January 31, 2023

Volume XIII, Number 31

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January 31, 2023

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January 30, 2023

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LITIGATION MINUTE: New Year's (dispute) Resolutions a Look Ahead at Litigation Trends in 2023

In a minute or less, look ahead at some of the topics to be covered in our future editions of Litigation Minute.

Emerging Contaminants Regulations

Emerging contaminants—or contaminants of emerging concern, as referred to by the Environmental Protection Agency—create an increasingly prominent challenge on both environmental and litigation-related grounds. 

While liability claims concerning exposure to emerging contaminants like asbestos and various chemicals have historically affected manufacturing companies, one specific contaminant, ethylene oxide—present in household products from insecticides to detergents—has expanded the risk of personal injury and product liability litigation. 

Website Tracking Litigation

Last year saw increased filings of class-action lawsuits alleging unlawful tracking of users’ website activity. This trend, coupled with new and updated privacy statues in various jurisdictions, poses a significant risk to companies utilizing recent technologies in user interface operations.

With even the most sophisticated technology companies having faced large-scale class-action suits concerning user data privacy, taking appropriate measures to mitigate litigation risk should take precedence for companies as they begin the new year.

Climate-Related Lawsuits

While environmental, social, and corporate governance (ESG) considerations have risen to the forefront of public awareness in recent years, one recent trend in related litigation pertains to the “E”—focusing specifically on the ever-present environmental threat of climate change.

Despite the waves of recent amendments to environmental regulations and disclosure requirements, climate-based litigation has only expanded in scope, with companies operating in industries from the financial sector to retail facing the prospect of mass tort and class-action suits.

Copyright 2023 K & L GatesNational Law Review, Volume XIII, Number 25
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About this Author

Lindsay Sampson Bishop, Insurance Coverage Attorney, Commercial Litigation Lawyer, KL Gates Law firm
Partner

Ms. Bishop is a partner in the litigation department of the firm's Boston office. She concentrates her practice in general commercial disputes with a focus on insurance coverage and consumer finance litigation. Ms. Bishop's insurance coverage experience includes representing policyholders in coverage disputes arising under commercial general liability insurance policies, professional errors and omission policies, and directors and officers' liability insurance policies. Ms. Bishop's consumer finance experience includes the defense of banking, mortgage lending and...

617-951-9198
Jacquelyn S. Celender, KL Gates, Domestic Arbitration Lawyer, Document Collection Attorney
Associate

Jacquelyn (“Jackie”) Celender is an associate in the firm’s Pittsburgh office. She concentrates her law practice in the area of commercial litigation, with a particular focus in the insurance coverage and construction practice areas. Ms. Celender is experienced in all stages of litigation and in domestic and international (AAA and ICDR) arbitrations. Her experience includes fact investigation, managing e-Discovery matters and complex document collections and productions, preparing witnesses for and conducting fact and expert witness depositions and examinations at trial...

412-355-8678
Abram I. Moore Partner K&L Gates
Partner

Abe Moore serves as a practice group coordinator for the firm’s Complex Commercial Litigation and Disputes group. An experienced lead counsel in both trials and arbitrations, he finds the best solution for his clients’ business disputes, while always considering their particular business objectives. When that solution is trial or arbitration, he is a dedicated and creative advocate for his clients. 

Abe’s practice spans a wide array of complex disputes, including the defense of alleged discrimination claims, all manner of breach of contract...

312-781-6010
Erin Palmer Polly Complex Commercial Litigation Lawyer Nashville
Partner

Erin Palmer Polly is a partner in the firm’s Nashville office and is a member of the Complex Commercial Litigation practice group. She is a trial lawyer who focuses her practice on business and commercial disputes, civil rights litigation, class action matters, intellectual property litigation, professional liability defense, and provider/payor disputes.  She has tried cases in federal and state courts as well as before arbitration panels and has developed significant experience conducting internal investigations.

615-780-6733
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