Emerging Litigation Podcast
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.
ESG Programs and the Lawyer’s Role
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!
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Emerging Litigation Journal
2025 California Wildfires Prompt Wave of Suits
Bret Thurman provides an in-depth look at the surge of legal actions stemming from the catastrophic 2025 California wildfires, which caused widespread destruction across Southern California. He explores the numerous lawsuits filed against major utility companies like Southern California Edison (SCE) and the Los Angeles Department of Water and Power (LADWP), as well as actions against landlords accused of price gouging in the wake of the disaster. Key legal theories include negligence, inverse condemnation, and public nuisance, with plaintiffs arguing that mismanagement, delayed responses, and regulatory failures significantly contributed to the scale of the devastation. These cases could set important legal precedents for disaster liability and corporate accountability in California and beyond.
Fall bellwether trials for social media addiction cases to test novel legal theories
Are social media platforms the next Big Tobacco? A major lawsuit argues they’re designed to be addictive—will the courts agree? Justin Ward explores the upcoming bellwether trials against major social media platforms like Instagram, TikTok, Snapchat, and YouTube. The consolidated lawsuits, involving over 1,900 claims, argue these platforms are deliberately designed to exploit young users and cause addiction—drawing comparisons to cases against nicotine and opioids. Ward examines the complex legal challenges, including First Amendment issues and Section 230 protections, as courts determine whether these claims of negligence and failure to warn will move forward. The trials could set major precedents for social media regulation and corporate accountability.
22 States Sue New York Over Climate Fund, Calling It an ‘Unconstitutional Shakedown’
Tim Zyla examines the high-stakes legal battle between New York and a coalition of 22 states, led by West Virginia, over the state’s newly enacted Climate Change Superfund Act. The law requires energy producers to pay $75 billion over 25 years to fund climate damage recovery efforts. The lawsuit, filed in federal court, argues that New York’s law is unconstitutional, overreaches state authority, and unfairly targets out-of-state energy companies. Plaintiffs claim the Act violates multiple constitutional provisions, including the Commerce Clause, Due Process, and Equal Protection Clauses, as well as federal environmental law. Meanwhile, a pro se West Virginia resident has filed a motion to dismiss the case, defending New York’s actions as necessary for public health and climate accountability. Zyla highlights how this case could set a major precedent for state-level climate initiatives and corporate liability for environmental damage.
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