Journal of Emerging Issues in Litigation
- Editor's Note Articles in This Issue Have Been Written by Human Lawyers
- Employers Be Warned: Workforce Reduction Rules Meet New Workplace Definitions as Employees Go Remote
- Recent Developments in Department of Justice Voluntary Self-disclosure Programs Create Opportunities and Risks for Clients
- Table of Contents
- Fda's Final Rule on Laboratory Developed Tests as Medical Devices: an Overview and Where Legal Counsel Should Focus
- Flying Cameras: Gaps in Drone Regulation and How Courts Can Fill Them . . . for Now
- Property Insurance Coverage for Emerging Risk: Underground Climate Change
- Climate Change, Property Rights, and Conservation: Highlights from a Decade of Environmental Law (2013-2023)
- The Use and Abuse of the Pollution Exclusion
- The "ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" Finally Levels the Playing Field
- Ftc v. Amazon: Market Definitions and Section 5 of the Ftc Act
- Mild Traumatic Brain Injuries: Proving the Permanence of the Condition
- Protecting Policyholders as Ai Is Developed for Insurance Claims Handling: Ensuring "decency and Humanity" in the Digital Age
- Ohio Supreme Court Ruling Sends Important Reminder: Long-standing, Fundamental Principles of Insurance Policy Construction and Law Are Applicable to Cyber Claims
- Table of Contents
- Waiting for Reasonableness: California Consumer Privacy Act Litigation Trends One Year Later
- Uk Decision Likely to Affect Mounting Litigation Over Catastrophic Loss Insurance Coverage
- Labor Organizing in Retail: Conditions Remain for Continued Momentum
- Workplace Investigations: Proactive Assessments Mitigate the Risk of Costly Litigation in a Newly Remote Environment
- Insurance Coverage for Digital Assets: Mitigating Losses in Cryptocurrency and Non-fungible Token Markets
- Top Legal Risks With Generative Ai
- Litigating a Claim to Recover Liquidated Damages: Enforceability Depends on Evidence of Good Faith Expectations
- Strategies for Maximizing Insurance Recovery for Climate Change-related Loss and Damage
- Editor's Note Disputes That Are Increasingly Global, Tricky, and Long Lasting
- Editor's Note Leveling the Workplace and Insurance Playing Fields
- Table of Contents
- Emr Audit Trail—what Is It? Why Do They Matter? What Should You Look For?
- Table of Contents
- How Companies Seeking to Leave China for Mexico Can Mitigate Their Legal Risks and Protect Against New Ones
- Editor's Note New Twists on Old Concepts
- The Wild, Wild West of Corporate Litigation: Will Texas Unseat Delaware as the Preferred Forum for Business Disputes?
- Digital Health Care Companies, Beware: Federal Agencies Are Tracking Your Use of Online Tracking Technologies
- New Year, New Rules: Ftc Proposes Sweeping Ban on Noncompete Agreements
- Policy Derailed: Can U.s. Antitrust Policy Toward Standard Essential Patents Get Back on Track?
- Front Matter
- Wildfire Claims and Coverage
- Clearing the Haze: State Laws and Private Plaintiffs Critical to Preserve Competition in Cannabis
- What 2020 Hath Wrought: Litigation and Legislation Regarding Insurance Coverage for Covid-19 Business Income Losses
- Taking the High Ground: Where Cannabis Insurance Litigation Is Trending (and Why)
- The False Claims Act: the Anatomy of an Investigation and What's in Store
- Going Viral or Going Nuclear: Social Inflation's Impact on Jury Verdicts and How to Safeguard Against it
- A Survey of Recent Insurance Coverage Determinations: D&o, Opioids, Biometrics, Data Breaches, Ransomware, and Lead Paint
- Robojudges: if Machines Could Make Judicial Decisions, Should They?
- Are Federal Courts Persuading State Courts to Rethink Causation in Toxic Tort Cases? a Case Study from Illinois
- The Environmental, Social, and Governance Police Have Arrived: Is Your Insurance Ready?
- Editor's Note Litigation: a Global Game of Whac-a-mole
- Front Matter
- Autonomous Vehicles: the New Technology Driving the Litigation Conversation
- Policyholders Hit With Ransomware, Then Strike Insurance Coverage Oil in Indiana
- Front Matter
- Legal Landscape Related to Ai-generated Works Remains Uncertain
- Editor's Note Things That Sneak Up on You
- Full Court Press
- Asymmetrical Combat: Bad Faith Liability in Insurance Recovery Cases
- Distance Medicine: Telepsychiatry in the Age of Covid-19
- Remediating, Insuring, and Litigating Pfas Claims
- A Discussion of the Procedural Challenges to the Irs's Compliance With the Apa and Its Impact on Tax Litigation
- Telephone Consumer Protection Act Class Actions: What Lies Beneath
- Overconfidence: a Risky but Pervasive Phenomenon in Litigated Disputes
- Artificial Intelligence Litigation Risks in the Employment Discrimination Context
- Table of Contents
- To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses?
- Table of Contents
- An Assessment of the Mounting Legal Challenges to the Sec's New Climate Disclosure Rule
- One Word: Plastics—two Words: Pollution Exclusion: Why Cgl Policies Should Cover Plastics-related Liabilities
- Sexual Abuse and Molestation Litigation in the United States Is Costing the Property and Casualty Insurance Industry Billions
- Empowering Consumers, California Privacy Laws Could Spell Trouble for Cannabis Companies
- Epa Makes Important Announcement, Ushering in the Next Era of Mass Tort and Environmental Litigation: "forever Chemicals" Will Now Be Subject to Regulation
- Table of Contents
- Roblox Faces Legal Challenges Over In-game Currency and Underage Gambling: Insights from the Pleadings
- How Insurance Companies Defraud Their Policyholders, and What Courts and Legislators Should Do About it
- Table of Contents
- Medical Monitoring and Pfas Litigation—a Significant Growing Trend
- Table of Contents
- Supplier Beware: the Doj and Ftc Are Investigating Manufacturing and Supply Chain Issues
- Editor's Note from Pot to Privacy to Plastics
- Facial Recognition Proliferation: Litigation and Legal Implications of Biometric Technologies
- Biotech Patent Wars: if at First You Don't Succeed . . . University of California v. the Broad Institute
- Mega Verdict Threat: Tackling Damages Early Can Mitigate Outsized Jury Awards
- Mist Risks: E-cigarette and Vaping Fluid Claims a Troubling Trend for the Property and Casualty Industry
- Bringing Offshore Wind to Land Through the Coastal Zone
- Editor's Note New Money, New Expectations, New Technologies: Litigation and Regulations Responding to Rapid Change
- Front Matter
- Editor's Note Disruption Comes in Many Flavors, and Not All of Them Are Delicious
- Successful Litigation Strategies in Recent $112 Million Punitive Damages Property Damage Insurance Case
- Supreme Court Given the Opportunity to Clarify Federal Law on Medical Marijuana. Will it Take It?
- Video Game or Casino? an International Examination of Loot Boxes and Gambling Regulations
- Front Matter
- Editor's Note New Sec, Doj Disclosure Rules, an Fda Lab-developed Test Rule, New Business Courts in Texas, a Pro-insurer Tweak in Georgia, an Insurance Company Slammed in Indiana, and Can Virtual Currency Turn Online Games Into Kinder-casinos?
- The Rise of Multi-claimant Litigation in England and How Companies Can Manage Potential Exposure
- Surfside Condo Collapse: a 360-degree Insurance Coverage Analysis
- Front Matter
- Why Plaintiffs' Lawyers Are Defeating Their Own Settlement Offers and How Georgia Has Started to Even the Playing Field
- Editor's Note the Road to Litigation Is Often Paved With Opportunity Abused
- Front Matter
- Tvpra, State Statutes Open Door for Civil Damage Claims by Human-trafficking Victims
- Adapting to Ai: Taking a Practical Approach to Governance
- Expert Depositions and Trial Disclosures: What Every Litigator Needs to Know
- Editor's Note Pfas Insurance, Recent Coverage Decisions, Health-care Liabilities, Fca Claims, and Offshore Power Analyzed
- The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (a Possible Dynamic Tort Remedy for Long-term Tort Maladies)
- Ftc Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security: Framing the Legal Parameters
- Editor's Note Moving Forward and Backward With the Grace of a Hippo on Roller Skates
- Editor's Note Topics, Once the Purview of Science Fiction Writers, Belong Now to Litigators
- Table of Contents
- Will a New Wave of New Environmental/toxic Tort Litigation and Claims Upend Insurance Industry Environmental Reserves?
- Dei Programs as a Source of Liability for Law Firms and Other Businesses
- Distance Discrimination: Sexual Harassment in the Remote Work Environment
- Table of Contents
- Copyright Issues in Generative Ai for Software: Doe v. Github Inc. Et Al.
- Biometric Privacy Laws: Companies Will Need Insurance as Protection from New and Expanding Liability
- Table of Contents
- The Age of Disparagement: How Social Media Has Refueled the Smear
- What's Next for Public Nuisance Lawsuits?
- Potential Pitfalls With Adult-use Cannabis: What Both Employers and Employees Should Know
- Front Matter
- Climate Change, Esg, and D&o Insurance: Collision or Cooperation?
- Front Matter
- Table of Contents
- Insurance for Climate Change Events: Examining the Insurers' New Tool for Shifting Costs Back to Policyholders
- Editor's Note New Risks Spring from Remote Work, New Products, and Continued Evolution of Privacy Laws
- Spotting the Risk, Reaping Rewards: Avoiding Increased Antitrust Scrutiny
- Front Matter
- Covid-19 Health-care Litigation: It's Big, It's Complex, and It's Going to Be With Us for the Long Haul
- Pfas Litigation—a Historical Overview and the Growing Trend in Consumer Fraud Lawsuits: What Are the Legal and Business Risks to Companies?
- International Discovery Tool Kit Aims to Facilitate Discovery in Both Domestic and Foreign Litigation
- The Use—and Abuse—of Rule 41(a) to Destroy Federal Question Jurisdiction Post-removal
- Emerging Issues Join Evolving Issues: Mounting Risks Confronting the Property and Casualty Insurance Industry
- Product-related Privity, Preemption, and the Internet Marketplace
- Table of Contents
- Government Involvement in Personal Medical Care Decisions During Outbreaks of Disease: How Far Is Too Far?
- A Compelling Outcome: Using Arbitration Agreements to Limit Liability in Data Privacy Class Actions
- Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications
- Front Matter
- Front Matter
- Table of Contents
- Virtual Hearings: Changing Perceptions of Executive Testimony?
- Cracking the College Sports "cartel": Good for Athletes, Competition, and the Games
- Unarmed or Unwell: How Federal Law Infringes Medical Marijuana Users' Second Amendment Rights
- Cyber and Privacy: 2021 in Review
- Front Matter
- The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance
- Crisis Is the Mother of Change: How a Pandemic Sparked Progress in Courtroom Efficiency
- Front Matter