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.
CBD: Legal or Not? | Webinar | Aug. 16, 2018 | 2pm
[two-fifths-first] DATE: Thursday, Aug. 16, 2018 TIME: 2 p.m. EDT; 1 p.m. CDT; 12 p.m. MDT; 11 a.m. PDT PLACE: Your computer PRICE: $197 per dial-in site (unlimited attendance at one location) through Aug. 3, $247 thereafter Register by Aug. 3 and save! For more information, email leslie.davidson@litigationconferences.com. Your webinar registration includes: • A site license to attend this webinar (invite as many people in one location as you can fit around your computer at no extra charge). • Downloadable PowerPoint presentations from our speakers. • The opportunity to connect directly with speakers during the audience Q&A session. • At least one-hour of CLE credit. Speakers Daniel Shortt Harris Bricken Seattle Alison Malsbury Harris Bricken San Francisco [/two-fifths-first][three-fifths] With so many studies coming out on the benefits of CBD, a lot of people and companies see tremendous market opportunities and are diving in. Whether derived from industrial hemp or marijuana, these days CBD can be found in just about anything, from skin care products to pain medications to anti-seizure drugs—even beer. Companies, including large retailers like Target, have tried to sell or are selling products containing CBD online or across state lines. But determining the legal status of CBD isn’t easy. Because CBD is a cannabis derivative, the biggest question, of course, is whether or not it’s even legal under state and federal law. How you answer that could mean the difference between significant revenue gains and significant losses—even the possibility of criminal prosecution—for your clients. So, what do current federal laws say about the use of CBD? How do individual state regulations affect the legal status of CBD? What do the 2014 Federal Farm Bill and the Controlled Substances Act say about growing hemp? And what are the legal and business implications for companies operating in this [...]
California Enacts the ‘First Truly Sweeping Privacy Regime’ in Record Time
The California legislature -- apparently not wanting to be pegged as just another slow-moving governing body -- took the California Consumer Privacy Act of 2018 from proposal to passage to signing in one week. Critics weren't sitting on their hands either. "Businesses Blast California’s New Data-Privacy Law," read one headline in the Wall Street Journal. For consumers, Californians anyway, the good news is that they can refuse to allow companies to sell their personal data. But, the WSJ reported, business across the country say the law will cause "far-reaching damage to everything from retailers’ customer-loyalty programs to data gathering by Silicon Valley tech giants." Law firms are cranking out their advisories and analyses. Sullivan & Cromwell says the CCPA establishes a new privacy framework for covered businesses by: "Creating an expanded definition of personal information for purposes of the Act; "Creating new data privacy rights for California consumers, including rights to know, access, have deleted and opt out of the sale of their personal information; "Imposing special rules for the collection of consumer data from minors; and "Creating a new and potentially severe statutory damages framework for violations of the Act and for businesses that fail to implement reasonable security procedures and practices to prevent data breaches." The firm also offered a quick comparison between the CCPA and the GDPR. "At a high level, the CCPA bears certain similarities to GDPR, the comprehensive regulation governing the “processing of personal data” of EU residents. But the CCPA and GDPR provide for differing rights, obligations, and exceptions, and compliance with one will not necessarily ensure compliance with the other. For example, unlike GDPR, the CCPA does not generally (other than with respect to minors) require businesses to implement an “opt-in” system to obtain consumers’ consent prior to processing their information. Instead, the [...]
Complex Post-Settlement Liens | Webinar | July 26, 2018 | 2pm
[two-fifths-first] Date: July 26, 2018 Time: 2pm-3:30pm Fee: $125 Register and pay online or contact Kathleen.McFadden@LitigationConferences.com (484) 324-2755 x2000 Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group [/two-fifths-first] [three-fifths] Complex Post-Settlement Liens Join us for a highly practical session with two deeply experienced practitioners who will share their insights and answer your questions on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. Our speakers will discuss: Medicare Advantage Plans Federal Employees Health Benefits Act (FEHBA) Plans Employee Retirement Income Security Act (ERISA) Claims Medicare set-asides TRICARE Veterans Administration Claims Speaker Bios Franklin P. Solomon | Solomon Law Firm Franklin Solomon has a nationwide practice focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Most recently, he was plaintiffs’ counsel in two federal appellate court cases decided last summer: Wurtz v. The Rawlings Company, ___ F.3d ___, (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims against their insureds, and Taransky v. Sec. U.S. Dept. of Health & Human Svcs., ___ F.3d ___ (3d Cir. 2014), a class action challenging Medicare’s claims for reimbursement out of New Jersey tort recoveries. Brett Newman | The Lien Resolution Group Brett Newman is known nationally by plaintiff attorneys for his expertise on claims avoidance and reduction. Recognizing the ever-growing nature of lien resolution and the ever-increasing associated liability, Brett established The Lien Resolution Group and The Newman Structured Settlement Group to assist both individual claimants of personal [...]
Congressional Cannabis Proposal Would Can Criminalization
Could this be the thing that brings the parties together? Here is a quote from an article written for Forbes.com by freelance writer Janet Burns. [Jolene Forman, staff attorney at the nonprofit Drug Policy Alliance] called the bill a "first step," and noted, “This bipartisan proposal clears the way for states to develop their own marijuana policies without fear of federal intervention. This will give states more opportunity to restore communities that have borne the brunt of the drug war and mass criminalization." So far, 30 states, Washington, DC and the U.S. territories of Guam and Puerto Rico have enacted medical marijuana legislation, while estimates suggest that 63 million Americans reside in areas where anyone over 21 may now legally possess the plant.
Miller Friel: Opioid Suppliers Are Right to Expect Insurance Coverage
An excerpt from a post by Bernard Bell of Miller Friel PLLC "Because insurers are facing a difficult time evading coverage for opioid claims, they are raising all sorts of non-contractual defenses to avoid coverage, including a 'social insurance' argument they have raised in the past. "If past public health crises are prologue, these arguments will run something like this: Holding insurers responsible to pay for the costs of public services, including health care, will transform private party liability insurance into social insurance to underwrite public health epidemics caused by all manner of ills. According to insurers, this will, at a minimum, increase the cost of liability insurance, and financially harm liability insurers, who have not priced this risk into their premiums. Moreover, holding insurers liable to pay will shift costs away from those best equipped to address the social problem; the companies that supply the opioid products. "These arguments are inconsistent with insurance law, which permits parties to freely contract to cover risks, and which place the burden on insurers to pay for insured risk, even if they made an error in underwriting. Courts interpret insurance contracts according to their language and construe them against insurers if they are ambiguous, and in favor of an insureds’ reasonable expectations of coverage. "Moreover, to the extent courts are inclined to look past contract language when construing insurance policies, the social arguments cut in favor of coverage, not against it, because liability insurance is designed to perform risk management, and deterrence and compensation functions of insurance are important to the social functioning and ordering of society. ... These social purposes are especially easy to grasp in the context of pharmaceutical companies that develop and bring to market countless products, including opioid pain medicine, that can relieve human pain and suffering. These companies [...]
Insurance Coverage and GDPR: What’s Your Financial Exposure? –Linda Kornfeld, Blank Rome
In her recent article -- GDPR Is Finally Here: It’s Time to Make Sure Your Current Cyber Policy Will Protect against New Financial Exposures -- Blank Rome insurance coverage partner Linda Kornfeld wrote: Companies can face large financial exposure for GDPR “fines or penalties.” Are they covered under currently worded cyber policies? The answer is, maybe not if your policy, e.g., covers regulatory proceedings addressing only failures to protect private information, as opposed to GDPR proceedings that may address broader noncompliant data collection and use practices. Additionally, coverage for GDPR fines or penalties may be more restricted under the laws of many European countries than the laws of certain states in the United States. Your insurer may agree to choice of law language in your policy that will increase the chances of coverage. On behalf of all of us at HB -- Congratulations to Linda on her move to Blank Rome! Now Vice Chair of the firm's Insurance Recovery Practice Group, Linda is one of the nation’s most prominent insurance recovery attorneys, representing corporate policyholders in high-stakes litigation for more than 25 years. Using strategic, creative approaches in her trial and appellate practice, Linda assists her clients in the recovery of hundreds of millions of dollars in insurance assets. She is a strategic adviser to senior executives and in-house counsel on mitigating risk and maximizing insurance recoveries. Linda has been a valued contributor to HB programs and, before that, to Mealey's Conferences and Mealey's Litigation Reports.
Class Actions Weekly Roundup from Top Class Actions
This roundup is prepared exclusively for HB Litigation Conferences by: Walmart Class Action Claims Glucosamine Tablets are Mislabeled Walmart has been hit with a class action lawsuit claiming that their store brand glucosamine tablets are mislabeled. Plaintiffs Cynthia Parker, Reba Garth, Margaret Herrin, and Shirley Reinhard allege that Walmart misrepresents its store-brand glucosamine sulfate dietary… Read More Sorin 3T Heater Cooler Lawsuit Alleges Serious M. Chimaera Bacterial Infection An Indiana man has filed a Sorin 3T heater cooler lawsuit against LivaNova PLC, alleging their cardiac heater cooler device had caused him to develop a potentially fatal infection. The claimant filed the Sorin 3T heater cooler… Read More Coca-Cola Seeks Dismissal of Diet Coke Class Action Lawsuit Coca-Cola asked a New York federal court to toss a class action lawsuit alleging the company’s use of the name “Diet Coke” is misleading. The company argues that claims against its use of the word “diet” in… Read More Couple Files Stryker Hip Recall Lawsuit Over Metallosis Complications Thousands of hip implants were affected by a Stryker hip recall after they were linked with serious complications, including metallosis. Some patients affected by these major side effects have turned to litigation, hoping to regain some… Read More Facebook Class Action Challenges Facial Recognition Technology Facebook faces a new class action lawsuit alleging that the social media site captured and stored biometric information of non-users in violation of Illinois state law. Plaintiff Clayton Zellmer argues that Facebook broke state law by… Read More Woman Alleges Bleeding While Taking Xarelto in Lawsuit Against Drug Makers A woman who allegedly suffered bleeding while taking Xarelto has filed a lawsuit against the makers of the anticoagulant drug. Plaintiff Emmy L. filed the Xarelto lawsuit in Louisiana federal court, joining a growing multidistrict litigation (MDL) against… Read More Arthrex Knee Replacement Causes Injuries, Patients Claim Knee replacement surgery is one [...]
Top Class Actions’ Top Trends Affecting Class Actions in 2018
Editor's Note: This article was written by Kim Gale at Top Class Actions and is reprinted here with the permission of the publisher. Scott Hardy, the company's President & CEO, is one of the speakers featured at HB's Class Action Mastery conference May 9-11, 2018 in New York. Top Class Actions is sponsoring that event and its companion program, Mass Tort Med School, the same week. As we come close to rounding out the first quarter of 2018, it is clear that several class action lawsuit trends from 2017 will continue to ripple through the court system this year. Class Action Lawsuit Stats Did you know three areas are responsible for a third of all class action lawsuits filed in the U.S.? The federal courts in California, Southern District (Miami) of Florida, and the Eastern District (Brooklyn) of New York keep lawyers and judges the busiest. In the initial nine months of 2017, a total 3,136 federal class action lawsuits were filed in those areas alone, according to an article published Dec. 9, 2017 by PorterWright.com. These statistics are apt to change because new Supreme Court decisions (Bristol-Myers Squibb v. Superior Court of California and BNSF Railway Co. v. Tyrrell) rein in a court’s jurisdiction and ability to litigate matters when residents from outside the court’s state make claims. These new decisions mean a defendant will need to be sued in the state where the business is incorporated. Another option could be for individual states to file class action lawsuits and then seek to have them consolidated through multidistrict litigation (MDL). Marketing Tactics Under Fire Makers of everything from washing machines to mascara faced allegations of product misrepresentation. Advertising claims such as “organic,” “preservative free” and “virgin” can land a company in hot water with multiple class action lawsuits if these claims [...]