The Emerging Litigation Podcast

Tom Hagy is host and producer of this twice-monthly program which features a variety of professionals on issues important to litigators and in-house counsel. Tom is a long-time legal news enthusiast, former editor and publisher of Mealey’s Litigation Reports, current Editor-in-Chief of the Journal on Emerging Issues in Litigation, founding and managing director of HB Litigation Conferences, and founder and minority director of Critical Legal Content LLC. This podcast is a collaborative project between HB and Law Street Media. Contact Editor@LitigationConferences.com.

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IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick

December 17th, 2024|

In this episode, we discuss the evolving landscape of NFTs – or non-fungible tokens – which have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. Guest Cameron Pick of Marshall Gerstein draws on his expertise in intellectual property law to provide insights into the changing dynamics of NFTs and the legal issues that accompany them. Tune in now!

Humans at Work with Leah Stiegler

November 13th, 2024|

In this episode, Leah M. Stiegler, principal attorney at Woods Rogers, shares practical solutions for a variety of challenges, like love at work, pregnancy at work, discord at work, harassment at work, and working overtime. She talks about gender identity protections, implicit biases, and microaggressions, plus conducting administrative investigations, and ideas to mitigate risk, stay out of court, and maintain a positive work environment. Enjoy now!

When Chemical Crises Strike with Ed Gentle and Kip Benson

November 12th, 2024|

Soon after emergency response teams scramble into action to address chemical fires, explosions, or other toxic events, attorneys begin gathering and analyzing information either to mitigate corporate risk or to seek remedies for anyone impacted by such an event. Listen to our interview with Edgar C. "Ed" Gentle III and Katherine "Kip" Benson of Gentle, Turner & Benson LLC, about legal activity that goes on in the immediate aftermath of a toxic event. Ed and Kip draw on their deep experience resolving this type of litigation to discuss the flurry of activity that unfolds at law firms and inside legal departments within hours of a disaster.

The EPA’s New PFAS Safe Drinking Water Rule with John Gardella

November 12th, 2024|

In this episode, we dive into one of the hottest topics in environmental law right now: PFAS. Specifically, our guest, John Gardella of CMBG3 Law talks about the EPA’s new PFAS Safe Drinking Water Final Rule, which mandates acceptable levels of PFAS in public water systems. John is a leading voice in PFAS litigation and a recognized thought leader, known for his expertise in environmental and toxic tort litigation. Tune in now!

The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath

September 25th, 2024|

Hey! Corporate corruption costs $5 trillion a year! In this episode two former prosecutors talk about the Foreign Corrupt Practices Act, the government’s leading weapon in its global war on corporate crime. They also talk about the new statute on the block, the Foreign Extortion Prevention Act, and the many complexities of this fascinating area of the law. Check out our interview with Reed Smith attorneys Mark Bini and Tom Suddath. They know this area of the law inside and out.

False Claims Act, Health Care Whistleblowers, and Whistling in the Wind with Justin Lugar

August 17th, 2024|

In this episode, we discuss How whistleblower cases come about, the benefits of rewarding whistleblowers, how things are done differently outside the U.S., what’s driving the acceleration of this area of law, and best practices when your company is served with guest Justin Lugar of WoodsRogers. Drawing on his background as both public servant and private practitioner, Justin walks through these issues and others.

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President Biden’s Critical Infrastructure Cyber Memo and CrowdStrike’s Whoopsie Daisy with Elizabeth Burgin Waller

August 7th, 2024|

In this episode, we discuss our nation's critical infrastructure in the context of cybersecurity, addressing President Biden's recent National Security Memorandum on Critical Infrastructure Security and Resilience and its implications for sectors like energy, water, and transportation, with guest Elizabeth Burgin Waller of WoodsRogers. Beth also comments on a recent global system glitch that underscores the vulnerability of the networks behind many of our most critical services. We're talking CrowdStrike and Microsoft Windows.

Algorithmic Software Facilitated Price Fixing with Jonathan Rubin

July 3rd, 2024|

Everyone knows that price fixing is against the law, chiefly Section 1 of the federal Sherman Antitrust Act of 1890. Competitors may not collude to set prices. However, there are relatively new price-calculation tools that some companies maintain take them out of the equation. With these tools, shared across an industry, firms do not have to directly swap private information with competitors. Instead, they feed their data to a third-party which uses algorithms to come up with prices. In this episode, we discuss what algorithmic or software-facilitated pricing is, what the law says about price collusion, how this new pricing mechanism violates the law, and recent developments in litigation. Our guest highly regarded antitrust attorney Jonathan Rubin, Partner and Co-Founder of MoginRubin LLP.

Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone

June 30th, 2024|

Biometric data is big business. In many cases it even helps make our lives better.  It also presents  significant risks for a variety of parties, in addition to those of us who surrender our data. Companies collecting,  storing, utilizing, and monetizing the data face penalties and litigation bolstered by the increasing number of states enacting biometric information privacy acts, or BIPAs, the first of which was in Illinois. 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.

Mitigating Greenwashing Litigation Risks with Ramya Ravishankar

June 21st, 2024|

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

June 20th, 2024|

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!

Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles

May 22nd, 2024|

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

May 14th, 2024|

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!

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Technology-Assisted Review: Sara Lord Interviews Data Scientist Lenora Gray

April 14th, 2024|

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

April 4th, 2024|

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

March 17th, 2024|

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

March 17th, 2024|

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!

The Corporate Transparency Act: A New Effort to Fight Money Laundering with Lori Smith

February 29th, 2024|

In this episode, we discuss the Corporate Transparency Act (CTA) with Lori Smith of Stradley Ronon, including the key facets of the Act's requirements, potential penalties, and chances for litigation. As Lori notes, "the U.S. is one of the few countries in the world where you can form entities, and nobody can tell who owns them". The CTA aims to prevent this from being the case. Listen and learn more!

Litigators, YES Litigators: One Attorney’s Journey Within and Without the Legal Industry

February 19th, 2024|

In this episode, we discuss all the things one former litigator, Somya Kaushik, Senior Corporate Counsel at Mineral and Adjunct Professor of Law at Lewis & Clark Law School has done, and the advantages she feels a litigator can bring to a small company – one that isn’t embroiled in litigation (and would like to keep it that way). As she notes, "a litigator is well-positioned to identify actual but often overlooked legal risks, effectively mitigating issues and reducing both business and legal risks". Listen and learn more!

Massive Mass Tort Settlements and Liability Forecasting

February 1st, 2024|

In this episode, we discuss Liability Forecasting and the role it plays in the administration of massive, sometimes multi-billion-dollar mass tort settlement trusts with guests Mark Eveland and Ed Silverman of Verus LLC, which provides litigation support services to law firms working on mass torts, such as case management and medical review services, settlement administration, business and advisory services, and analytics. Liability forecasting mechanisms were built to fairly and judiciously compensate current and future claimants for their injuries. Listen and learn more!

Navigating International Discovery

January 31st, 2024|

In this episode, we discuss navigating the complexities of international discovery with Ben Daniels of Robinson+Cole and the benefits of understanding jurisdictional differences and having specialized tools and strategies to cut through the complexities. As Ben notes, "if you litigate in a foreign court, discovery, as it is known in the U.S., is not going to happen. But parties often forget a powerful tool to get around those restrictions". Listen and learn more!

Fresh Produce Law, Contracts, and Risks

January 31st, 2024|

In this episode, we discuss Fresh Produce Transportation Law with Katy Esquivel of Esquivel Law Chartered and the challenges of transporting fresh fruits and vegetables from farms to stores in a safe and timely manner. What legal and reputational risks do growers, brokers, and shippers face? What laws come into play? What are the essential components of contracts among participants in the supply chain? As Katy notes, "there is nobody in this country with a more tangible vested interest in the safety of produce than growers and everyone along the supply chain".  Listen and learn more!

Machines Inventing Machines: Artificial Intelligence and Patent Law

January 12th, 2024|

In this episode, we talk to Robert A. McFarlane of Hanson Bridgett LLP about artificial intelligence in the world of invention and questions raised in a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings - not machines - can be named as inventors under U.S. patent law. Listen and learn more!

The Awesome Potential of Advanced Dispute Resolution

December 22nd, 2023|

In this episode we talk to Rich Lee, founder of New Era ADR, about hot topics and issues involving what is referred to here as "Advanced Dispute Resolution", or ADR. What are the benefits of ADR? How can ADR enhance Access to Justice? How does employing ADR impact Accessibility, Diversity, and the Environment? What is the influence of Gamesmanship in legal proceedings? As Rich explains, "ADR is about rethinking litigation to make it more efficient for both sides. Get parties to be pragmatic, get to the point, present their arguments, and get it resolved". Listen now to learn more!

Applying Business Strategy to Your Law Firm

December 22nd, 2023|

In this episode of the Emerging Litigation Podcast, we hear from James Grant about looking strategically at your law firm as you would any business and explore one litigation firm’s journey through that transformative process. As he argues, "lawyers must learn AI now or else watch their competition fly past them in operational efficiency, customer service, and client retention". Listen to learn more!

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PFAS Regulation, Litigation, and Differentiation

November 9th, 2023|

In this episode, we give you some history of the PFAS compounds, discuss some of their important differences, review what litigation we're seeing (including the various claims and defenses), note what we can learn from recent settlement structures, forecast the impact of any new regulation, and predict what litigation might be next. Listen to our guests David Marmins and Morgan Harrison of Arnall Golden Gregory LLP.

ESG Programs and the Lawyer’s Role

October 6th, 2023|

In this episode, we discuss the role of attorneys and in-house counsel in the courageous new world of Environment, Social, and Governance Issues, or ESG. How can law firms themselves adopt ESG practices and what role do they play with clients? How can in-house counsel drive ESG initiatives? What are the pitfalls and risks? And have you ever wondered how rating organizations work? Listen now!

Natural Gas Bans and Bans on Bans

September 25th, 2023|

The Ninth Circuit Court of Appeals recently struck down Berkeley, California's ban on natural gas infrastructure in new buildings as a violation of federal law. As we will continue to see more such bans, our guest shares insights on how similar cases may be treated -- and much more.

Pixel Litigation Tests Old Privacy Law

September 21st, 2023|

New litigation alleging violations of the Video Privacy Protection Act -- which came well before online video streaming -- demonstrates how plaintiff attorneys are creatively applying traditional causes of action to litigate modern privacy issues in the absence of a federal law. Listen now for insights.

Hair Relaxer Injury Litigation

September 9th, 2023|

Last year the Aylstock, Witkin, Kreis & Overholtz law firm filed the first class action against L’Oréal and Softsheen-Carson for injuries, primarily to Black women, allegedly caused by hair relaxers and straighteners. Now, many cases are consolidated in multidistrict litigation. Listen for unique insights from a leading plaintiff attorney.

The Light and Dark Sides of Auto-GPT

August 2nd, 2023|

Businesses must understand how Auto-GPT technologies use data, the potential for biased results, and how to responsibly leverage these powerful technologies. Listen to my interview with Jason I. Epstein, Partner at Nelson Mullins Riley & Scarborough, as we explore this emerging field.

The Plight of the Indirect Purchaser

June 30th, 2023|

Consumers and businesses -- indirect purchasers of products whose prices are fixed by those who supply the maker of your purchase may not collect damages in states that -- surprisingly, do not have antitrust laws that give them standing. But what about federal law? Why do some states provide for damages and others do not? Are there alternatives? 

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The IRS and Rules About Rules

June 24th, 2023|

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.

June 6th, 2023|

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

May 9th, 2023|

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 [...]

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Electronic Fund Transfer Fraud with Brad Rustin

April 26th, 2023|

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 [...]

The Cannabis Employment Law Patchwork with Keya Denner

March 22nd, 2023|

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 [...]

  • Tara Trask and Jason Flom on Emerging Litigation Podcast

Lawyers for Good with Tara Trask and Jason Flom

December 22nd, 2022|

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 [...]

  • Ed Walters Discusses Data-Driven Legal Guidance

Data-Driven Legal Guidance with Ed Walters

November 26th, 2022|

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 [...]

  • John Gardella talks about PFAS Consumer Fraud Litigation

PFAS Consumer Fraud Litigation with John Gardella

November 14th, 2022|

These stubborn chemicals are everywhere. But when they find their way into products, shouldn't someone tell consumers? Per- and poly-fluoroalkyl substances (“PFAS”) are a family of more 12,000 manmade compounds.  That's a huge family. [...]

  • Ed Gentle speaks about medical monitoring

Medical Monitoring for Modern Times with Ed Gentle

November 1st, 2022|

Medical Monitoring for Modern Times: Attorney and court-appointed neutral Ed Gentle shares his vision for a new paradigm for mass torts.  Marissa, a resident of a small town in Kentucky, learned that [...]

Attorney Fees and Settlement Funds with Sam Dolce

August 2nd, 2022|

Our Guest As an attorney at Milestone, Sam Dolce provides in-depth, comprehensive consultations with attorneys about qualified settlement funds, fee deferral, and settlement planning. He also oversees the establishment of QSFs. Sam received a Bachelor [...]

  • Eric Cramer Antitrust Antiracism

Antiracism and Antitrust with Eric Cramer

June 20th, 2022|

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. [...]

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Cannabis Coverage Litigation with John McDonald and Jihee Ahn

May 23rd, 2022|

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 [...]

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Insurance Coverage for PFAS Claims

April 4th, 2022|

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 [...]

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Social Inflation’s Impact on Jury Verdicts

March 10th, 2022|

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 [...]

The Rise of Robojudges with Josh Davis

December 15th, 2021|

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 [...]

  • Broken Privilege IOT Kathryn Rattigan

Broken Privilege and IoT with Kathryn Rattigan

December 10th, 2021|

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, [...]

Wildfire Litigation and Recovery with Ed Diab

October 19th, 2021|

Wildfire Litigation and Recovery with Ed Diab I had the pleasure of interviewing Ed Diab, co-founder of Dixon Diab & Chambers in San Diego, about his firm’s role in the litigation, what the [...]

Gamification of Stock Trading with Brad Rustin

October 14th, 2021|

Gamification of Stock Trading with Brad Rustin "What's the deal?" you ask? Find out! Listen to my interview with FinTech attorney Brad Rustin, a partner with Nelson Mullins. In addition to chairing the [...]

A Special Episode: A lovable litigator with Danny Karon

October 8th, 2021|

A Special Episode: A lovable litigator with Danny Karon For  30 years attorney Daniel R. Karon has successfully represented plaintiffs and defendants in class-action and individual lawsuits. He's also chair of one of the [...]

Impact of Surfside Condo Collapse with Judah Lifschitz

September 9th, 2021|

Impact of Surfside Condo Collapse with Judah Lifschitz Joining me is experienced construction law attorney Judah Lifschitz of Shapiro, Lifschitz & Schram  who spoke about the near- and long-term impacts of the Surfside condo [...]

Drone Law with Kathryn Rattigan

August 30th, 2021|

Drone Law 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 [...]

The False Claims Act with Jack Siegal

July 28th, 2021|

The False Claims Act with Jack Siegal Joining me to discuss this important civil statute is Jack Siegal of McGlinchey Stafford in Boston. Jack's practice focuses on financial services litigation, complex commercial disputes, government investigations [...]

Cryptocurrency with Stephen Palley

July 22nd, 2021|

Cryptocurrency with Stephen Palley Joining me to discuss this paradigm-shattering model is Anderson Kill Partner Stephen D. Palley, a seasoned trial lawyer and litigator with extensive experience in complex commercial disputes like insurance recovery, [...]

The Age of Social Disparagement with Charlie Kingdollar

July 7th, 2021|

The Age of Social Disparagement with Charlie Kingdollar It was my pleasure to interview Charlie Kingdollar for our first episode of the Emerging Litigation Podcast. Charlie spent more than four decades with General [...]

Offshore Wind Power Initiatives with Jack Smith

July 7th, 2021|

Offshore Wind Power Initiatives with Jack Smith Joining me to discuss this important subject is Jack Smith, a partner with Nelson Mullins in Charleston, South Carolina. Jack's practice includes hazardous waste site management and remediation, contaminated property [...]

Labor Law in 2021 with Kathryn Hatfield

July 6th, 2021|

Labor Law in 2021 with Kathryn Hatfield Participation in labor unions is less than half of what it was 40 years ago. It has seen an uptick in the service sector, but [...]

Vince Vitkowsky on Insurance Coverage for Civil Unrest

April 20th, 2021|

Vince Vitkowsky on Insurance Coverage for Civil Unrest Civil unrest. Peaceful protests. Massive marches. Riots. Looting.  Which of these things are not like the other? Recent social outrage over police shootings of Black [...]

Psychedelics Decriminalization and Regulation with Griffen Thorne

March 10th, 2021|

Psychedelics Decriminalization and Regulation with Griffen Thorne Listen to my interview with Griffen Thorne, an attorney in the Los Angeles office of Harris Bricken LLP.  He focuses on corporate, transactional, intellectual property, data security, regulatory, [...]

Employment Law in the COVID-19 Era with Stefani Schwartz

January 22nd, 2021|

Employment Law in the COVID-19 Era with Stefani Schwartz Joining me to discuss this important subject is Stefani Schwartz, co-founder of the woman-owned employment-and-labor boutique Hatfield Schwartz in New Jersey. Stefani has devoted her legal [...]

COVID-19 and the Courtroom with Alison Besunder

January 6th, 2021|

COVID-19 and the Courtroom with Alison Besunder Joining me is Alison Besunder on this timely and evolving subject.  It’s based on her article — Crisis is the Mother of Change: How a Pandemic Sparked Progress [...]

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