Kirk Hartley

Kirk Hartley Blogs

Blog Authors

Latest from Kirk Hartley

Over the last couple of years, defense oriented commentators have used the meme “event driven securities litigation” as part of complaining about the increasing volume of class action litigation. From my perspective, there could be merit to some complaints, but the meme is far too broad and all “event driven” cases are not equal. Why? Because the events at issue may range from allegedly causing massive fires to allegedly concealing product liability risks to allegedly…
Yes, there is medical malpractice as to genomic information. The first real study on the topic is from ASU’s Gary Marchant (PhD in genetics and lawyer/law professor) and Rachel Lindor (physician/lawyer). A brief synopsis is provided in a December 5, 2018 post at an ASU law school blog, Bits Bots and Biomarkers.  The full paper is online and open access at this page of the Food and Drug Law Journal.…
Another step forward is happening in the effort to find lung cancers early.  It’s an early detection study – in the UK – using both liquid biopsy and LDCT scans.  The program will start in 2019. The program is a joint effort between Grail, UK government agencies and UK medical centers. The pace of change remains significant. Just under three years ago, Grail and its liquid biopsy goals were publicly announced.  The business is…
It’s an interesting week for thinking about risk. As it happens, I’m presenting on lethal diseases and “real world evidence” at the annual meeting of the Society for Risk Analysis. Meanwhile, the General Counsel of Praedicat recently published an interesting article on:  “What’s the risk in learning about risks?” It’s well worth reading. The article starts out as follows: “In talking with product stewardship and risk management professionals, we occasionally see a fear of too…
The latest global failure of cyber security is covered in detail in a November 30, 2018 post at Krebs on Security, and is headline news around the world. Initial data shows a massive, global scale to the failure. This breach also is only one of many at international and national hotel chains, as explained by Krebs. Market failures often lead to regulation. And, the pressure to block cyber failure is growing issue for corporate boards…
A press release yesterday brought news of an interesting next step in the process of increasing the intersections between law and molecular science. In short, liability insurance clients of Allianz will receive access to the ChemMeta analytic system developed by Praedicat. The ChemMeta system evaluates scientific literature regarding a selected set of chemicals that are or alleged to be “toxic” to some degree or another. I’ve been publicly pointing out Praedicat since 2014. See Praedicat
A detailed data driven study of securities lawsuits before and after Morrison is the subject of a new paper by Professor Davidoff Solomon and colleagues. A summary is online in a November 21, 2018 article at Harvard.edu; the full paper is available for download at SSRN. Part of the summary is pasted below. “In The Myth of Morrison: Securities Fraud Litigation Against Foreign Issuers, we examine the effect of the Supreme Court’s decision in Morrison…
Today is the perfect day to buy a copy of “Cancer Rights Law: An Interdisciplinary Approach.” Why. Because today is the ABA’s annual cyber sale, with 40% off for law books and other written materials. This 2018 book was written  by the leaders of Triage Cancer, working with the ABA for publication.  Triage Cancer is a national not for profit that educates health professionals and patients regarding the entire range range of rights applicable during…
 A word of warning regarding Stub Hub.  In short, the company has failed to put in place systems to block fraudsters from using online systems to create false or multiple sales of the same tickets. So I  learned when my girlfriend and I showed up for a Book of Mormon performance this weekend in Chicago. We were refused entry on our (expensive) tickets. Someone else had purchased the same seats. The other people apparently got…
Over the years ahead, the term “somatic recombination” may make its way into the lexicon of more lawyers. Why? Because a new, high quality study (published in Nature) shows that brain neurons appear to include mechanisms that intentionally induce somatic changes in brain cells.  Some are calling it a “landmark” study. That said, it is an “early days” results that will need confirmatory studies and much more work. That said, it raises interesting questions, including…