A Special Episode: A lovable litigator with Danny Karon
Author: Tom Hagy
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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 condition?
Since any compensation for the loss of life, injuries, and property damage will likely be astronomical, where will any financial awards come from?
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Digital Payments in Class Administration
Now On Demand
Epiq presents
DIGITAL PAYMENTS
Best Practices for Efficiency in Class ActionsRecorded: Sept. 23, 2020
75 minutesCLE 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 ActionsRecorded 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 embracing its benefits may lead to quicker adoption.
Take our webinar as our panelists will address:
- Statistical trends in digital payment.
- How to choose the right plan for your settlement structure.
- How to choose the right plan for your class size & payment amounts.
- Cost variables associated with different methods.
- Vendor and program characteristics.
- How to implement an effective program.
- Avoiding excessive unclaimed funds.
- Data security and privacy concerns.
- Questions your judge will ask.
Meet the Speakers
Adam Zapala
Partner
Cotchett Pitre
Adam Zapala is a partner in the San Francisco office of Cotchett Pitre, where he focuses on complex litigation, including antitrust, employment and civil rights, privacy and cybersecurity, qui tam/false claims, consumer protection, and class actions generally. He has served as lead counsel in some of the largest and most complex litigation matters in the country. He received his B.A. from Stanford University and his J.D. from the University of California Hastings College of Law. Read more about Adam and Cotchett Pitre.
Paul G. Karlsgodt
Partner
BakerHostetler
Paul is a partner in the Denver office of BakerHostetler, and serves as leader of the firm’s Privacy and Digital Risk Class Action and Litigation Team. He has significant experience representing companies in the insurance, healthcare, consumer, and education sectors, and is routinely named among the best lawyers in his field. Paul earned his J.D. from the University of Denver Sturm College of law and his B.S. from Purdue University. Read more about Paul and BakerHostetler.
Chris Ljungkull
Director of Sales
Digital Pay
Chris brings Ljungkull 10+ years of experience building strategic partnerships across Financial Services, Enterprise SaaS, CPG, eCommerce, and Logistics. He draws heavily on his experience in fulfillment, print, and mail industries to help Legal Service customers develop solutions that do more with less. Read more about Chris and Digital Pay.
Kim Stephens
Member Partner
Tousley Brain Stephens
Kim Stephens is a Member Partner at Tousley Brain Stephens PLLC, where he focuses on commercial and class action litigation. Prior to joining the firm he was a judicial extern clerk to Hon. Eugene A. Wright of the Ninth Circuit, and worked for the Seattle criminal defense firm of Allen &Hansen. He has been appointed special attorney general for Washington State, as well as lead and co-lead counsel to manage numerous state, federal and multi-district class action matters. He received his B.A. from the University of Washington and his J.D. from the University of Washington School of Law. Read more about Kim and Tousley Brain Stephens.
Judge Suzanne H. Segal (Ret.)
Mediator
Signature Resolution
After 18 years as a U.S. Magistrate Judge with the Central District of California, including four years as the Chief Magistrate Judge, Hon. Suzanne H. Segal (Ret.) joined Signature Resolution as a mediator and arbitrator. During her tenure on the federal bench, Judge Segal presided over numerous trials, evidentiary hearings, motions and discovery conferences involving a variety of cases. Before that she served for 12 years as Assistant U.S. Attorney in the Civil Division of the Los Angeles U.S. Attorney’s Office. She received her J.D. from Claremont McKenna College and her J.D. from Cornell Law School. Read more about Judge Suzanne H. Legal.
Moderator: Aideen Gaffney
Vice President
Epiq
Aideen Gaffney draws upon over two decades of experience as an attorney and a skilled business development strategist to expand the scope and impact of our service offerings while providing effective solutions to our clients’ project needs. Based on the West Coast, her particular experience centers upon class action administration, mass tort global litigation programs, and data breach response programs. Earlier in her career, Gaffney practiced law in San Francisco at Gordon & Rees LLP, and in Portland at Bullivant Houser Bailey PC, handling complex insurance litigation and participating in two jury trials and two bench trials involving ‘bad faith’ litigation. She is a frequent speaker and writer on current topics affecting the legal administration industry, and has presented numerous CLE programs to clients. Aideen received her B.S. from Santa Clara University and her J.D. from Santa Clara University School of Law. Read more about Aideen and Epiq here.
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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 EnthusiastThe 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,” but “when.”
What must companies know about deploying a drone fleet?
What industries are leading the way?
What are the potential legal liabilities?
How does one begin to navigate the regulatory labyrinth?
If one is flying over my swimming pool taking photos, may I shoot it down?
And who in their right minds would ever allow a teenage boy to operate one?
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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.Loading Viewer…
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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.Sandiecounsels 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 opponents?
What strategies can defense employ early in the life of a case?
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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 to confidential merger details to personal and health information.
The last decade is rife with headlines about data hacks and ransomware attacks at even the most sophisticated global law firms.
Yet, according to the 2020 Legal Technology Survey Report conducted by the American Bar Association’s Legal Technology Resource Center fewer than half of the firms polled employ some of the most basic security measures, such as email and file encryption.
What can smaller firms do to protect their data and that of their clients?
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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?
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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.