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.
The IRS and Rules About Rules
The Administrative Procedures Act outlines the rules of rule making for federal agencies. Lately it has become a focal point in tax litigation, due in large part to the IRS’s record of refusing to comply with the law's notice-and-comment mandate. Listen to learn more about recent trends in tax litigation. Get an article, too.
Law Firm Technology Directors? Yes.
In this episode we talk about the advantages of having technology and software development capabilities inside your law firm. Can you imagine? And we’re not just talking about someone who is adept at unjamming the printer.
Intellectual Property Trial Team Diversity with Tara Trask
Intellectual Property Trial Team Diversity with Tara Trask Diversity and inclusion initiatives aren’t just valuable for checking off compliance boxes and writing marketing copy. Those benefits are a distant second and third to the genuine value team diversity has on the success of a company or a project. That also means law firms [...]
Persuasion as Direct and Honest Trial Advocacy with Jack Siegal
Persuasion as Direct and Honest Advocacy with Jack Siegal The relevance to jury trials and jury persuasion is obvious. According to studies cited in a 2019 article in Business Insider, people develop first impressions of you “even before you open your mouth.” That means your mere appearance “affects how trustworthy, promiscuous, and powerful people [...]
Electronic Fund Transfer Fraud with Brad Rustin
Electronic Fund Transfer Fraud with Brad Rustin Grifters, scammers, con artists Sen. Elizabeth Warren, who championed the creation of Consumer Financial Protection Bureau (CFPB), calls the Zelle digital payments network a “preferred tool for grifters like romance scammers, cryptocurrency con artists, and those who prowl social media sites advertising concert tickets and purebred [...]
Government Involvement in Medical Decisions During Outbreaks with Bryce McColskey and Sandra Cianflone
Government Involvement in Medical Decisions During Outbreaks It's apparently (and hopefully) on its last legs. The Covid-19 pandemic was the most recent health issue to raise questions around government’s involvement (or interference) in an individual’s control over their own medical treatment. In their article – Government Involvement in Medical Care Decisions During Outbreaks of [...]
The Cannabis Employment Law Patchwork with Keya Denner
The Cannabis Employment Law Patchwork with Keya Denner Maryland and Missouri are the latest states to legalize recreational cannabis for people 21 and older. Voters came out in favor of legalization in the November 2022 midterms, bringing the total recreational jurisdictions to 22 states and the District of Columbia. Voters in North Dakota, [...]
The New European Unified Patent Court with Marianne Schaffner and Thierry Lautier
What's the new European patent court mean to global innovators? The European Union’s new Unified Patent Court is an international body set up by participating EU Member States to deal with the infringement and validity of both Unitary Patents and European patents. The court's objective is “putting an end to costly parallel litigation and enhancing [...]
Reimagining the Administration of Justice with Qudsiya Naqui of Pew Charitable Trust
Before COVID-19 came to America in early 2020, “going to court” literally meant putting on your shoes and walking into a courthouse, typically a large building with courtrooms inside, and people in robes and business suits and, in some cases, more restrictive attire. Stoked by necessity, courts sprinted toward solutions for keeping the wheels [...]
Modernizing Our Court System (but Don’t Attend Trial from Your Car) with Hon. Scott Schlegel
The judicial system is overburdened for a number of reasons, and greater efficiency is a must if court systems are to achieve their important objectives. Technology and openness to all that it offers is a key solution, something that was tried, tested and proven during the Covid pandemic which closed courthouses and law offices [...]
Greatly Exaggerated: The Impact of Bankruptcy on Mass Torts with Jennifer Hoekstra
When large companies face massive mass tort litigation, one way they can survive is to file for bankruptcy protection and reorganize. 3M recently put its Aearo Technologies subsidiary into bankruptcy in the face of more than 230,000 claims that's its defective earplugs caused hearing loss. When it came to filing bankruptcy 3M said Aearo [...]
Under Pressure: Courts and Lawyers Trying to Deal With It with Diana Manning
The pressure on trial lawyers, judges, plaintiffs, defendants, and court systems is only increasing. The backlog of cases in New Jersey, for example, nearly quadrupled between February 2020 and 2021, the first year of the pandemic, according to NJ Spotlight News (NJSN). The state is also facing a historic shortage of jurists, NJSN reported, [...]
Lawyers for Good with Tara Trask and Jason Flom
If you're feeling bad about being a lawyer, or just maybe tingling with the holiday spirit of giving back, this episode is for you. Listen to three professionals (well, maybe two "professionals") who deeply admire for the legal profession, the important role attorneys play in society, and all the potential they have to make [...]
Data-Driven Legal Guidance with Ed Walters
Today we’re going to talk about the weather. But only for a minute. Mostly we’re going to talk about the use of big data in the practice of law. There is a reason IBM acquired the digital assets of The Weather Channel, and it's not because they are climate nerds. They bought it to put [...]