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  • Ninth Circuit Rejects Religious Accommodation Claim in COVID Testing Case

    The Ninth Circuit has rejected a religious accommodation claim from a healthcare worker who objected to weekly COVID-19 testing, holding that the employee failed to show a bona fide religious conflict and that the employer’s masking-and-testing accommodation was reasonable. The ruling offers valuable guidance for employers navigating post-pandemic accommodation requests. Read the full analysis for key takeaways.

  • California AI Hiring Law Takes Effect, Mandating Bias Audits

    California’s new AI hiring regulations take effect on October 1, 2025, requiring employers to conduct bias audits and increase transparency when using automated decision systems. With broad definitions of ADS and new FEHA liabilities, employers must prepare now to stay compliant. Read the full analysis to understand what steps your organization should take next.

  • Montana Court Awards $2.9 Million in Fees to Youth Climate Plaintiffs After Landmark Constitutional Win

    A Montana District Court has awarded nearly $3 million in fees and costs to youth plaintiffs after their landmark constitutional victory recognizing a right to a stable climate system. The ruling highlights the societal importance of the case, the inequity of resources between the parties, and the critical role of private enforcement in protecting environmental rights. Learn more in the full article.

  • Unraveling “Reverse Discrimination” with Leah Stiegler

    What happens when workplace discrimination claims come from members of majority groups? In this episode of the Emerging Litigation Podcast, attorney Leah Stiegler of Woods Rogers unpacks the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services. The Court’s ruling—eliminating the “background circumstances rule”—marks a major shift in how discrimination cases are evaluated, reinforcing that Title VII protects everyone equally. Leah shares insights from mock jury trials, explores how geography and community values affect verdicts, and breaks down what employers should know about evolving discrimination standards.

  • Authentic Business Development for Litigators: Stop Chasing Cases and Start Building Clients with John Reed

    What if waiting for lawsuits is the worst growth strategy a litigator can have? In this episode of the Emerging Litigation Podcast, host Tom Hagy speaks with John Reed, founder of Rain BDM and host of Sticky Lawyers, about how litigators can build authentic, lasting client relationships instead of chasing the next case. John shares practical insights on defining your professional brand, using emotional intelligence in business development, and adapting your natural style—especially for introverts or those navigating remote mentorship. Whether you’re a new associate or a seasoned partner, this episode offers a roadmap for making your practice more resilient, visible, and genuinely client-centered.

  • New and Improved Antitrust Whistleblowing Incentives with Julie Bracker and Dan Mogin

    Can whistleblowers reshape antitrust enforcement the way they’ve exposed fraud in other industries? In this episode of the Emerging Litigation Podcast, host Tom Hagy talks with Julie Keeton Bracker of Bracker & Marcus and Dan Mogin of Mogin Law about the Department of Justice’s new push to encourage insider reporting in antitrust cases. They explore the history of qui tam actions, the power of the False Claims Act, and how individuals could soon play a bigger role in uncovering price-fixing, bid-rigging, and other anti-competitive schemes.

  • Resolving Business Disputes Without Burning Bridges Featuring Judge Alan Fine

    In this episode of the Emerging Litigation Podcast, retired Judge Alan Fine of Private Resolutions explores how businesses can resolve disputes without destroying valuable relationships. Drawing on decades of experience on the bench and in commercial litigation, Judge Fine explains the pros and cons of mediation, arbitration, and “private judging,” which allows parties to choose their own judge and resolve matters quickly and confidentially. He shares how aligning your dispute resolution strategy with business objectives—rather than emotions—can preserve partnerships, save time, and achieve fair results.

  • Insurance Coverage Litigation’s Modern Mayhem with Jeremy Moseley

    Insurance coverage litigation isn’t what it used to be. In this episode of the Emerging Litigation Podcast, Jeremy Moseley of Spencer Fane unpacks how automation, AI, climate change, and “social inflation” are reshaping risks and fueling high-stakes disputes. From thermonuclear verdicts to dangerous policy gaps, Jeremy offers sharp, practical insights into what insurers, policyholders, and lawyers should expect next.

  • Federal Courts Issue Contrasting Rulings on AI Training and Copyrighted Books Fair Use

    Federal courts in California just issued conflicting rulings on whether training AI models with copyrighted books qualifies as fair use. In Bartz v. Anthropic, the court protected training on lawfully purchased works but rejected the use of pirated copies. In contrast, Kadrey v. Meta allowed AI training on pirated books, calling it “highly transformative.” Tom Hagy explains that with more than 50 similar lawsuits pending, these decisions underscore the legal uncertainty facing tech companies, publishers, and creators—and could reshape the future of AI development and copyright law.

Emerging Litigation Podcast

The Intersection of Generative AI and the Legal Profession with Niki Black

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

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

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!

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Emerging Litigation Journal

AI Litigation Risks in Employment by Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller

The authors, Gerald L. Maatman Jr., Alex W. Karasik, and George J. Schaller analyze two novel AI lawsuits and highlight recent governmental guidance related to AI use in the employment context and the implications of possible discriminatory conduct stemming from the use of AI tools. "AI is here to stay," they write. "Whether companies choose AI technology for any 'employment decision,' companies must keep themselves up to date on any issued guidance and must actively monitor AI tools to prevent any possible discriminatory outputs."

Protecting Policyholders as AI Is Developed for Insurance Claims Handling by Marshall Gilinsky and Madison Marlow

The authors, Marshall Gilinsky and Madison Marlow discuss the integration of artificial intelligence (AI) within the insurance industry and outline the potential consequences of diminished human oversight in AI-driven insurance claims handling, highlighting the need for watchdogs and regulators to demand that AI tools under development afford “explainability” and protect policyholder rights.

Adapting to AI: Taking a Practical Approach to Governance by Blair Robinson

The author, Blair Robinson of Robinson+Cole discusses the need for a practical AI governance framework that businesses must embrace to harness AI’s transformative promise responsibly, encompassing a diligent, strategic, and technically nuanced governance approach. As she notes, "taking a methodical and use-case-driven approach may allow a business to embrace the transformative power of AI in critical areas while managing “wild west”-style use by employees without governance approval".

HB Webinars on CeriFi LegalEdge

Lien Resolution: Government & Private Plans Get Aggressive (Against Attorneys)

Includes Nearly 75 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. What can you do to settle personal injury suits cleanly and avoid costly litigation and penalties? What recent cases can inform you about protecting your settlements and, as attorneys, yourselves, from post-settlement federal lawsuits? How can your firm set itself up to meet government expectations? What role might experts play in navigating these pitfalls? Medicare Advantage (42 USC § 1395w-22) Federal Medical Care Recovery Act (FMCRA) (42 USC § 2651) Armed Forces Act (10 USC §1095) Veterans’ Benefits (38 USC §1729) Third-Party Collection Rules (32 CFR 537.24; 38 CFR 17.101, etc.) Set-Asides under the Medicare Secondary Payer Act (42 USC § 1395y(b)(2)] On Demand Registration Lien Resolution Government & Private Plans Get Aggressive (Against Attorneys!) On Demand | Recorded September 2020 It is increasingly common these days. Personal injury attorneys settle a case, only to find themselves sued by a U.S. Attorney for failing to reimburse Medicare for conditional payments as required by the Medicare Secondary Payer Act. In some cases the attorney may be required to pay fines in addition to the reimbursements and interest, a costly proposition. Are you up to speed on issues surrounding Medicare Advantage, TRICARE, veterans’ claims, and Medicare set-asides? Join nationally recognized healthcare lien and resolution expert Franklin P. Solomon and go-to lien resolution provider Brett Newman as they offer a practical, in-depth CLE presentation. Franklin P. Solomon, Esq. Attorney & Founder, Solomon Law Firm  A graduate of Rutgers University School of Law at Camden, Franklin Solomon is based in [...]

Telepsychiatry: Mitigating the Risks

REGISTER Registration Includes Nearly 90 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. Understand the risks associated with telepsychiatry and how to manage them.  Telemedicine has emerged as an important solution for healthcare in general and psychiatric medicine specifically during the current global pandemic. Remote access for sub-practices including addiction counseling have been commonly used. Our panel of psychiatric professionals who have served as expert witnesses and attorneys who counsel and represent physicians have prepared a 90-minute session to share insights with attorneys, physicians, healthcare providers, risk professionals, and more. Agenda Examining procedures and best practices that exist for ensuring confidentiality in a telemedicine practice How do you draft a telepsychiatric consent form? What is the emerging standard of care for telemedicine? Will the standard of care for telemedicine become a national standard? (Should it?) Review the case law addressing telemedicine or telepsychiatry How do the HIPAA regulations and HITECH privacy laws impact telemedicine? How have the HIPAA regulations and HITECH privacy laws been relaxed during the pandemic? Will the relaxed HIPAA and HITECH regulations impacting telemedicine continue past the pandemic? Which technical platforms are preferred? Which ones to avoid? Panelists Mark Levy, M.D., Medical Director at fpamed David Kan, M.D., UCSF Psychiatry Department and the California Society for Substance Abuse Medicine Ayesha Ashai, M.D., associated with fpamed Stephen M. Fatum, J.D., Partner, Barnes & Thornburg LLP Angela W. Russell, J.D., Partner, Wilson Elser Moskowitz Edelman & Dicker LLP Meet our physician and attorney panelists. Mark Levy MD Medical Director fpamed Dr. [...]

Maximizing Insurance as Climate Change Intensifies

HB presents an Anderson Kill webinar on-demand MAXIMIZING INSURANCE RECOVERY AS CLIMATE CHANGE INTENSIFIES As weather-induced disasters continue to intensify, maximizing insurance coverage after major storms, floods, wildfires, and other natural cataclysms is an essential survival skill for any business. In this session, attorneys who have successfully litigated property, business interruption and contingent business interruption claims from Hurricanes Katrina through Ida, along with wildfire and other major disaster claims, walk participants through all phases of insurance recovery, from buying the right policies to pursuing claims with persistence and awareness of pitfalls, to litigating successfully when necessary. Specific lessons from Hurricanes Sandy (2012), Harvey (2017) and Maria and Irma (2020) will be addressed. Topics: Developing a pre-storm preparedness plan, including mitigation efforts, assembly of a claims team, and insurance coverage review; Moving quickly to protect property from further damage, performing all emergency repairs, and documenting all losses in detail; Preparing and presenting well-supported property damage claims; Recognizing and including business interruption losses and extra expense outlays; Highlighting policy interpretation issues that affect the scope of available coverage; Outlining strategies for pursuing claims and incentivizing the insurance company to resolve them with due speed. On-Demand Registration Includes 1+ CLE credits (subject to bar rules). CLE codes are embedded in the video. CLE questions? Insights from experienced professionals. The complete PowerPoint presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters, or write to HB. Meet the Panel Finley Harckham Anderson Kill Finley is a senior litigation shareholder in the New York office of Anderson Kill and serves on the firm's Executive Committee. Finley regularly represents and advises corporate policyholders and other entities in insurance coverage matters. He has successfully litigated, arbitrated and settled hundreds of complex [...]

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