HB Partner Webinars on the West LegalEdcenter
Take these CLE webinars on the West LegalEdcenter platform. Each program features leading litigators in their respective fields on emerging subjects. Speakers and topics are handpicked by HB. Your organization may have already subscribed to the platform, but each session is also available for individual purpose. For questions or if you wish to propose a webinar, write to us at: Webinars@LitigationConferences.com.
Broken Privilege and IoT with Kathryn Rattigan
Broken Privilege and IoT 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 provides clients guidance regarding privacy and data protection in connection with mobile devices, data storage technologies, mobile apps, and location-based services. She assists with the development of website and mobile app privacy policies and terms and conditions. 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. Finally, yes, "skeevy" is a word. And the law is not settled as to whether Shiloh has privacy rights. Tom Hagy Host of the Emerging Litigation Podcast There are now billions and billions of interconnected devices in the world with more coming online every day. Smart cars. Smart cities. Smart agriculture and so much more. Even our pets are connected. And you have to look no further than the Colonial Pipeline ransomware attack to see the real-world consequences of what criminals can pull off by connecting with things large and small. Worried about your privacy? Well. There is plenty to worry about. Fortunately we also have a lot of people fighting back [...]
The Commercial Drone Industry: Privacy, Security, Threats, and Mitigation of Risk
HB presents a CLE-eligible webinar Now on-demand at the West LegalEdcenter THE COMMERCIAL DRONE INDUSTRY Privacy, Security, Threats, and Mitigation of Risk Drones have become an increasingly valuable tool for businesses of all types and sizes. Drones are already being used in many applications, but more will certainly arise as the technology advances. This means that certain risks, like cyber threats, will also continue to present themselves. Protecting the transmission and storage of data collected through drones is critical. Unfortunately, security usually comes as an afterthought. The drone industry is part of the aviation industry, which, based on its knowledge, keeps safety as a number one concern. Part of that safety is having proper protection for your systems, including security as a fundamental design principle. Take this webinar to gain insights on the topics listed below, and shared by an attorney who practices on the cutting-edge of this evolving technology. Topics: Defining drones. Current and future applications. FAA Modernization and Reform Act of 2012. FAA Part 107 Regulations and waivers. Resources, e.g. the FAA Drone Zone and LAANC Portal. Penalties for violations. Privacy implications. Drones as weapons. Vulnerability to cyber attacks. Take it now! What you get: 1+ CLE credits (subject to bar rules). Insights from an experienced professional who specializes in this area of the law. The complete PowerPoint presentation. Continued access to the complete recording for later use. Answers to your questions. Fee: No additional charge to subscribers to the West LegalEdcenter. Non-subscribers may take the course for $170. Meet the Speaker Kathryn Rattigan Robinson & Cole LLP Kathryn Rattigan is a member of the firm's Business Litigation Group and Data Privacy [...]
The Cyber Insurance Market Has Problems: A Conversation With Tom Johansmeyer
The Cyber Insurance Market Has Problems: A Conversation With Tom Johansmeyer The author of the piece is my guest on our latest episode. He is Tom Johansmeyer, ARM, is head of PCS, a Verisk business. PCS investigates and provide, independent loss estimates on catastrophes and large individual losses to the benefit of the global risk and capital supply chain. Tom has focused on the broad and rapid expansion of PCS, leading the team into Japan, New Zealand, and other APAC regions in 2019 – as well as Mexico. Tom is the architect of the PCS entry into global specialty lines, most recently adding large risk loss reporting to the group’s portfolio. Previously, Tom held insurance industry roles at Guy Carpenter (where he launched the first corporate blog in the reinsurance sector) and Deloitte. Personally, I like his LinkedIn description: "Aspiring cyclist and distance swimmer, former soldier. Leading the global charge at PCS. Haven't driven anything with a motor since 2007." Excellent. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com. You might notice that I misused a commonly used term, one specifically common in the world of insurance, or maybe you weren't paying that much attention. That would make two of us. Also, Tom J. was just a fun interview and I hope to get him back! I like the way he explained his candor at the end. He suffers from an infliction that I wish were a pandemic. I hope you enjoy it. Tom [...]
Public Justice Shares Inside Look at Roundup Trial and Appeal in First Episode of “Justice Pod”
Public Justice Discusses Hardeman v. Monsanto in First Episode of Justice Pod That is according to a post written by Leslie Brueckner, Senior Attorney with Public Justice following the May 2021 Ninth Circuit U.S. Court of Appeals ruling against Monsanto, and for Edwin Hardeman, a California resident who developed non-Hodgkin’s lymphoma after decades of exposure to Roundup. The jury awarded Hardeman $5,267.634.10 in compensatory damages, and $75 million in punitive damages. The district court reduced the punitive damages award to $20 million. In this inaugural episode of Justice Pod: Conversations with Public Justice Change Makers, Leslie, is joined by David J. Wool, an attorney with the Wagstaff Law Firm. Wool and Jennifer A. Moore of the Moore Law Group, were on the trial team led by highly-regarded mass tort plaintiff attorney Aimee Wagstaff. Public Justice’s Brueckner served as co-lead appellate counsel along with Wool before the Ninth Circuit. Listen to what they felt inspired the jury to return such a substantial award, how Monsanto attempted to defend its actions, what the evidence revealed, and what it was like in the courtroom with the Hardeman family when the foreman read the verdict. I hope you find the episode inspiring and informative! Susan Gombert Host of Justice Pod: Conversations with Public Justice Change Makers Listen Now! Monsanto Co. has “stopped at nothing to deny the overwhelming scientific evidence” that its widely used and extremely profitable weed killer, Roundup, is a “deadly product that causes cancer and ruins lives and families.”
Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé
Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé They are Crowell & Moring partner Jan-Diederik Lindemans and Judith Bussé, both part of the firm’s Technology & Intellectual Property Department in Brussels. And, working with Neotalogic, they developed an interactive app that takes you through a set of attorney-crafted questions that, depending on your answers, take you to other questions. The app applies a layer of artificial intelligence to enhance the information gathering process. Listen to what these innovators had to say about the Crowell & Moring IP Check-Up application, and take it for a test drive yourself. Or, here is a quick video of someone using the app. This podcast is the audio companion to the Journal on Emerging Issues in Litigation*, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Host of the Emerging Litigation Podcast * Highly regarded insurance and reinsurance industry attorney Laura Foggan of Crowell & Moring's Washington, DC, office is on the Editorial Advisory Board. Thanks to Laura for connecting me with J.D. and Judith. An organization’s intellectual property is often its most valuable asset. Whether it’s a patent or a trademark, a graphic design or proprietary market information, or just the unique way they do what they do, organizations must protect their innovations or risk significant damage to their future prospects. Assessing the vulnerabilities of such valuable inventory is as important as it is time-consuming. But a portfolio protection and process review involves answering the same long set of questions posed to any organization, no matter what [...]
Strategies for Maximizing Insurance Recovery for Climate Change–Related Loss and Damage
Strategies for Maximizing Insurance Recovery for Climate Change–Related Loss and Damage Abstract Losses from natural catastrophes are costing many tens of billions as year, from hurricanes and tornadoes to record-breaking rainfall and floods. Whether the insurance industry will or can provide coverage for all of the devastating effects of climate change (or, as some might put it, a new and calamitous phase in our earth’s existence) only time will tell. In the meantime, policyholders must cross their Ts if they expect coverage. In this article the author shares insights on the complex but essential task of documenting and valuing post-storm losses. Author Dennis J. Artese (dartese@andersonkill.com) is a shareholder in the New York office of Anderson Kill P.C. His practice concentrates on insurance recovery litigation, with an emphasis on securing insurance coverage for first-party property losses, construction accidents, and third-party liability claims. 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.
Biotech Patent Wars: If at First You Don’t Succeed . . . University of California v. The Broad Institute
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 of biology, and how patent lawyers must possess a level of knowledge in disciplines related to the inventions they seek to protect. This is necessary, for example, in understanding whether an invention is a significant improvement over prior innovations. The author also shares the importance of confidentiality especially when potentially groundbreaking (and lucrative) inventions are in development. Author Adrienne B. Naumann (adriennebnaumann@uchicago.edu) practices intellectual property law at the Law Office of Adrienne B. Naumann in Skokie, Illinois. She has held leadership positions relating to patents, science, and technology law with the Chicago Bar Association and the Converging Technologies Association. She currently serves as Secretary on the Board of the University of Chicago Women’s Alliance. Ms. Naumann has also written numerous articles on intellectual 56 Journal of Emerging Issues in Litigation property law and her book United States Federal Intellectual Property Developments includes discussion of decisions under the Defend Trade Secrets Act as well [...]
Mega Verdict Threat: Tackling Damages Early Can Mitigate Outsized Jury Awards
Mega Verdict Threat: Tackling Damages Early Can Mitigate Outsized Jury Awards Abstract Why have medical malpractice verdicts in recent years reached such astronomical new heights? In this article the author addresses several of the factors that drive juries to return such punishing awards, discussing the unexpected impact of tort reform, the role of life-care planners and economists in determining damages, the ramifications of litigation financing, plaintiff attorneys’ utilization of the so-called reptile theory, and the influence of how the media reports on these verdicts. The author offers practical methods for defense attorneys involved in this litigation and insights that will benefit attorneys in any type of tort matter. Author Sandra M. Cianflone (scianflone@hallboothsmith.com) is an attorney at law firm Hall Booth Smith, P.C., whose practice primarily focuses on medical malpractice. 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.
Remediating, Insuring, and Litigating PFAS Claims
Remediating, Insuring, and Litigating PFAS Claims Abstract PFAS are a group of chemicals found in a variety of products (e.g., Teflon®) and have been used widely in industrial and environmental processes (e.g., oil recovery, firefighting). They do not break down, and over time can accumulate in the body and the environment. While largely no longer used in the United States, they continue to be used internationally. Studies have shown they have adverse health effects on humans and animals. In this article the authors discuss the history and impact of PFAS, insurance coverage for claims relating to PFAS contamination, the practice of “insurance archaeology,” maximizing insurance coverage, and, finally, existing and anticipated litigation arising from environmental damage and bodily harm from PFAS. Authors Dr. Jaana Pietari, PhD, MBA, PE (jpietari@ramboll.com), Senior Managing Consultant with Ramboll Group, has more than twenty years of professional and academic experience in the fate and transport of contaminants, the reconstruction of environmental releases to groundwater and sediments, and environmental forensics. Jim Fenstermacher, PE (jim.fenstermacher@ramboll.com), is a Subject Matter Expert on PFAS environmental fate, transport, and regularly interfaces with academia, provides branding, and supports business development efforts regarding PFAS issues. Dr. Michael Bock, PhD, MS (mbock@intell-group.com), Managing Director at The Intelligence Group, has more than twenty-five years of experience in environmental consulting with a specialization in environmental forensics and the investigation and assessment of contaminated soils, groundwater, and marine and freshwater sediments. Robert D. Chesler (rchesler@andersonkill.com) is a shareholder in Anderson Kill’s Newark office. Bob represents policyholders in a broad variety of coverage claims against their insurers and advises companies with respect to their insurance programs. Bob is also a member of Anderson Kill’s Cyber Insurance Recovery group. Nicholas M. Insua (ninsua@andersonkill.com) is a shareholder in the New Jersey and Philadelphia offices of Anderson [...]
Surfside Condo Collapse: A 360-Degree Insurance Coverage Analysis
Surfside Condo Collapse: A 360-Degree Insurance Coverage Analysis Abstract The horrific and fatal collapse of Champlain Towers South in the summer of 2021 not only shook the ground in Surfside, Florida, but it brought into question the integrity of structures everywhere. If professionals in the construction, real estate, and building management industries were relaxed about signs of structural decay before, they are not anymore. The insurance industry also has reasons to worry, as potentially responsible players turn to their policies to defend or indemnify them for claims for accidents causing losses including from property damage, personal injury, or death. In this article the authors evaluate the factors that are addressed when coverage determinations are made, as well as the various types of policies that come into play. Authors Allen R. Wolff (awolff@andersonkill.com) is a shareholder in Anderson Kill’s New York office, where he concentrates on the intersection of construction litigation and insurance recovery. Allen is co-chair of the firm’s Construction Industry Practice group and Corporate and Commercial Litigation Practice group. He advises and represents policyholders—building owners, developers, contractors, retailers, municipalities, financial institutions, hospitality businesses, condominium associations, and tenants’ associations—in a range of insurance coverage disputes. Allen’s colleagues, Ethan W. Middlebrooks (emiddlebrooks@andersonkill.com) and Jason Kosek (jkosek@andersonkill.com), are also attorneys in Anderson Kill’s New York office. They also concentrate on insurance recovery for policyholders and other complex matters. 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.
To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? | By Pamela Hans | Anderson Kill
To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? Abstract Ransomware attacks are a rapidly growing threat against organizations. Paying ransom demands is a risky proposition and may even lead to sanctions against the targeted company. Either way, the damage to a company’s operation and integrity can be cripplingly severe. Should a company suffer losses from cyber extortion, its insurance company will be one of the resources it turns to for relief. But with cyber coverage increasingly out of reach for some, policyholders may find coverage in more traditional coverages. In this article, the author evaluates the potential for coverage under several policy types, and underscores the importance of understanding policy language, the relevant law, and the potential regulatory ramifications of meeting ransom demands. Author Pamela D. Hans (phans@andersonkill.com) is the managing shareholder of Anderson Kill’s Philadelphia office. Her practice concentrates on insurance coverage exclusively on behalf of policyholders. Pam is also a member of the firm’s COVID Task Group and Cyber Recovery Group. 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.
Wildfire Litigation and Recovery with Ed Diab
Wildfire Litigation and Recovery with Ed Diab I had the pleasure of interviewing Ed Diab, co-founder of Dixon Diab & Chambers in San Diego, about his firm’s role in the litigation, what the claims are, what defenses they encounter, settlements they have secured, what evidentiary hurdles plaintiffs face, and more. They’ve been successful. Since 2018, Dixon Diab & Chambers has recovered more $1.4 billion in settlements. And there is more to come. The firm represents more than 40 public entities – including some of the largest cities and counties in California – as well as thousands of individuals and families. Ed leads the firm’s mass tort practice which, in addition to wildfire litigation, represents people who allege injuries from defective drugs and medical devices. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com. Thanks to Ed Diab for speaking with me about this fascinating and frightening subject, and to Baron & Budd's Scott Summy for introducing us. For my part, I am sure my suggestion that they install smoke detectors all over the forest is complete nonsense. Also, I spoke with a friend who majored in Latin. Even though I showed zero confidence, I apparently stumbled close to the pronunciation of flammagenitus, Latin for “fire cloud.” I promised you a photo of one. Also called pyrocumulus clouds, they look as terrifying as they sound. Tom Hagy Host Emerging Litigation Podcast Wildfires are causing more destruction in North America than at any time in recorded history. In 2010 they consumed 3.4 million [...]
Gamification of Stock Trading with Brad Rustin
Gamification of Stock Trading with Brad Rustin "What's the deal?" you ask? Find out! Listen to my interview with FinTech attorney Brad Rustin, a partner with Nelson Mullins. In addition to chairing the firm’s Financial Services Regulatory Practice, Brad counsels financial institutions in regulatory matters, including strategic agreements, product development, and operational compliance. A large portion of his work is on bank and non-bank partnerships involving white-label deployments, FinTech partnerships, or payments, digital assets, cryptocurrency, and lending partnerships. Brad is a Certified Anti-Money Laundering Specialist (CAMS) by ACAMS and a Certified Regulatory Compliance Manager (CRCM) by the American Bankers Association. He received his JD, magna cum laude, from the University of South Carolina School of Law and his BA in Political Science and History, cum laude, from Furman University. And now, he is not only a guest on the Emerging Litigation Podcast, but the FinTech advisor on the Editorial Advisory Board of the Journal on Emerging Issues in Litigation. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative our guests are, please drop me a note at Editor@LitigationConferences.com. Thanks to Brad for speaking with me about this fascinating subject. As for me, I will stay away from "game trading." Hearing people describe it reminds me of my PacMan obsession in college, which frequently cost me many hours that I should have spent differently, and too often a functioning shoulder. Tom Hagy As brokerages focus on enhancing user experience, they risk shifting their customer’s focus from serious financial decisions to a game-like experience. [...]
A Special Episode: A lovable litigator with Danny Karon
A Special Episode: A lovable litigator with Danny Karon For 30 years attorney Daniel R. Karon has successfully represented plaintiffs and defendants in class-action and individual lawsuits. He's also chair of one of the leading class action conferences for lawyers, judges and law professors: the American Bar Association National Institute on Class Actions. He's passionate about educating up-and-coming lawyers. He teaches and writes extensively, and has been featured on podcasts and television news shows. While practicing law (handling some intensely serious matters), Danny became acutely aware of "a societal bias against access to justice where people who need justice the most often get it the least." One response to that was to launch Your Lovable Lawyer, a multi-media website whose goal is to "make justice more accessible to people who don’t know, can’t find, or can’t pay for lawyers." He endeavors to provide actionable insights regarding common legal problems. He refers to his "lovable" concept as "legal wellness," and encourages regular folks to take a proactive approach to legal matters and potential conflicts. 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 lovable Danny is, please drop me a note at Editor@LitigationConferences.com.
Impact of Surfside Condo Collapse with Judah Lifschitz
Impact of Surfside Condo Collapse with Judah Lifschitz Joining me is experienced construction law attorney Judah Lifschitz of Shapiro, Lifschitz & Schram who spoke about the near- and long-term impacts of the Surfside condo collapse not only in Florida around the country. Judah has extensive experience dealing with construction matters, representing clients in engineering, procurement and construction contracts and disputes. He represents and advises government agencies and private owners; regional, national and international contractors; construction managers and subcontractors; design professionals; and insurance companies. Notably, Judah won one of the largest liquidated damages awards in the history of the construction industry. Education: George Washington University, J.D.; Yeshiva University, B.A., magna cum laude. 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 Judah is, please drop me a note at Editor@LitigationConferences.com. Thanks to Judah for speaking with me about this important topic. I was especially proud that I pronounced his name correctly on the first try, though he assured me that I could in no way do more damage to it than those who have come before me. (Clearly he doesn't know me well.) Tom Hagy (pronounced HEY-ghee, for the record) Nothing illustrates the tragic consequences of building decay more than the June 24, 2021, collapse of the Champlain Towers South in Surfside, Florida, which claimed the lives of nearly 100 residents. The event raises questions about the building inspection process not only in Florida but around the country. What caused this calamity? Who is responsible? How many other buildings are in similar [...]
Digital Payments in Class Administration
Epiq presents DIGITAL PAYMENTS Best Practices for Efficiency in Class Actions Recorded: Sept. 23, 2020 75 minutes CLE credit: 1+ Registration includes recording, materials, and answers to your questions. TAKE IT NOW! Epiq presents a CLE-eligible webinar Digital Payments Best Practices for Efficiency in Class Actions Recorded Live | Sept. 23, 2020 produced by HB Litigation Conferences Modern life increasingly relies on digital solutions. Nothing has made that more apparent than the novel coronavirus pandemic. In terms of class action settlement payments, the impetus has never been greater to transition to the e-payment realm for security, convenience, cost-reduction, and improved fund disbursement. Class counsel and claims administrators have experimented for years with pre-paid debit cards, automated clearing house (ACH) deposits, and wire transfers, while others have tested judicial appetites for registered-user payment systems like PayPal and Venmo. However, digital payment schemes with multiple options -- the primary of which is direct deposit -- seem to be emerging as the favored solution. Though class action notice is increasingly being digitized, aided by the 2018 amendments to Federal Rule of Civil Procedure, particularly Rule 23(c)(2)(B), which permits notice by electronic means like emails and digital and social media, payment itself has lagged behind. Even with these challenges, electronic payment distribution is now a viable option. Courts are encouraging the shift to electronic payments, too. As the U.S. District Court for the Northern District of California specified in its November 2018 Procedural Guidance for Class Action Settlements, “[c]lass counsel should consider… distributions to class members via direct deposit.” As class actions lawyers and claims administrators consider digital payments, they must propose workable and achievable solutions, adhere to Rule 23, and minimize cy pres. Though widespread acceptance of this technology is still evolving, understanding the concept and [...]
Drone Law with Kathryn Rattigan
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 a "sheep drone." I regret the error, and I wouldn't have it any other way. Thanks to Kathryn for speaking with me about this fascinating area of the law. Tom Hagy Host and Litigation Enthusiast The sky will be speckled with commercial drones, carrying our precious products and pills, or performing risky work, like inspecting bridges and buildings, monitoring crops and livestock, and keeping an eye on pipelines and oil rigs. It's not "if," [...]
Virtual Hearings: Changing Perceptions of Executive Testimony?
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.
The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone
The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone Joining me to discuss this high-stakes litigation is Sandra M. Cianflone of Hall Booth Smith, P.C. Sandie counsels and defends hospitals, physicians, nurses and institutional employees in a broad spectrum of catastrophic injury and medical malpractice cases. She received her Juris Doctorate from Pace University School of Law and her undergraduate degree from Fairleigh Dickinson University. 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 Sandie is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the forthcoming issues of the Journal. Note that in my introduction I have created the phrase "badly wrong," which is, itself, badly wrong. Listen to the bitter end when Sandie and I discuss working from home, and how we really feel about family and co-workers. Feel free to scold me at the email address provided. I hope you enjoy the interview and this professional's practical insights into defending healthcare providers. Tom Hagy Damage awards against physicians, hospitals, and other healthcare providers have been coming in bigger and bigger, with juries awarding more than $20 million in a string of cases that should send chills down the spines of defendants and counsel. What are the factors behind this trend? Besides the severe (or even alarming) nature of the harm alleged, what is fueling these mega verdicts? What can defense attorneys do, knowing they are facing a well-organized, well-funded plaintiffs bar? For that matter, what can defense attorneys learn from their [...]
Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano
Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano Joining me to discuss this important issue is Ondrej Krehel, CEO & Founder of LIFARS, a New York-based incident response and digital forensics firm specializing in cybersecurity protection. Ondrej is recognized for his digital forensic expertise and ethical hacking skills. He participates in high-profile engagements around the world using his proprietary methodology to achieve the most rapid root-cause analysis and remediation. He is a former lecturer at FBI Training Academy who has led forensic investigations and cybersecurity involving the U.S. government, including military cyber special operations. He holds a Ph.D. in Computer Forensics from Police Academy in Bratislava, Slovakia, an M.S. degree in Mathematical Physics from Comenius University in Bratislava, and an Engineering Diploma from Technical University in Zvolen, Slovakia. Joining Ondrej and me is Gaspare J. Marturano, Chief Marketing Officer at LIFARS. Gaspare is a former Director of Information Systems for a large Connecticut law firm and has consulted on these issues with a number of other law firms. 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, and Docket Alarm. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Ondrej and Gaspare are, please drop me a note at Editor@LitigationConferences.com. I particularly enjoyed hearing about what one kid was doing at 17, an age when I was certain I would be sought out for my rock drumming artistry. Of course, that kid was operating a criminal enterprise. I was just trying to impress girls. Tom Hagy Law firms are sweet targets for hackers given the rich data they store, from intellectual property [...]
Plastics-Related Liabilities and Insurance Recovery with Mikaela Whitman
Plastics-Related Liabilities and Insurance Recovery with Mikaela Whitman Joining me to discuss this important civil statute is Mikaela Whitman for what was an informative and insightful podcast on this potentially enormous area of litigation. It’s based on her article — One Word: Plastics. Two Words: Pollution Exclusion. Why CGL Policies Should Cover Plastics-Related Liabilities — which will be featured in the inaugural issue of the Journal on Emerging Issues in Litigation in January 2021. Mikaela (mwhitman@pasichllp.com) is a partner in Pasich LLP’s New York office and a member of the firm’s insurance recovery practice. Her practice focuses on the representation of insureds in all phases of insurance coverage recovery, from pre-suit negotiations through alternative dispute resolution and litigation. The Journal and Podcast are part of 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 Mikaela is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview. As we see liability actions relating to plastics creeping into the nation's dockets, what types of claims will survive? How much more of this might we see? And if it really hits the fan, how will insurance companies respond? Will policyholders find protection in their comprehensive general liability policies? Their directors and officers policies? Other policies?
The False Claims Act with Jack Siegal
The False Claims Act with Jack Siegal Joining me to discuss this important civil statute is Jack Siegal of McGlinchey Stafford in Boston. Jack's practice focuses on financial services litigation, complex commercial disputes, government investigations and white-collar defense, securities litigation, regulatory proceedings, and compliance. 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 Jack is , please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, and especially how I managed not to include Jack's answer to whether my dog could be sued for violating the FCA. "Nope. Not a person," he said, with zero hesitation. I want to thank Jack for immediately taking on the role as Shiloh's advocate, and for speaking with me about this important law. --Tom Hagy Unscrupulous contractors have been ripping off the federal government for as long as there has been a federal government. President Lincoln, tired of being sold lame mules and rancid rations, signed the Federal Claims Act into law during The Civil War. In the last two decades the government, with the help of whistleblowers, has raked in more than $20 billion.
Cryptocurrency with Stephen Palley
Cryptocurrency with Stephen Palley Joining me to discuss this paradigm-shattering model is Anderson Kill Partner Stephen D. Palley, a seasoned trial lawyer and litigator with extensive experience in complex commercial disputes like insurance recovery, securities litigation, and corporate governance. Stephen has significant hands-on software development and design experience. Based in the firm’s D.C. office, he is co-chair of its cross-disciplinary blockchain and virtual currency group. At several points during our conversation I referred to an article co-written by Stephen and his New York colleague Joshua Gold, titled Protecting Cryptocurrency Assets. Stephen earned his J.D. from Washington University, his M.A. from the University of Delaware, and his B.A. (cum laude) from Tufts University (Go Jumbos!). 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 Stephen is, please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, especially when Leo, my cat, knocked over my microphone and when Stephen educated me on the existence of the Weird Beard Festival and other whisker-based celebrations. --Tom Hagy Cryptocurrency assets now exceed $1.5 trillion globally. What a great innovation, as is the magic that makes these transactions possible. Of course, I’m talking about blockchain. The possibilities are endless on both counts. No central authority. No regulators. But (there’s always a but), thanks to the world’s miscreants, desperados and other baddies there is escalating potential for theft of these assets whether they are held in Bitcoin or other forms of digital currency. What should businesses consider if they plan to invest in virtual assets? How might they [...]
How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella
How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella Artificial intelligence has the capability to truly revolutionize how litigators work, and also how companies can avoid litigation in the first place. It can not only do the work of hundreds of people in mere seconds but can be used to predict liabilities before they become liabilities, and outcomes when disputes arise. Joining me to discuss the incredible present-day applications of AI in law and business, as well as the potential to do much more if humans will let it, is Arthur Crivella of Crivella Technologies Limited. For decades Art has been a leader in developing and applying advanced software engineering, systems engineering and AI methodologies, and holds numerous foundation patents in the field. Art has helped create nationally recognized engineering achievements in weaponry as well as in the metals, rubber and food industries. He was principal design engineer in developing advanced weapons direction systems and wrap-around simulation systems for naval guided missiles. Crivella Tech supports corporations in managing risk and law firms in assessing liabilities. The company also supports law firms in class action and mass tort litigation. 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 Art is, please drop me a note at Editor@LitigationConferences.com. I hope you enjoy the interview, particularly my observation that you cannot hurt a robot's feelings. --Tom Hagy