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From AI Principles to Proof: What DOJ Scrutiny Means for Corporate Governance

March 5th, 2026|Categories: Emerging Litigation & Risk, Journal, Law Firm Operations, New Featured Post for Home Page, News|Tags: , , , , |

In this article, Tom Hagy and Reed Smith partner Adria Perez examine how the Department of Justice’s new AI Litigation Task Force is shifting corporate expectations from AI principles to proof. Drawing on insights from The Emerging Litigation Podcast, they discuss how regulators now expect companies to demonstrate real oversight, documented controls, and defensible governance as AI becomes embedded in compliance, investigations, and corporate decision-making.

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SCOTUS Rejects Contractor Immunity Sought by Prison Company

March 2nd, 2026|Categories: Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , |

In a unanimous decision, the Supreme Court held in The GEO Group, Inc. v. Menocal that private government contractors cannot claim “derivative sovereign immunity” to avoid suit. Writing for the Court, Justice Kagan clarified that the Yearsley doctrine provides only a defense to liability—not immunity from litigation—and never shields unlawful conduct. The ruling ensures that claims alleging forced labor at a privately operated immigration detention facility will proceed on the merits and reinforces that sovereign immunity belongs to the government alone.

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DOJ’s AI Litigation Task Force and What It Signals for Corporate AI Governance with Adria Perez

March 2nd, 2026|Categories: Corporate Compliance, ELP, New Featured Post for Home Page|Tags: , , , |

In this episode, host Tom Hagy speaks with Reed Smith partner Adria Perez about the DOJ’s AI Litigation Task Force and what it signals for corporate AI governance. They examine how regulators are shifting from high-level AI principles to demanding documented controls, audit trails, and defensible oversight—and what legal departments must do to meet rising enforcement and board-level expectations.

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Summary Judgment and Sham Affidavits: Protecting Your Motion from Contradictory Testimony

March 2nd, 2026|Categories: Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , , , , , , |

In this article, Cat Gavrilidis of Swift Currie examines how inconsistent testimony can undermine summary judgment and how courts apply the sham affidavit rule when affidavits contradict prior deposition statements. She explores jurisdictional differences and outlines practical steps attorneys can take to prevent contradictions, correct the record, and protect a well-founded motion before trial.

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Habeas Corpus in Real Time: Minnesota’s Detention Docket Dusts Off Ancient But Foundational Remedy

February 26th, 2026|Categories: Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , |

A surge of emergency habeas corpus petitions in Minnesota is reshaping immigration detention litigation. Federal judges are issuing expedited orders, blocking detainee transfers, and demanding immediate statutory justification for custody. With cases such as Hassan v. Bondi, Astudillo Laica v. Bondi, and U.H.A. v. Bondi, courts are treating habeas review as urgent injunctive relief while confronting jurisdictional risks and mandatory-versus-discretionary detention disputes. As practitioners like E. Michelle Drake of Berger Montague navigate a rapidly expanding docket, Minnesota has emerged as a focal point in a nationwide rise in detention challenges—highlighting the continuing power of habeas corpus as a real-time check on executive detention authority.

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FTC Warns Law Firms About Diversity Certifications – This Time Alluding to Antitrust

February 18th, 2026|Categories: Emerging Litigation & Risk, Journal, New Featured Post for Home Page, News|Tags: , , , , |

The FTC has warned major U.S. law firms that participation in diversity certification programs could raise antitrust concerns, framing coordinated diversity efforts as a potential labor-market competition issue. This article examines the Commission’s cautionary letters regarding the Mansfield Certification program, the broader pattern of executive branch pressure on law firms and media organizations, and recent court decisions addressing discrimination claims and government retaliation. It also explores how antitrust enforcement, free speech concerns, and regulatory scrutiny are converging to reshape the legal and media landscapes. As political pressure and enforcement intensify, firms must reassess collaborative initiatives while preserving independence and competitive integrity.

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FTC Warns Law Firms: Rethink Your Diversity Collaborations — Listen Now!

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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Using AI to Strengthen Law Firm Content Development – JD Supra ‘Office Hours’ with Tom Hagy

February 8th, 2026|Categories: Emerging Litigation & Risk, Journal, Law Firm Operations, New Featured Post for Home Page, News|Tags: , , |

In a JD Supra Office Hours session, legal content strategist Tom Hagy shared practical guidance on how law firm marketers can use AI to strengthen — not replace — their content development process. Framing AI as an editorial assistant rather than an author, Hagy explained how marketers can use the technology to generate better ideas, improve structure, translate legal complexity for business audiences, and repurpose existing firm content more effectively. He also emphasized that human judgment remains essential for accuracy, voice, and credibility. The discussion offers a clear, practical roadmap for integrating AI into law firm marketing workflows while maintaining editorial standards and client trust.

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Opioid Addiction Litigation 2026: The New Post-Mega-Settlements Normal, Why Tribal Claims Are Central, and a Federal Pullback on Treatment Programs

February 7th, 2026|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , |

Opioid litigation has entered a new phase defined less by courtroom trials and more by long-term settlement governance, tribal sovereignty, and evolving bankruptcy law. National opioid settlements now fund abatement through strict reporting and multi-year payment schedules, while Tribal Nations administer parallel sovereign recovery systems. At the same time, the Supreme Court’s Harrington v. Purdue Pharma decision has reshaped how mass-tort bankruptcies resolve claims. Yet as litigation-driven funding stabilizes, federal support for addiction treatment and overdose prevention faces deep cuts and growing uncertainty. Together, these developments show opioid litigation moving into a complex era where courts, settlements, and public policy intersect.

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HB Environmental Update | Tuesday, Feb. 3, 2026 | Climate Funding, Wind Power, Wild Horses, PFAS Regs, PFAS Settlement, and the Decades of Debate Over the Pollution Exclusion

February 6th, 2026|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: , , , |

Environmental law is entering another period of rapid change, as courts step in to define the limits of agency authority, corporate responsibility, and insurance coverage. Federal climate funding disputes now turn on contract law rather than administrative review. International prosecutors are bringing environmental crime cases. U.S. courts are shaping the future of wind energy projects, forest management, and wild horse policy. At the same time, PFAS regulation and settlement oversight are intensifying, while state high courts weigh in on long-debated insurance exclusions tied to pollution. This week’s developments reflect a legal landscape where judges increasingly steer environmental policy.

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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 — Listen Now!

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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