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  • Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab

    In this episode of the Emerging Litigation Podcast, you will discover the legal complexities of wildfire litigation as Ed Diab, founding partner of Diab Chambers LLP, unpacks the strategies used to establish liability against utility companies in the wake of Southern Californiaโ€™s devastating January 2025 wildfires. With over 100 lawsuits filed against power providers like Southern California Edison, plaintiffsโ€”including public entities, individuals, and insurersโ€”face an uphill battle proving negligence and inverse condemnation claims. Ed shares insights on case-building strategies, the role of expert investigations, key legal defenses raised by utilities, and the evolving litigation landscape. Tune in for a deep dive into how these high-stakes cases unfold. Don't miss this episode!

  • Forever Chemicals: Insurance Recoveries for PFAS Liabilities

    Take this CLE webinar and gain a better understanding of the evolving legal, regulatory, and insurance landscape surrounding PFAS ("forever chemicals") and their growing impact on businesses and insurers. We feature experienced insurance recovery attorneys Bob Horkovich and Cameron Argetsinger and environmental experts Arthur J. Clarke and Walker Prentke from J.S. Held. Take it now or when you're ready. It's on demand!

  • Injunction against Trumpโ€™s DEI executive orders unlikely to stem massive wave of โ€˜reverse discriminationโ€™ lawsuits

    Justin Ward examines the recent federal court injunction against President Trumpโ€™s executive orders targeting Diversity, Equity, and Inclusion (DEI) programs. While the ruling temporarily halts enforcement of these orders, legal experts suggest itโ€™s unlikely to slow the growing wave of โ€œreverse discriminationโ€ lawsuits. Since the Supreme Courtโ€™s 2023 decision in Students for Fair Admission v. Harvard, more than 100 claims alleging discrimination against majority groups have been filed. Additionally, state legislation and an upcoming Supreme Court case, Ames v. Ohio Department of Youth Services, could further lower the bar for such claims, potentially fueling even more litigation.

  • Post-Hurricane Coverage and Claims Adjustment Issuesโ€‹

    Take this CLE webinar and gain a better understanding of ey insurance coverage issues arising from Hurricanes Helene and Milton, including business interruption claims, deductibles, flood sublimits, and strategies to address delays in the claims adjustment process. We feature experienced insurance recovery attorneys Dennis Artese, Marshall Gilinsky, Joshua Gold, and Grant Brown of Anderson Kill, P.C. Take it now or when you're ready. It's on demand!

  • 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 theyโ€™re designed to be addictiveโ€”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 addictionโ€”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.

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Emerging Litigation Podcast

Last Days of Patent Eligibility Confusion with Ryan Phelan

In this episode, we discuss the intricate landscape of patent eligibility in the United States, twin patent law decisions from the Supreme Court, and the proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions with seasoned patent attorney, Ryan N. Phelan of Marshall Gerstein. Listen now!

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IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick

In this episode, we discuss the evolving landscape of NFTs โ€“ or non-fungible tokens โ€“ which have taken the digital world by storm โ€“ or perhaps just a downloadable picture of a storm โ€“ promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. Guest Cameron Pick of Marshall Gerstein draws on his expertise in intellectual property law to provide insights into the changing dynamics of NFTs and the legal issues that accompany them. Tune in now!

Humans at Work with Leah Stiegler

In this episode, Leah M. Stiegler, principal attorney at Woods Rogers, shares practical solutions for a variety of challenges, like love at work, pregnancy at work, discord at work, harassment at work, and working overtime. She talks about gender identity protections, implicit biases, and microaggressions, plus conducting administrative investigations, and ideas to mitigate risk, stay out of court, and maintain a positive work environment. Enjoy now!

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Critical Legal Content was founded by Tom Hagy, former Editor & Publisher of Mealeyโ€™s Litigation Reports and VP at LexisNexis, founder of HB, current litigation podcaster and editor-in-chief. CLCโ€™s mission is to help smaller firms and service providers not only create content โ€” blogs, articles, papers, webinars, podcasts (like the stuff on this site) โ€” 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.

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Emerging Litigation Journal

22 States Sue New York Over Climate Fund, Calling It an โ€˜Unconstitutional Shakedownโ€™

Tim Zyla examines the high-stakes legal battle between New York and a coalition of 22 states, led by West Virginia, over the stateโ€™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 Yorkโ€™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 Yorkโ€™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.

When Litigation Financing Goes Wrong, Who Pays?

The bankruptcy of Houston's AkinMears LLP highlights the risks of relying too heavily on third-party litigation financing and the broader implications for transparency, regulation, and financial sustainability in mass torts. The firm filed for Chapter 7 bankruptcy citing more than $200 million in debt owed to litigation funding companies Virage SPV 1 and Rocade Capital. According to Bloomberg Lawโ€™s U.S. Bankruptcy Tracker, AkinMears LLP was the only U.S. law firm filing for bankruptcy in January 2025 with $50 million or more in liabilities. In total, 12 large law firms declared bankruptcy in January 2025, up from seven in January 2024 but slightly below the 17 cases recorded in January 2023. Read our report by guest contributor Jennifer Holmes.

Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?

Diana Gliedman, Dennis Nolan, and Fiona Hogan examine the impact of Mexicoโ€™s recent presidential decree banning certain foreign textile imports through the IMMEX program and increasing tariffs on textile products. The ban has disrupted operations for textile companies and third-party logistics providers, leading to unexpected costs, rerouting challenges, and supply chain delays. The authors outline how businesses may find relief through insurance policies such as Supply Chain Insurance, Business Interruption, Contingent Business Interruption, and Marine Cargo/Stock Throughput Insurance. They emphasize the need for swift action to review coverage, notify insurers, and document losses to maximize potential claims.

HB Webinars on CeriFi LegalEdge

Catastrophic Wildfires Recovery โ€“ Get the Most from Your Insurance Coverage

Take this CLE webinar and gain a better understanding of the complex insurance coverage and remediation issues arising from wildfire disasters, including property damage claims under commercial all-risk and homeowners insurance, valuation provisions like replacement cost and ACV, and time element coverages such as business income loss, civil authority coverage, and additional living expenses. We feature experienced insurance recovery attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold of Anderson Kill, P.C. Take it now or when you're ready. It's on demand!

Class Action Defense: Key Developments on the Arbitration Front

Gain a better understanding of the key developments on the arbitration front related to class action defense, including the key U.S. Supreme Court rulings shaping the litigation landscape and the main arbitration trends to remain vigilant for on a CLE webinar featuring experienced class action defense attorneys Gerald L. Maatman, Jr. and Eden E. Anderson. Register today!

Trends and Strategies in Wage & Hour Class and Collective Actions

Gain a better understanding of the Fair Labor Standards Act (FLSA) and wage and hour collective actions, get up to date on significant trends and recent key settlements in this area of law, and grasp the main considerations for conditional class certification and decertification and the key collective action rulings handed down in 2023 on a CLE webinar featuring experienced class action defense litigators Gerald L. Maatman, Jr., Jennifer A. Riley, and Greg Tsonis. Sign up today!

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