Two logos side by side with Critical Legal Content in a red square on the left and HB Litigation in blue on the right
Loading...
+
Nov 17: Ninth Circuit Rejects Religious Accommodation Claim in COVID Testing Case
|
Nov 16: California AI Hiring Law Takes Effect, Mandating Bias Audits
|
Nov 16: Montana Court Awards $2.9 Million in Fees to Youth Climate Plaintiffs After Landmark Constitutional Win
|
Oct 18: Unraveling “Reverse Discrimination” with Leah Stiegler
|
Oct 16: Authentic Business Development for Litigators: Stop Chasing Cases and Start Building Clients with John Reed
|
Oct 8: New and Improved Antitrust Whistleblowing Incentives with Julie Bracker and Dan Mogin
|
Oct 7: Resolving Business Disputes Without Burning Bridges Featuring Judge Alan Fine
|
Sep 17: Insurance Coverage Litigation’s Modern Mayhem with Jeremy Moseley
|
Sep 9: Federal Courts Issue Contrasting Rulings on AI Training and Copyrighted Books Fair Use
|
Sep 7: Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke
|
Sep 1: Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability
|
Aug 8: Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility
|
Aug 7: CEO Depositions and the Apex Doctrine with Rachel Lary
|
Aug 7: From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick
|
Aug 6: DEI Programs as a Source of Liability for Law Firms and Other Businesses
Get Updates & Opportunities

  • 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

Pixel Litigation Tests Old Privacy Law

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.

September 21st, 2023|Tags: , , , |
Read More
Hair Relaxer Injury Litigation

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.

September 9th, 2023|Tags: , , , , |
Read More
The Light and Dark Sides of Auto-GPT

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.

August 2nd, 2023|Tags: , , , , |
Read 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.

Contact Us

Emerging Litigation Journal

FTC v. Amazon: Market Definitions and Section 5 of the FTC Act

Traditional antitrust economics face significant challenges grappling with the relatively new digital economy. The author, Jonathan Rubin examines these and other issues raised in the case of FTC v. Amazon, which he anticipates will be a crucial test for antitrust and the FTC Act.

December 21st, 2023|Tags: , , , |
Read More
PFAS Regulation: EPA Ushers in Next Era of Mass Tort and Environmental Litigation

PFAS claims are the next frontier of mass tort and environmental litigation. With the EPA poised to finally enact the first regulation of these chemicals, that frontier is ripe for exploration. This article explores PFAS and the origin of litigation around the substances as well as the state of PFAS litigation and regulation today. It concludes with some thoughts on what to expect when it comes to PFAS litigation going forward.

September 21st, 2023|Tags: , , , |
Read More
TVPRA, State Statutes Open Door for Civil Damage Claims by Human-Trafficking Victims

Since 2003, when Congress opened the door for human-trafficking victims to sue for civil damages under the Trafficking Victims Protection Act of 2000 (TVPRA), the TVPRA and similarly drafted state statutes have allowed for human-trafficking victims to seek civil damages against any party that has benefited from their trafficking. Given this expansive inclusion of third-party liability, more and more businesses, especially those in the hospitality industry, are ultimately the ones left to pay for the criminal acts of human traffickers. In this article, the authors, Coryne Leyendecker and Pamela Lee discuss the evolving litigation around human-trafficking claims and offer guidance on how businesses can build a foundation for their own defense while simultaneously helping prevent human-trafficking crimes from occurring in the first place.

September 19th, 2023|Tags: , , , , |
Read More

HB Webinars on CeriFi LegalEdge

Content Partners

words on orange square
Go to Top