Emerging Litigation Podcast

Maryland and Missouri are the latest states to legalize recreational cannabis for people 21 and older. Voters came out in favor of legalization in the November 2022 midterms, bringing the total recreational jurisdictions to 22 states and the District of Columbia. Voters in North Dakota, South Dakota, and Arkansas, however, decided against recreational marijuana. It remains legal for medical reason...

The European Union’s new Unified Patent Court is an international body set up by participating EU Member States to deal with the infringement and validity of both Unitary Patents and European patents. The court's objective is “putting an end to costly parallel litigation and enhancing legal certainty.” Unitary patents are intended to make it possible to get patent protection in up to 25 EU Me...

Before COVID-19 came to America in early 2020, “going to court” literally meant putting on your shoes and walking into a courthouse, typically a large building with courtrooms inside, and people in robes and business suits and, in some cases, more restrictive attire.   Stoked by necessity, courts sprinted toward solutions for keeping the wheels of justice spinning while also keeping everyone away...

It's apparently (and hopefully) on its last legs. The Covid-19 pandemic was the most recent health issue to raise questions around government’s involvement (or interference) in an individual’s control over their own medical treatment. In their article – Government Involvement in Medical Care Decisions During Outbreaks of Disease: How Far is Too Far? – our guests wrote about the intersection o...

The judicial system is overburdened for a number of reasons, and greater efficiency is a must if court systems are to achieve their important objectives. Technology and openness to all that it offers is a key solution, something that was tried, tested and proven during the Covid pandemic which closed courthouses and law offices around the nation. Along with technology, improvements can be made by...

When large companies face massive mass tort litigation, one way they can survive is to file for bankruptcy protection and reorganize.  3M recently put its Aearo Technologies subsidiary into bankruptcy in the face of more than 230,000 claims  that's its defective earplugs caused hearing loss.  When it came to filing bankruptcy 3M said Aearo was solely responsible for the product. But for sever...

The pressure on trial lawyers, judges, plaintiffs, defendants, and court systems is only increasing. Take New Jersey as an example, where the backlog of cases nearly quadrupled in a year between February 2020 and 2021, the first year of the pandemic, according to NJ Spotlight News (NJSN) . The state is also facing a historic shortage of jurists, “leading to overworked judges, huge case backlogs an...

If you're feeling bad about being a lawyer, or just maybe tingling with the holiday spirit of giving back, this episode is for you.  Listen to three professionals (well, maybe two "professionals") who deeply admire for the legal profession, the important role attorneys play in society, and all the potential they have to make the world a better place. When there is strife, there is a...

In this episode we talk about the weather. But only for a minute. Mostly we’re going to talk about the use of big data in the practice of law. There is a reason IBM acquired the digital assets of The Weather Channel , and it's not because they are climate nerds. They bought it to put weather data to work to “operationalize [the] understanding of the impact of weather on business outcomes.” Th...

These stubborn chemicals are everywhere. But when they find their way into products, shouldn't someone tell consumers? Per- and poly-fluoroalkyl substances (“PFAS”) are a family of more 12,000 manmade compounds.  That's a huge family. Most people would recognize the brand names Teflon, produced by Dupont and Scotchgard produced by 3M. They also go by the nickname “forever chemicals” beca...

Marissa, a resident of a small town in Kentucky, learned that for some time her drinking water may have been contaminated with so-called "forever chemicals" or PFAS. It's really a collection of chemicals used in products like fire-suppression foam, cookware, stain-resistant sprays, and food packaging. A local public radio reporter covering the story asked Marissa for her reaction. &...

Attorneys are increasingly required to demonstrate technological proficiency in addition to remaining current on the law and legal practice. It’s not just a skill requirement but an ethical one, too, as states continue to adopt new rules. The challenge for attorneys, judges, and the rule makers is that technology is generally evolving faster than they can keep up. This creates grey areas and blind...

According to the online Covid Coverage Litigation Tracker (CCLT) run by Penn Law there have been more than 2,300 insurance coverage cases filed over denial of claims relating to Covid-19. Restaurants and bars were hardest hit by the pandemic and so led the way in seeking – and being denied – coverage, too. They are also leading the way in suing their insurers. The top five insurers in the defense...

According to the International Agency for the Prevention of Blindness there are 43 million people around the world living with blindness, and 300 million living with moderate to severe visual impairment. Put those statistics next to these: There are nearly 2 billion websites, and 550,000 created every day. Shouldn’t sight-impaired people have the same access to these sites as sighted people? Of co...

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. 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 i...

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. Finally, your ship comes in. At that point, however, it is officially too late to think about how to best handle a sudden influx of capital; that is, if you...

In this episode we discuss reducing corporate risk caused by laxity, inattention, misconduct, unethical behavior, or even illegal activities by people and organizations in your supply chain. Often these things are what happen when people are under pressure. They may feel pressure to bend rules to hit sales targets, or they feel significant competitive pressure. Shareholders demand a return on inve...

Among the legal and regulatory avenues one might follow to mitigate the impact of racism, most of us would look to various manifestations of discrimination law in  employment, lending, real estate, education, healthcare, voting rights, and other categories. When presented in those contexts, the anti-racism objectives are clear.  But there is at least one area where the primary goal is capitalism,...

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.   Not that marriage or...

For an individual, merely navigating litigation can be expensive, time consuming, and at times overwhelming. But when that individual is also unable to work, or cannot function normally  because they have been disabled by an injury – like the loss of a limb in a railroad accident -- or is undergoing treatment for disease – like cancer from a toxic herbicide -- that explodes the level of stress on...

While we may be in the final days, months, or years of it, the use and possession of cannabis remains illegal under the federal Controlled Substances Act.  But a patchwork of state laws is bringing the country closer to some form of legalization.   Some states allow its use for medical purposes, others have made it legal for recreational purposes, and others have decriminalized it. But when cannab...

So, apparently this is true:  Running a lending operation without registering with the SEC makes them crabby. Spoiler Alert : On Valentine’s Day this year the SEC announced a $100 million fine against retail crypto lender BlockFi Lending. Nothing says "will you be mine?" like a nine-figure bill -- for  that special someone who has everything. The company agreed to put an end to some of i...

“Chinese companies view American and EU companies as very risky, in large part because so many American and EU companies are looking to move their manufacturing out of China.” –Dan Harris, co-founder of HarrisBricken and co-editor of The China Law Blog .  A major potential avalanche of risks are those that would shake the business world  should – as some expect it will –  trade relations between C...

The PFAS  family of chemicals is one stubborn bunch. They are a class of man-made products dubbed "forever chemicals," because of the difficulty of removing them from the environment, humans, and other animals.  They are also at the center of sprawling litigation around the country involving alleged property damage, water contamination, and bodily injury. More than 1,500 cases are consol...

Economic sanctions leveled against Russia, its leaders, and selected oligarchs by the United States and many other countries for its invasion of Ukraine are arguably the most aggressive in history. Their impact on the Russian economy has been severe and immediate, pushing the nation to the brink of economic collapse. Yet, the world of business goes on, as it must. But what risks do American corpor...