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

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Advice for Independent Counsel on Dealing with Insurer Guidelines
A new article from policyholder counsel at Neil Gerber  (Seth Lamden) “offers advice to independent defense counsel (often referred to as...

Kirk Hartley
Sep 10, 20141 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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Limiting Bankruptcy Court Exculpations Against Liability – Objections from a US Trustee to Req
Bankruptcy lawyers are seldom shy in asking for too much in chapter 11 plan confirmation orders. And, Â too often, the lawyers and their...

Kirk Hartley
Jul 31, 20141 min read
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When Should Suit Be Filed by a Potential Pharma Plaintiff?
The yin and yang of litigation creates interesting alternatoives. Today, we hear some on the defense side complain bitterly that...

Kirk Hartley
Jul 10, 20142 min read
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For-Profit Public Enforcement
The Conglomerate blog brings forward yet another interesting topic, paper and author in a July 7, 2014 post. The topic is “For-Profit...

Kirk Hartley
Jul 8, 20142 min read
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Cancer Subrogation Claims – Health Insurer Hires Plaintiff’s Firm to Sue Takeda and Eli
Subrogation claims and liens of various kinds continue to assert a growing influence on mass tort litigation. In a new example, Blue...

Kirk Hartley
Jul 2, 20141 min read
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Consequences for Ignoring Science and Technology – Corporate Boards and Other Leaders –
It may be the corporate boards are starting to get the message about the need to pay attention to science, technology and cybersecurity....

Kirk Hartley
Jul 1, 20143 min read
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“Call for Papers – A Conference on The ALI’s Principles of the Law of Liability Insura
The point of this post is to spread the word about a call for papers on topics related to liability insurance and the ALI’s ongoing work...

Kirk Hartley
Jun 27, 20142 min read
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An Important New Paper on Mesotheliomas: “Germline Mutation of Bap1 Accelerates Development of
A June 13, 2014 Â paper by Dr. Joseph Testa and colleagues expands the ongoing investigation into the relationships among mesothelioma,...

Kirk Hartley
Jun 24, 20142 min read
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Update on the Federal Loss on GM – and Relevance to the GM Switch Issues
April 30, 2014 news reports say that the US treasury now reports losing $11.2 billion on the GM takeover fiasco, and has written off its...

Kirk Hartley
Apr 30, 20142 min read
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Vaginal Mesh Litigation Takes a Moment in the Mass Tort Spotlight
Vaginal mesh cases are taking a turn in the spotlight. The events include J & J being hit for $ of compensatory damages, and about $ 7.6...

Kirk Hartley
Mar 1, 20131 min read
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FASB and IASB Failing to Achieve Convergence – Possible Consequences of Stall and Delay
Stall and delay. It’s a time honored litigation technique for some defendants, but a technique that may not be wise, as evidenced by the...

Kirk Hartley
Jul 20, 20122 min read
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Michael Goldhaber’s Assessment of the Future for ATS-Type Claims, and Brief Overview of Chevro
Here is a pithy summary at Opinio Juris from Julian Ku of discussions at an ASIL session regarding Chevron v. Ecuador. On the general...

Kirk Hartley
Apr 3, 20124 min read
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Chevron and Ecuador – The Spin Battle Continues at OpinioJuris
Chevron and Ecuadorian plaintiffs remain entwined in a massive battle of lawyers and spinners. A new installment of the battle has...

Kirk Hartley
Mar 18, 20121 min read
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Upcoming Australian Decisions on Securities Law Issues Related to Mass Torts
Two significant, upcoming securities law cases in Australia are relevant to corporations and their officers and directors coping with...

Kirk Hartley
Oct 7, 20112 min read
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Focus on Piracy – Specialized Courts Needed ?
Opinio Juris includes this interesting post on a high-level pro bono effort to focus on confronting the growing problem of piracy. One...

Kirk Hartley
Aug 24, 20111 min read
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Bloomberg Finds the Facts and Tells the Story on the Massive Financial Crisis Loans to Wall Street a
DealBook this morning drew attention to the finally-emerging numbers published by Bloomberg on the loans granted to Wall Street and...

Kirk Hartley
Aug 22, 20112 min read
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Banks as MDL Defendants – The Countrywide Example
Multidistrict litigation panels manage mass claims. The legal community is used to seeing MDLs involving product liability claims related...

Kirk Hartley
Aug 18, 20112 min read
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Bank of America as a Mass Tort Defendant – Lessons Related to Public Companies Seeking Mass Se
Public companies feel pressure through stock price, and mass tort litigation can put stock price under enormous pressure. Stock price...

Kirk Hartley
Aug 17, 20113 min read
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Update – Pfizer’s Trust to Resolve Tort Claims for Africans Claiming Improper Testing
A NYT story by Donald G. McNeil, Jr. provides an update on a trust created by Pfizer to resolve alien tort claims arising from drug...

Kirk Hartley
Aug 13, 20112 min read
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