Emerging Litigation Podcast (Tom Hagy)
Explore every episode of Emerging Litigation Podcast
| Pub. Date | Title | Duration | |
|---|---|---|---|
| 09 Feb 2022 | PFAS Science with Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler | 01:07:42 | |
In our first two-part episode, we dive into the troubling existence of a group of chemicals referred to as PFAS, with the nickname "Forever Chemicals," because they stubbornly hang around in water, air, fish, soil, people, and animals. PFAS -- which stands for per- and polyfluoroalkyl chemicals -- are man-made creations that have been used in industry and consumer products worldwide since the 1950s. There are more than 4,000 of them, so it's a big family. They can be found in non-stick cookware, water-repellent clothing, stain-resistant fabrics and carpets, cosmetics, firefighting foams, and products that resist grease, water, and oil. Studies have shown that exposure to some PFAS in the environment may be harmful to humans and animals. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much you learned from Jaana, Jim and Bob, please drop me a note at Editor@LitigationConferences.com. | |||
| 20 Feb 2022 | Persuasion Science for Trial Lawyers with John Blumberg | 00:57:12 | |
"Your proposition may be good, but let’s have one thing understood: Whatever it is, I’m against it. And even when you’ve changed it or condensed it—I’m against it!" —Professor Wagstaff (Groucho Marx) in the 1932 movie Horse Feathers Attorney John P. Blumberg’s new book, Persuasion Science for Trial Lawyers, published by Fastcase Full Court Press, “takes a fascinating new approach to examining why certain advocacy techniques do and don’t work to persuade trial juries,” writes Susan G. Poehls. Director of Trial Advocacy Programs and William C. Hobbs Professor of Trial Advocacy at Loyola Law School, Poehls calls it an eye-opening read, one that will run "counter to what many of us have been taught for decades." John joins me to discuss his study of the science behind persuasion. He examines a number of important concepts for trial attorneys, such as how emotions overcome rational thought, and how mental fatigue interferes with how we receive information, leading us to take mental shortcuts rather than doing the hard work of critical thinking. He also writes about understanding the differences between liberal and conservative brains. In addition to being an author, John is a board-certified trial attorney based in Long Beach, California. He handles both legal and medical malpractice litigation and is on American Board of Trial Advocates. You will especially want to hear my contributions, such as what I know about the rule of threes. For example, a joke about a doctor, a lawyer, and a duck is much funnier than one about just a doctor and a lawyer. Unless, of course, at least one of them is a duck. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much you learned from John, please drop me a note at Editor@LitigationConferences.com. | |||
| 08 Mar 2022 | Social Inflation’s Impact on Jury Verdicts with Sandra Cianflone, Samantha Myers, and Lindsay Nishan | 00:57:41 | |
Jurors' perceptions of big corporations, insurance companies, drug companies, physicians and other healthcare providers is increasingly colored by TV and social media. What factors contribute to these exorbitantly high jury verdicts? Listen to my interview with Hall Booth Smith attorneys Sandra Cianflone, Samantha Myers, and Lindsay Nishan, each of whom represents members of the healthcare industry, as they discuss what drives large verdict and what attorneys should consider in mitigating the effects of this phenomenon. In keeping with tradition, we may have strayed a bit from the topic. One guest’s Aunt Lulu made an appearance. It turns out Covid lockdowns may have produced more enthusiastic jurors. And I added another reason why writing and podcasting, and not the practice of law, was a better career path for me. (Apparently lawyers aren’t supposed to laugh in people’s faces. Noted.) | |||
| 16 Mar 2022 | Impact on Global Financial Systems of U.S. Sanctions on Russia with Brad Rustin | 00:29:49 | |
Economic sanctions leveled against Russia, its leaders, and selected oligarchs by the United States and many other countries for its invasion of Ukraine are arguably the most aggressive in history. Their impact on the Russian economy has been severe and immediate, pushing the nation to the brink of economic collapse. Listen to my interview with Brad Rustin, a partner with Nelson Mullins Riley & Scarborough LLP and chair of the firm’s Financial Services Regulatory Practice. Brad is a highly regarded FinTech law and industry expert. This will be apparent when you listen. Brad is also on the Editorial Advisory Board of the Journal on Emerging Issues in Litigation. This is a special rapid-release episode given we feel the insights Brad shares are insights business and FinTech’s -- and their attorneys -- urgently need to hear. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much you learned from Brad, please drop me a note at Editor@LitigationConferences.com. Tom Hagy | |||
| 01 Apr 2022 | PFAS Insurance Coverage with Robert Chesler | 00:35:24 | |
The PFAS family of chemicals is one stubborn bunch. They are a class of man-made products dubbed "forever chemicals," because of the difficulty of removing them from the environment, humans, and other animals. They are also at the center of sprawling litigation around the country involving alleged property damage, water contamination, and bodily injury. More than 1,500 cases are consolidated in closely-watched multi-district litigation in federal court in South Carolina. Listen to my interview with Anderson Kill's Robert D. Chesler, a preeminent expert on insurance coverage law especially in the context of highly complex long-tail claims scenarios involving multiple parties and events that can span decades and always cost many millions of dollars. Considered by many to be an insurance guru on these cases -- as well as on D&O, cyber and privacy, and intellectual property insurance -- Bob holds a Ph.D. and masters degree from Princeton University, and a J.D. (cum laude) from Harvard Law School. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, and Bob is one of our most valued editorial advisors. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much you learned from Bob, please drop me a note at Editor@LitigationConferences.com. Tom Hagy | |||
| 21 Apr 2022 | What Businesses and Lawyers Should Know About the U.S. / China Relationship, featuring Dan Harris | 00:44:16 | |
“Chinese companies view American and EU companies as very risky, in large part because so many American and EU companies are looking to move their manufacturing out of China.” –Dan Harris, co-founder of HarrisBricken and co-editor of The China Law Blog. A major potential avalanche of risks are those that would shake the business world should – as some expect it will – trade relations between China, and America and EU, come to an end. China is America’s largest trading partner, a relationship responsible for $600B a year in commerce, according to the Office of the U.S. Trade Representative. By comparison, U.S. / European Union trade exceeds $1T. The trade deficit with China for goods is more than $300 billion, while the U.S. has a trade surplus for services of $25B. China is America’s largest supplier of imported goods, while China is America’s third largest export market. U.S. invests roughly $125B in China, compared to China’s investment of $38B in the U.S. The figures vary wildly depending on who you ask, but the Trade Representative puts the U.S. GDP at $21B and China’s at more than $14B. In case you missed it, U.S./China relations have been strained. President Trump cast a spotlight on the downsides of the relationship for the U.S., and China’s response to the sanctions imposed on Russia by President Biden and the West for invading Ukraine have made the relationship even rockier. The U.S./China marriage needs some serious counseling. Eventually, experts say, the couple is headed for divorce. How that breakup plays out, especially if or when China takes custody of Taiwan – peacefully or otherwise – is something the business world needs to brace for. No; seriously. For example, should the West impose sanctions on China similar to those on Russia, the shift in the business world would be tectonic. Joining me on this episode is Dan Harris, a leading authority on the legal and strategic aspects of conducting business in emerging markets. Dan is co-founder of the international practice of Seattle-based HarrisBricken, which has offices across the U.S., as well as in China, Spain, Mexico, and Brazil. His China Law Blog was named, and with good reason, to the ABA Journal’s “Blawg Hall of Fame.” Tom Hagy | |||
| 01 May 2022 | Takeaways from the SEC's $100M Fine Against FinTech Lender BlockFi, with Brad Rustin | 00:39:43 | |
So, apparently this is true: Running a lending operation without registering with the SEC makes them crabby. So, what does the SEC want companies to do? What remedies does the SEC have for unregistered securities offerings? What impact will this have on private litigation? Is there a risk that BlockFi Interest Account investors will have claims against BlockFi? Want to find out? Listen to my interview with attorney Brad Rustin. Brad is a partner in the Greenville, South Carolina, office of Nelson Mullins Riley and Scarborough where he chairs the firm’s Financial Services Regulatory Practice, leading a team of attorneys in a national practice representing clients in financial regulatory and FinTech matters. This is Brad’s third appearance on the podcast! He spoke on one episode about the Impact of the Russia Sanctions on Global Financial Markets, and on another popular episode on the Gamification of Stock Trading. Brad is a valued member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation, a companion to this podcast. Want a sample copy? Let me send you one. Write to me at Editor@LitigationConferences.com. This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much you learned from Brad, please drop me a note at Editor@LitigationConferences.com. | |||
| 06 May 2022 | Cannabis Coverage Litigation with John McDonald and Jihee Ahn | 00:34:21 | |
While we may be in the final days, months, or years of it, the use and possession of cannabis remains illegal under the federal Controlled Substances Act. But a patchwork of state laws is bringing the country closer to some form of legalization. My guests co-wrote an article for the Journal on Emerging Issues in Litigation, titled “Taking the High Ground: Where Cannabis Insurance Litigation Is Trending (and Why).” They write that it is up to litigators to frame their cases in ways that will determine the outcome of important disputes over insurance coverage. They are John B. McDonald an experienced litigator practicing in the Seattle and New York offices of Harris Bricken, where he represents clients in complex commercial, insurance, and partnership matters. And, Jihee Ahn, also an experienced complex commercial litigator with Harris Bricken, and chair of the firm’s Dispute Resolution/Litigation practice group. Their partner, Hilary Bricken, years ago founded the outstanding Canna Law Blog, a tremendous resource. Hilary and Harris Bricken co-founder Dan Harris are on the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation and this podcast. Speaking of which, this podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project produced by HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much you learned today – or if you’d like a copy of John’s and Jihee’s article -- please drop me a note at Editor@LitigationConferences.com. p.s. If you know why we call it “recreational” cannabis use but “social” drinking, please write to me. It’s literally keeping me up at night. So is my uncontrolled sarcasm. | |||
| 11 May 2022 | Alternative Financial Support for Plaintiffs During Litigation with Erin Waas | 00:24:41 | |
For an individual, merely navigating litigation can be expensive, time consuming, and at times overwhelming. But when that individual is also unable to work, or cannot function normally because they have been disabled by an injury – like the loss of a limb in a railroad accident -- or is undergoing treatment for disease – like cancer from a toxic herbicide -- that explodes the level of stress on a person and their family. There are companies in the "non-recourse settlement advancement" space that will provide financial support to claimants in litigation. This helps them with their regular daily expenses – plus medical costs – until their case settles or until they receive an award. But most of these companies, as you can imagine, are for-profit entities. As such, their fees can make their support unaffordable and can leave the plaintiff with a substantially diminished payout. Our guest is going to describe a different approach taken by the non-profit foundation she oversees, one that is infinitely more understandable and affordable for claimants. Erin Waas is Executive Director of The Milestone Foundation, a national 501(c)(3) nonprofit that provides financial assistance to people pursuing a personal injury lawsuit. Erin brings nearly two decades of experience working in the public sector and with nonprofits in fundraising and communications, most recently at the University at Buffalo, where she served as senior advancement writer. Prior to relocating to Buffalo, Erin spent the bulk of her career to-date in Boston, where she worked in stewardship at Harvard University and as a consultant for nonprofits of all sizes. Speaking of fundraising, and if you believe in the cause, consider supporting the Foundation with a donation today. | |||
| 16 May 2022 | High-Asset Divorce Litigation with Robert D. Boyd and Kimberli C. Withrow | 00:38:10 | |
Let's assume this is good news. The divorce rate appears to be coming down. Either people are more committed to these unions or have succumbed to lifetimes of misery. But the common belief -- that "50% of all marriages end in divorce" -- doesn't enjoy statistical support. Six percent of people who divorce get back together, so that's something, too. Not that marriage or divorce is a disease (despite how it might feel to some), it is tracked by the Centers for Disease Control, which says your profession is a primary factor in the equation. It causes stress, takes you away from home, and is reflected in your bank account. According to Monster.com, the rate is higher among people working in fading industries, like certain machine operators. Despite frequent coverage of Hollywood breakups, they don't mention entertainers, other than dancers and choreographers, who don't fare well in marriage. Lawyers, in general, do not have a particularly high divorce rate. Complex, high-asset divorces involve people who share significant wealth and/or real estate, own lucrative businesses, or make a lot of money, like big-time litigators. In ranking the top 25 professions, from the lowest to highest divorce rates, the legal industry comes in at number 10 with a 35% divorce rate. Intuition tells us there are likely different rates for different practice types, but we could not find relevant surveys . But you don't need stats to imagine what it's like when one lawyer divorces another. (Note: Attorneys do, however, suffer very high rates of alcoholism and depression, and the ABA offers a directory of resources.) For insights into high-asset divorces, listen to my interview with Robert D. Boyd and Kimberli C. Withrow of Boyd Collar Nolen Tuggle & Roddenbery. | |||
| 04 Jun 2022 | Antiracism and Antitrust with Eric Cramer | 00:34:57 | |
Among the legal and regulatory avenues one might follow to mitigate the impact of racism, most of us would look to various manifestations of discrimination law in employment, lending, real estate, education, healthcare, voting rights, and other categories. When presented in those contexts, the anti-racism objectives are clear. | |||
| 27 Jun 2022 | Under Pressure: How's the Integrity of Your Supply Chain? -- with Dan Mogin and Travis Miller | 01:36:22 | |
In this episode we discuss reducing corporate risk caused by laxity, inattention, misconduct, unethical behavior, or even illegal activities by people and organizations in your supply chain. Often these things are what happen when people are under pressure. They may feel pressure to bend rules to hit sales targets, or they feel significant competitive pressure. Shareholders demand a return on investments which puts pressure on chief executives who pass the pressure down the line. Pressure builds when budgets are cut and fewer resources are available to maintain the necessary vigilance to remain compliant with often complex and changing regulations. Or, pressure comes from within, from the pressure of simple greed behind conspiracies to control markets at the expense of smaller competitors, consumers, workers, innovation, and the health of the market itself. Our guests also talk about these issues in the context of new pressures on corporations to demonstrate they are being responsible global citizens by implementing Environmental, Social and Governance (ESG) programs. This means making business decisions not solely on the profit potential, but on what harm or good these decisions may cause. We look at these issues through two lenses. One lens is that of a professional operating inside a company to ensure the integrity of its supply chain. The other lens is that of a professional who advises companies on legal and business issues across markets. Travis Miller, General Counsel at Assent Compliance Inc. and Director of Assent Compliance USA. Travis is author of Supply Chain Compliance Laws and Regulations, published by the American Bar Association. He has implemented software enabled supply chain risk management programs for more than 600 world’s largest manufacturers. Assent is the leader in supply chain sustainability management solutions. Dan Mogin is co-founding and managing partner of MoginRubin LLP, a leading boutique law firm that focuses on antitrust law and other complex business disputes. A true thought leader in the field, Dan has served as lead counsel in numerous large antitrust cases, chaired the Antitrust Section of the California Bar, taught antitrust law, and was editor-in-chief of a leading competition law treatise. | |||
| 14 Jul 2022 | Attorney Fees and Settlement Funds with Sam Dolce | 00:28:27 | |
When a contingency fee case reaches a verdict or settlement, it’s a big day for a plaintiff attorney. You have worked hard and shouldered litigation costs -- often for years without compensation -- to achieve the best outcome for your client. In this episode I get to speak with a financial management professional who specializes in advising trial attorneys how they can take full advantage of attorney fee structures. The concept of fee deferral arrangements may be familiar to you, but the landscape continues to evolve. My guest is Sam Dolce, an attorney with Milestone, a financial firm that optimizes settlement funds for trial attorneys and plaintiffs. Sam consults with legal professionals about about Qualified Settlement Funds, fee deferrals, and settlement planning. Sam received his B.A. from Macalester College and his J.D. from SUNY Buffalo Law School. Thanks to Sam for sharing his insights. | |||
| 27 Jul 2022 | The Role of Litigation in Advocating for Gun Safety with Adam Skaggs | 00:33:03 | |
We’re closing in on 400 million guns in America, weapons that have been used to kill 1.5 million Americans between 1968 and 2017. In 2020 alone there were more than 45,000 gun deaths. The beyond tragic and senseless mass shootings at schools has become all too routine. Most Americans want stricter gun laws which they believe will reduce the senseless killing in our country, which leads the world in both the number of privately owned firearms and gun-related deaths. This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. | |||
| 22 Aug 2022 | The Role of Litigation and Regulation in Making the Web More Accessible with Guests Ken Nakata and Hiram Kuykendall | 01:00:19 | |
According to the International Agency for the Prevention of Blindness there are 43 million people around the world living with blindness, and 300 million living with moderate to severe visual impairment. Put those statistics next to these: There are nearly 2 billion websites, and 550,000 created every day. Ken Nakata is Co-Founder and Principal at Converge Accessibility, whose solutions help make sure websites and other technologies are accessible to people with disabilities. Ken is former Senior Trial Attorney with the DOJ Disability Rights Section where he developed nationwide ADA policies for the internet. He is a recipient of the Attorney General's Award for Excellence in Information Technology. He served as lead counsel for the interagency working group, making the federal government's information technology accessible. He is founding and former board member of the International Association of Accessibility Professionals and serves on their certification committee. Ken is passionate about the need for regulations to ensure greater accessibility to the internet for all people. You can read his latest post on the subject at the Converge Accessibility Blog. Joining Ken is Hiram Kuykendall, Chief Technology Officer at Microassist, an Austin-based learning and development consulting. Hiram is a technical leader with hands-on experience in instructional design and digital accessibility. He has more than 25 years’ experience developing and managing custom applications on a variety of platforms and public and private sectors, supporting training and training related services. Hiram is also a frequent contributor to LexisNexis Mealey’s Litigation Report: CyberTech and E-Commerce, which I launched when I was publisher there a thousand years ago. Hiram is passionate about promoting accessible technologies in the field of fields of e-learning and web and application development. | |||
| 03 Sep 2022 | Covid Insurance Coverage Decisions with Guest Marshall Gilinsky. Are Policyholders Catching Up? | 00:40:30 | |
According to the online Covid Coverage Litigation Tracker (CCLT) run by Penn Law there have been more than 2,300 insurance coverage cases filed over denial of claims relating to Covid-19. Restaurants and bars were hardest hit by the pandemic and so led the way in seeking – and being denied – coverage, too. They are also leading the way in suing their insurers. The top five insurers in the defense position are Chubb Limited at #5, then #4 Lloyds of London, #3 Cincinnati Financial, and #2 Zurich. And in the #1 position facing the most coverage suits is Hartford. The insurance industry started off strong when this litigation began, winning the vast majority of the coverage suits. And they continue to do well, scoring with the argument that many of the claims do not involve actual property damage. Government closures don’t cause property damage, they argue. Courts have largely been siding with the carriers – but not all. Policyholders, a tenacious bunch, appear to be chipping away at the body of law in this suddenly expanding category. A recent case involving a New Orleans restaurant against Lloyd’s was penciled into the win column for carriers by a trial court , but an appeals court erased it and wrote the policyholder a narrow 3-2 victory. The appeals court said the language of the policy was ambiguous, and therefore had to be construed in favor of the restaurant. What's it mean? Does this bode well for policyholders? Or can we expect to see, as we did in previous coverage wars, a mixed bag of decisions across the nation? For more on that case and today’s Covid coverage landscape, listen to my interview with Marshall Gilinsky, a shareholder in the New York office of Anderson Kill. Marshall has represented policyholders of various policy types for two decades, including those seeking coverage in the aftermath of the 9/11 attacks, Hurricane Katrina, and Superstorm Sandy. Thanks to Marshall for sharing his insights. This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. | |||
| 03 Oct 2022 | Technology Ethics for Lawyers with Daniel Gold | 00:40:59 | |
Attorneys are increasingly required to demonstrate technological proficiency in addition to remaining current on the law and legal practice. It’s not just a skill requirement but an ethical one, too, as states continue to adopt new rules. The challenge for attorneys, judges, and the rule makers is that technology is generally evolving faster than they can keep up. This creates grey areas and blind spots that pose risks to busy litigators with already full plates and hectic schedules. | |||
| 17 Oct 2022 | Medical Monitoring for Modern Times with Ed Gentle | 00:30:36 | |
Marissa, a resident of a small town in Kentucky, learned that for some time her drinking water may have been contaminated with so-called "forever chemicals" or PFAS. It's really a collection of chemicals used in products like fire-suppression foam, cookware, stain-resistant sprays, and food packaging. A local public radio reporter covering the story asked Marissa for her reaction. "I was never informed," she said. "And now I'm worried, like, I hope I don't have issues some day in my life." | |||
| 01 Nov 2022 | PFAS Consumer Fraud Litigation with John Gardella | 00:27:22 | |
These stubborn chemicals are everywhere. But when they find their way into products, shouldn't someone tell consumers? Listen to my interview with environmental lawyer John Gardella of CMBG3 Law who discusses why PFAS concern citizens, media and legislators, what legal risks corporations face, and why we're seeing a surge in consumer fraud litigation. | |||
| 02 Jan 2023 | Under Pressure: Courts and Lawyers Trying to Deal With It with Diana Manning | 00:30:53 | |
The pressure on trial lawyers, judges, plaintiffs, defendants, and court systems is only increasing. Take New Jersey as an example, where the backlog of cases nearly quadrupled in a year between February 2020 and 2021, the first year of the pandemic, according to NJ Spotlight News (NJSN). The state is also facing a historic shortage of jurists, “leading to overworked judges, huge case backlogs and nearly 7,000 defendants in jail without bail, some 500 of them for more than two years despite a law that essentially requires a trial within two years for anyone detained,” NJSN reported. One court official told the state Assembly Budget Committee about the impact the pandemic had on the court system. “Buildings were closed to most in-person trials for more than a year, although other proceedings continued virtually. The business closures and high unemployment led to a housing crisis that resulted in more than 46,000 pending cases that involve landlord-tenant issues,” NJSN reported. “But with all courts open and staff back to work in person, it is impossible to eliminate the backlog of cases with so many open judge seats.” The problem is attributed to the state Senate, where the process is mired, even though the governor is making appointments. According to the National Counsel for State Courts, backlogs at one third of U.S. courts increased by 5%. It would have been worse had courts not held virtual hearings. Using the Court Statistic Project database, the numbers reveal in stark terms the impact the pandemic had in the year it came to America. Dispositions dropped from 43M in 2019 to 28M in 2020. Bench trials fell from 3M in 2019 to under 2M in 2020. Jury trials plummeted from 49K in 2019 to less than 19K in 2020. The Washington Post reported that the Pennsylvania Supreme Court declared a judicial emergency and extended deadlines. Virginia’s Supreme Court suspended nonessential proceedings. The Iowa Supreme Court pushed back criminal trials and the Alabama’s Supreme Court suspended in-person proceedings. New Jersey Supreme Court Chief Justice Stuart Rabner warned that the judicial shortage “comes with a price.” Listen to my interview with Diana C. Manning, Managing Principal, Bressler, Amery & Ross, P.C., for the fallout from the judicial shortage and swelling case backlogs, and what needs to be done to dig out. An experienced and award winning complex commercial litigator, Diana is co-chair of the firm’s business and commercial litigation practice group. She received her J.D. from Rutgers University School of Law. | |||
| 22 Nov 2022 | Data-Driven Legal Guidance with Ed Walters | 00:44:07 | |
In this episode we talk about the weather. But only for a minute. Mostly we’re going to talk about the use of big data in the practice of law. While we all crave meteorological precision, we also crave precision when making legal and business decisions. Clients ask questions like these all the time: What is our case worth? What size award will we get? Where should I file? Will the judge grant summary judgment? Should I even bring this suit? Lawyers will draw on experience to offer their best advice, providing ranges followed by caveats and usually preceded by the most lawyerly of lawyer answers: “It depends.” As my guest points out, lawyers also get business-related questions. Business-related answers may begin with "it depends," but must end with a number. When a CEO asks how much revenue your project will generate, "more" is not the answer they're looking for. I know. I've tried. Lawyers who seek greater precision in their predictions can take comfort in the increasing sophistication of analytical tools that can evaluate massive troves of data and account for myriad variables. Not only are we seeing advances in machine learning, artificial intelligence, and language processing, but there is greater access to important litigation-related data – BIG DATA – than ever before. Using new technologies to comb through millions of records – combined with an attorney’s insights – cannot only sharpen their predictive capabilities, but it can help them build, defend, and resolve cases. For insights on the past, present and future of legal guidance and analysis, listen to my interview with Ed Walters, co-founder and CEO of our partners on this podcast, Fastcase, the legal research and software company whose divisions include Fastcase Full Court Press (publishing), Law Street Media (legal news), Docket Alarm (docket tools), and NextChapter (software). An entrepreneur, writer and professor, Ed brings his experience advising global Fortune 500 tech and pharma companies and sports leagues, serving in the White House on media affairs and speechwriting, and contributing to several major newspapers and journals. Ed is an adjunct law professor at Georgetown and Cornell universities. He is also a self-described "weather nerd," which explains my tortured introduction. This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. | |||
| 16 Dec 2022 | First Bubble Wrap all the Lawyers with Tara Trask and Jason Flom | 00:51:22 | |
If you're feeling bad about being a lawyer, or just maybe tingling with the holiday spirit of giving back, this episode is for you. Listen to three professionals (well, maybe two "professionals") who deeply admire for the legal profession, the important role attorneys play in society, and all the potential they have to make the world a better place. | |||
| 11 Jan 2023 | Greatly Exaggerated: The Impact of Bankruptcy on Mass Torts with Jennifer Hoekstra | 00:37:43 | |
When large companies face massive mass tort litigation, one way they can survive is to file for bankruptcy protection and reorganize. 3M recently put its Aearo Technologies subsidiary into bankruptcy in the face of more than 230,000 claims that's its defective earplugs caused hearing loss. When it came to filing bankruptcy 3M said Aearo was solely responsible for the product. But for several years of litigation 3M argued that it, as the parent, was solely responsible, not its various subsidiaries. That was a strategy that was beneficial to the company in multidistrict litigation.
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| 25 Jan 2023 | Modernizing Our Court System (but Don't Attend Trial from Your Car) with Hon. Scott Schlegel | 00:32:54 | |
The judicial system is overburdened for a number of reasons, and greater efficiency is a must if court systems are to achieve their important objectives. Technology and openness to all that it offers is a key solution, something that was tried, tested and proven during the Covid pandemic which closed courthouses and law offices around the nation. Listen to my interview with the Hon. Scott Schlegel who presides over criminal civil and domestic matters in Louisiana's 24th Judicial District Court in Jefferson Parish. Judge Schlegel was elected to the bench in 2013, and quickly earned a reputation as a modern judge using technology to bring his court into the digital age, even before the pandemic forced the change on other jurists. He partnered with tech companies to develop efficiency tools like chat bots and online forms software. He launched courtonline.us and onlinejudge.us to consolidate his processes for the public. Judge Schlegel has received numerous awards and accolades, like the National Center for State Courts' 26th Annual William H. Rehnquist Award for Judicial Excellence. He was the American Bar Association's 2021 Legal Rebel. And he received the Fastcase 50 Award for his innovative approaches to the administration of justice. Prior to becoming a judge, he was a prosecutor and litigator. Judge Schlegel graduated with honors from Loyola University New Orleans College of Law. | |||
| 07 Feb 2023 | Government Involvement in Medical Decisions During Outbreaks with Bryce McColskey and Sandra Cianflone | 00:28:55 | |
It's apparently (and hopefully) on its last legs. The Covid-19 pandemic was the most recent health issue to raise questions around government’s involvement (or interference) in an individual’s control over their own medical treatment. How much authority do government agencies or even the courts have over a person’s healthcare decisions? People often assume the practice of medicine and the enactment and enforcement of laws are separate and independent enterprises; that they remain fixed in their respective corners. However, they wrote, after a deeper dive into history and precedent, it’s evident that the tension between individual rights and health-related mandates has existed for some time. Listen to my interview with the authors, Bryce McCloskey and Sandra M. Cianflone with Hall Booth Smith, P.C. Bryce is based in Jacksonville, Fla., where he focuses on medical malpractice and professional liability law. Sandie is a partner in the firm’s Atlanta office where she concentrates on a variety of aspects of healthcare defense She chairs the firm’s Coronavirus Task Force and is a member of the firm's National Trial Counsel team. She is also a valued member of the Editorial Board of Advisors of the Journal on Emerging Issues in Litigation. | |||
| 11 Feb 2023 | Reimagining the Administration of Justice with Qudsiya Naqui of Pew Charitable Trust | 00:26:03 | |
Before COVID-19 came to America in early 2020, “going to court” literally meant putting on your shoes and walking into a courthouse, typically a large building with courtrooms inside, and people in robes and business suits and, in some cases, more restrictive attire. | |||
| 19 Apr 2023 | Persuasion as Direct and Honest Advocacy with Jack Siegal | 01:14:05 | |
According to studies cited in a 2019 article in Business Insider, people develop first impressions of you “even before you open your mouth,” that your mere appearance “affects how trustworthy, promiscuous, and powerful people think you are.” Jack is a seasoned trial lawyer with 20 years of experience in complex litigation, during which time he has taken cases to trial in several jurisdictions. He also provides transactional counseling for such things as executive comp agreements and mergers. Jack’s litigation practice focuses on complex commercial disputes, government investigations and white-collar defense, regulatory proceedings, and compliance across a wide range of industries, including the financial, healthcare, high-technology, government contracting, and related fields. Education: Santa Clara University School of Law, J.D., magna cum laude; Santa Clara University, B.A., Greek and Latin, magna cum laude, Phi Beta Kappa; University of Virginia, Graduate Study, Classics and Classical Languages, Literature, and Linguistics. | |||
| 17 Feb 2023 | The New European Unified Patent Court with Marianne Schaffner and Thierry Lautier | 00:34:29 | |
The European Union’s new Unified Patent Court is an international body set up by participating EU Member States to deal with the infringement and validity of both Unitary Patents and European patents. The court's objective is “putting an end to costly parallel litigation and enhancing legal certainty.” | |||
| 13 Mar 2023 | The Cannabis Employment Law Patchwork with Keya Denner | 00:58:57 | |
Maryland and Missouri are the latest states to legalize recreational cannabis for people 21 and older. Voters came out in favor of legalization in the November 2022 midterms, bringing the total recreational jurisdictions to 22 states and the District of Columbia. Voters in North Dakota, South Dakota, and Arkansas, however, decided against recreational marijuana. It remains legal for medical reasons in all five states. In the employment context, both recreational and medicinal uses raise questions about protections for employees who use the drug legally.
For answers to these questions and more, listen to my interview with Keya Denner, a partner at Constangy, Brooks, Smith & Prophete LLP. Keya is an experienced litigator who has been practicing labor and employment law for almost 20 years. Few attorneys nationwide match Keya’s expertise in the area of legal cannabis and its impact on the workplace. He has counseled Fortune 500 companies in the retail, hospitality, and global logistics spaces to create compliant policies and better understand the ever-changing legal landscape brought about by the legalization of cannabis across the United States. Most recently, Keya was named co-chair along with this colleague Ashley Orler of the firm’s new practice group focused on cannabis and employee substance abuse law. Keya received his J.D., cum laude, from Seton Hall University School of Law, J.D., cum laude, and his B.A., also cum laude, from Boston University. | |||
| 05 Apr 2023 | Electronic Fund Transfer Fraud with Brad Rustin | 00:22:28 | |
It’s unlikely Sen. Elizabeth Warren has a future in copywriting for the fintech industry. (That was sarcasm.) Warren, who championed the creation of Consumer Financial Protection Bureau (CFPB), calls the Zelle digital payments network a “preferred tool for grifters like romance scammers, cryptocurrency con artists, and those who prowl social media sites advertising concert tickets and purebred puppies — only to disappear with buyers’ cash after they pay.” Scams and fraud committed via the Zelle platform and other peer-to-peer services are surging. According to one lawsuit 18 million Americans were defrauded by schemes perpetrated via apps like Zelle in 2020. Some 1,500 member banks and credit unions participate in the Zelle service. People sent $490 billion via the app in 2021. But Zelle owner, Early Warning, and its consortium comprising Bank of America, Truist, Capital One, JPMorgan Chase, PNC Bank, U.S. Bank, and Wells Fargo, have refused to refund customers for most of their losses. Sen. Warren issued a report that the claims for fraud received by just four banks will likely exceed $255 million by the end of 2022 – a $165 million increase over 2020. The senator and consumers say Zelle is violating federal consumer protection law. The heart of the problem is this: banks and consumers do not agree on the definition of “fraud.” For clarity on issues surrounding the Electronic Fund Transfer Act (EFTA) and its implementing regulation—Regulation E—listen to my interview with fintech attorney Brad Rustin of Nelson Mullins. In addition to chairing the firm’s Financial Services Regulatory Practice, Brad counsels financial institutions in regulatory matters, including strategic agreements, product development, and operational compliance. Brad is a Certified Anti-Money Laundering Specialist and a Certified Regulatory Compliance Manager. He received his JD, magna cum laude, from the University of South Carolina School of Law and his BA in Political Science and History, cum laude, from Furman University. Brad is also the FinTech advisor on the Editorial Advisory Board of the Journal on Emerging Issues in Litigation. ******* This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast Home Page | |||
| 19 Apr 2023 | Intellectual Property Trial Team Diversity with Tara Trask | 00:30:32 | |
Diversity and inclusion initiatives aren’t just valuable for checking off compliance boxes and writing marketing copy. Those benefits are a distant second and third to the genuine value team diversity has on the success of a company or a project. That also means law firms and trials. A recent article published by the American Bar Association Tort and Insurance Practice Section hailed diversity of perspectives for how they improve a team’s ability to resolve legal issues, innovate solutions, and introduce factors homogeneous teams may miss. The National Association for Law Placement reported that women and people of color are making great progress at major law firms. Nearly half of associates are women and, based on summer associate statistics, women are expected to break the 50% as early as this year or next. Black associates made impressive gains, but there remains room for improvement. At the partner level, however, Black and Latinx women and men remain stuck in the low single digits. In this episode we drill down even further to examine trial teams in the intellectual property arena. I was thrilled to speak with Tara Trask, one of the nation’s leading experts on IP trials and juries, having directly worked on or observed more of these proceedings than just about anyone. Tara has championed research on this topic as part of her work and presentations for the American Intellectual Property Law Association. The diversity spark lit up for Tara when she and her panelists enjoyed an enthusiastic reaction to an AIPLA conference session she moderated titled, “Perspectives on Diversity: Views on Trial Teams From the Bench, The Boardroom, and the Jury Box.” Listen to Tara’s insights based on analysis of her own cases, analysis of related studies, and expanded fact-gathering she is leading in collaboration with the association. BREAKING NEWS! This episode kicks off a series of guest-hosted sessions for which Tara will take the mic to interview professionals from her impressive network on legal team diverity. Tara Trask is the President of Trask Consulting, a boutique litigation strategy, jury research, and trial consulting firm with offices in San Francisco, Houston, and New York. She focuses on civil litigation with an emphasis on complex commercial litigation, including intellectual property, antitrust, securities, breach of contract, and fraud. She has assisted both plaintiffs and defendants in cases involving products liability, insurance, and oil and gas. Tara has extensive experience in assisting institutions and individuals in matters involving regulatory enforcement and white-collar defense, as well. She has been involved in more than 500 jury trials. This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. P.S. Also, check out the video version of this episode. [insert hyperlink] | |||
| 16 May 2023 | Hair Relaxer Injury Litigation with Jennifer Hoekstra | 00:29:37 | |
Last year the Aylstock, Witkin, Kreis & Overholtz law firm filed the first class action against L’Oréal and Softsheen-Carson for injuries, primarily to Black women, allegedly caused by hair relaxers and straighteners. Now there are more than 60 cases consolidated in multidistrict litigation. | |||
| 30 May 2023 | The Value of Law Firm Technology Directors with Sam McAllister | 00:17:13 | |
In this episode we talk about the advantages of having technology and software development capabilities inside your law firm. Can you imagine? And we’re not just talking about someone who is adept at unjamming the printer. While the legal tech industry offers myriad high-quality solutions (some of my best friends are technology solutions), there are times when a litigator just wants that one thing that the tech doesn’t do. Or, working with the tech has such a long learning curve that the attorney won’t embrace it, that is, if he or she even tries it. I hope you enjoy the episode. If so, give us a rating! | |||
| 05 Jun 2023 | Pixel Litigation Tests Old Privacy Law featuring Myriah Jaworski | 00:42:42 | |
Consumers are driving a wave of litigation against companies for allegedly sharing details of what videos they watch on their platforms.
Dozens of organizations -- ranging from the rough-and-tumble NFL to the decidedly less rough-and-tumble NPR -- are among the defendants in nearly 50 proposed class actions which claim Meta Platforms Inc.'s pixel tracking tool facilitated the sharing of personal video consumption data and identities from online platforms to Facebook without user consent. This, the plaintiffs say, violates the federal Video Privacy Protection Act (VPAA) of 1988. Myriah represents clients in defense of data breach class actions, privacy torts and statutory claims (IRPA/BIPA), pixel tacking and commercial surveillance matters, internet defamation, technology disputes, and cyber subrogation claims. She defends them in response to regulatory inquiries and investigations arising out of data incidents and privacy practices, including before state Attorney General offices, the Federal Trade Commission and the Department of Human and Health Services – Office of Civil Rights. Myriah is a Certified Information Privacy Professional, United States (CIPP/US) and a Certified Information Privacy Professional, Europe (CIPP/E) as certified by the International Association of Privacy Professionals. She was also a Trial Attorney with the Department of Justice. She received her JD/MS degree from Syracuse University College of Law. And now, I am happy to say, she is a member of the Editorial Advisory Board for the Journal on Emerging Issues in Litigation. | |||
| 28 Jun 2023 | The Plight of the Indirect Purchaser with Austin Cohen | 00:29:38 | |
You might think that if you purchase a product for a price inflated by bad actors in the supply chain that you would be able to collect damages. Unfortunately, depending on who you are, you would be wrong. For answers to these questions and more, listen to my interview with attorney Austin Cohen of Levin Sedran & Berman LLP of Philadelphia. His practice focuses on antitrust and business law, class actions, torts and products liability, and environmental damage litigation. Austin received a BA in Economics and History from the University of Pennsylvania and his JD, cum laude, from the University of Pittsburgh School of Law. | |||
| 15 Jul 2023 | The Light and Dark Sides of Auto-GPT with Jason Epstein | 01:05:59 | |
Auto-GPT is a new generative artificial intelligence application which autonomously “self-prompts” to engage beyond a human-chatbot discussion. | |||
| 16 Jul 2023 | Clearing the Hurdles in International Discovery with Ben Daniels | 00:37:03 | |
There are no borders when it comes to commerce, which means there are no borders when it comes to business disputes and litigation, either. Listen to my interview with Benjamin Daniels of Robinson+Cole, an experienced litigator and advisor to financial institutions and global corporations. As a member of the firm's Business Litigation Group, Ben provides creative and ardent advocacy during litigation, enforcement actions, investigations, crisis management, and white-collar defense matters. He received his J.D. from Washington University School of Law in St. Louis. Also, and this is important, Ben had very nice things to say about Switzerland. | |||
| 18 Aug 2023 | The IRS and Rules About Rules with Jeff Luechtefeld | 00:28:27 | |
The IRS closed more than 72,000 appeals last year and its Chief Counsel's Office received more than 65,000 cases. That's a lot of disputes. Safe to say they are about rules. Following rules. Not following rules. Questioning rules. Then, there are rules about rules that the IRS must follow. Jeff is a tax controversy and litigation attorney with a strong technical tax background and a deep understanding of the inner workings of the agency. Jeff advocates on behalf of clients in IRS examinations, appeals and litigation. Previously, he led the regional tax controversy practice for a Big Four accounting firm. He began his career with the IRS Office of Chief Counsel as a litigator, eventually becoming a Special Trial Attorney in the Large Business and International Division. Jeff received his JD from the University of Missouri, Columbia School of Law. | |||
| 24 Aug 2023 | FTC's Proposed Non-Compete Ban with Andreya DiMarco | 00:26:17 | |
The Federal Trade Commission’s proposed rule banning non-compete agreements between employers and workers has met with considerable support and just as much opposition. Proposed on Jan. 5, 2023, a vote on a final rule not anticipated until Spring 2024. Listen to my interview with Andreya DiMarco, attorney with the Hatfield Schwartz Law Group LLC, as we explore the nuances of the proposed rule as well as the legal and practical impact it will have if it is adopted. I hope you enjoy the episode. If so, give us a rating!
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| 24 Aug 2023 | Manufacturing Supply Chain Investigation Risks with Jennifer M. Driscoll | 00:30:18 | |
Challenged by the pandemic, war, trade conflicts, natural disasters, consumer demand, and inflationary pressures, the global supply chain has drawn heightened scrutiny for its impact on the economy, the labor market, the delivery of goods and services, and national security. What have the U.S. Department of Justice and Federal Trade Commission had to say? Have they sufficiently addressed the issue? Any further measures in the works? Are we seeing disputes in the courts? How can supply chain and manufacturing companies limit their risk of being subject to government investigation? Listen to my interview with Jennifer M. Driscoll, Counsel at Robinson + Cole, LLP, as we explore recent developments related to the manufacturing industry and supply chains and their impact on marketplace competition. Jennifer focuses her practice on investigations, litigation, arbitration, mergers, and counseling. She has extensive experience in the medical devices, pharmaceutical, electronic components and automotive industries, with a particular knowledge of industries in Japan. An experienced commercial litigator, Jen defends corporations and individuals against alleged antitrust and anti-corruption claims, both civil and criminal. She is active in the American Bar Association’s Section of Antitrust Law, where she serves as Vice Chair of the Section’s Corporate Counseling Committee and Vice Chair to the Section’s U.S. Comments and Policy Committee during the 2022-2023 Section year. Jennifer received her J.D. from University of Pennsylvania School of Law. | |||
| 06 Sep 2023 | Natural Gas Bans, Bans on Bans, and the Ninth Circuit with Gary Toman | 00:26:55 | |
The Ninth Circuit Court of Appeals recently struck down Berkeley, California's ban on natural gas infrastructure in new buildings. The court ruled unanimously that the ban violates federal law. This subject is important as we will likely see more natural gas bans in the future and the Berkeley case has set a precedent for how similar cases may be treated. Listen to my interview with Gary Toman, Partner at Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, as we discuss this seminal case and the impact of the court’s ruling on consumers and businesses across the country. Gary has extensive experience representing corporations, banks and professionals in complex litigation and arbitration matters and business disputes. Gary has substantial experience defending corporations in a wide variety of class actions. Gary received his J.D. from Harvard Law School. | |||
| 02 Oct 2023 | ESG Programs and the Lawyer's Role with Kai Gray | 00:41:51 | |
What’s gotten into some corporations these days?
Listen to my interview with Kai Gray, CEO and co-founder of Motive, an ESG advisory and support service firm, as we explore what ESG is, what it is not, what good it can bring to an organization, and where attorneys fit in. Kai generously offers his perspective based on more than two decades of work at some of the most innovative companies in the U.S. | |||
| 23 Oct 2023 | Fresh Produce Law, Contracts, and Risks with Katy Esquivel | 00:34:42 | |
According to the Department of Agriculture Americans consume 137 pounds of fresh produce per year. That not only fuels our bodies but also a $146 billion industry. Produce starts to degrade immediately after harvest, so transporting fresh fruits and vegetables from farms to stores in a safe and timely manner poses numerous challenges. | |||
| 31 Oct 2023 | PFAS Regulation, Litigation, and Differentiation with David Marmins and Morgan Harrison | 00:59:33 | |
The PFAS family of man-made compounds are found in countless consumer products, as well as medical devices and firefighting foam. The incredibly strong carbon-fluorine bond that make PFAS so useful also makes them incredibly persistent. They are so ubiquitous that PFAS can be found in the blood of every human on earth and rainwater throughout the world. In this episode we are going to give you some history of the compounds, discuss some important differences, review what litigation we're seeing (including the various claims and defenses), note what we can learn from recent settlement structures, forecast the impact of any new regulation, and predict what litigation might be next.
Morgan E. M. Harrison, partner, in AGG’s litigation and dispute resolution and employment practices. She is also a member of the payments systems and fintech, and background-screening industry teams. Morgan has a JD from Vanderbilt University Law School. | |||
| 08 Nov 2023 | Applying Business Strategy to Your Law Firm with James Grant | 00:40:12 | |
This isn’t going to be another theoretical sermon on the business of law, but how two partners – with the help of a business expert – re-envisioned their practice, throwing out traditional models and transforming their firm into something unique.
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| 30 Nov 2023 | The Awesome Potential of Advanced Dispute Resolution with Rich Lee | 00:35:45 | |
Annual U.S. litigation cost estimates vary wildly. Some say $250 billion, others say $430 billion. When you consider indirect costs, such as lost productivity or economic damages, some put the costs as high as $1.5 trillion. Alternative Dispute Resolution (ADR) is increasingly attractive. Its benefits were on full display during Covid lockdowns. It’s more convenient for almost everyone involved, especially in cross-country or cross-border disputes. More ADR is moving from mediation to arbitration partly because of the perceived finality of going to a panel. The American Arbitration Association says there were 25,000 ADR cases filed in 2020. Meanwhile, there are more than 400,000 federal suits and as many as 60 million state suits filed each year. | |||
| 18 Dec 2023 | Machines Inventing Machines: Artificial Intelligence and Patent Law with Robert A. McFarlane | 00:41:47 | |
In this episode we talk about artificial intelligence in the world of invention. My guest recently co-wrote an article for the Journal of Robotics, Artificial Intelligence & Law about a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings -- not machines -- can be named as inventors under U.S. patent law. The decision applies a straightforward interpretation of patent statutes, our guest says. Joining me to answer these questions is Robert A. McFarlane, an intellectual property litigator and registered patent attorney and partner with Hanson Bridgett LLP in San Francisco. Rob chairs the firm’s technology practice, co-chairs its IP practice, litigates and advises on a variety of IP matters in the U.S. and abroad, and teaches patent law at the University of California College of the Law San Francisco (formerly Hastings College of the Law). Rob earned his J.D. from the University of California College of Law San Francisco and his B.A.S. with departmental honors, in Industrial Engineering & Political Science from Stanford University. I hope you enjoy the episode. I mean, we get to talk about everything from Tom Jefferson to monkeys with cameras. That's five-star material right there! | |||
| 17 Jan 2024 | Massive Mass Tort Settlements and Liability Forecasting with Mark Eveland and Ed Silverman | 00:30:36 | |
Today we talk about liability forecasting and the role it plays in the administration of massive, sometimes multi-billion-dollar mass tort settlement trusts. These mechanisms were built to fairly and judiciously compensate current and future claimants for their injuries. Mass tort litigation is a complicated beast as is the administration of these trusts. There are many overlapping, interlocking, intersecting, and dynamic layers involved with people, companies, diseases, certain financial externalities, and "black swans" that complicate the oversight of settlement funds. Listen to my conversation with Mark Eveland and Ed Silverman, both with Verus LLC, which provides litigation support services to law firms working on mass torts, such as case management and medical review services, settlement administration, business and advisory services, and analytics. They explain that liability forecasting is a practice best understood through the three areas it analyzes: (i) the risks and injuries created by a product and its use, (ii) claims filed and approved, and (iii) finances. Liability forecasting is both a science and an art, they say, with plenty of risks.
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| 11 Feb 2024 | “Litigators, YES Litigators: One Attorney's Journey Within and Without the Legal Industry” with Somya Kaushik | 00:35:12 | |
Litigators who do other things besides litigate -- you know them. The point is: Litigators do many things. One job closer to home is when he or she moves from private practice to a corporate legal department. But what about when the company is on the smaller size, with a modest legal department whose members are expected to handle an assortment of matters? Hiring is an important decision for any company, but when it’s a smaller organization selecting in-house counsel is arguably even more critical. When companies like this aren’t engaged in litigation, one might think a litigator wouldn’t be the first choice. In this episode we talk about all the things one litigator has done, and the advantages she feels a litigator can bring to a small company – one that isn’t embroiled in litigation and would like to keep it that way. She is Somya Kaushik, in-house counsel, entrepreneur, adjunct law professor, writer, leader, a children’s book author (“You, YES You! Yolki's Journey Within," illustrated by Annie Hagy* and available on Amazon and other fine platforms), and a former litigator. She is senior corporate counsel for Mineral, an HR and corporate compliance company which was recently acquired by Miratech, a tech solutions company for legal, HR, and governance, risk and compliance. Before Mineral she was an intellectual property litigator representing large and small companies, including SaaS and tech firms. In 2013 she founded EsqMe, Inc., a sharing platform where lawyers can exchange legal documents, templates, motions, and forms, where she served as general counsel. She is also an adjunct professor at Lewis & Clark Law School. Now located in Chicago, for nearly five years Somya was president of the South Asian Bar Association of Oregon. Somya is on the Fastcase 50 list honoring innovators and leaders in the legal industry. Education: New York Law School, J.D.; George Washington University, B.A., Psychology and Political Science; London School of Economics; and Harvard Business School.
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| 17 Feb 2024 | The Corporate Transparency Act: A New Attempt to Fight Money Laundering with Lori Smith | 00:30:44 | |
Laundering money generated in the drug trade. The United Nations Office on Drugs and Crime estimates that between $800 billion to $2 trillion is laundered annually. Laundering money intended to support terrorism. The International Monetary Fund is concerned about terrorism financing, and proliferation financing, providing funds for nuclear, chemical, or biological weapons. Money that is embezzled or other schemes also must be laundered, that is, if you're a criminal or criminal enterprise. As of Jan. 1, 2024, domestic and foreign entities registered to do business in the United States must comply with new “beneficial ownership reporting requirements” imposed under the Corporate Transparency Act. | |||
| 02 Mar 2024 | The Intersection of Generative AI and the Legal Profession with Niki Black | 00:29:50 | |
Surveys abound on artificial intelligence and the law – many of them by companies bringing the technology into their products for attorneys.
In an article she wrote for Above the Law, you’re going to hear even more about generative artificial intelligence in the coming months, “especially” she says, “as legal technology companies ramp up their generative ai releases.” She forecasts “a rapid, exponential uptick in the number of new GAI tools for legal professionals.” And, as she reminded me, litigators have an ethical duty of technology competence. Nicole "Niki" Black is a Rochester, New York-based attorney, author and journalist, and is senior director of subject matter expertise and external education at MyCase, a company that offers legal practice management software for small firms. She is the nationally recognized author of cloud computing for lawyers and is co-author of social media for lawyers: the next frontier, both published by the American Bar Association. She writes regular columns for abajournal.com and Above the Law; has authored hundreds of articles for other publications; and regularly speaks at conferences regarding the intersection of law and emerging technologies. Nicole earned her J.D. from Albany Law School. Listen as I interview, first, Google Gemini fka Bard, for fun, then our real-life human attorney guest, about the current state and future of generative artificial intelligence and the practice of law. | |||
| 13 Mar 2024 | Transforming Legal Workflows with AI: Sara Lord Interviews Tara Emory and Wilzette Louis | 00:32:06 | |
“Of all the opportunities legal operations teams might identify to save time, money, and resources while potentially improving quality, Robotic Process Automation may currently offer the biggest and most immediate opportunities.” That is from the forthcoming book, "Legal Operations in the Age of AI and Data," specifically the “Automation in Legal Departments” chapter written by Tara Emory, Wilzette Louis and Adam Poeppelmeier of Redgrave Data, and Kassie Burns of King & Spalding. (Available for pre-order now from Globe Law & Business.) Automating repetitive tasks and workflows required to effectively advance litigation frees litigators and support teams to focus on “strategic, analytical, and high-value work,” say the authors. Boosted by AI technology, like natural language processing, these tools can conduct data extraction and analysis from volumes of documents, create new documents, summarize documents, or initiate document drafting. How can litigators best leverage these capabilities? Listen as our first-time guest host Sara Lord interviews Redgrave Data's Tara Emory, SVP, Legal AI Strategy, and Wilzette Louis, Director of Client Solutions. Tara is a highly regarded legal industry executive and recognized expert in legal AI, ediscovery, information governance operations, and consulting. She plays a leadership role in The Sedona Conference and was contracted to serve as eDiscovery Lead on the House of Representatives Select Committee to Investigate the Jan. 6th Attack on the U.S. Capitol. Tara holds a JD and LLM in International and Comparative Law from Duke University School of Law. Wilzette is an ediscovery expert and advisor focused on approaches for using technology and workflows to maximize effectiveness, efficiency, and overall client satisfaction. Wilzette has a BS in computer science from the New York Institute of Technology.
Listen as Sara speaks with Tara and Wilzette about the game-changing potential of robotic process automation and AI, and how these are not just futuristic concepts but practical solutions to today's legal challenges. | |||
| 01 Apr 2024 | Jury Selection in the Age of Conspiracy Theories and Distrust with Tara Trask | 00:44:29 | |
Tom Hagy interviews jury and trial expert Tara Trask about picking juries in an age of misinformation, general distrust, tribalism, unleashed social media warriors, flamers, and propagandists, and unorthodox legal strategies that seem to unfold on a daily basis. All of these conditions began to accelerate in the lead-up to the 2016 presidential election in which Donald Trump prevailed over Hillary Clinton, continued to heat up in Trump's race against then-candidate Joe Biden, culminated in the Jan. 6 attack on the Capital, and continues to blot out the sun amid civil and criminal actions against the former president and some of his supporters and colleagues as the 2024 election roars at us like a freight train. In this episode we ask: How does what some have called a Cold Civil War affect our ability to listen and decide objectively when presented with arguments and evidence in court? How much increased bias, skepticism, and hostility for institutions -- from courts to corporations to witnesses -- do people carry into the jury box? | |||
| 08 Apr 2024 | Technology-Assisted Review: Sara Lord Interviews Data Scientist Lenora Gray | 00:29:50 | |
Our Legal Tech Host Sara Lord speaks with data scientist and eDiscovery expert Lenora Gray of Redgrave Data. | |||
| 01 May 2024 | Litigation Prognostication with Dan Rabinowitz | 00:44:33 | |
The art and science of forecasting litigation outcomes just got a lot more sciencey. | |||
| 18 May 2024 | Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles | 00:35:18 | |
This episode is dedicated to Mental Health Awareness Month -- May 2024 -- in which we explore some of the keys to achieving wellbeing as a human litigator. ******* | |||
| 31 May 2024 | Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone | 00:29:50 | |
Biometric data is big business. It many cases it even helps make our lives better. It also presents significant risks for a variety of parties, in addition to those of us who surrender our data. Companies collecting, storing, utilizing, and monetizing the data face penalties and litigation bolstered by the increasing number of states enacting biometric information privacy acts, or BIPAs, the first of which was in Illinois. I just finished hosting a webinar titled “Litigation After Biometric Privacy Law Violations” with attorneys John M. Leonard and Cort T. Malone of Anderson Kill. They spoke extensively about the state of biometric privacy litigation, the regulatory landscape, insurance coverage considerations, and recent rulings. They're both shareholders at Anderson Kill and they are both graduates of the Fordham University School of Law. Following the webinar (coming soon to the West LegalEdcenter), Cort and John stuck around to answer some of my questions about a couple of recent cases I thought illustrated the types of underlying and coverage matters we’re seeing out there. | |||
| 06 Jun 2024 | Automation Comes to Our Litigation Nation with James Lee | 00:33:53 | |
In this episode we talk about litigation automation, and another case in which innovators are using artificial intelligence to transform legal operations. We also speak with our guest about his transformation from a litigator to a tech entrepreneur, and how the company he co-founded is using modern tools to do in minutes what used to take hours. These tasks include responding to demand letters, complaints, and discovery requests, and executing matter profiling and data analytics, all of which are traditionally rote and repetitive and time-consuming undertakings. Also joining me, I’m pleased to say, is the ever-inquisitive and always attentive Sara Lord, legal analytics professional extraordinaire, who raised questions from the litigator's perspective. I hope you enjoy the conversation! | |||
| 12 Jun 2024 | Mitigating Greenwashing Litigation Risks with Ramya Ravishankar | 00:27:01 | |
Companies are grappling with how to market the eco-friendly, people friendly, and animal friendly characteristics of their products and services, while also not getting in trouble with the law. Some have learned this the hard way. Some have wisely consulted experts. (That's foreshadowing.) Last year the SEC adopted amendments to the Investment Company Act with the “Names Rule,” which addresses fund names that are likely to mislead investors about a fund’s investments and risks. On the consumer side, the FTC has been on the case as it stalks misleading advertising claims. Violations have real consequences. In 2022 the FTC reached multimillion dollar settlements with store chains Kohl’s and Walmart over claims that certain products were eco-friendly and made from bamboo, when they were really made from rayon. More recently, a class action was filed in federal court in New York over the "carbon neutral" branding on bottled water. But there are some important court decisions our guest wants to know about, involving shoemaker AllBirds and beauty products company Sephora. She is Ramya Ravishankar, General Counsel & Corporate Secretary of the HowGood company, an independent research firm that helps the world’s largest food brands meet their sustainability commitments. Ramya is a former environmental biologist turned attorney who is – as you will soon hear -- passionate about the intersection of food and sustainability. Previously, Ramya was Associate General Counsel at Bowery Farming – producer of pesticide free lettuce, other leafy foods and herbs. Before that she was a regulatory enforcement associate at Skadden Arps. Ramya earned her J.D. from Columbia Law School in New York and a B.S. from Queen’s University in Ontario, Canada. Enjoy the interview! | |||
| 02 Jul 2024 | Algorithmic Software-Facilitated Price Fixing with Jonathan Rubin | 00:34:06 | |
Everyone knows that price fixing is against the law, chiefly Section 1 of the Sherman Act. As our guest recently wrote: “When pricing algorithms are used by individual firms, such as airlines, e-commerce platforms, ride-share and room-share companies, stock traders, and others, there are unlikely to be anti-competitive consequences. It is when market competitors avail themselves of the same algorithmic program or service that the specter of unlawful collusion arises.” That risk increases as markets become more concentrated, he says. He is Jonathan Rubin, Partner and Co-Founder of MoginRubin LLP, a widely recognized competition law attorney, economist, and commentator who has presented at antitrust conferences in the United States and Europe, testified before several congressional committees, and before the Directorate General for Competition of the European Commission. “The fact that these services employ an algorithm is not central to what's going on in this scenario,” he told me, “because what's important is the conduct of the businesspeople involved.” Listen to my interview with Jonathan Rubin as we discuss what algorithmic or software-facilitated pricing is, what the law says about price collusion, how this new pricing mechanism violates that law, and recent developments in litigation. | |||
| 23 Jul 2024 | Trademarks, Copyrights, Brands, T-Shirts, and Champagne with Tiffany Gehrke and Kelley Gordon | 00:37:09 | |
Listen as intellectual property attorneys Tiffany Gehrke and Kelley Gordon of Marshall Gerstein in Chicago share their insights into three matters relevant anyone watching copyright and trademark law, or anyone fond of branded t-shirts and fancy French beverages. | |||
| 31 Jul 2024 | President Biden's Critical Infrastructure Cyber Memo and CrowdStrike's Whoopsie Daisy with Elizabeth Burgin Waller | 00:35:08 | |
How secure is our nation's critical infrastructure? One recent event serves as a cautionary tale. In this episode, we tackle this pressing question in the context of cybersecurity. We'll address President Biden's recent National Security Memorandum on Critical Infrastructure Security and Resilience, and its implications for sectors like energy, water, and transportation. | |||
| 07 Aug 2024 | False Claims Act, Health Care Whistleblowers, and Whistling in the Wind with Justin Lugar | 00:34:17 | |
The DOJ’s annual report for 2023 revealed that the agency’s Health Care Fraud Unit was its busiest criminal enforcement section, responsible for convicting more than $3.8 billion in False Claims Act and whistleblower claims. There has reportedly been an uptick in whistleblower work among law firms and a record number of whistleblower cases. Still, some healthcare providers and hospital systems tend to hide their heads in their scrubs after being served. Drawing on his background as both public servant and private practitioner, my guest, Justin M. Lugar, counsel with WoodsRogers in Roanoke, Virginia, is going to walk through these issues and others. Justin served as the Department of Justice’s Civil Health Care Fraud Coordinator, Affirmative Civil Enforcement Coordinator, and Civil Rights Coordinator for the Western District of Virginia. Justin was recently recognized by the Drug Enforcement Agency for his efforts enforcing the Controlled Substances Act, leading to the largest fine assessed against a hospital system in the United States at the time. When he was a federal prosecutor, Justin led investigations involving numerous state and federal agency partners, from the FBI to the IRS to the Department of Energy to the FDA and the Defense Department. Justin started his career at a major global firm in London, conducting international investigations around the globe. But my favorite part of his background is – when he was a religious studies major in college – he lived at a Tibetan Buddhist Monastery in Kathmandu, Nepal. Not to brag, but I just returned from Vermont. There is more to Justin’s background, like his LLM in international dispute resolution, which he earned at the School of Oriental and African Studies at the University of London, his J.D. from Liberty University School of Law, and his B.A. from the University of Virginia. ******* | |||
| 17 Sep 2024 | The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath | 00:37:30 | |
The United Nations and World Economic Forum calculates that the cost of corporate corruption globally is $5 trillion a year, or 5% of the world’s 2022 GDP. The Foreign Corrupt Practices Act, or the FCPA – the government’s leading weapon in this global war on corporate crime – has far-reaching implications for companies engaged in international business. For those who violate it the consequences can be severe. And with the recent addition of the Foreign Extortion Prevention Act (FEPA), the federal government has even more to work with. I had the pleasure of learning more about this fascinating and complex area of the law by speaking with two attorneys with Reed Smith who practice in the firm’s Global Regulatory Enforcement Group. Mark E. Bini is a former federal and state prosecutor in New York, has led multiple multi-year cross-border investigations of corporations and individuals and has particular experience in investigations involving potential Foreign Corrupt Practices Act (FCPA) violations. As a prosecutor, he worked closely and in parallel with many domestic and foreign law enforcement agencies and regulators, including the United Kingdom’s Financial Conduct Authority and Brazil’s Ministerio Publico Federal. Thomas H. Suddath, Jr., is a former Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney’s Office in Philadelphia, has extensive experience conducting international and domestic internal investigations and frequently counsels companies on compliance and voluntary disclosure issues related to the FCPA. He has handled FCPA and other internal investigations in many countries including Russia, Poland, Turkey, Greece, Hungary, Czech Republic, Mexico and Colombia. | |||
| 10 Oct 2024 | Humans at Work with Leah Stiegler | 01:11:42 | |
People. We’re complicated creatures. We can be compassionate. We can fall in love. Sometimes we don’t care for each other, but here we are. Also, some people cross the lines of propriety, causing emotional or even physical harm to others on our teams, whether we work with them, for them, or whether we supervise them. And sometimes we work more than regular hours, either because we’re directed to or because we’re willing to do what it takes to help our teams succeed. The workplace can be a labyrinth of tricky situations, and employers need to know how to make sure workers are able to navigate them smoothly, appropriately, and within changing laws and regulations. Our guest is Leah M. Stiegler, a principal attorney at Woods Rogers, who comes to the podcast with extensive experience across a broad spectrum of employment law matters. Leah is a trusted advisor to employers, providing guidance on complex personnel issues, performance management challenges, and fostering a positive work culture. Leah earned her J.D. from University of Richmond School of Law, cum laude, Order of the Coif, and her B.A. and B.S. degrees from Virginia Tech, summa cum laude. Listen as Leah shares practical solutions for a variety of challenges, like love at work, pregnancy at work, discord at work, harassment at work, and working overtime. She talks about gender identity protections, implicit biases, and microaggressions, plus conducting administrative investigations, and ideas to mitigate risk, stay out of court, and maintain a positive work environment. Thanks to Leah for sharing her insights on issues that arise where many of us spend most of our waking hours – at work! Her enthusiasm and passion for this work will be obvious to anyone who listens. I hope you enjoy it as much as I did producing it. | |||
| 16 Oct 2024 | When Chemical Crises Strike with Ed Gentle and Kip Benson | 00:13:04 | |
Soon after emergency response teams scramble into action to address chemical fires, explosions, or other toxic events, attorneys begin gathering and analyzing information either to mitigate corporate risk or to seek remedies for anyone impacted by such an event. | |||
| 31 Oct 2024 | The EPA's New PFAS Safe Drinking Water Rule with John Gardella | 00:35:47 | |
Once again we dive into one of the hottest topics in environmental law right now: PFAS. Specifically, our guest talks about the EPA’s new PFAS Safe Drinking Water Final Rule, which mandates acceptable levels of PFAS in public water systems. On the technical side, there is debate over whether current technology can even reliably detect PFAS at the levels EPA seeks. Also raised are the complexities associated with increased monitoring and lab testing. Our guest is John P. Gardella, whose 2024 CLE webinar on the subject explored the PFAS litigation landscape, from multidistrict and class action lawsuits to medical monitoring and greenwashing claims. He talks about federal and state regulations that are driving litigation, and offers an outlook for what may be in store in the next few years. A leading voice in PFAS litigation and recognized thought leader, John is a Shareholder at CMBG3 Law, known for his expertise in environmental and toxic tort litigation. A veteran of more than 75 trials, John chairs the firm’s PFAS, Environmental, Risk Management & Consulting, and ESG practice groups. | |||
| 21 Nov 2024 | Last Days of Patent Eligibility Confusion with Ryan Phelan | 00:29:06 | |
As if the rocketing evolution of technology isn't presenting enough challenges to inventors under patent law, the Supreme Court has done its part, too.
******* | |||
| 12 Dec 2024 | IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick | 00:19:11 | |
NFTs – or non-fungible tokens – have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. The Bored Ape Yacht Club is another fascinating story. This collection of 10,000 unique, cartoonish apes, each with its own distinct features, became incredibly popular in 2021. Owning a Bored Ape would become a status symbol in the NFT community. However, the meteoric rise of NFTs was followed by a significant downturn, leading many to question the future of NFTs. While the initial hype and astronomical prices may have subsided, the underlying technology and potential of NFTs remain promising. For insights into this evolving landscape, listen to my conversation with Cameron Pick of Marshall Gerstein. An experienced expert in intellectual property law with a focus on emerging technologies, Cameron advises clients on a range of legal issues related to NFTs, blockchain, and cryptocurrency. He holds a J.D. from Duke University School of Law and a B.S. with honors in electrical engineering from the University of Illinois, Urbana-Champaign. This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. | |||
| 16 Jan 2025 | Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill | 00:33:55 | |
The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. On a new episode of the Emerging Litigation Podcast, we discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. We also discuss a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact. My guests are all from the long-time insurance recovery law firm of Anderson Kill. Dennis Artese is a shareholder in the New York office and is chair of the firm’s Climate Change and Disaster Recovery practice group. Marshall Gilinsky is a shareholder the firm’s Boston office and practices in the firm’s Insurance Recovery and Commercial Litigation groups, as well as its Restaurant, Retail & Hospitality Group. Joshua Gold is a shareholder in the New York office. He chairs the Cyber Insurance Recovery Group and co-chairs the Marine Cargo Insurance Group. He also handles directors and officers insurance and business income/property insurance matters. | |||
| 27 Jan 2025 | Appellate Lawyers at Trial: Don't Wait Until Your Ox is in the Ditch with Jeff Doss | 00:22:18 | |
Whopping jury verdicts from 2024 illustrate why trial teams sometimes include appellate counsel, because including them -- even as you prepare to defend a high stakes case at trial -- can improve your chances on appeal should a jury hand you a half-billion-dollar verdict. | |||
| 20 Mar 2025 | Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab | 00:25:12 | |
Southern California’s wildfire season has turned into a year-round crisis, and with it comes a surge in litigation. On this episode of the Emerging Litigation Podcast, we explore the aftermath of the devastating January 2025 wildfires, including the high-profile Eaton and Palisades fires, and the complex legal battles now unfolding. My guest, Ed Diab, is a founding partner of Diab Chambers LLP, a boutique law firm with a sharp focus on wildfire litigation. Ed and his team have worked alongside national firm Baron & Budd to represent over 100 public entities in wildfire cases dating back to 2015. His deep experience in this area, combined with an insider’s perspective on utility liability, makes him uniquely qualified to discuss the challenges and strategies involved in these high-stakes cases. As of early 2025, more than 100 cases have been filed against utilities like Southern California Edison, with public entities, individuals, and insurance carriers seeking damages for widespread destruction. In this conversation, Ed breaks down the causes of these fires, the legal strategies in play, and the uphill battle plaintiffs face when going up against major power utilities. Ed walks us through California’s unique inverse condemnation doctrine, negligence claims, and how utility companies defend themselves—challenging liability, infrastructure management, and fire prevention efforts. We also discuss the challenges of evidence preservation, particularly when transmission towers remain critical to the state’s power grid. From the legal wrangling over the Eaton Fire to the complexities of the Palisades rekindle, Ed shares the latest developments and what litigators should expect moving forward. His insight into the coordination between local and national firms and how they’ve successfully pursued wildfire claims makes this a must-listen episode for anyone following disaster-related litigation. 🎧 Tune in for insights on: If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. | |||
| 26 Nov 2020 | The Age of Social Disparagement with Charlie Kingdollar | 00:29:34 | |
Are the risks posed by social media — which has added jet fuel to one person’s ability to smear another — adequately addressed by the insurance market? It was my pleasure to interview Charlie Kingdollar for our first episode of the Emerging Litigation Podcast. We hope you enjoy the interview. | |||
| 29 Dec 2020 | Cannabis Industry Competition Law with Ausra Deluard and Jennifer Oliver | 00:43:00 | |
What can legitimate cannabis companies do to level the playing field, not only against others who walk the straight and narrow, but dealers still thriving on the black market? It was my pleasure to interview Ausra Deluard and Jennifer Oliver for what was an informative and even surprising podcast. It’s based on their article — Clearing the Haze: State Laws and Private Plaintiffs Critical to Preserve Competition in Cannabis — which will be featured in the inaugural issue of the Journal on Emerging Issues in Litigation, which will release in January 2021. Ausra, who is an attorney with the global law firm Dentons LLP, has spent more than a decade advising clients in a range of antitrust matters including merger investigations, competitor collaborations, and pricing and distribution policies. She works closely with cannabis clients to help them navigate the rapidly evolving cannabis laws and regulations throughout the U.S. Jennifer is a partner at national antitrust boutique MoginRubin LLP, where she litigates and advises clients on competition issues. Her work includes representing classes of plaintiffs in class actions, risk mitigation and regulatory advice in mergers and acquisitions, and other complex business litigation. Check out the MoginRubin Blog. The Journal is a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how awesome Ausra and Jennifer are, drop me a note at Question@LitigationConferences.com. We hope you enjoy the interview. | |||
| 09 Feb 2021 | Psychedelics Decriminalization and Regulation with Griffen Thorne | 00:31:10 | |
What does the future hold for psychedelics in America? How are states approaching the ownership and use of these drugs, either for recreational or their controlled therapeutic use? As part of Harris Bricken’s corporate cannabis team, he works closely with cannabis and hemp clients, whom he advises on obtaining licenses and permits, regulatory compliance, entity formation and structuring, mergers and acquisitions, corporate governance issues, contract drafting and negotiation, obtaining and protecting intellectual property rights, and administrative appeals and litigation. He also represents clients throughout a wide range of industries regarding compliance with United States, European, and Asian Internet, technology, and data security laws and regulations. | |||
| 26 Jan 2021 | Plastics-Related Liabilities and Insurance Recovery with Mikaela Whitman | 00:35:25 | |
As we see liability actions relating to plastics creeping into the nation's dockets, what types of claims will survive? How much more of this might we see? And if it really hits the fan, how will insurance companies respond? Will policyholders find protection in their comprehensive general liability policies? Their directors and officers policies? Other policies? It was my pleasure to interview Mikaela Whitman for what was an informative and insightful podcast on this potentially enormous area of litigation. It’s based on her article — One Word: Plastics. Two Words: Pollution Exclusion. Why CGL Policies Should Cover Plastics-Related Liabilities — which will be featured in the inaugural issue of the Journal on Emerging Issues in Litigation in January 2021. At the time of this recording Mikaela was a partner at Pasich LLP. She is now with McGuire Woods LLP in their New York office. She continues to represent insureds in all phases of insurance coverage recovery. The Journal is a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how awesome Mikaela is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview. | |||
| 12 Jan 2021 | COVID-19 and the Courtroom with Alison Besunder | 00:36:34 | |
What efficiencies have been foisted upon our nation's courts as a result of the COVID-19 pandemic? What has worked and what has not? Are we going to see permanent implementation of things like webcam hearings and virtual trials? It was my pleasure to interview Alison Besunder on this timely and evolving subject. It’s based on her article — Crisis is the Mother of Change: How a Pandemic Sparked Progress in Courtroom Efficiency — which will be featured in the January 2021 issue of the Journal on Emerging Issues in Litigation. Alison brings extensive experience counseling clients on matters ranging from the simple to complex, helping them prevent future disputes through proactive planning and to resolve disputes that proceed to litigation. She is a frequent speaker on topics such as Estate Planning During Divorce, End of Life Decision Making, Cyber-Security for Lawyers, and Social Media and Ethics. She operated her own firm for several years and in 2019 joined Goetz Fitzpatrick LLP. The Journal is a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how awesome Alison is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview. | |||
| 27 Jan 2021 | Employment Law in the COVID-19 Era with Stefani Schwartz | 00:43:30 | |
More of us are working from home and, given it often has advantages, it's an arrangement that is likely to continue for many of us. This raised the general question: Is your home officially "the office," with all the attendant rules and norms? What new risks do employers face? What new ways can employees find themselves in trouble? We're also getting vaccinated. That's great news, but can companies required employees to get the shot? Further, studies reveal that we're not all bearing the brunt of remote working evenly. Who is carrying more of the load? Given these dramatic changes, should employers adjust their policies? It was my pleasure to interview Stefani Schwartz, co-founder of the woman-owned employment-and-labor boutique Hatfield Schwartz in New Jersey. Stefani has devoted her legal career to representing employers in all aspects of employment law, including discrimination, harassment, retaliation, and wrongful termination matters. We hope you enjoy the interview, and a guest appearance by Benny, her Portuguese Water Dog, you know, because she's working from home. Stefani also shares one retail customer's quick fix for forgetting her face mask. | |||
| 23 Feb 2021 | Three Urgent Consumer Class Action Topics with Paul Bland of Public Justice | 00:31:36 | |
To consumers, class actions can be an invaluable tool when they need to level the playing field in disputes with large companies whose resources far outweigh those of individuals. Two important class action cases are currently before the Supreme Court. One case, TransUnion v. Ramirez, involves innocent consumers who were erroneously added to the government's watch list for terrorists and drug smugglers. In the second, Goldman Sachs v. Arkansas Teachers, consumers seek to fend off a decision that could limit securities class actions against companies that make generic statements about integrity before a drop in stock prices. Another important issue (not currently before the high court) is mass and forced arbitration, something some observers say substantially impedes the ability of consumers' and employees' to challenge corporations. To discuss these issues, it was my pleasure to interview F. Paul Bland, Jr., Executive Director of Public Justice, an organization that pursues "high impact lawsuits to combat social and economic injustice, protect the Earth’s sustainability, and challenge predatory corporate conduct and government abuses." Paul has argued and won more than 40 cases that led to reported decisions for consumers, employees or whistleblowers, including one victory in the U.S. Supreme Court, and has won one or more cases in six of the U.S. Courts of Appeals and the high courts of 10 different states. We hope you enjoy the interview, and how I slipped in mention of Schrödinger's cat which, as everyone knows (that's sarcasm and self-deprecation), is a thought experiment that illustrates an apparent paradox of quantum superposition. | |||
| 09 Mar 2021 | Policyholder COVID Claim Valuations with Peter Halprin and Christopher Montifoglio | 00:30:15 | |
When, in addition to damage, injury and even death, a catastrophe ravages a regional economy, should that be taken into account when valuing the business loss claims brought by a policyholder? The UK Supreme Court recently came down on the issue in a test case based on a batch of different company policies giving some hope to policyholders. What impact will it have on COVID business interruption claims in the U.S.? How will it impact the valuation of claims for other catastrophic events like hurricanes, wildfires, and earthquakes? I hope you enjoy the interview, and how I suggested that Peter may be old enough to tell us about his experience with losses incurred by merchants sailing wooden ships during the vibrant spice trade of the 1400s. Episode is Live Published: Feb. 23, 2021 @ 5AM Edit Unpublish Get episode better indexed by search engines. Listeners can tap through & see what’s coming up. Create a Visual Soundbite Share Episode On More Options | |||
| 22 Mar 2021 | PPP and SBA Covid-19 Relief Funds Fraud with David Haas and Dan Eckhart | 00:32:42 | |
Leave it to people to seize on any opportunity to take advantage of good intentions. The federal government has made available many millions of dollars under the CARES Act, subsets of which are the Paycheck Protection Program and SBA lending which comes with some forgiveness provisions. Fraudsters are popping up. Some are being indicted. Others are paying fines. But this is just the start since more fraud will be exposed when it comes time to pay loans back. Plus statutes of limitations will keep certain claims actionable up to five and even 10 years from now. | |||
| 05 Apr 2021 | Labor Law in 2021 with Kathryn Hatfield | 00:36:14 | |
Participation in labor unions is less than half of what it was 40 years ago. It has seen an uptick in the service sector, but a sharp decline in manufacturing. According to economist Heidi Shierholz decline in union rolls is partly responsible for today's yawning income inequality gap. Recently we've seen the formation of a modest union at Google and a movement among Amazon workers. We've also seen how the pandemic has shone a bright light on the fragility of our nation's workforce struggling to survive at the bottom rungs of the pay scale. | |||
| 20 Apr 2021 | Civil Unrest and Insurance with Vince Vitkowsky | 00:37:04 | |
Civil unrest. Peaceful protests. Massive marches. Riots. Looting. Which of these things are not like the other? Recent social outrage over police shootings of Black people -- these events in particular -- have sent people to the streets by hundreds of thousands. In some cases these constitutionally protected activities are followed by property damage, injury and death. Observers continue to debate who is responsible for the violence. Whatever the answer, as a very practical matter, someone has to pay for the property damage. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Vince is , please drop me a note at Editor@LitigationConferences.com. | |||
| 04 May 2021 | Ransomware Coverage with Scott Godes | 00:21:26 | |
The cost of ransomware to businesses is estimated to have doubled since 2019 to $20 billion, according to Coveware. Policyholders turn to their insurance policies to recover losses which average more than $230,000 per incident. More than half (56%) of ransomware victims paid the ransom to restore access to their data last year, according to a global study of 15,000 consumers conducted by global security company Kaspersky. Yet for 17% of those, paying the ransom did not guarantee the return of stolen data. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Scott is , please drop me a note at Editor@LitigationConferences.com. | |||
| 17 May 2021 | The False Claims Act with Jack Siegal | 00:50:44 | |
Unscrupulous contractors have been ripping off the federal government for as long as there has been a federal government. President Lincoln, tired of being sold lame mules and rancid rations, signed the Federal Claims Act into law during The Civil War. In the last two decades the government, with the help of whistleblowers, has raked in more than $20 billion. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Jack is , please drop me a note at Editor@LitigationConferences.com. | |||
| 01 Jun 2021 | Where COVID-19 Litigation is Heading with Sandra M. Cianflone | 00:30:05 | |
It’s now been more than 18 months since the world was besieged by the novel coronavirus pandemic. In addition to the human toll, it disrupted our lives in ways big and small, new and old, as it raced across continents, first visiting North America in January 2020. There are an estimated 15,000 lawsuits relating to the outbreak, with some 350 filings directed toward the healthcare and medical communities. The number of insurance coverage suits is fast-approaching 1,800. Litigation has been initiated against aging services, hospitals, and healthcare providers, with the next anticipated wave likely to surround vaccines themselves. What will be the basis of these claims? What defenses will we see? And what can healthcare providers do now in anticipation of this onslaught? Joining me to discuss this out-of-the-blue rash of litigation is Sandra M. Cianflone of Hall Booth Smith, P.C. Sandie counsels and defends hospitals, physicians, nurses and institutional employees in a broad spectrum of catastrophic injury and medical malpractice cases. She received her Juris Doctorate from Pace University School of Law and her undergraduate degree from Fairleigh Dickinson University. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Sandie is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the forthcoming issues of the Journal. | |||
| 15 Jun 2021 | How Artificial Intelligence is Changing Litigation and Even Preventing it with Arthur Crivella | 00:43:34 | |
Artificial intelligence has the capability to truly revolutionize how litigators work, and also how companies can avoid litigation in the first place. It can not only do the work of hundreds of people in mere seconds but can be used to predict liabilities before they become liabilities, and outcomes when disputes arise. Joining me to discuss the incredible present-day applications of AI in law and business, as well as the potential to do much more if humans will let it, is Arthur Crivella of Crivella Technologies Limited. For decades Art has been a leader in developing and applying advanced software engineering, systems engineering and AI methodologies, and holds numerous foundation patents in the field. Art has helped create nationally recognized engineering achievements in weaponry as well as in the metals, rubber and food industries. He was principal design engineer in developing advanced weapons direction systems and wrap-around simulation systems for naval guided missiles. Crivella Tech supports corporations in managing risk and law firms in assessing liabilities. The company also supports law firms in class action and mass tort litigation. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Art is, please drop me a note at Editor@LitigationConferences.com. | |||
| 30 Jun 2021 | Offshore Wind Power Initiatives with Jack Smith | 00:38:16 | |
President Biden has called for the doubling of offshore wind energy capacity by 2030. To say the process for getting such projects up and running is complex is an understatement. There will be plenty of obstacles to the administration's lofty goal. Where will these impediments to development arise? What role will states play? How will NGOs react to this ambitious ramp-up? Joining me to discuss this important subject is Jack Smith, a partner with Nelson Mullins in Charleston, South Carolina. Jack's practice includes hazardous waste site management and remediation, contaminated property liability negotiation, litigation, redevelopment and related regulatory counseling. He has also worked for several state and federal government environmental agencies. Jack earned his JD from the University of South Carolina School of Law and a BS in Psychology, also from the University of South Carolina. | |||
| 13 Jul 2021 | Cryptocurrency with Stephen Palley | 00:39:43 | |
Cryptocurrency assets now exceed $1.5 trillion globally. What a great innovation, as is the magic that makes these transactions possible. Of course, I’m talking about blockchain. The possibilities are endless on both counts. No central authority. No regulators. But (there’s always a but), thanks to the world’s miscreants, desperados and other baddies there is escalating potential for theft of these assets whether they are held in Bitcoin or other forms of digital currency. What should businesses consider if they plan to invest in virtual assets? How might they mitigate risk? What security measures should they have in place? Is the theft of digital currency covered by insurance? Joining me to discuss this paradigm-shattering model is Anderson Kill Partner Stephen D. Palley, a seasoned trial lawyer and litigator with extensive experience in complex commercial disputes like insurance recovery, securities litigation, and corporate governance. Stephen has significant hands-on software development and design experience. Based in the firm’s D.C. office, he is co-chair of its cross-disciplinary blockchain and virtual currency group. At several points during our conversation I referred to an article co-written by Stephen and his New York colleague Joshua Gold, titled Protecting Cryptocurrency Assets. Stephen earned his J.D. from Washington University, his M.A. from the University of Delaware, and his B.A. (cum laude) from Tufts University (Go Jumbos!). I hope you enjoy the interview, especially when Leo, my cat, knocked over my microphone and when Stephen educated me on the existence of the Weird Beard Festival and other whisker-based celebrations. --Tom Hagy | |||
| 28 Jul 2021 | Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano | 00:39:28 | |
Law firms are sweet targets for hackers given the rich data they store, from intellectual property to confidential merger details to personal and health information and more. The last decade is littered with headlines about data hacks and ransomware attacks at even the most sophisticated global law firms. Yet, according to the 2020 Legal Technology Survey Report conducted by the American Bar Association’s Legal Technology Resource Center (LTRC) fewer than half of the firms polled employ some of the most basic security measures, such as email and file encryption. What can smaller firms do to protect their data and that of their clients? Joining me to discuss this important issue is Ondrej Krehel, CEO & Founder of LIFARS, a New York City based incident response and digital forensics firm specializing in solutions to optimize an organization's cybersecurity protections. Ondrej is recognized for his digital forensic expertise and ethical hacking skills He participates in high-profile engagements around the world using his proprietary methodology to achieve the most rapid root-cause analysis and remediation. He is a former lecturer at FBI Training Academy who has led forensic investigations and cybersecurity involving the U.S. government, including military cyber special operations. He holds an Ph.D. in Computer Forensics from Police Academy in Bratislava, Slovakia, and M.S. degree in Mathematical Physics from Comenius University in Bratislava and an Engineering Diploma from Technical University in Zvolen, Slovakia. | |||
| 11 Aug 2021 | The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone | 00:37:43 | |
Damage awards in litigation against physicians, hospitals, and other healthcare providers have been coming in bigger and bigger, with juries awarding more than $20 million in a string of cases that should send chills down the spines of defendants and counsel. What are the factors behind this trend? Besides the severe (or even alarming) nature of the harm alleged, what is fueling these mega verdicts? What can defense attorneys do, knowing they are facing a well-organized, well-funded plaintiffs bar? For that matter, what can defense attorneys learn from their opponents? What strategies can defense employ early in the life of a case? Joining me to discuss this high-stakes litigation is Sandra M. Cianflone of Hall Booth Smith, P.C. Sandie counsels and defends hospitals, physicians, nurses and institutional employees in a broad spectrum of catastrophic injury and medical malpractice cases. She received her Juris Doctorate from Pace University School of Law and her undergraduate degree from Fairleigh Dickinson University. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Sandie is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the forthcoming issues of the Journal. | |||
| 24 Aug 2021 | Drone Law with Kathryn Rattigan | 00:47:55 | |
It's not a matter of if, but when. Of course, I'm talking about a sky speckled with commercial drones, bringing us our precious products and pharmaceuticals, or performing work in high places humans find dangerous, like inspecting bridges and buildings, monitoring crops and livestock, and keeping an eye on pipelines and oil rigs. What must companies know about deploying a drone fleet? What industries are leading the way? What are the potential legal liabilities? How does one begin to navigate the regulatory labyrinth? If one is flying over my swimming pool taking photos, may I shoot it down? And who in their right minds would ever allow a teenage boy to operate one? Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole. Kathryn advises clients on these matters with expertise in the relevant Federal Aviation Administration regulations. She and her colleagues also advise clients on employee and subcontractor contracts, insurance policies, privacy regulations, state and local laws, and best practices as recommended by the National Telecommunications and Information Administration. She handles product defect, personal injury, and property damage litigation, too. Kathryn is a frequent contributor to the excellent Robinson Cole Data Privacy + Cybersecurity Insider blog. She holds a J.D. from the Roger Williams University School of Law and a B.A. (magna cum laude) from Stonehill College. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Kathryn is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the forthcoming issues of the Journal. | |||
| 07 Sep 2021 | Impact of Surfside Condo Collapse with Judah Lifschitz | 00:27:28 | |
Nothing illustrates the tragic consequences of building decay more than the June 24, 2021, collapse of the Champlain Towers South in Surfside, Florida, which claimed the lives of nearly 100 residents. The event raises questions about the building inspection process not only in Florida but around the country. What caused this calamity? Who is responsible? How many other buildings are in similar condition? Any compensation for the loss of life, injuries, and property damage will likely be astronomical. Where will any financial awards come from? | |||
| 21 Sep 2021 | Special Episode: A Lovable Litigator? Danny Karon Gives Back. | 00:21:58 | |
For 30 years attorney Daniel R. Karon has successfully represented plaintiffs and defendants in class-action and individual lawsuits. He's also chair of one of the leading class action conferences for lawyers, judges and law professors: the American Bar Association National Institute on Class Actions. He's passionate about educating up-and-coming lawyers. He teaches and writes extensively, and has been featured on podcasts and television news shows. While practicing law (and some intensely serious matters), Danny became acutely aware of "a societal bias against access to justice where people who need justice the most often get it the least." One response to that was to launch Your Lovable Lawyer, a multi-media website whose goal is to "make justice more accessible to people who don’t know, can’t find, or can’t pay for lawyers." He endeavors to provide actionable insights regarding common legal problems. He refers to his "lovable" concept as "legal wellness," and encourages regular folks to take a proactive approach to legal matters and potential conflicts. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how lovable Danny is, please drop me a note at Editor@LitigationConferences.com. | |||
| 05 Oct 2021 | Gamification of Stock Trading with Brad Rustin | 00:31:39 | |
As brokerages focus on enhancing user experience, they risk shifting their customer’s focus from serious financial decisions to a game-like experience. Some think this is a good thing. That it will help engage the next generation of traders. Others think it's a bad thing. That it will create a more spastic type of trader with unrealistic expectations on potential returns. State and federal regulators are focusing on digital brokerages and exploring guardrails for these types of platforms. The challenges facing traditional technology providers (volume controls, fraud, system outages, and liquidity) are now facing these digital brokerages—with real-life consequences for individuals and their savings and retirement accounts. One company that has been making headlines is Robinhood, which was on the receiving end of a $70 million fine handed down by the Financial Industry Regulatory Authority, or FINRA, for what it called "systemic supervisory failures." In coming up with the award, FINRA said it considered the "widespread and significant harm suffered by customers, including millions of customers who received false or misleading information from the firm, millions of customers affected by the firm’s systems outages in March 2020, and thousands of customers the firm approved to trade options even when it was not appropriate for the customers to do so." Robinhood is also defending itself in litigation involving dozens of cases. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative our guests are, please drop me a note at Editor@LitigationConferences.com. | |||
| 19 Oct 2021 | Wildfire Litigation and Recovery with Ed Diab | 00:45:16 | |
Wildfires are causing more destruction in North America than at any time in recorded history. In 2010 they consumed 3.4 million acres, but nearly tripled to devour more than 10 million acres in 2020. One group of attorneys from Baron & Budd and Dixon Diab & Chambers LLP is securing and seeking recovery for individuals, municipalities, and insurance companies that pay claims, when they can accomplish the difficult task of identifying the responsible parties. Positioned as "Wildfire Recovery Attorneys," they have done so in cases against Pacific Gas & Electric Corp. and Southern California Edison, which they have sued for allegedly failing to maintain power lines and the areas beneath them, among other things. I had the pleasure of interviewing Ed Diab, co-founder of Dixon Diab & Chambers in San Diego, about his firm’s role in the litigation, what the claims are, what defenses they encounter, settlements they have secured, what evidentiary hurdles plaintiffs face, and more. They’ve been successful. Since 2018, Dixon Diab & Chambers has recovered more $1.4 billion in settlements. And there is more to come. The firm represents more than 40 public entities – including some of the largest cities and counties in California – as well as thousands of individuals and families. Ed leads the firm’s mass tort practice which, in addition to wildfire litigation, represents people who allege injuries from defective drugs and medical devices. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com. Tom Hagy | |||
| 02 Nov 2021 | Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé | 00:33:49 | |
Besides its people and the quality of their free snacks, an organization’s intellectual property is often its most valuable asset. Whether it’s a patent or a trademark, a graphic design or proprietary market information, or just the unique way they do what they do. Companies must protect their innovations or risk significant damage to their future prospects. They are Crowell & Moring partner Jan-Diederik Lindemans and Judith Bussé, both part of the firm’s Technology & Intellectual Property Department in Brussels. And, working with Neotalogic, they developed an interactive app that takes you through a set of attorney-crafted questions that, depending on your answers, take you to other questions. The app applies a layer of artificial intelligence to enhance the information gathering process. Listen to what these innovators had to say about the Crowell & Moring IP Check-Up application, and take it for a test drive yourself. Or, here is a quick video of someone using the app. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com. | |||
| 16 Nov 2021 | The Cyber Insurance Market Has Problems: A Conversation with Tom Johansmeyer | 00:42:17 | |
“Facing the prospect of major financial fallout from an attack, C-suites around the world have turned to cyber insurance. Insurers are issuing more policies, and the amounts of protection available are increasing. In 2020, according to data proprietary to the team I lead, the global insurance community saw the first cyber insurance program to exceed $1 billion — and the second. However, the momentum that has propelled the sector this far may be running out. The cyber insurance sector may still be in its infancy, but there are signs that it’s hit a (hopefully temporary) plateau.” | |||
| 30 Nov 2021 | Broken Privilege and IoT with Kathryn Rattigan | 00:40:44 | |
There are now billions and billions of interconnected devices in the world with more coming online every day. Smart cars. Smart cities. Smart agriculture and so much more. Even our pets are connected. And you have to look no further than the Colonial Pipeline ransomware attack to see the real-world consequences of what criminals can pull off by connecting with things large and small. Worried about your privacy? Well. There is plenty to worry about. Fortunately we also have a lot of people fighting back on the technical, security, law enforcement, and legal fronts. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Kathryn is, please drop me a note at Editor@LitigationConferences.com. | |||
| 14 Dec 2021 | The Rise of the Robojudges with Professor Josh Davis | 00:59:12 | |
According to an article written by our guest, "Some of the most exciting, vexing, and terrifying issues at the intersection of AI and law involve robojudges. Can we build a robojudiciary that replaces human judiciaries? Should we? Doing so would massively disrupt how our legal systems operate. It also might transform democratic self-government." I have to ask: Would any of that be so bad? It's not like humans are doing such a bang-up job. The risk, of course, is what if we get it all wrong? Finally, remind me never to assume anything when I ask Josh a question. I said something like, "Surely we're not talking about sci-fi robots here," to which he basically said, "Not so fast." This happened more than once. When will I learn? | |||
