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.
Alternative Financial Support for Plaintiffs During Litigation with Erin Waas

Our Guest Erin Waas is Executive Director of The Milestone Foundation, a national 501(c)(3) nonprofit that provides financial assistance to people pursuing a personal injury lawsuit. Erin brings nearly two decades of experience working in the public sector and with nonprofits in fundraising and communications, most recently at the University at Buffalo, where she served as [...]

Antiracism and Antitrust with Eric Cramer

Our Guest Eric Cramer is Chairman of the Firm and Co-Chair of the Firm’s antitrust department. He has a national practice in the field of complex litigation, primarily in the area of antitrust class actions. He is currently co-lead counsel in multiple significant antitrust class actions across the country in a variety of industries and is [...]

Cannabis Coverage Litigation with John McDonald and Jihee Ahn

Our Guests John B. McDonald is an experienced litigator practicing in the Seattle and New York offices of Harris Bricken, where he represents clients in complex commercial, insurance, and partnership matters. Prior to joining Harris Bricken, John spent two years in Seattle with the Office of Chief Counsel, U.S. Customs and Border Protection (a component agency [...]

Takeaways from the SEC’s $100M Fine Against FinTech Lender BlockFi

Our Guest Brad is a partner in the Greenville, South Carolina, office of Nelson Mullins Riley and Scarborough where he chairs the firm’s Financial Services Regulatory Practice, leading a team of attorneys in a national practice representing clients in financial regulatory and FinTech matters. He is a valued member of the Editorial Board of Advisors for [...]

What Businesses and Lawyers Should Know About the U.S./China Relationship

Our Guest Dan Harris is a leading authority on the legal and strategic aspects of conducting business in emerging markets. He is co-founder of the international practice of Seattle-based HarrisBricken, which has offices across the U.S., as well as in China, Spain, Mexico, and Brazil. His China Law Blog was named, and with good reason, to [...]

Insurance Coverage for PFAS Claims

PFAS Insurance Coverage with Robert D. Chesler of Anderson Kill Listen to my interview with Anderson Kill's Robert D. Chesler, a preeminent expert on insurance coverage law especially in the context of highly complex long-tail claims scenarios involving multiple parties and events that can span decades and always cost many millions of dollars.  Considered by many [...]

The Impact of Sanctions on Russia on Global Financial Markets with Brad Rustin

The Impact on Global Financial Systems of U.S. Sanctions on Russia with Brad Rustin But what risks do American corporations and financial institutions face in light of these measures? What difficult reverberations will companies feel across the world? What should global businesses and FinTechs be doing right now to avoid, among other things, [...]

Social Inflation’s Impact on Jury Verdicts

Social Inflation's Impact on Jury Verdicts in Healthcare Litigation Our guests wrote in the Journal on Emerging Issues in Litigation: “These outsize awards are often driven by myriad factors including sympathetic jurors, societal conceptions about income and wealth of corporations, the use of emotion-driven ‘Reptile Theory’ tactics by plaintiff attorneys, the media spotlight [...]

Persuasion Science for Trial Lawyers with John Blumberg

Persuasion Science for Trial Lawyers with John Blumberg John joins me to discuss his study of the science behind persuasion. He examines a number of important concepts for trial attorneys, such as how emotions overcome rational thought, and how mental fatigue interferes with how we receive information, leading us to take mental [...]

PFAS Science with Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler

PFAS Science with Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler In Part 1 of the episode, we discussed the PFAS from the scientific and environmental engineering perspective. And to do that I was fortunate to have  Jim Fenstermacher and Dr. Jaana Pietari from the global engineering firm Ramboll.  Jim and Jaana have deep experience in environmental [...]

The Humble Beginnings and Wild Evolution of the TCPA with Joe Apatov

The Humble Beginnings and Wild Evolution of the TCPA with Joe Apatov Only $32 million!  I mean, why bother even getting out of bed? Joining me to discuss the evolution of the TCPA is Joseph A. Apatov (japatov@mcglinchey.com), a member of the McGlinchey Stafford law firm’s Consumer Financial Services Litigation practice group. Based [...]

Where’s Your Head? Managing the Mind in Mediation with Jeff Trueman

Where's Your Head? Managing the Mind in Mediation with Jeff Trueman Joining me to discuss this is  Jeff Trueman, an experienced, full-time mediator and arbitrator. Jeff helps parties resolve a wide variety of litigated and pre-suit disputes and interpersonal problems concerning catastrophic injuries, professional malpractice, wrongful death, employment, family business dissolution, real property, estate, and domestic [...]

The Rise of Robojudges with Josh Davis

The Rise of Robojudges with Joshua Davis The good news for all of us, not the least of which are the robe and wig industries,  is that we still have time. Artificial intelligence is advancing rapidly, but it's still not able to think like a learned jurist. We can say it will have flaws, [...]

Broken Privilege and IoT with Kathryn Rattigan

Broken Privilege and IoT with Kathryn Rattigan Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole. Kathryn provides clients guidance regarding privacy and data protection in [...]

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