Loading...
  • 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

Massive Mass Tort Settlements and Liability Forecasting

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

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

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!

A Shameless Plug for Our Content Services

Your content marketing is everything you’ve ever dreamed of. Right?

White Label Critical Legal Content for your organizationSara is marketing director at a boutique law firm. When we asked her how their blog was going, she made a sad face. But then, we made Sara smile.*

Critical Legal Content was founded by Tom Hagy, former Editor & Publisher of Mealey’s Litigation Reports and VP at LexisNexis, founder of HB, current litigation podcaster and editor-in-chief. CLC’s mission is to help smaller firms and service providers not only create content — blogs, articles, papers, webinars, podcasts (like the stuff on this site) — but also to get it out there. How? Via social media, this website, your website, and potential via our podcast and journal which we publish in collaboration with vLex Fastcase and Law Street Media. The goal is to attract readers and dizzy them with your brilliance.

*Inspired by actual events.

Create content like a real legal publisher.

Emerging Litigation Journal

JEIL S24 Top Legal Risks with Generative AI by Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright

The authors, Graham Reynolds, Robin Sagstetter, and Damon W.D. Wright discuss recent court cases which have brought to the forefront the top legal risks associated with the use of Generative AI.

The Use and Abuse of the Pollution Exclusion by Robert D. Chesler, Dennis J. Artese, and Jamie O’Neill

The authors, Robert Chesler, Dennis Artese, and Jamie O'Neill of Anderson Kill examine recent court decisions and ongoing cases that have brought to the forefront the critical issue of the reach of pollution exclusions in insurance policies.

Cracking the College Sports “Cartel”: Good for Athletes, Competition, and the Games by Joy Sidhwa and Tim LaComb

Momentum in the national debate over whether a college athlete should profit from licensing deals for their “names, images, and likenesses,” or NILs, swung in favor of players on June 21, 2021, when the Supreme Court ruled for the athletes in NCAA v. Alston. Authors Joy Sidhwa and Tim LaComb of MoginRubin, LLP discuss the impacts of the decision and subsequent court decisions and state legislation which have further cemented and defined the changing amateurism rules in college sports. As the authors note, "the ultimate test of whether amateurism drives demand will come after new state laws allow compensation unrelated to education. If compensation doesn’t trigger a drop in demand, the NCAA will lose its procompetitive justification for the restriction and likely bring an end to amateurism rules".

HB Webinars on CeriFi LegalEdge

The Commercial Drone Industry: Privacy, Security, Threats, and Mitigation of Risk

HB presents a CLE-eligible webinar Now on-demand at the West LegalEdcenter THE COMMERCIAL DRONE INDUSTRY Privacy, Security, Threats, and Mitigation of Risk Drones have become an increasingly valuable tool for businesses of all types and sizes. Drones are already being used in many applications, but more will certainly arise as the technology advances. This means that certain risks, like cyber threats, will also continue to present themselves. Protecting the transmission and storage of data collected through drones is critical. Unfortunately, security usually comes as an afterthought. The drone industry is part of the aviation industry, which, based on its knowledge, keeps safety as a number one concern. Part of that safety is having proper protection for your systems, including security as a fundamental design principle. Take this webinar to gain insights on the topics listed below, and shared by an attorney who practices on the cutting-edge of this evolving technology. Topics: Defining drones. Current and future applications. FAA Modernization and Reform Act of 2012. FAA Part 107 Regulations and waivers. Resources, e.g. the FAA Drone Zone and LAANC Portal. Penalties for violations. Privacy implications. Drones as weapons. Vulnerability to cyber attacks. Take it now! What you get: 1+ CLE credits (subject to bar rules). Insights from an experienced professional who specializes in this area of the law. The complete PowerPoint presentation. Continued access to the complete recording for later use. Answers to your questions. Fee: No additional charge to subscribers to the West LegalEdcenter. Non-subscribers may take the course for $170. Meet the Speaker Kathryn Rattigan Robinson & Cole LLP Kathryn Rattigan is a member of the firm's Business Litigation Group and Data Privacy + Cybersecurity Team. She advises clients on data privacy and security, cybersecurity, and compliance [...]

Assessing Risk in Medical Malpractice Mediation

HB Litigation Conferences presents Assessing Risk in Medical Malpractice Mediation CLE-eligible on demand webinar | Recorded 2021 Lawyers and claims professionals assess litigation outcomes all the time. The parties do not. You can help. Understandably, parties in medical malpractice disputes do not fully appreciate the risks inherent in litigation and are not aware of how continued litigation affects their underlying interests in the dispute. For example, some parties see the outcome as a reflection of their personal character. These challenges can hamper the parties' ability to make good decisions in litigated medical malpractice cases. Even organizations that are experienced in assessing litigation risk can make more decisions in these cases with adverse outcomes. Hear our panel of medical malpractice and insurance attorneys and litigation experts as they share their insights on successfully guiding individuals and organizations through these disputes. 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. REGISTRATION Key Points What are the intangible costs of medical malpractice litigation for individuals and institutions? How can advocates, claims professionals, and parties make better decisions in these cases? How are medical malpractice claims mediated? How can advocates use risk assessments in settlement negotiations? What do participants want from mediators? Meet the speakers. Gregory K. Wells Gregory K. Wells is a Maryland-based personal injury lawyer and partner with Shadoan, Michael & Wells LLP. His practice focuses on Plaintiff’s medical malpractice, serious personal injury and wrongful death cases, as well as commercial and business litigation. Greg [...]

The Antitrust Case Against Google

The Antitrust Case Against Google Perspectives from highly regarded competition law attorneys, litigators, and economists. This overview and Q&A has been developed for advertisers, mobile device makers, app developers, corporate counsel, business writers, and search market participants. The U.S. Department of Justice and 11 states have filed a sweeping antitrust suit against Google alleging the tech giant  abuses its position as "monopoly gatekeeper for the internet" to block competitors. The complaint says Google has used anticompetitive tactics to maintain and extend its monopolies in the markets for general search services, search advertising, and general search text advertising. The federal and state governments charge Google uses "exclusionary agreements, including tying arrangements" to "lock up distribution channels and block rivals." Google's considerable wealth helps make this happen. Google pays billions of dollars a year to distributors to secure their position as the default search engine, and prohibits these companies from dealing with Google competitors. Google's exclusionary strategy is being applied more harshly in newer technologies, such as voice assistants, and in its goal of dominating other platforms in the IoT category, such as smart speakers, home appliances, and autonomous cars. Without a court order, the government plaintiffs say, "Google will continue executing its anticompetitive strategy, crippling the competitive process, reducing consumer choice, and stifling competition." What does all of this mean to actual or potential rivals, ad buyers, consumer, developers, and device makers in three markets Search Service, Search Advertising, and Search Text Advertising? What type of defense might Google mount? What might the ultimate resolution look like? Join our panel, led by competition law thought leaders, as they address the potential impact of the litigation and answer your questions via live chat. • Setting the stage: What constitutes an illegal monopoly? • Lessons from United States v. Microsoft? • How does the government define the three markets? • What is in the [...]

Content Partners

Go to Top