Emerging Litigation Podcast
The Humble Beginnings and Wild Evolution of the TCPA with Joe Apatov
The Humble Beginnings and Wild Evolution of the TCPA with Joe Apatov Only $32 million! I mean, why bother even getting out of bed? Joining me to discuss the evolution of the TCPA is Joseph A. Apatov (japatov@mcglinchey.com), a member of the McGlinchey Stafford law firm’s Consumer Financial Services Litigation practice group. Based in their Fort Lauderdale office, Joe litigates on behalf of financial services clients in both state and federal courts, with an emphasis on defending banks, mortgage lenders and servicers, private-label card issuers, and automobile finance companies. Apologies for my trip down memory lane. Bear with me as I regale you with stories from the newsroom at Mealey’s Litigation Reports and the team’s anxious reliance on the "latest" technology: the facsimile machine. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much Joe enlightened you, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast “The Telephone Consumer Protection Act had humble beginnings,” our guest writes, “with the bill’s sponsor explaining that the statute would permit consumers to bring small claims cases ‘without an attorney,’ and provides for an ‘amount of damages … fair to both the consumer and the telemarketer.’ Twenty-eight years after its enactment in 1991, the Eighth Circuit Court of Appeals affirmed a District Court’s decision to reduce a $1.6 billion jury award in a TCPA class action to only $32 million because the former was ‘shockingly large’ and ‘oppressive,’ in violation of the Due Process Clause .....” [...]
Where’s Your Head? Managing the Mind in Mediation with Jeff Trueman
Where's Your Head? Managing the Mind in Mediation with Jeff Trueman Joining me to discuss this is Jeff Trueman, an experienced, full-time mediator and arbitrator. Jeff helps parties resolve a wide variety of litigated and pre-suit disputes and interpersonal problems concerning catastrophic injuries, professional malpractice, wrongful death, employment, family business dissolution, real property, estate, and domestic relations. He is a panel mediator for the American Arbitration Association; a panel arbitrator for the Financial Industry Regulatory Authority; a Distinguished Fellow of the International Academy of Mediators; a recipient of the Paul A. Dorf Alternative Dispute Resolution Memorial Award by the Bar Association of Baltimore City; and will soon hold an LLM from the Straus Institute for Dispute Resolution at the prestigious Pepperdine School of Law. Finally, did I really suggest that having a mediator with a bad hip could help achieve a faster resolution? Did I really give a review of the HBO original movie Oslo, which I consider a must-see for anyone interested in conflict resolution? Did I really compare married couples during Covid-19 lockdowns to angry bees in a jar? Listen and find out. Spoiler alert: Yes. Yes I did. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how Jeff really got you thinking, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast "Attorneys possess many of the same characteristics as their human cousins." Someone said that. Probably me. They often bring to their jobs cognitive barriers that get in the way [...]
The Rise of Robojudges with Josh Davis
The Rise of Robojudges with Joshua Davis The good news for all of us, not the least of which are the robe and wig industries, is that we still have time. Artificial intelligence is advancing rapidly, but it's still not able to think like a learned jurist. We can say it will have flaws, but so do our human deciders. So it will be a tradeoff, right? What are the risks? What are the upsides? Will robojudges be able to absorb infinitely more information quickly? Will they hand down decisions free from the influence of bias? Wouldn't it be great to eliminate conflicts of interest? Joining me to discuss this not-so-out-there concept is Joshua P. Davis, a nationally recognized expert on legal ethics, class actions, and artificial intelligence in the law. He is Research Professor of Law at the University of California Hastings College of Law, and Shareholder and Manager of Berger & Montague, P.C.'s new San Francisco Bay Area Office. For more than 20 years Josh was a tenured Professor of Law at the University of San Francisco Law School, where he also served as the Director of the Center for Law and Ethics. Josh is authoring two books, one titled Unnatural Law, dealing with AI and the law, and a second on the important issue of class action ethics. Finally, remind me never to assume anything when I ask Josh a question. I said something like, "Surely we're not talking about sci-fi robots here," to which he basically said, "Not so fast." This happened more than once. When will I learn? This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our [...]
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