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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

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Another History Lesson and a Chuckle: The 2020 Year End Report by Chief Justice Roberts
The year end reports of Chief Justice Roberts often include a history lesson, and a chuckle or two. His year end report for 2020 provides...

Kirk T. Hartley
Jan 6, 20211 min read
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Arbitration Confidentiality Clause Does Not Control Subsequent Proceedings in Court
An arbitration agreement may specify confidentiality, but does that term necessarily control and require sealing of subsequent...

Kirk Hartley
Jan 7, 20192 min read
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VW’s $18 Billion Pain
An ounce of prevention versus ………. VW’s $18 billion charge for the emissions cheating scandal provides a timely example of the need to...

Kirk Hartley
Apr 22, 20161 min read
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UK Sentencing Statute May Notably Up the Fines for Serial Violators
For companies operating in the UK, there are more issues for public company directors and risk managers to consider when evaluating...

Kirk Hartley
Jun 4, 20151 min read
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Corporate Executives and Criminal Charges – Some Issues are Highlighted by an Ongoing Crimina
When should corporate officers face criminal charges? Judge Rakoff famously commented on DOJ not indicting bankers from the 2008...

Kirk Hartley
Aug 11, 20148 min read
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GM’s Ignition Switch Recall – Another Fund, or Litigation?
Which direction will GM take for its ignition switch failures – a compensation fund or litigation? Relevant considerations include the...

Kirk Hartley
Apr 2, 20141 min read
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Uber Banks Face More Pressure as CDO Litigation to Grow Again as Feds Are to File Massive Suits Agai
The NYT story is here. One can assume that day-traders and hedge funds will be busy shorting bank stocks and otherwise betting on the...

Kirk Hartley
Sep 2, 20112 min read
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Stock Price Pressure, Mass Torts, and Credit Default Swaps
Hard to believe. Banks do face pressures these days, and B of A is under particular pressure with its stock price down 53%. But now B of...

Kirk Hartley
Aug 24, 20111 min read
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Financial Firms Hit With More Class Certifications Regarding Claims of Financial Fraud in Mortgage B
Class actions and mass filings raise the stakes for mass tort defendants. Back in the day, before "free fall" descents into chapter 11, ...

Kirk Hartley
Aug 23, 20112 min read
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Tough News for Crisis Managers at Public Companies – Hedge Funds May Have Have 25% of Their In
Suppose you are a crisis manager worried about your public company’s falling stock price due to massive tort claims and/or regulatory...

Kirk Hartley
Aug 23, 20112 min read
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Tort Wars – The Next Step in the Toyota Saga Regarding Alleged Document Destruction
Here is a different example of how mass tort litigation ends up becoming a media story. In this instance, the media consists of the...

Kirk Hartley
Oct 16, 20091 min read
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