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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
Lawyers on All Sides Soon Will See More and More Reports on Tumor Mutations
Changes in the world of science mean that tort lawyers of today and tomorrow soon will see and learn far more about genomic mutations in...

Kirk Hartley
Sep 9, 20144 min read
New Data on Second Hand Smoke Remaining in the Air
A new study provides data on second hand smoke remaining in residences. The article is Semple et al, How Long Does Secondhand Smoke...

Kirk Hartley
Sep 5, 20142 min read
Cyberheists, and Government and Private Standards and Investigations
As the cyberheists continue at Home Depot and JPMorgan, an Amazon.com sort of site exists to sell the stolen credit cards, as detailed by...

Kirk Hartley
Sep 4, 20141 min read
D&O Liability Issues – A Look Ahead
Kevin LaCroix published a September 3, 2014 post with his prognostications about a range of D&O issues. Of note, he included litigation...

Kirk Hartley
Sep 3, 20141 min read
Confused About Detroit – Bloomberg Has Some Answers
Bloomberg has a helpful September 2, 2014 article by Steven Church on the legal and social issues in the Detroit bankruptcy case now...

Kirk Hartley
Sep 3, 20141 min read
Costs of the Asbestos Wars – the Garlock Bankruptcy Professional Fees are at $105 Million, and
As RAND and others long ago explained, the asbestos litigation wars generate massive expenses. With aggregate professional fees now at...

Kirk Hartley
Sep 2, 20144 min read
“Standing Up to Patent Trolls” – Will It Happen?
Now that the litigation industry is just another business, there are problems with low end claimants in various specialty areas of...

Kirk Hartley
Aug 29, 20141 min read
Financial Benchmarks Manipulation – Are Regulators and Litigators Looking at the Wrong Activit
What happens when financial regulators are trying to look at and regulate the wrong subject? Even more financial fraud? The point is...

Kirk Hartley
Aug 28, 20142 min read
Obtaining Access to Underlying Data for Medical Studies
Can/should lawyers be able to use subpoena power to access underlying data from medical research studies at issue in litigation? The...

Kirk Hartley
Aug 26, 20141 min read
Delaware Jurists Write on Contracts and Alternative Entities – Presumably Many Will Listen
“No brainer.” That phrase often was used when I was a baby lawyer. It’s an apt phrase regarding whether to read a new article from...

Kirk Hartley
Aug 25, 20141 min read
Modern Day Debtor’s Prisons – Towns Such as Ferguson
Law is about economics. Therefore, Alex Tabarrock and others are writing about towns that impose heavy fines against the people least...

Kirk Hartley
Aug 22, 20142 min read
Memoirs of Former NCAA Commissioner Became Evidence for the Player Image Antitrust Suit Against NCA
As any asbestos lawyer knows, the writings of former executives often provide material evidence for litigation. It turns out the same is...

Kirk Hartley
Aug 22, 20141 min read
Ken Feinberg Provided a Catalyst for the Player Image Antitrust Suit Against NCAA
Ken Feinberg draws lots of attention for his settlement broker role in mass tort situations. However, there is more – according to an...

Kirk Hartley
Aug 21, 20141 min read
Political Donations and Asbestos Litigation – a 2014 Update on One Side of the Coin
Years ago, Joe Rice very correctly said something to the effect of: “Why would Congress ever end asbestos litigation. It’s the nation’s...

Kirk Hartley
Aug 18, 20141 min read
Another Cyberheist Law Suit
An August 13, 2014 post at Krebs on Security provides news – and some legal analysis from a lawyer – on more cyberheist litigation....

Kirk Hartley
Aug 14, 20141 min read
Exponential Change in Computing Power – Lawyers Beware
How much faster and smaller is a 2014 supercomputer when compared to a 2011 supercomputer? The quick answer is: 24x faster, and 90%...

Kirk Hartley
Aug 13, 20141 min read
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
The Modern Oxymoron: “Secure Web Site” – Liability to Follow
“Over a billion email accounts stolen.” The phrase sounds somewhat like the old McDonald’s ads about the number of burgers sold. For now,...

Kirk Hartley
Aug 7, 20141 min read
Class Action Litigation In Europe in the Age of Social Media – The Facebook Example of 11,000
11,000 persons are said to be seeking to join a class action against Facebook, in Europe. See here. This outcome, if true, provides a...

Kirk Hartley
Aug 6, 20141 min read
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