and Gambling Regulations "To date, and with exception of online casino games, access to most video games has not been strictly limited by age or other criteria. That, however, may be changing." Abstract: Video games are ubiquitous and wildly popular. They can be played alone, in competition against other gamers, and on teams. Users can access them via dedicated consoles, personal computers, [...]

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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, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|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 [...]

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PFAS Litigation—A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits: What Are the Legal and Business Risks to Companies by John Gardella

November 30th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , |

The Author John P. Gardella (jgardella@cmbg3.com) is a shareholder and Chief Services Officer at CMBG3 Law, where he also chairs the firm’s PFAS, Environmental, Risk Management and Consulting and ESG practice groups. John is the latest addition to the Editorial Board of Directors for the Journal on 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. PFAS Litigation A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits "It is of the utmost importance that businesses along the whole supply chain in the consumer goods sector evaluate their PFAS risk and fully understand the legal arguments that plaintiffs could make against companies in litigation." Abstract: Per- and polyfluoroalkyl substances (PFAS) are a [...]

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EMR Audit Trail—What Is It? Why Do They Matter? What Should You Look For? by Haley K. Grieco and Brooke E. Reddin

September 20th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , , , , |

The Authors Haley K. Grieco (hgrieco@hallboothsmith.com) is a partner in the Paramus, New Jersey, office of Hall Booth Smith, where she defends physicians, hospitals, and other healthcare providers in a wide range of medical malpractice litigation. Brooke E. Reddin (breddin@hallboothsmith.com) is an associate with the firm, where she focuses her practice on healthcare, medical malpractice, and aging services 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. EMR Audit Trail—What Is It? Why Do They Matter? What Should You Look For? "As the healthcare industry becomes increasingly digitized, it is imperative that attorneys appreciate the impact it may have on their clients and their practice. In medical malpractice matters, discovery requests for metadata—specifically, the production of the EMR [...]

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Employers Be WARNed: Workforce Reduction Rules Meet New Workplace Definitions as Employees Go Remote by Juan Enjamio and Steven DiBeneditto

September 6th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , , |

The Authors: Juan C. Enjamio (jenjamio@huntonak.com) is managing parter of the Miami office of Hunton Andrews Kurth where he dedicates his practice to complex domestic and international employment law matters. Steven J. DiBeneditto Jr. (sdibeneditto@huntonak.com) is a Washington, DC-based associate in the firm’s employment and labor group. 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. Employers Be WARNed Workforce Reduction Rules Meet New Workplace Definitions as Employees Go Remote "Numerous courts have opined that a “home base” is a place in which the employee has some sort of physical connection. But this connection must be more than a “notional” base, whereby the employee has a menial relationship." Introduction A common sentiment during the Covid-19 pandemic was that [...]

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Insurance Coverage for Digital Assets: Mitigating Losses in Cryptocurrency and Non‐Fungible Token Markets by Scott DeVries, Jessica Cohen-Nowak and Adriana Perez of Hunton Andrews Kurth

August 31st, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , , , , , |

Companies and individuals are riding the ups and downs of cryptocurrency and NFTs—with losses and swings in the billions of dollars—but digital assets are not going away. Abstract: The risk of loss in certain categories may be mitigated by insurance, whether provided by tailored policies and/or under policies designed specifically for digital asset owners. Those with exposure to the digital asset sector should be attuned to the emerging marketplace for such insurance products. While it is early days for NFT-specific coverage, the rise of cryptocurrency has created a substantial marketplace for crypto coverage. Insurers are becoming increasingly able to model and assess risk, so more products are coming to market. That said, digital asset holders need to be able to select coverage that best suits their needs. In this article, the authors discuss the history and status of coverage for digital assets to assist [...]

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The Environmental, Social, and Governance Police Have Arrived: Is Your Insurance Ready? by Robert D. Chesler and Dennis J. Artese

August 29th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , |

The Authors Robert D. Chesler (rchesler@andersonkill.com) is a shareholder in Anderson Kill’s New Jersey office and is a member of the firm’s Cyber Insurance Recovery Group. He represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Dennis J. Artese is a shareholder in Anderson Kill’s New York office and chairs the firm’s Climate Change and Disaster Recovery Group. Both are members of the Editorial Advisory Board of the Journal. 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. The ESG Police Have Arrived: Is Your Insurance Ready? "ESG has become a major initiative for corporate America. In particular, the environmental prong of ESG calls for companies to institute [...]

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Litigating a Claim to Recover Liquidated Damages by Laura Fraher

August 24th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , |

The Author Laura C. Fraher (fraher@slslaw.com) is a senior attorney in the trial and construction group at Shapiro, Lifschitz & Schram in Washington, D.C. She has extensive experience in civil litigation at both the trial court and appellate level. Competitive by nature, Laura played rugby for nearly 20 years. She puts this competitive spirit to work through her passion for the law and her clients. Education: St. John’s University School of Law, J.D., 2001, magna cum laude; SUNY College at Geneseo, B.A., Political Science, 1998. 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. Litigating a Claim to Recover Liquidated Damages: Enforceability Depends on Evidence of Good Faith Expectations "The tests and standards that courts apply to evaluate whether [...]

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Wildfire Claims and Coverage

June 14th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , |

The Authors Scott P. DeVries (sdevries@huntonak.com) is a special counsel in the Hunton Andrews Kurth LLP’s Insurance Coverage group in the firm’s San Francisco office where he exclusively represents policyholder clients. An experienced trial and appellate lawyer who has served as lead counsel in landmark appeals in the field of insurance coverage in the California Supreme Court, the Ninth Circuit, and the California Court of Appeal, as well as high-value jury trials, Scott routinely represents clients throughout the country seeking recovery from their insurers on a wide range of insurance issues arising under first-party property policies, comprehensive general liability policies, directors and officers policies, EPLI policies, crime policies, crypto and digital asset policies, and cyber policies. Yosef Itkin is an associate in Hunton Andrews Kurth LLP’s Insurance Coverage group in the firm’s Los Angeles office. His practice focuses on representing and advising corporate policyholders [...]

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Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute

October 26th, 2021|Categories: Cyber Risk Litigation, HB Emerging Law Notes, HB Risk Notes, Journal on Emerging Issues in Litigation|Tags: , , , , , , |

Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute Abstract This case discussed in this article is about two methods of editing DNA: one that has infinitely more lucrative applications because it can edit human DNA (plus all animals and plants), another that works in cell-free environments. Whether inventions are separate or part of the same innovation is an important factor in patent interference disputes; if there are two patentably distinct inventions there cannot be interference. One party in this case lost its argument that there was only one invention at issue, but returned with a second interference claim, arguing that it was the first inventor to constructively reduce to practice the animal and plant DNA editor. In this article, the author examines the nuances and intricacies of the patent process in the world [...]

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