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The Texas Two-Step: Testing Bankruptcy Law and Jury Rights with Adam Silverstein

September 7th, 2026|Categories: ELP, Emerging Litigation & Risk, Mass Torts|Tags: , , |

Can financially healthy companies use bankruptcy to resolve billions of dollars in mass tort claims? Plaintiff lawyer Adam Silverstein of Otterbourg examines the Texas two-step, Johnson & Johnson’s unsuccessful talc bankruptcy attempts, the impact of the Supreme Court’s Purdue decision, and the tension between Chapter 11 and plaintiffs’ jury trial rights.

The Hidden Danger of Carbon Monoxide: Proving Exposure, Brain Injury & Liability with Sam Cannon

August 30th, 2026|Categories: ELP, Emerging Litigation & Risk|Tags: , , , |

Carbon monoxide poisoning can cause devastating injuries while leaving victims and attorneys with difficult questions about exposure, causation, and liability. Attorney Sam Cannon of Cannon Law discusses how carbon monoxide cases are investigated, how brain injuries are proven, and why deferred maintenance, expert testimony, and multiple responsible parties can become critical to the litigation.

War Risk Insurance and Exclusion | Webinar for CLE Credit

August 2nd, 2026|Categories: CLE OnDemand, Emerging Litigation & Risk, Insurance, New Featured Post for Home Page, New Webinars|Tags: , , , , , |

War risk exclusions can determine whether a multimillion-dollar loss is covered or excluded. This CLE webinar examines the legal principles governing war risk insurance, political risk coverage, terrorism exclusions, cyber war claims, and the landmark cases that continue to shape insurance recovery. Featuring Robert M. Horkovich of Anderson Kill and Rich Boone of Wilson Elser, the program provides practical guidance for evaluating policy language, analyzing exclusion defenses, and developing effective recovery strategies in an evolving geopolitical and cyber risk environment.

AI and the Law: A Year-End Retrospective 2025 and Beyond | Webinar for CLE Credit

July 26th, 2026|Categories: CLE OnDemand, Emerging Litigation & Risk, New Featured Post for Home Page, New Webinars|Tags: , , , , , , , |

Artificial intelligence continues to reshape the legal landscape, bringing new litigation risks, evolving regulatory obligations, and complex governance challenges. In this CLE webinar, Abigail Damsky, Jamie O'Neill, and Seán McCabe of Anderson Kill examine the legal developments that continue to influence AI-related litigation and compliance, including privacy and biometric claims, copyright disputes, AI washing, algorithmic discrimination, product liability, antitrust concerns, and the expanding global regulatory framework. Gain practical insights into the cases, trends, and governance considerations that remain highly relevant for legal professionals advising clients on AI risk.

HIPAA Meets Social Media Marketing with Liz Heddleston and Leah Stiegler

June 22nd, 2026|Categories: ELP, Emerging Litigation & Risk, New Featured Post for Home Page|Tags: , , |

Healthcare providers increasingly use social media, patient testimonials, influencer partnerships, and AI-assisted content to engage patients and build their brands. But as recent OCR enforcement actions demonstrate, these marketing efforts can create significant HIPAA risks when protected health information is disclosed without proper authorization. In this episode, Liz Heddleston and Leah Stiegler discuss the Cadia Healthcare settlement, emerging compliance challenges, and what healthcare organizations need to know to navigate the intersection of privacy, marketing, and regulatory enforcement.

Medicare Set-Asides in Catastrophic Injury Cases: What Plaintiff Lawyers Get Wrong—and How It Costs Their Clients Millions | Webinar for CLE Credit

June 16th, 2026|Categories: CLE OnDemand, Emerging Litigation & Risk, Insurance, Mass Torts, New Featured Post for Home Page, New Webinars|Tags: , , , |

Medicare issues can significantly affect the value and outcome of catastrophic injury settlements. In this webinar, Brett Newman and Franklin Solomon examine Medicare reimbursement claims, Medicare Set-Asides, the Medicare Secondary Payer Act, and settlement planning strategies that help plaintiff attorneys protect client recoveries while avoiding unnecessary compliance burdens and costly mistakes.

Bridge Funding for Injured Plaintiffs with Milestone Foundation’s Rachel McCarthy

June 13th, 2026|Categories: ELP, Emerging Litigation & Risk|Tags: , , |

How do injured plaintiffs cover basic living expenses while waiting for their cases to resolve? In this episode, Rachel McCarthy of the Milestone Foundation discusses the role of plaintiff funding, the differences between nonprofit and traditional funding models, and the access-to-justice challenges that arise when financial hardship influences litigation outcomes.

What Has Happened to Law Firms with Mark Zauderer

June 7th, 2026|Categories: ELP, Emerging Litigation & Risk, Law Firm Operations|Tags: , , , |

How did law firms evolve from professional partnerships into large business enterprises? In this episode, Mark C. Zauderer reflects on five decades of change in the legal industry, examining the rise of centralized management, the decline of mentorship, growing profitability pressures, and the influence of political and social forces on modern law firms.

Why a Big-Law Litigator Went “Fractional”: Jonathan Sablone on Building Sablone Advisory

May 30th, 2026|Categories: Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , , |

n this article based on a recent Emerging Litigation Podcast conversation, Tom Hagy explores why veteran litigator Jonathan Sablone left Big Law to launch a fractional legal services practice. The discussion examines litigation management, alternative fee arrangements, and the growing demand for experienced legal counsel on a flexible basis.

Why a Big-Law Litigator Went Fractional with Jonathan Sablone

May 2nd, 2026|Categories: ELP, Emerging Litigation & Risk, Law Firm Operations|Tags: , , , , |

The traditional path from outside counsel to full-time in-house lawyer is evolving. In this episode, Jonathan Sablone discusses his transition from Big Law litigator to fractional general counsel, and how companies are leveraging flexible, senior legal talent to manage disputes, risk, and strategy without building a full internal legal department.

Getting Digital Evidence Right with Tim Conlon

April 29th, 2026|Categories: Corporate Compliance, ELP, Emerging Litigation & Risk, Employment|Tags: , , , |

Digital evidence is central to modern litigation, yet it is often misunderstood or underused. In this episode of the Emerging Litigation Podcast, Tim Conlon explains how litigators can more effectively authenticate, preserve, and challenge electronic evidence—from texts and social media to cloud data and email systems—using practical forensic techniques that expose manipulation, concealment, and gaps in the record.

Johnson & Johnson Advances $6.5B Texas Two‑Step Talc Settlement Plan

April 13th, 2026|Categories: Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , |

Read about Johnson & Johnson’s renewed $6.5 billion talc settlement effort through the “Texas Two-Step” bankruptcy strategy, and how the case may reshape mass-tort bankruptcy law, MDL practice, and corporate liability risk management. The article looks beyond the settlement amount to the deeper legal question of whether a solvent parent company can use Chapter 11 to centralize and cap tort exposure.

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