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!

Forever Chemicals: Insurance Recoveries for PFAS Liabilities

March 26th, 2025|Categories: CLE OnDemand, Environmental Torts, Insurance, New Webinars|Tags: , , , , |

Take this CLE webinar and gain a better understanding of the evolving legal, regulatory, and insurance landscape surrounding PFAS ("forever chemicals") and their growing impact on businesses and insurers. We feature experienced insurance recovery attorneys Bob Horkovich and Cameron Argetsinger and environmental experts Arthur J. Clarke and Walker Prentke from J.S. Held. Take it now or when you're ready. It's on demand!

When Chemical Crises Strike with Ed Gentle and Kip Benson

November 12th, 2024|Categories: ELP, Emerging Litigation & Risk, Environmental Torts, Mass Torts|Tags: , , , , , , |

Soon after emergency response teams scramble into action to address chemical fires, explosions, or other toxic events, attorneys begin gathering and analyzing information either to mitigate corporate risk or to seek remedies for anyone impacted by such an event. Listen to our interview with Edgar C. "Ed" Gentle III and Katherine "Kip" Benson of Gentle, Turner & Benson LLC, about legal activity that goes on in the immediate aftermath of a toxic event. Ed and Kip draw on their deep experience resolving this type of litigation to discuss the flurry of activity that unfolds at law firms and inside legal departments within hours of a disaster.

Defense of Data Breach Class Actions: Key Trends, Rulings, and Settlements

September 26th, 2024|Categories: Class Actions, CLE OnDemand, Complex Business Litigation, New Webinars|Tags: , , , , |

Data breach class actions have emerged as one of the fastest growing areas in the complex litigation space, forcing companies to navigate evolving cybersecurity risks, negative publicity, and costly litigation as a result. Litigation was particularly notable in 2023, with a record-breaking number of filings and several high-profile cases resulting in substantial settlements. The sheer volume of individuals affected by data breaches has grown significantly, leading to larger classes and subsequently higher settlement demands. Furthermore, the nature of the data being compromised is becoming more sensitive – including financial and health information – which increases the potential damages awarded in these cases. Join experienced class action defense litigators Gerald L. Maatman, Jr. and Jennifer A. Riley for a high-level breakdown of the data breach class action landscape through analysis of key trends, rulings, and litigation strategies.

The Medical Monitoring Tort Remedy: Advanced Level

August 29th, 2024|Categories: CLE OnDemand, Environmental Torts, Mass Torts|Tags: , , , , |

The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue. States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years. In this CLE webinar, Gentle Turner & Benson LLC attorneys Edgar (“Ed”) C. Gentle III and Katherine (“Kip”) A. Benson discuss the evolution of the medical monitoring tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.

Mitigating Greenwashing Litigation Risks with Ramya Ravishankar

June 21st, 2024|Categories: Corporate Compliance, ELP, Environmental Torts|Tags: , , , , |

In this episode, we discuss mitigating greenwashing litigation risks with guest Ramya Ravishankar, General Counsel at HowGood, an independent research firm that helps the world’s largest food brands meet their sustainability commitments. Listen and learn more!

Litigating a Claim to Recover Liquidated Damages by Laura Fraher

August 24th, 2022|Categories: Complex Business Litigation, Emerging Litigation & Risk, Employment, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|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 a particular liquidated damage provision is enforceable vary from state to state and it is imperative that litigants research and fully appreciate the particular standards that will be applied by the court in which they are litigating." Abstract: The liquidated damages provision in a contract is a useful mechanism for mitigating risk in the event one of the parties to an agreement breaches the contract, costing the aggrieved party sometimes significant difficulty and [...]

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 [...]

Litigation’s Role in Gun Safety Advocacy with Adam Skaggs

August 3rd, 2022|Categories: Class Actions, ELP, Emerging Litigation & Risk, Mass Torts, News|Tags: , , , , |

We’re closing in on 400 million guns in America, weapons that have been used to kill 1.5 million Americans between 1968 and 2017. Can litigation be an effective tool in curbing this loss of life? In 2020 alone there were more than 45,000 gun deaths. The beyond tragic and senseless mass shootings at schools has become all too routine. Most Americans want stricter gun laws which they believe will reduce the senseless killing in our country, which leads the world in both the number of privately owned firearms and gun-related deaths. The Supreme Court, of course, didn't take public opinion into account when it struck down a more than century old New York City ban on concealed firearms. Politicians do, however, pay close attention to polls. At the federal level, President Joe Biden signed a bipartisan law designed to make Americans safer in our gun-toting nation. Hailed as a "great start" and a rare but welcome exercise in reaching across the aisle, the law will result in safer citizens, but didn't include much of what gun advocates say is really needed to effect meaningful change. In California, Governor Gavin Newsom signed a new law that gives citizens incentives to pursue gun manufacturers and dealers who sell illegal firearms. In New York, Democratic leaders, undaunted by the Supreme Court, have pushed through [...]

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., [...]

Attorney Fees and Settlement Funds with Sam Dolce

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

Our Guest As an attorney at Milestone, Sam Dolce provides in-depth, comprehensive consultations with attorneys about qualified settlement funds, fee deferral, and settlement planning. He also oversees the establishment of QSFs. Sam received a Bachelor of Arts in History from Macalester College, followed by a Juris Doctor from SUNY Buffalo Law School. He served as a participant in the New York State Pro Bono Scholar Program and has received multiple acknowledgements and awards for his dedication to pro bono service and social justice. As a subject matter expert, Sam is a regular speaker and presenter at academic and legal conferences regarding post-settlement strategies. Attorney Fees and Settlement Funds with Sam Dolce Uncle Sam has created a way for you keep more of your hard-won settlement or award, but there is much to consider and new information to weigh. When a contingency fee case reaches a verdict or settlement, it’s a big day for a plaintiff attorney. You have worked hard and shouldered litigation costs -- often for years without compensation -- to achieve the best outcome for your client. In this episode I get to speak with a financial management professional who specializes in advising trial attorneys how they can take full advantage of attorney fee structures. The concept of fee deferral arrangements may [...]

Go to Top