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ELP: Podcast episodes offer practical and insightful commentary on a variety of topics — new legal theories or areas of litigation

Note: ELP is for Cathy to sort Podcasts in the Sandbox. It will not be a category in the new website

FTC Warns Law Firms: Rethink Your Diversity Collaborations

February 13th, 2026|Categories: ELP, New Featured Post for Home Page|Tags: , |

The FTC has warned dozens of major U.S. law firms that participation in diversity certification programs could raise antitrust concerns. This episode examines the agency’s cautionary letters regarding the Mansfield Certification program, the potential for coordinated diversity efforts to be viewed as labor-market collusion, and the broader regulatory pressure facing law firms and media organizations. It also explores recent court decisions, executive branch enforcement trends, and the growing intersection of antitrust law, free speech, and diversity initiatives. As scrutiny intensifies, firms must navigate evolving legal risks while maintaining independence and competitive integrity.

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Cannabis Laws & Workplace Drug Testing: What Employers & Employees MUST Know in 2026

January 28th, 2026|Categories: ELP, New Featured Post for Home Page|Tags: , |

As cannabis laws continue to evolve nationwide, employers and employees are facing new questions about drug testing, workplace safety, and legal compliance. In this episode, labor and employment attorney Keya Denner of Constangy, Brooks, Smith & Prophete explains how changing cannabis policies intersect with the ADA, privacy rights, and fitness-for-duty requirements. The discussion covers documentation best practices, reasonable accommodation, and how legal drug use affects workplace policies. Essential listening for HR professionals, business leaders, and anyone navigating substance use, safety obligations, and employment law in a rapidly shifting legal landscape.

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An Innovative New Law Firm Self-Ranking Tool with Molly Huie and Sara Lord

January 27th, 2026|Categories: ELP, New Featured Post for Home Page|Tags: , |

What if law firms could measure success using more than just headcount and revenue? In this episode, Molly Huie of Bloomberg Industry Group joins data strategist Sara Lord of Reed Smith to discuss Bloomberg’s innovative Leading Law Firms self-ranking tool. The program blends financial strength, talent, innovation, growth, and excellence metrics into an interactive platform that helps firms benchmark performance in a more meaningful way. The conversation explores how the tool benefits business development leaders, managing partners, and firms of all sizes seeking data-driven insights.

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Agentic AI on Trial: You Be The Judge Part 1 – Medical Diagnostics | Featuring An AI Expert, a Google Cloud Exec, and a Florida Circuit Judge

January 25th, 2026|Categories: ELP, New Featured Post for Home Page|Tags: , , , |

When autonomous AI systems make life-and-death decisions, who is responsible when something goes wrong? In Part 1 of the Agentic AI on Trial series, Galina Datskovsky, PhD, Marina Kaganovich, and Hon. Lisa Walsh examine a hypothetical agentic AI mammography triage system designed to operate with minimal human oversight. The panel explores accountability across developers, hospitals, clinicians, and data providers—and whether new standards of care are emerging for machine decision-making. A must-listen for health tech, compliance, and healthcare operations professionals navigating the legal and operational risks of autonomous AI.

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Artificial Intelligence on Your Trial Team with Adam Massaro on the Emerging Litigation Podcast

November 23rd, 2025|Categories: ELP, Emerging Litigation & Risk, Intellectual Property|Tags: , , |

Artificial intelligence is quickly becoming a powerful asset for modern trial teams. In this episode of the Emerging Litigation Podcast, litigator Adam Massaro breaks down how AI is reshaping trial preparation—from sharpening expert cross-examinations to streamlining evidence management and elevating witness preparation. He explains why structured data and precise prompts are essential to unlocking AI’s full potential, and how these tools can help attorneys evaluate case strength, refine strategy, and anticipate challenges long before entering the courtroom. A must-listen for anyone integrating AI into litigation practice.

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Unraveling “Reverse Discrimination” with Employment Attorney Leah Stiegler on the Emerging Litigation Podcast

October 18th, 2025|Categories: Corporate Compliance, ELP, Emerging Litigation & Risk, Employment|Tags: , , , , |

What happens when workplace discrimination claims come from members of majority groups? In this episode of the Emerging Litigation Podcast, attorney Leah Stiegler of Woods Rogers unpacks the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services. The Court’s ruling—eliminating the “background circumstances rule”—marks a major shift in how discrimination cases are evaluated, reinforcing that Title VII protects everyone equally. Leah shares insights from mock jury trials, explores how geography and community values affect verdicts, and breaks down what employers should know about evolving discrimination standards.

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Authentic Business Development for Litigators: Stop Chasing Cases and Start Building Clients with John Reed on the Emerging Litigation Podcast

October 16th, 2025|Categories: Complex Business Litigation, ELP, New Featured Post for Home Page|Tags: , , |

What if waiting for lawsuits is the worst growth strategy a litigator can have? In this episode of the Emerging Litigation Podcast, host Tom Hagy speaks with John Reed, founder of Rain BDM and host of Sticky Lawyers, about how litigators can build authentic, lasting client relationships instead of chasing the next case. John shares practical insights on defining your professional brand, using emotional intelligence in business development, and adapting your natural style—especially for introverts or those navigating remote mentorship. Whether you’re a new associate or a seasoned partner, this episode offers a roadmap for making your practice more resilient, visible, and genuinely client-centered.

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New and Improved Antitrust Whistleblowing Incentives with Julie Bracker and Dan Mogin on the Emerging Litigation Podcast

October 8th, 2025|Categories: ELP, New Featured Post for Home Page|Tags: , , |

Can whistleblowers reshape antitrust enforcement the way they’ve exposed fraud in other industries? In this episode of the Emerging Litigation Podcast, host Tom Hagy talks with Julie Keeton Bracker of Bracker & Marcus and Dan Mogin of Mogin Law about the Department of Justice’s new push to encourage insider reporting in antitrust cases. They explore the history of qui tam actions, the power of the False Claims Act, and how individuals could soon play a bigger role in uncovering price-fixing, bid-rigging, and other anti-competitive schemes.

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Resolving Business Disputes Without Burning Bridges Featuring Judge Alan Fine on the Emerging Litigation Podcast

October 7th, 2025|Categories: ELP, New Featured Post for Home Page|Tags: , , |

In this episode of the Emerging Litigation Podcast, retired Judge Alan Fine of Private Resolutions explores how businesses can resolve disputes without destroying valuable relationships. Drawing on decades of experience on the bench and in commercial litigation, Judge Fine explains the pros and cons of mediation, arbitration, and “private judging,” which allows parties to choose their own judge and resolve matters quickly and confidentially. He shares how aligning your dispute resolution strategy with business objectives—rather than emotions—can preserve partnerships, save time, and achieve fair results.

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Insurance Coverage Litigation’s Modern Mayhem with Jeremy Moseley on the Emerging Litigation Podcast

September 17th, 2025|Categories: ELP, Insurance, New Featured Post for Home Page|Tags: , , |

Insurance coverage litigation isn’t what it used to be. In this episode of the Emerging Litigation Podcast, Jeremy Moseley of Spencer Fane unpacks how automation, AI, climate change, and “social inflation” are reshaping risks and fueling high-stakes disputes. From thermonuclear verdicts to dangerous policy gaps, Jeremy offers sharp, practical insights into what insurers, policyholders, and lawyers should expect next.

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Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke on the Emerging Litigation Podcast

September 7th, 2025|Categories: ELP, Intellectual Property, New Featured Post for Home Page, Technology Law|Tags: , , |

What happens when artificial intelligence collides with copyright law? In this episode of the Emerging Litigation Podcast, intellectual property attorneys Ryan Phelan and Tiffany Gehrke of Marshall, Gerstein & Borun LLP unpack two landmark court decisions on fair use and AI training data. They explain why courts found AI training to be “transformative use,” how judges are treating legally obtained versus pirated data, and why algorithmic outputs could be the real battleground ahead. With deep expertise in technology and IP law, Ryan and Tiffany offer practical insights into how these rulings may shape the future of AI, copyright, and innovation.

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CEO Depositions and the Apex Doctrine with Rachel Lary on the Emerging Litigation Podcast

August 7th, 2025|Categories: Complex Business Litigation, ELP, New Featured Post for Home Page|Tags: , , , , , , |

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.

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