Emerging Litigation Blog
Edited and curated by Tom Hagy, this blog features articles from the Journal on Emerging Issues in Litigation, episodes of the Emerging Litigation Podcast, webinars produced by HB Litigation and Critical Legal Content, and guest posts. Many of the contributions come from the Editorial Advisory Board for the Journal on Emerging Issues in Litigation, published by Fastcase Full Court Press. The podcast is a collaboration between HB, CLC, Fastcase, and Law Street Media. Contact: Editor@LitigationConferences.com.
Mitigating Greenwashing Litigation Risks with Ramya Ravishankar
In this episode, we discuss mitigating greenwashing litigation risks with guest Ramya Ravishankar, General Counsel at HowGood, an independent research firm that helps the world’s largest food brands meet their sustainability commitments. Listen and learn more!
Automation Comes to Our Litigation Nation with James Lee
In this episode, we discuss litigation automation and another case in which innovators are using artificial intelligence to transform legal operations with guest James M. Lee, co-founder and CEO of LegalMation. Listen and learn more!
Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone
In this episode, we discuss the state of biometric privacy litigation, the regulatory landscape, insurance coverage considerations, and recent rulings with guests John Leonard and Cort Malone of Anderson Kill P.C. Listen and learn more!
Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles
In this episode, Sara Lord of Legal Metrics speaks with Gary Miles, success coach and former litigator. about the professional dissatisfaction litigators experience when the pursuit of fulfillment clashes with high-stress demands, and practical strategies for managing anxiety and embracing mindfulness. Listen and learn.
Litigation Prognostication with Dan Rabinowitz
In this episode, Dan Rabinowitz, Co-Founder and CEO of Pre/Dicta, discusses how the power of technology will make predicting litigation as commonplace as predicting the weather. He also shares insights into a study Pre/Dicta conducted that tested assumptions about judges based on their political affiliations. Listen and learn!
AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller
The authors, Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller analyze two novel AI lawsuits and highlight recent governmental guidance related to AI use in the employment context and the implications of possible discriminatory conduct stemming from the use of AI tools. "AI is here to stay," they write. "Whether companies choose AI technology for any 'employment decision,' companies must keep themselves up to date on any issued guidance and must actively monitor AI tools to prevent any possible discriminatory outputs."
Protecting Policyholders as AI Is Developed for Insurance Claims Handling by Marshall Gilinsky and Madison Marlow
The authors, Marshall Gilinsky and Madison Marlow discuss the integration of artificial intelligence (AI) within the insurance industry and outline the potential consequences of diminished human oversight in AI-driven insurance claims handling, highlighting the need for watchdogs and regulators to demand that AI tools under development afford “explainability” and protect policyholder rights.
Adapting to AI: Taking a Practical Approach to Governance by Blair Robinson
The author, Blair Robinson of Robinson+Cole discusses the need for a practical AI governance framework that businesses must embrace to harness AI’s transformative promise responsibly, encompassing a diligent, strategic, and technically nuanced governance approach. As she notes, "taking a methodical and use-case-driven approach may allow a business to embrace the transformative power of AI in critical areas while managing “wild west”-style use by employees without governance approval".
Top Legal Risks with Generative AI by Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright
The authors, Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright discuss recent court cases which have brought to the forefront the top legal risks associated with the use of Generative AI.
The Use and Abuse of the Pollution Exclusion by Robert D. Chesler, Dennis J. Artese, and Jamie O’Neill
The authors, Robert Chesler, Dennis Artese, and Jamie O'Neill of Anderson Kill examine recent court decisions and ongoing cases that have brought to the forefront the critical issue of the reach of pollution exclusions in insurance policies.
Technology-Assisted Review: Sara Lord Interviews Data Scientist Lenora Gray
In this episode, Sara Lord of Legal Metrics speaks with Lenora Gray of Redgrave Data about eDiscovery in the practice of litigation and how it has been transformed by technology-assisted review tools – or TAR, and how these tools work. Every litigator needs to understand how eDiscovery tools work. They should be able to answer questions around the approach being used, why that approach was chosen, the reliability of the assisted review, what human oversight was implemented, and more. Listen and learn. PLUS: Watch the video for outtakes and bonus content!
Jury Selection in the Age of Conspiracy Theories and Distrust with Tara Trask
In this episode, we discuss picking juries in an age of misinformation, general distrust, tribalism, unleashed social media surfers, and unorthodox legal strategies unfolding on a daily basis with Tara Trask of Trask Consulting, jury and trial expert. "Jury service is an opportunity for everyday Americans to interact with an important institution, our courts, and play their part as citizens,"Trask says. "The court system could very well be our saving grace in trying to hang on to our democracy." Listen now.
Transforming Legal Workflows with AI: Sara Lord Interviews Tara Emory and Wilzette Louis
In this episode, Sara Lord of Legal Metrics speaks with Tara Emory and Wilzette Louis of Redgrave Data about the game-changing potential of robotic process automation and AI, and how these are not just futuristic concepts but practical solutions to today's legal challenges. As Tara notes, "Wherever your team is spending most of its time on manual tasks, that’s where you can further automate with technology and get the most benefit". Wilzette adds, "AI-driven automation technology can take different aspects of an entire workflow and bring them into a set of processes that a software robot can perform for you. Soon, adopting such technology will be a must for firms to compete". Listen and learn more!
The Intersection of Generative AI and the Legal Profession with Niki Black
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!