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.
How AI Is Transforming the Practice of Law with Cristin Traylor
Artificial intelligence is rapidly changing legal practice, but where does it deliver real value—and where is human judgment still essential? Cristin Traylor of Relativity joins Tom Hagy to discuss generative AI in legal workflows, discovery, defensibility, validation, and what lawyers should consider before relying on AI-generated results.
The Texas Two-Step: Testing Bankruptcy Law and Jury Rights with Adam Silverstein
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
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.
HIPAA Meets Social Media Marketing with Liz Heddleston and Leah Stiegler
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.
Bridge Funding for Injured Plaintiffs with Milestone Foundation’s Rachel McCarthy
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
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.
How Product Brands Navigate Today’s Dupe Economy with Tiffany Gehrke and Alexa Spitz
The rise of the “dupe economy” is changing how brands approach intellectual property enforcement. In this episode, Tiffany D. Gehrke and Alexa Spitz discuss how trademark law, trade dress, platform takedowns, and e-commerce enforcement strategies are evolving as copycat products spread rapidly across online marketplaces and social media.
Why a Big-Law Litigator Went Fractional with Jonathan Sablone
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
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.
One Size Fits None in Modern Employment Law with Jerry Maatman
In this episode of the Emerging Litigation Podcast, Tom Hagy speaks with employment law expert Gerald L. Maatman, Jr. about how remote work, ADA compliance, workforce reductions, arbitration, DEI policies, and AI are reshaping modern employment law. The conversation highlights practical strategies for managing risk, ensuring compliance, and building defensible workplace policies in a rapidly evolving legal landscape.
DOJ’s AI Litigation Task Force and What It Signals for Corporate AI Governance with Adria Perez
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.
FTC Warns Law Firms: Rethink Your Diversity Collaborations — Listen Now!
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.
Cannabis Laws & Workplace Drug Testing: What Employers & Employees MUST Know in 2026
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.
An Innovative New Law Firm Self-Ranking Tool with Molly Huie and Sara Lord — Listen Now!
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.