Recent Publications - Complex Torts & Product Liability


Speaking With: Len Rivkin
August 22, 2016 | Complex Torts & Product Liability | Commercial Litigation

Leonard L. Rivkin, the founding partner of Rivkin Radler, has decades of experience as national trial counsel in high profile, landmark, and precedent-setting cases.

Len served as lead counsel on the Agent Orange class action suit and was national coordinating counsel for a major asbestos manufacturer in claims against the United States and the company’s

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FTC Issues Privacy Tool, Guidance for Health-Related Mobile Apps
June 21, 2016 | Professional Liability | Complex Torts & Product Liability | Intellectual Property

Only days after the Federal Communications Commission (FCC) adopted a notice of proposed rulemaking to establish privacy guidelines applicable to Internet service providers (ISPs),1 the Federal Trade Commission (FTC) took two actions on the privacy front that will affect a smaller, but fast growing, industry: developers of mobile health applications. Given the pervasive use of

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FCC Proposed Rules That Impact Everyone’s Online Privacy
April 19, 2016 | Professional Liability | Complex Torts & Product Liability | Intellectual Property

“Broadband Internet access service” (BIAS) is the essential conduit for the conduct of our daily personal and private lives, without which all Internet activity comes to a stop. Indeed, the Federal Communications Commission recently referred to BIAS as “the most significant communications technology of today.”1 Nevertheless, because BIAS is the road on which Internet traffic

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New York Labor Law Bulletin
March 4, 2016 | Complex Torts & Product Liability | General Liability

First Department Holds that Worker Is Entitled to Partial Summary Judgment under Labor Law § 240(1) For Injuries Sustained in Fall from Prime Mover

In Somereve v. Plaza Constr. Corp., 2016 N.Y. App. Div. LEXIS 1231 (1st Dep’t 2016), plaintiff was injured when operating a prime mover to hoist a load of bricks onto a

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The EU-U.S. Data Protection Dispute and Possible Resolution
February 18, 2016 | Professional Liability | Complex Torts & Product Liability | Intellectual Property

Early in February, the European Commission and the U.S. government agreed on a new framework for transatlantic data flows, which they are referring to as the “EU-U.S. Privacy Shield.” Lawyers advising clients with an online presence (i.e., almost all lawyers and almost all clients) typically have had little reason to be concerned about the agreement,

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Standing to Assert Claims for Online Privacy Breaches
December 15, 2015 | Professional Liability | Complex Torts & Product Liability | Intellectual Property

Many believe that we are on the precipice of a deluge of litigation—both individual and multiparty/class action—concerning how an individual’s data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and

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Fifth Amendment Does Not Extend to ‘Digital Person’
October 20, 2015

An acrimonious marital breakup has been known to bring out the worst in some people. Those battles increasingly are fought on the technology field, thereby leaving courts to determine complex personal rights issues in the context of grown-ups behaving badly.1

In another such case, Crocker C. v. Anne R.,2 the Supreme Court, Kings County, addressed

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Circuit Clarifies Time Limit for Computer Hacking Suits
August 18, 2015

Computer hacking historically has been seen as the province of lowlife criminals existing in the darkened recesses of some faraway place looking to make a dishonest buck. However, as individuals increase their online presence and, thereby, their digital vulnerability, unauthorized access to a person’s computers and to email and social media accounts is increasingly being

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In the Courts
July 31, 2015

“Suit” Includes EPA’s CERCLA Enforcement Proceedings, Texas Supreme Court Holds

In response to a question certified to it by the U.S. Court of Appeals for the Fifth Circuit, the Texas Supreme Court has ruled that the term “suit” in a general liability insurance policy included superfund cleanup proceedings conducted by the Environmental Protection Agency (“EPA”) under

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The TSCA Modernization Act of 2015: Assuring High Quality Science
July 31, 2015

With the Toxic Substances Control Act (TSCA), the primary federal chemical safety law, approaching its 40thyear, all of its constituents (industry, consumers and regulators) are in agreement that it needs to be modernized, albeit with some disagreement as to the particular contours of such reform.

Present Legislative Status

Earlier attempts at TSCA reform having failed

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