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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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. Listen and learn more! PLUS: Watch the video for outtakes and bonus content!

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). 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. 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? Listen and learn more!

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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? Listen now to learn more!

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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. 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 [...]

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