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

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Blazing Saddles (the movie) and the GM Switch Issues
The GM switch arguments raise important issues about the claimed powers of bankruptcy judges. Set out below are some background facts and...

Kirk Hartley
Apr 29, 20143 min read
The Beginning of the Litigation Over High Frequency and High Speed Trading
High frequency trading. It’s a “growing cancer” on Wall Street, according to Charles Schwab. It’s the subject of Flash Boys: A Wall...

Kirk Hartley
Apr 21, 20141 min read
ACI Chemical Litigation Conference
Time to head to Chicago. Yes, it was a long winter in Chicago but it is warmer now, and so toxic tort lawyers should think about...

Kirk Hartley
Apr 15, 20142 min read
Google Glass Enters Law Firms – One Use – Real Time Insights into the Life of an Injure
Some members of the litigation industry believe and invest in front line technology. Consider Fennemore Craig. The firm now is using...

Kirk Hartley
Apr 10, 20141 min read
Litigation Industry Cross-fire
The cross-fire never ceases among members of the litigation industry. Nathan Schactman recently posted an interesting new attack on the...

Kirk Hartley
Apr 7, 20141 min read
Shale Watch – A Blog Fracking
Who knew. Fracking related litigation already has a web site – Shale Watch. It’s from Andrew Scholz and others at Goldberg Segalla....

Kirk Hartley
Apr 3, 20141 min read
SCOTUS Leaves in Place the Ban on Secret Delaware Arbitrations Conducted by Chancery Judges
Fans of transparency will be pleased. SCOTUS declined to hear the cert petition seeking to breathe life into the secret Delaware chancery...

Kirk Hartley
Mar 24, 20141 min read
Winston & Strawn For Plaintiffs in Anti-trust Suit for Players
Those darned plaintiff’s lawyers obviously are the cause of all things bad in litigation (sarcasm intended). Note that their ranks now...

Kirk Hartley
Mar 20, 20141 min read
Caremark Duties – Comparing “The Fight Against Medical Monitoring” to GM’s N
One wonders how many tort defense lawyers and/or liability insurance companies talk to lawyers who defend securities cases arising out of...

Kirk Hartley
Mar 19, 20141 min read
Epigenetics Getting More Coverage in the Science and Law Community
It’s good to see more people talking about epigenetics as related to law and toxic torts. A new post from Innovative Science articulates...

Kirk Hartley
Mar 14, 20141 min read
Fitch on GM’s Recall, Reputation Risk, and Costs
Back in the day, product recalls did not exist. Then they started, slowly. Now, analysts cover them. Here is Fitch on GM’s ignition...

Kirk Hartley
Mar 14, 20141 min read
Criminal Indictments and the Demise of Dewey & Lebeouf
Kevin LaCroix provides a story and comprehensive set of links to stories tracing the demise of Dewey & Lebeouf, and the recent bank fraud...

Kirk Hartley
Mar 12, 20141 min read
Nathan Schachtman on Use of the Term “Junk Science”
Nathan Schachtman published an informative and enjoyable new post – partially humorous too – on the use of the term "junk science."...

Kirk Hartley
Mar 10, 20141 min read
The Legal Wars Between Whistleblowers and Defense Contractors
The litigation industry never sits still – it’s move and countermove. To try to stifle surging whistleblowing, some defense contractors...

Kirk Hartley
Feb 26, 20141 min read
Does Twiqbal Apply to Affirmative Defenses
Shook Hardy’s latest product liability newsletter briefly summarizes a new review of 230 cases on the topic of whether Twiqbal applies to...

Kirk Hartley
Feb 25, 20141 min read
Cyber Breach Insights
Corporate Counsel’s new issue includes an article asking whether the continuing string of corporate cyber breaches will become a tipping...

Kirk Hartley
Feb 24, 20141 min read
The Most Unusual Litigation Preservation Issue – A Man’s Heart, or Is It?
This article tells an amazing story about possible fraud by a hospital related to a man’s heart (the cause of his death was at issue)....

Kirk Hartley
Feb 21, 20141 min read
Data, Metrics and Measuring – Nursing Home Litigation
Data, metrics and measuring are techniques much used by high quality manufacturers. From the little I see, those techniques are less...

Kirk Hartley
Feb 18, 20141 min read
Companies are Not Islands – “It’s Not Just Your Accounting Fraud”
Companies are not islands. Mistakes or fraud by company X may drag down prices of most or all companies in that sector. This valuable...

Kirk Hartley
Feb 14, 20141 min read
UK Tort Litigation Ventures Prove Profitable for Australia’s Slater & Gordon
The litigation industry continues to grow and thrive, including change and expansion outside the US. Background – Slater & Gordon is an...

Kirk Hartley
Feb 13, 20141 min read
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