(This is a website section, not category: sandbox)Podcast episodes offer practical and insightful commentary on a variety of topics — new legal theories or areas of litigation

CEO Depositions and the Apex Doctrine with Rachel Lary

August 7th, 2025|Categories: Civil Litigation, Depositions, 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.

From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick

August 7th, 2025|Categories: Complex Business Litigation, ELP, Law Firm Operations, New Featured Post for Home Page, Trial Strategy|Tags: , , , , |

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

March 27th, 2025|Categories: ELP, Environmental Torts, Mass Torts|Tags: , , , , |

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!

Appellate Lawyers at Trial: Don’t Wait Until Your Ox is in the Ditch with Jeff Doss

February 16th, 2025|Categories: Complex Business Litigation, ELP, Law Firm Operations|Tags: , , , , |

In this episode of the Emerging Litigation Podcast, you will discover how appellate counsel can strengthen trial strategy and improve post-verdict outcomes in high-stakes cases. Our guest, Jeffrey P. Doss, a partner in the White-Collar Criminal Defense & Corporate Investigations practice group at Lightfoot, Franklin & White LLC, explores their critical role in error preservation, evidentiary challenges, and navigating appeals. Don't miss this episode!

Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill

January 21st, 2025|Categories: ELP, Emerging Litigation & Risk, Environmental Torts, Insurance|Tags: , , , , |

The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. In this episode, three seasoned attorneys 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. They also talk about 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. Check out our interview with Anderson Kill attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold. They know this area of the law inside and out.

Last Days of Patent Eligibility Confusion with Ryan Phelan

December 23rd, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , |

In this episode, we discuss the intricate landscape of patent eligibility in the United States, twin patent law decisions from the Supreme Court, and the proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions with seasoned patent attorney, Ryan N. Phelan of Marshall Gerstein. Listen now!

IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick

December 17th, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , , , |

In this episode, we discuss the evolving landscape of NFTs – or non-fungible tokens – which 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. Guest Cameron Pick of Marshall Gerstein draws on his expertise in intellectual property law to provide insights into the changing dynamics of NFTs and the legal issues that accompany them. Tune in now!

Humans at Work with Leah Stiegler

November 13th, 2024|Categories: Corporate Compliance, ELP, Emerging Litigation & Risk, Employment|Tags: , , , , , , |

In this episode, Leah M. Stiegler, principal attorney at Woods Rogers, 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. Enjoy now!

When Chemical Crises Strike with Ed Gentle and Kip Benson

November 12th, 2024|Categories: ELP, Emerging Litigation & Risk, Environmental Torts, Mass Torts|Tags: , , , , , , |

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. Listen to our interview with Edgar C. "Ed" Gentle III and Katherine "Kip" Benson of Gentle, Turner & Benson LLC, about legal activity that goes on in the immediate aftermath of a toxic event. Ed and Kip draw on their deep experience resolving this type of litigation to discuss the flurry of activity that unfolds at law firms and inside legal departments within hours of a disaster.

The EPA’s New PFAS Safe Drinking Water Rule with John Gardella

November 12th, 2024|Categories: Corporate Compliance, ELP, Environmental Torts|Tags: , , , , |

In this episode, we dive into one of the hottest topics in environmental law right now: PFAS. Specifically, our guest, John Gardella of CMBG3 Law talks about the EPA’s new PFAS Safe Drinking Water Final Rule, which mandates acceptable levels of PFAS in public water systems. John is a leading voice in PFAS litigation and a recognized thought leader, known for his expertise in environmental and toxic tort litigation. Tune in now!

The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath

September 25th, 2024|Categories: Corporate Compliance, ELP, Emerging Litigation & Risk, Law Firm Operations|Tags: , , , , |

Hey! Corporate corruption costs $5 trillion a year! In this episode two former prosecutors talk about the Foreign Corrupt Practices Act, the government’s leading weapon in its global war on corporate crime. They also talk about the new statute on the block, the Foreign Extortion Prevention Act, and the many complexities of this fascinating area of the law. Check out our interview with Reed Smith attorneys Mark Bini and Tom Suddath. They know this area of the law inside and out.

False Claims Act, Health Care Whistleblowers, and Whistling in the Wind with Justin Lugar

August 17th, 2024|Categories: Complex Business Litigation, Corporate Compliance, ELP|Tags: , , , , |

In this episode, we discuss How whistleblower cases come about, the benefits of rewarding whistleblowers, how things are done differently outside the U.S., what’s driving the acceleration of this area of law, and best practices when your company is served with guest Justin Lugar of WoodsRogers. Drawing on his background as both public servant and private practitioner, Justin walks through these issues and others.

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