The Intersection of Generative AI and the Legal Profession with Niki Black

March 17th, 2024|Categories: ELP|Tags: , , , , , , , , , , , , , |

In this episode, we discuss the current state and future of generative artificial intelligence and the practice of law with Nicole Black, attorney, legal tech journalist, and author. As she notes, "The legal field is one of the most likely to be impacted by generative AI because the technology can significantly replace certain workflows or assist with those workflows in impactful ways". Listen and learn more!

The Corporate Transparency Act: A New Effort to Fight Money Laundering with Lori Smith

February 29th, 2024|Categories: ELP, HB Emerging Law Notes|Tags: , , , , , , , , , , , , |

In this episode, we discuss the Corporate Transparency Act (CTA) with Lori Smith of Stradley Ronon, including the key facets of the Act's requirements, potential penalties, and chances for litigation. As Lori notes, "the U.S. is one of the few countries in the world where you can form entities, and nobody can tell who owns them". The CTA aims to prevent this from being the case. Listen and learn more!

Litigators, YES Litigators: One Attorney’s Journey Within and Without the Legal Industry

February 19th, 2024|Categories: ELP|Tags: , , , , , , , , , , , , , |

In this episode, we discuss all the things one former litigator, Somya Kaushik, Senior Corporate Counsel at Mineral and Adjunct Professor of Law at Lewis & Clark Law School 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). As she notes, "a litigator is well-positioned to identify actual but often overlooked legal risks, effectively mitigating issues and reducing both business and legal risks". Listen and learn more!

Massive Mass Tort Settlements and Liability Forecasting

February 1st, 2024|Categories: ELP|Tags: , , , , , , , , , , , , |

In this episode, we discuss Liability Forecasting and the role it plays in the administration of massive, sometimes multi-billion-dollar mass tort settlement trusts with guests Mark Eveland and Ed Silverman of 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. Liability forecasting mechanisms were built to fairly and judiciously compensate current and future claimants for their injuries. Listen and learn more!

Navigating International Discovery

January 31st, 2024|Categories: ELP|Tags: , , , , , , , , , , , , , |

In this episode, we discuss navigating the complexities of international discovery with Ben Daniels of Robinson+Cole and the benefits of understanding jurisdictional differences and having specialized tools and strategies to cut through the complexities. As Ben notes, "if you litigate in a foreign court, discovery, as it is known in the U.S., is not going to happen. But parties often forget a powerful tool to get around those restrictions". Listen and learn more!

Fresh Produce Law, Contracts, and Risks

January 31st, 2024|Categories: ELP|Tags: , , , , , , , , , , , , , , , , , , , , , , |

In this episode, we discuss Fresh Produce Transportation Law with Katy Esquivel of Esquivel Law Chartered and the challenges of transporting fresh fruits and vegetables from farms to stores in a safe and timely manner. What legal and reputational risks do growers, brokers, and shippers face? What laws come into play? What are the essential components of contracts among participants in the supply chain? As Katy notes, "there is nobody in this country with a more tangible vested interest in the safety of produce than growers and everyone along the supply chain".  Listen and learn more!

Machines Inventing Machines: Artificial Intelligence and Patent Law

January 12th, 2024|Categories: ELP|Tags: , , , , , , , , , , , , , , , , , |

In this episode, we talk to Robert A. McFarlane of Hanson Bridgett LLP about artificial intelligence in the world of invention and questions raised in 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. Listen and learn more!

The Awesome Potential of Advanced Dispute Resolution

December 22nd, 2023|Categories: ELP|Tags: , , , , , , , , , , , , , , , , , |

In this episode we talk to Rich Lee, founder of New Era ADR, about hot topics and issues involving what is referred to here as "Advanced Dispute Resolution", or ADR. What are the benefits of ADR? How can ADR enhance Access to Justice? How does employing ADR impact Accessibility, Diversity, and the Environment? What is the influence of Gamesmanship in legal proceedings? As Rich explains, "ADR is about rethinking litigation to make it more efficient for both sides. Get parties to be pragmatic, get to the point, present their arguments, and get it resolved". Listen now to learn more!

Applying Business Strategy to Your Law Firm

December 22nd, 2023|Categories: ELP|Tags: , , , , , , , , , , , , , , |

In this episode of the Emerging Litigation Podcast, we hear from James Grant about looking strategically at your law firm as you would any business and explore one litigation firm’s journey through that transformative process. As he argues, "lawyers must learn AI now or else watch their competition fly past them in operational efficiency, customer service, and client retention". Listen to learn more!

PFAS Regulation, Litigation, and Differentiation

November 9th, 2023|Categories: ELP|Tags: , , , , , , , , , , , , , , , , , , , , |

In this episode, we give you some history of the PFAS compounds, discuss some of their 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. Listen to our guests David Marmins and Morgan Harrison of Arnall Golden Gregory LLP.

ESG Programs and the Lawyer’s Role

October 6th, 2023|Categories: ELP|Tags: , , , , , , , , , , , , , , , , , , , , |

In this episode, we discuss the role of attorneys and in-house counsel in the courageous new world of Environment, Social, and Governance Issues, or ESG. How can law firms themselves adopt ESG practices and what role do they play with clients? How can in-house counsel drive ESG initiatives? What are the pitfalls and risks? And have you ever wondered how rating organizations work? Listen now!

Natural Gas Bans and Bans on Bans

September 25th, 2023|Categories: ELP|Tags: , , , , , , , , |

The Ninth Circuit Court of Appeals recently struck down Berkeley, California's ban on natural gas infrastructure in new buildings as a violation of federal law. As we will continue to see more such bans, our guest shares insights on how similar cases may be treated -- and much more.

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