Emerging Litigation Podcast
The Awesome Potential of Advanced Dispute Resolution
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
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!
PFAS Regulation, Litigation, and Differentiation
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.
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Emerging Litigation Journal
How Companies Seeking to Leave China for Mexico Can Mitigate Their Legal Risks and Protect Against New Ones
The Author Dan Harris (dan@harrisbricken.com) is co-founder of Harris Bricken where he focuses his practice on international law and protecting businesses in their foreign operations. A leading authority on the subject, he is also editor of the highly regarded China Law Blog, and a valued member of the Editorial Board of Advisors for the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. How Companies Seeking to Leave China for Mexico Can Mitigate Their Legal Risks and Protect Against New Ones "Chinese manufacturers commonly seek retaliation against foreign buyers that cease buying product from them. For this reason, it is critical that you line up your new suppliers (preferably in a country other than China) and have them ready to go before you even hint to anyone in China that you might cease or reduce production with an existing China supplier." Abstract: The author, one of the leading authorities on the legal issues related to international manufacturing, discusses the risks companies will face if they move their manufacturing out of China, what they should do to mitigate those risks, and what new risks they will face in a new country, such as Mexico. He comments on a variety of concepts, including manufacturing agreements, protection of intellectual property, strategies for a safe departure, potential retaliation tactics, and even personal security matters. Download the article now!
Climate Change, Property Rights, and Conservation: Highlights from a Decade of Environmental Law (2013–2023)
The Author Victoria Kline (linkedin.com/in/victoria-kline) just graduated from the University of Miami School of Law, and is an incoming associate at Jones Day. She focused her studies on environmental law, which also will be her area of practice. (Congratulations to Victoria on her graduation and getting her start at Reed Smith!) Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Climate Change, Property Rights, and Conservation: Highlights from a Decade of Environmental Law (2013–2023) Abstract: The author discusses nine recent decisions—all but one handed down by the Supreme Court—that demonstrate the ongoing debate over responsibility for the effects of climate change, how the courts are essentially asked to strike a balance between environmental protection and economic development, the intersection of property rights and conservation, and how litigants fared with their arguments over different aspects of this important and, many would say, existential dilemma. The author concludes with an update from the United Nations Framework Convention on Climate Change and the establishment of a loss and damage fund for countries harmed by climate change. "The past decade has seen numerous legal challenges and landmark rulings in environmental law, reflecting the growing recognition of the critical importance of protecting the environment for current and future generations. From the Supreme Court’s decision in Michigan v. EPA to the recent Juliana v. United States case, the judicial branch has dramatically changed the way litigation can be used to protect the interests of the earth and its inhabitants." Download the article now!
Procedural Challenges to the IRS’s Compliance With the APA and Its Impact on Tax Litigation
The Author Jeffrey S. Luechtefeld (jeff.luechtefeld@chamberlainlaw.com) is a tax controversy and litigation attorney with Chamberlain, Hrdlicka, White, Williams, and Aughtry (Atlanta, Georgia) where he focuses his practice on resolving tax disputes with the Internal Revenue Service, administratively or through litigation. Jeff previously was a Special Trial Attorney for the IRS Office of Chief Counsel as well as a director in the tax controversy practice of a big four accounting firm. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Procedural Challenges to IRS Compliance With the APA and Its Impact on Tax Litigation Abstract: The Administrative Procedure Act (APA) places specific requirements on agencies of the federal government when engaged in a “rule making” that has the force and effect of law. Recently, the APA has become a focal point in tax litigation, due in large part to the IRS’s history of refusing to comply with the process mandated by the APA. This article focuses on procedural challenges to the IRS’s compliance with the APA based on the IRS’s history of non-compliance with the APA’s notice-and-comment requirement. It highlights recent trends in tax litigation and considers the future of APA challenges in this area. "IRS’s level of APA non-compliance matters significantly ... "APA challenges predicated on the IRS’s failure to adequately follow the APA’s notice-and-comment process are inherently fact-intensive endeavors ... "The challenging party should gauge the usefulness of the relief requested and balance that against the cost required to prevail ... "Ultimately, APA challenges are important, and may be necessary for a taxpayer to get to argue the merits of their case, but they do not often end the dispute with the IRS." Download the article now!
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