Emerging Litigation Podcast
CEO Depositions and the Apex Doctrine with Rachel Lary
Can a CEO be forced to sit for a deposition? In this episode of the Emerging Litigation Podcast, national trial lawyer Rachel M. Lary of Lightfoot, Franklin & White unpacks the Apex Doctrine—a legal standard designed to shield high-ranking executives from unnecessary depositions. Rachel explains how courts assess executive knowledge, alternative discovery options, and the growing body of case law shaping this issue across jurisdictions. A must-listen for litigators navigating discovery strategy in high-stakes cases.
From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick
Trial attorney and litigation consultant Elizabeth Larrick shares what more than 1,000 virtual focus groups have taught her about trial prep, from testing case narratives to refining jury selection. In this episode of the Emerging Litigation Podcast, discover how Zoom-based sessions reveal surprising insights into witness credibility, evidence presentation, and what really resonates with jurors—yes, even their take on orange socks.
Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab
In this episode of the Emerging Litigation Podcast, you will discover the legal complexities of wildfire litigation as Ed Diab, founding partner of Diab Chambers LLP, unpacks the strategies used to establish liability against utility companies in the wake of Southern California’s devastating January 2025 wildfires. With over 100 lawsuits filed against power providers like Southern California Edison, plaintiffs—including public entities, individuals, and insurers—face an uphill battle proving negligence and inverse condemnation claims. Ed shares insights on case-building strategies, the role of expert investigations, key legal defenses raised by utilities, and the evolving litigation landscape. Tune in for a deep dive into how these high-stakes cases unfold. Don't miss this episode!
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Emerging Litigation Journal
Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability
Social media platforms are under mounting legal pressure as courts scrutinize how algorithms amplify dangerous viral trends. In Nazario v. ByteDance Ltd., a New York judge allowed a wrongful death lawsuit against Meta and TikTok to move forward after a teen died attempting a “subway surfing” stunt allegedly promoted by their platforms. In this article, Tom Hagy examines how the decision challenges long-standing Section 230 protections and signals a shift toward treating social media as potentially defective products when design and targeting harm young users. This case—and others involving viral challenges and youth safety—may redefine platform liability for years to come.
Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility
The world’s leaders still don’t agree on what, if anything, to do about climate change – despite mounting evidence that, as a planet, we are in the soup. A major ruling from the International Court of Justice says states have an obligation to save the planet, as the U.S. president is enthusiastically sprinting the other way, inspiring cheers from his base and jeers from scientists. As for domestic litigation designed to pin liability on the fossil fuel industry, a case in South Carolina faltered as another in Hawaii is clearing hurdles. Read the update from Tom Hagy.
CEO Depositions and the Apex Doctrine with Rachel Lary
Can a CEO be forced to sit for a deposition? In this episode of the Emerging Litigation Podcast, national trial lawyer Rachel M. Lary of Lightfoot, Franklin & White unpacks the Apex Doctrine—a legal standard designed to shield high-ranking executives from unnecessary depositions. Rachel explains how courts assess executive knowledge, alternative discovery options, and the growing body of case law shaping this issue across jurisdictions. A must-listen for litigators navigating discovery strategy in high-stakes cases.
HB Webinars on CeriFi LegalEdge
Sexual Abuse & Insurance
Join Marshall Gilinsky and John Lacey of Anderson Kill, along with Brian Della Torre of ARMR, for a CLE webinar focused on navigating sexual abuse claims through insurance recovery. Learn how to locate and leverage historic liability policies, understand allocation and occurrence issues, and overcome common insurer defenses. Discover how institutions can access valuable coverage through strategic claims, litigation tactics, and insurance archaeology.
Am I Covered For? . . . A Discussion of Insurance Coverage Issues
Join Steven J. Pudell and Christina Yousef of Anderson Kill and William Harrison of Gallagher for an engaging CLE webinar introducing the fundamentals of insurance coverage. This session breaks down the differences between first-party and third-party claims and provides an overview of key insurance policies—including general liability, property, D&O, E&O, employment practices, cyber, commercial crime, and product recall. Through real-world examples and practical tips, the panel will highlight common challenges policyholders face and how courts have addressed key coverage issues. Ideal for those new to insurance or looking for a comprehensive refresher.
Cyber and Privacy Risk and Insurance in 2025: Part I—”the Basics”
Join leading experts Joshua Gold and Luma Al-Shibib of Anderson Kill, P.C., and Miranda Jannuzzi of Aon for Cyber and Privacy Risk and Insurance in 2025: Part I—"The Basics”, a foundational CLE webinar that explores the evolving cyber threat landscape and how insurance can (or can’t) help mitigate losses. Learn about key cyberattack vectors, common pitfalls in the path to coverage, and the latest developments in privacy-related risks and insurance products. Ideal for those looking to strengthen their understanding of cyber risk and insurance fundamentals.
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