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.
Protecting Policyholders as AI Is Developed for Insurance Claims Handling by Marshall Gilinsky and Madison Marlow
The authors, Marshall Gilinsky and Madison Marlow discuss the integration of artificial intelligence (AI) within the insurance industry and outline the potential consequences of diminished human oversight in AI-driven insurance claims handling, highlighting the need for watchdogs and regulators to demand that AI tools under development afford “explainability” and protect policyholder rights.
Adapting to AI: Taking a Practical Approach to Governance by Blair Robinson
The author, Blair Robinson of Robinson+Cole discusses the need for a practical AI governance framework that businesses must embrace to harness AI’s transformative promise responsibly, encompassing a diligent, strategic, and technically nuanced governance approach. As she notes, "taking a methodical and use-case-driven approach may allow a business to embrace the transformative power of AI in critical areas while managing “wild west”-style use by employees without governance approval".
JEIL S24 Top Legal Risks with Generative AI by Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright
The authors, Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright discuss recent court cases which have brought to the forefront the top legal risks associated with the use of Generative AI.
The Use and Abuse of the Pollution Exclusion by Robert D. Chesler, Dennis J. Artese, and Jamie O’Neill
The authors, Robert Chesler, Dennis Artese, and Jamie O'Neill of Anderson Kill examine recent court decisions and ongoing cases that have brought to the forefront the critical issue of the reach of pollution exclusions in insurance policies.
Technology-Assisted Review: Sara Lord Interviews Data Scientist Lenora Gray
In this episode, Sara Lord of Legal Metrics speaks with Lenora Gray of Redgrave Data about eDiscovery in the practice of litigation and how it has been transformed by technology-assisted review tools – or TAR, and how these tools work. Every litigator needs to understand how eDiscovery tools work. They should be able to answer questions around the approach being used, why that approach was chosen, the reliability of the assisted review, what human oversight was implemented, and more. Listen and learn. PLUS: Watch the video for outtakes and bonus content!
Jury Selection in the Age of Conspiracy Theories and Distrust with Tara Trask
In this episode, we discuss picking juries in an age of misinformation, general distrust, tribalism, unleashed social media surfers, and unorthodox legal strategies unfolding on a daily basis with Tara Trask of Trask Consulting, jury and trial expert. "Jury service is an opportunity for everyday Americans to interact with an important institution, our courts, and play their part as citizens,"Trask says. "The court system could very well be our saving grace in trying to hang on to our democracy." Listen now.
Transforming Legal Workflows with AI: Sara Lord Interviews Tara Emory and Wilzette Louis
In this episode, Sara Lord of Legal Metrics speaks with Tara Emory and Wilzette Louis of Redgrave Data about the game-changing potential of robotic process automation and AI, and how these are not just futuristic concepts but practical solutions to today's legal challenges. As Tara notes, "Wherever your team is spending most of its time on manual tasks, that’s where you can further automate with technology and get the most benefit". Wilzette adds, "AI-driven automation technology can take different aspects of an entire workflow and bring them into a set of processes that a software robot can perform for you. Soon, adopting such technology will be a must for firms to compete". Listen and learn more!
The Intersection of Generative AI and the Legal Profession with Niki Black
In this episode, we discuss the current state and future of generative artificial intelligence and the practice of law with Nicole Black, attorney, legal tech journalist, and author. As she notes, "The legal field is one of the most likely to be impacted by generative AI because the technology can significantly replace certain workflows or assist with those workflows in impactful ways". Listen and learn more!
The Corporate Transparency Act: A New Effort to Fight Money Laundering with Lori Smith
In this episode, we discuss the Corporate Transparency Act (CTA) with Lori Smith of Stradley Ronon, including the key facets of the Act's requirements, potential penalties, and chances for litigation. As Lori notes, "the U.S. is one of the few countries in the world where you can form entities, and nobody can tell who owns them". The CTA aims to prevent this from being the case. Listen and learn more!
Litigators, YES Litigators: One Attorney’s Journey Within and Without the Legal Industry
In this episode, we discuss all the things one former litigator, Somya Kaushik, Senior Corporate Counsel at Mineral and Adjunct Professor of Law at Lewis & Clark Law School has done, and the advantages she feels a litigator can bring to a small company – one that isn’t embroiled in litigation (and would like to keep it that way). As she notes, "a litigator is well-positioned to identify actual but often overlooked legal risks, effectively mitigating issues and reducing both business and legal risks". Listen and learn more!
Cracking the College Sports “Cartel”: Good for Athletes, Competition, and the Games by Joy Sidhwa and Tim LaComb
Momentum in the national debate over whether a college athlete should profit from licensing deals for their “names, images, and likenesses,” or NILs, swung in favor of players on June 21, 2021, when the Supreme Court ruled for the athletes in NCAA v. Alston. Authors Joy Sidhwa and Tim LaComb of MoginRubin, LLP discuss the impacts of the decision and subsequent court decisions and state legislation which have further cemented and defined the changing amateurism rules in college sports. As the authors note, "the ultimate test of whether amateurism drives demand will come after new state laws allow compensation unrelated to education. If compensation doesn’t trigger a drop in demand, the NCAA will lose its procompetitive justification for the restriction and likely bring an end to amateurism rules".
Massive Mass Tort Settlements and Liability Forecasting
In this episode, we discuss Liability Forecasting and the role it plays in the administration of massive, sometimes multi-billion-dollar mass tort settlement trusts with guests Mark Eveland and Ed Silverman of Verus LLC, which provides litigation support services to law firms working on mass torts, such as case management and medical review services, settlement administration, business and advisory services, and analytics. Liability forecasting mechanisms were built to fairly and judiciously compensate current and future claimants for their injuries. Listen and learn more!
Navigating International Discovery
In this episode, we discuss navigating the complexities of international discovery with Ben Daniels of Robinson+Cole and the benefits of understanding jurisdictional differences and having specialized tools and strategies to cut through the complexities. As Ben notes, "if you litigate in a foreign court, discovery, as it is known in the U.S., is not going to happen. But parties often forget a powerful tool to get around those restrictions". Listen and learn more!
Fresh Produce Law, Contracts, and Risks
In this episode, we discuss Fresh Produce Transportation Law with Katy Esquivel of Esquivel Law Chartered and the challenges of transporting fresh fruits and vegetables from farms to stores in a safe and timely manner. What legal and reputational risks do growers, brokers, and shippers face? What laws come into play? What are the essential components of contracts among participants in the supply chain? As Katy notes, "there is nobody in this country with a more tangible vested interest in the safety of produce than growers and everyone along the supply chain". Listen and learn more!
Property Insurance Coverage for Emerging Risk: Underground Climate Change
Studies have shown that “underground climate change” is affecting ground soil conditions, causing structural strains on buildings and exacerbating cracks and defects in walls and foundations. The authors, Dennis Artese, Ethan Middlebrooks, and Thomas Dupont analyze permutations of policy language and state law that may affect coverage for damage caused by underground climate change, including how state law treats anti-concurrent causation clauses, whether “human-caused” exceptions to earth movement exclusions may apply to underground climate change, and whether “abrupt collapse” exceptions to exclusions for building collapse may apply when undetected structural damage triggered by underground climate change triggers collapse. As the authors note, "there are numerous arguments in favor of coverage under all-risk property insurance policies for losses related to underground climate change".
Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications
Insurance companies are implementing new measures to try to avoid paying for liabilities attached to consumer and employee biometric privacy law violations. The authors, Cort Malone and Abigail Damsky explore the issues companies and policyholders should be examining to ensure adequate protection in the present and future. As the authors note, “as more states pass biometric privacy laws, it is critical not only to follow court decisions but also to understand how insurance companies are attempting to avoid liability for such claims.”
Expert Depositions and Trial Disclosures: What Every Litigator Needs to Know
Expert disclosures in litigation are vitally important for trial testimony and planning for trial. The author, Ethan Minkin examines issues surrounding expert depositions and trial disclosures, which he argues need to be appreciated to avoid unanticipated surprises at trial. As Ethan discusses, "the pretrial process requires an eye toward the future. Trial work is not limited to just knowing the applicable Rules of Evidence. The applicable Rules of Civil Procedure play an equally important, if not greater, role in helping to define what will happen at trial".
Copyright Issues in Generative AI for Software: Doe v. Github, Inc. et al.
The ongoing case of Doe v. Github Inc. et al. addresses copyright-related issues inherent in the Copilot generative AI that allows users to enter prompts to generate software code. This case addresses many of the issues involved in the training and use of generative AI for generating software code. The author, Jeffrey Gluck examines these issues, which he anticipates will have far-reaching implications for AI-generated works in the future. As Jeffrey notes, "Github is a case that may have far-reaching implications for AI-generated works in the future".
The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance
Quantum computing, like artificial intelligence, is one of several emerging technologies that could either save the planet or end the world, depending on which expert is holding forth on the issue. This article explores the promise and peril of quantum computing and the potential coverage implications under cyber insurance policies. As Cameron notes, "while cyber insurance may provide some coverage for hazards that result from quantum computing, those policies may not respond to many of the risks".
Machines Inventing Machines: Artificial Intelligence and Patent Law
In this episode, we talk to Robert A. McFarlane of Hanson Bridgett LLP about artificial intelligence in the world of invention and questions raised in a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings - not machines - can be named as inventors under U.S. patent law. Listen and learn more!
Video Game or Casino? An International Examination of Loot Boxes and Gambling Regulations
The author, Darius Gambino of Saul Ewing LLP examines the legal and regulatory challenges surrounding loot boxes in video games, highlighting the risks of litigation, government scrutiny, and the need for industry self-regulation.
The Awesome Potential of Advanced Dispute Resolution
In this episode we talk to Rich Lee, founder of New Era ADR, about hot topics and issues involving what is referred to here as "Advanced Dispute Resolution", or ADR. What are the benefits of ADR? How can ADR enhance Access to Justice? How does employing ADR impact Accessibility, Diversity, and the Environment? What is the influence of Gamesmanship in legal proceedings? As Rich explains, "ADR is about rethinking litigation to make it more efficient for both sides. Get parties to be pragmatic, get to the point, present their arguments, and get it resolved". Listen now to learn more!
Applying Business Strategy to Your Law Firm
In this episode of the Emerging Litigation Podcast, we hear from James Grant about looking strategically at your law firm as you would any business and explore one litigation firm’s journey through that transformative process. As he argues, "lawyers must learn AI now or else watch their competition fly past them in operational efficiency, customer service, and client retention". Listen to learn more!
FTC v. Amazon: Market Definitions and Section 5 of the FTC Act
Traditional antitrust economics face significant challenges grappling with the relatively new digital economy. The author, Jonathan Rubin examines these and other issues raised in the case of FTC v. Amazon, which he anticipates will be a crucial test for antitrust and the FTC Act.
PFAS Regulation, Litigation, and Differentiation
In this episode, we give you some history of the PFAS compounds, discuss some of their important differences, review what litigation we're seeing (including the various claims and defenses), note what we can learn from recent settlement structures, forecast the impact of any new regulation, and predict what litigation might be next. Listen to our guests David Marmins and Morgan Harrison of Arnall Golden Gregory LLP.